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HomeMy WebLinkAbout103265 HAISTON OIL COMPANY INC - CONTRACT - BID - 6037 FLEET FUELSERVICES AGREEMENT Fleet Fuel Haiston Oil THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and HAISTON OIL CO. , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide fuel services in accordance with the Service Provider's response to Bid 6037, Fleet Fuel 2007, and the Scope of Services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence March 31, 2007, and shall continue in full force and effect until March 30, 2008, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: Haiston Oil Co. 225 Maple St. Fort Collins, CO 80521 CERTIFICATE OF INSURANCE ISSUED BY ASSOCIATION INSURANCE MARKETING, INC. PO BOX 68, EVERGREEN, CO 80437-0068 FAX 303 674 8819 303 674 8685 / 900 571 M85 Insured: HAISTON OIL CO, INC. P.O. BOX 1576 FORT COLLINS, CO 80522 TO WHOM IT CONCERNS: Company Affording Coverage PINNACOL ASSURANCE 7501 EAST LOWRY BLVD. DENVER, CO 80230 (303 361 4000) This is to certify that PINNACOL ASSURANCE has issued a Standard Workers' Compensation and Employers' Liability Policy as described below covering the liability imposed upon subject employers by the Workers' Compensation Act of Colorado, said policy being in good standing as of this certificate issue date: 01-09-07. POLICY NUMBER: 3019023 BROKER OF RECORD: BROKER CODE NUMBER G30166 POLICY PERIOD: 02-01-07 to 02-01-08 ASSOCIATION INSURANCE MARKETING, INC. CLASSIFICATION: GASOLINE DEALER & D PO BOX 68 CODE: 8350 EVERGREEN, CO 80437-0068 LIMITS OF LIABILITY EMPLOYERS' LIABILITY COVERAGE Part Two of the policy, LIMIT OF EMPLOYERS LIABILITY, is as follows: Bodily Injury by Accident $ 500,000 each accident Bodily Injury by Disease S 500,000 each employee Bodily Injury by Disease S 500,000 policy limit IMPORTANT: THE COVERAGE DESCRIBED ABOVE IS IN EFFECT AS OF THE ISSUE DATE OF THIS CERM- CATE. IT IS SUBJECT TO CHANGE AT ANYTIME IN THE FUTURE. CANCELLATION SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, PINNACOL ASSURANCE wlLL ENDEAVOR TO MAIL to DAYS wRIT[EN NOTICE TO THE CERTIFICATE HOLDER BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON PINNACOL ASSURANCE OR ASSOCIATION INSURANCE MARKETING. SPECIAL CONDMONS: CMIFICATE HOLDER CITY OF FORT COLLINS ATTN: JIM H ME P.O. BOX 580 FORT COLLINS, CO 80522 AUTHORIZED REPRESENTATIVE In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per gallon of fuel delivered, the sum of: • Rack Price, plus • $ 0.01853 per gallon Markup for Transport or Tankwagon loads. • $ 0.0491 per gallon Delivery Charge for Transport loads. • $ 0.0991 per gallon Delivery Charge for Tankwagon loads. • The above rates apply to both E10 and E85 fuels (when and if E85 is available). 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use. 11. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected,. the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. THE CITY OF FORT COLLINS, COLORADO By: 1 J .O / A- xQz� Jams- O'Neill il, CPPO Director of Purchasing & Risk Management Date: 3 7 HAISTON OIL CO. By: J H t015, President � - y ATTEST: (Corporate Seal) Corporate Secretary Exhibit A: SCOPE OF SERVICES FUEL SUPPLIED Approved Terminals: The Service Provider shall submit a list of all terminals currently used to load fuel. From this list of terminals, the City will select three or more "approved" terminals. The Service Provider shall load all fuel for City use from these terminals only. Should the Service Provider load from other than approved terminals, the City may immediately cancel this contract and all associated purchase orders. Pricing: When an order is placed by the City, the Service Provider shall load at the approved terminal with the lowest rack price for the day. It shall be the Service Provider's responsibility to select the terminal with the lowest rack price. If the lowest rack price cannot be obtained, the Service Provider shall include an explanation along with the invoice faxed to Equipment Services. State E.R.S. charges and the Federal Superfund shall be included in the Service Provider's mark-up. No separate charges on any invoice for State E.R.S. and Federal Superfund shall be allowed. Terminal Price Report: The Service Provider shall supply the City with a terminal price report along with any invoice faxed to equipment. This report shall include, at a minimum, a complete listing of approved terminal rack prices in effect at the time the invoiced fuel was ordered. DELIVERY AND RESPONSE TIME Drivers: No more than two drivers for Transport loads and two drivers for Tankwagon loads shall be assigned to deliver fuel to the City. It shall be the Service Provider's responsibility to ensure that all drivers are properly trained and familiar with tank locations, quantities, etc. Delivery Trucks and Trailers: The City shall have specific trucks and trailers assigned to deliver City fuel. Trucks and trailers which are used to deliver fuel to the City shall be used to haul fuel exclusively and a shipping log or delivery record shall be available to the City representative at each fuel drop. The City shall have the right to inspect City -assigned truck/trailers. The awarded vendor shall have the proper fittings to hook-up to the City's tite-fill drop tubes. Deliveries: Transport deliveries must be made the day after the order is placed. Tankwagon loads must be delivered the same day of the order if the Service Provider received the order before 1:OOpm. Shipments must arrive at specified destinations between the hours of 8:00 A.M.. and 3:30 P.M. for the City of Fort Collins. A City representative shall be present for all fuel deliveries. It is the driver's responsibility to inform the City representative that he is ready to unload. Requests for scheduled weekend/holiday deliveries shall be accommodated by the Service Provider. Emergencies: The Service Provider must be able to provide after hours service in the event of an emergency (i.e. fire, main break, power outage, etc.). If there is an emergency, the Service Provider must be able to deliver loads with a four hour notice. Invoice: All Tankwagon deliveries, except emergency deliveries, must be accompanied by an invoice from the fuel supplier in addition to a shipping log. All Transport loads must be accompanied by a "Bill of Lading" from the terminal where the fuel was loaded. It will be the driver's responsibility to give the City's representative the proper documentation. Fuel Supply: Any potential problems in supplying fuel must be brought to the attention of the Purchasing Division IMMEDIATELY. Non -availability of fuel will allow the City to obtain fuel from an alternate source. Temporary Tanks: The City will request the use of temporary tanks for special projects. Special consideration will be given to bidders who can provide this service. On -Site Deliveries: The awarded vendor will occasionally be required to deliver fuel to City construction sites for the purpose of refueling City equipment. Such deliveries must be metered and vehicle numbers noted on the invoice. On -site deliveries must be made within the same time frame as any Tankwagon deliveries. Scheduled Deliveries: On a schedule determined by the City the Service Provider will automatically top -off our smaller tanks. The driver shall stick the tanks, fill to a safe level, and record the before and after delivery stick readings on the invoice. Vapor Recovery: The Service Provider's delivery driver shall attach the vapor recovery hose wherever possible. QUALITY CONTROL Fuel Specification: All fuel must be "branded" fuel, loaded, from City -approved terminals. In addition, all fuel must meet or exceed applicable ASTM and Federal specifications in effect at the time of delivery. The City would like to begin using E85, alternative fuel when possible. Required tanks are not yet in place and the City does not have a large number of vehicles which can use the fuel, but, if the vendor develops a source for E85, the firm should supply information regarding the fuel specification and availability. It is the Service Provider's responsibility to inspect each shipment to ensure that each delivered lot meets the performance requirements and that the product is not contaminated at the time of delivery. Product Identification: Product Identification tags will be provided by suppliers as requested. Tags will conform to API standards for product identity. Testing: The City may at any time have any type of fuel analyzed upon delivery (a sample taken directly off the delivery truck) by an independent testing agency of their choice. In the event fuel does not meet specifications, all testing costs and costs associated with the removal of poor fuel and replacement with fuel meeting all specifications will be paid by the Service Provider. Errors: In the event of an error resulting in the delivery of fuel being pumped into a wrong tank, it will be the responsibility of the Service Provider to drain the affected tank and refill correctly at their expense. All spills and overflows, no matter what the volume, must be reported immediately to a City representative. The Service Provider shall be responsible for clean-up of all spills, including all associated costs. The Service Provider shall follow all pertinent rules and regulations governing such spills, and file all required reports. Clean-up of spills shall be completed as soon as possible. Problem Resolution: In the event of problems which are.not resolved via telephone contact with the Service Provider, the City's representative will notify the Service Provider in writing and schedule a meeting to resolve the situation. The Service Provider's representative and the City's representative shall agree on a course of action and the Service Provider will have one calendar month to remedy the problems. If such problems are not remedied, the City may cancel the contract with no penalty. INVOICING AND PAYMENTS Required Information: The Service Provider, on all invoices, shall show the terminal from which the fuel was loaded, the date and time the fuel was loaded, and the quantity of fuel delivered. The rack price must be on the invoice, along with the Service Provider's the mark-up, and delivery charge. The mark-up shall include profit, ERS charges, and Superfund charges. Invoices and terminal price reports shall be faxed to Equipment Services within two calendar days and an original invoice mailed to the City no later than five calendar days after the fuel order has been delivered. All City invoices shall be sent to: City of Fort Collins Accounting Department P.O. Box 580 Ft. Collins, CO 80522 Fax invoice and terminal price report to: City of Fort Collins - Equipment Services 970-221-6857 All deliveries are priced F.O.B., Point of Shipment, prepaid unless otherwise specified. Any percentage discount allowed for prompt payment shall be shown where noted on the bid proposal forms. Whenever possible, payment will be made to conform to this discount. Invoices must be furnished exclusive of any Federal Excise Tax and State and Local Taxes. Exhibit B: INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverage shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all. of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.