HomeMy WebLinkAbout128575 GRAY OIL COMPANY - CONTRACT - BID - 5829 TRANSFORT FUELs
SERVICE AGREEMENT
TRANSFORT FUEL SUPPLIER
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 GRAY OIL COMPANY, Inc., 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 delivery services in accordance with 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 January 1, 2004, and shall continue in full force and effect until
December 31, 2004, 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. Service Provider may be required to provide proof of increased costs in order to justify
requested price increases. 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:
Gray Oil Company, Inc.
804 Denver Ave.
Fort Lupton, CO 80621
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BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)49 CFR Part 661The Buy America regulation, at 49 CFR 661.13, requires
notification of the Buy America requirements in FTA-funded contracts. The contractor agrees to
comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not
be obligated unless steel, iron, and manufactured products used in FTA-funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is
subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final
assembly in the United States for 15 passenger vans and 15 passenger wagons produced by
Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less
than $100,000) made with capital, operating, or planning funds. Separate requirements for
rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a
general waiver must be manufactured in the United States and have a 60 percent domestic
content.
CARGO PREFERENCE REQUIREMENTS
46 U.S.C.1241
46 CFR Part 381
Not applicable
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq. 49 CFR Part 18
The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec . The
Contractor agrees to report each violation to the Purchaser and understands and agrees that
the Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
LOBBYING
31 U.S.C. 135249 CFR Part 1949 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C.0 1601, et seq.]
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to
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that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTI FI CATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to
records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees
to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States
or any of their authorized representatives access to any books, documents, papers and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.
633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. through 4. Not applicable
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
FEDERAL CHANGES
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.0 7401 et seq.. The Contractor
agrees to report each violation to the Purchaser and understands and agrees that the Purchaser
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will, in turn, report each violation as required to assure notification to FTA and the appropriate
EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
RECYCLED PRODUCTS
42 U.S.C.6962
40 CFR Part 247
Executive Order 12873
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.0 827 -333 (1995)
29 C.F.R.0 5 (1995)
29 C.F.R.0 1926 (1995)
Pursuant to Section 102 (Overtime):
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $ 10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
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clauses set forth in this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this
section.
(5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and
Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety
and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the
Contractor agrees that it will not require any laborer or mechanic to work in unsanitary,
hazardous, or dangerous surroundings or working conditions.
(ii) Subcontracts - The Contractor also agrees to include the requirements of this
section in each subcontract. The term "subcontract' under this section is considered to
refer to a person who agrees to perform any part of the labor or material requirements of
a contract for construction, alteration or repair. A person who undertakes to perform a
portion of a contract involving the furnishing of supplies or materials will be considered a
"subcontractor" under this section if the work in question involves the performance of
construction work and is to be performed: (1) directly on or near the construction site, or
(2) by the employer for the specific project on a customized basis. Thus, a supplier of
materials which will become an integral part of the construction is a "subcontractor if the
supplier fabricates or assembles the goods or materials in question specifically for the
construction project and the work involved may be said to be construction activity. If the
goods or materials in question are ordinarily sold to other customers from regular
inventory, the supplier is not a "subcontractor." The requirements of this section do not
apply to contracts or subcontracts for the purchase of supplies or materials or articles
normally available on the open market.
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NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal
Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C.0 3801 et = . and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the
Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C.0 5307, the Government
reserves the right to impose the penalties of 18 U.S.C.0 1001 and 49 U.S.C.0 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
TERMINATION
49 U.S.C.Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The City of Fort Collins may
terminate this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including contract
close-out costs, and profit on work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City of Fort Collins to be paid the Contractor. If the
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Contractor has any property in its possession belonging to the City of Fort Collins, the
Contractor will account for the same, and dispose of it in the manner the City of Fort Collins
directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may
terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Fort Collins that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond
the control of the Contractor, the City of Fort Collins, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion
may, in the case of a termination for breach or default, allow the Contractor ten (10) days in
which to cure the defect. In such case, the notice of termination will state the time period in
which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins's satisfaction the breach or default or any
of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by
Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or
default, the City of Fort Collins shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate to
preclude the City of Fort Collins from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to
waive its remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies
for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Not applicable
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins
may terminate this contract for default. The City of Fort Collins shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
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g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of this
contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of
default. The Contractor will only be paid the contract price for services performed in accordance
with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the City of Fort Collins, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins shall
agree on payment for the preservation and protection of goods. Failure to agree on an amount
will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the City of Fort Collins.
h. Not applicable
i. Not applicable
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR
Part 29
Executive Order 12549
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant
is providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the City of Fort Collins may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the City of
Fort Collins if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered
transaction," :"participant," "persons," 'lower tier covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29). You
may contact the City of Fort Collins for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized in writing
by the City of Fort Collins.
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6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous, A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the Non -
procurement List issued by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction,
in addition to all remedies available to the Federal Government, the City of Fort Collins may
pursue available remedies including suspension and/or debarment.
"Certification Regarding Debarment Suspension Lower Tier Covered
Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or
proposal, that neither it nor its "principals" [as defined at 49 C.F.R.O 29.105(p)] is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those
files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts. The Federal Privacy Act requirements flow down to each
third party contractor and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its employees with,
the information restrictions and other applicable requirements of the Privacy Act of 1974, 5
U.S.C.O 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Federal Government. The Contractor understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those
individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
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(2) The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C.0 623, 42 U.S.C.0 2000
42 U.S.C.0 6102, 42 U.S.C.0 12112
42 U.S.C.0 12132, 49 U.S.C.0 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C.0 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 0
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.0 12132, and Federal
transit law at 49 U.S.C.0 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age,
or disability. In addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed,.National Origin, Sex - In accordance with Title VI I of the Civil Rights
Act, as amended, 42 U.S.C.0 2000e, and Federal transit laws at 49 U.S.C.0 5332, the
Contractor agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = .,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal
Employment Opportunity," 42 U.S.C.0 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C.0 623 and Federal transit law at 49 U.S.C.0 5332, the Contractor
agrees to refrain from discrimination against present and prospective employees for reason of
age. In addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C.0 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29
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C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18
FTA Circular 4220.1 D
Pick applicable clause:
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of the City
of Fort Collins's Director of Purchasing and Risk Management (Director). The decision of the
Director shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by the City of Fort Collins,
Contractor shall continue performance under this Contract while matters in dispute are being
resolved.
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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, according to the following schedule:
$ 0.0025 per gallon for Markup and $ 0.0264 per gallon for Delivery of Unleaded Gasoline
$ 0.0025 per gallon for Markup and $ 0.0299 per gallon for Delivery of Premium Diesel Fuel
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.
S. 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.
IR. 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
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.
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;
2
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefore shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City of Fort Collins and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the City of Fort Collins is
located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Not applicable
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part
23 apply to this agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409
CFR Part 23, have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this Agreement. In
this regard, all grantees and vendors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to
match projected procurements with available qualified disadvantaged businesses. the City of
Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for
Disadvantaged Business Enterprises have been established by the City of Fort Collins as set
forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and
amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is
considered pertinent to any contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special
11
Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and
good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the
Contractor noncompliant and in breach of contract. If a goal is not stated in the Special
Specifications, it will be understood that no specific goal is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort
Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as
amended in Section 106(c) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987, shall have the maximum opportunity to participate in the
performance of Contract financed in whole or in part with federal funds under this
Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section
106(c) of the STURAA of 1987, apply to this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of
the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Agreement. In this regard, the Contractor shall take all
necessary and reasonable steps in accordance with the regulations to ensure that DBEs have
the maximum opportunity to compete for and perform subcontracts. The Contractor shall not
discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in
the award and performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all
phases of the City of Fort Collins procurement activities are encouraged.
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that
disadvantaged businesses have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with federal
funds provided under the Agreement. In that regard, all Contractors and subcontractors
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as
amended, to ensure that minority business enterprises have the maximum opportunity to
compete for and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and
good faith efforts to involve DBE's in the work provided, the City of Fort Collins may
declare the contractor noncompliant and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following
performance of this contract to indicate compliance with the City of Fort Collins DBE
program. These records and documents will be made available at reasonable times and
places for inspection by any authorized representative of the City of Fort Collins and will
be submitted to the City of Fort Collins upon request.
(e) the City of Fort Collins will provide affirmative assistance as may be reasonable
and necessary to assist the prime contractor in implementing their programs for DBE
participation. The assistance may include the following upon request:
Identification of qualified DBE
Available listing of Minority Assistance Agencies
Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
12
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more socially and economically
disadvantaged individuals; and
ii. Whose management and daily business operations are controlled by one or
more of the socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the
case of any publicly owned business, at least 51 % of the stock of which is owned by
one or more women individuals; and
iv. Whose management and daily business operations are controlled by one or
more women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B - (Section 106(c)) Determinations of Business Size.
(c) "Socially and economically disadvantaged individuals" means those individuals who are
citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully
admitted permanent residents) and who are black Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other
minorities or individuals found to be disadvantaged by the Small Business Administration
pursuant to section 8(a) of the Small Business Act.
i. "Black Americans", which includes persons having origins in any of the Black
racial groups of Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba,
Central or South American, or other Spanish or Portuguese culture or origin, regardless
of race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos,
Aleuts, or Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from
Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa,
Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas;
V. "Asian -Indian Americans", which includes persons whose origins are from India,
Pakistan, and Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share
or part of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
13
No employee, officer, or agent of the grantee shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such
conflict would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner;
or an organization which employs, or is about to employ, has a financial or other interest
in the firm selected for award. The grantee's officers, employees, or agents shall neither
solicit nor accept gratuities, favors or anything of monetary value from contractors,
potential contractors, or parties of sub -agreements.
14
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C.0 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.] 1 (�
The Contractor, �CGtM 01 W certifies or affirms the
Truthfulness and accuracy ol each statement of its certification and disclosure, if any. In
addition the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., a 1 lKs certi ' tion and disclosure, if any.
Signature of Contractor's Authorized Official
�r( ,012 tk� Name and Title of Contractor's Authorized Official
la-3D-C3 Date
15
Jan-09-04 03:27P Assoc Insurance 303 674 8819
P.O1
A ORD„ CERTIFICATE OF LIABILITY
INSURANCE DAT(E(OMzOO4 )
PRODUCER 303 674 8685/ FAX 674 8819
THIS CERTIFICATE IS ISSUED AS A M TTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS U ON THE CERTIFICATE
ASSOCIATION INSURANCE
HOLDER. THIS CERTIFICATE DOES N T AMEND, EXTEND OR
P.O. BOX 68
ALTER THE COVERAGE AFFORDED B THE POLICIES BELOW.
COMPANIES AFFORDING _OVERAGE___
EVERGREEN, , CO 80437-0068
COMPANY A NATIONAL FIRE & MARINE INSURANCE COMPANY
INSURED
GRAY OIL COMPANY, INC.
COMPANY
B NATIONAL INDEMNITY INSURANCE COMPANY
804 DENVER AVE.
FORT LUPTON, CO 80621
COMPANY
C PINNACOL ASSURANCE
FAX: 303 857 1641
---_ - — --
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER
LTk
OLJCYEXPIRATIO
I PDATE(MMODNY) IOLICYEFFECTIVEPDA E(NWUDIW)N LIMITS
A
GENERAL
LIABILITY
72LP150304
03-01703-CI-04
GENERALAGGREGATE
$ 2000.000
X
COMMERCIAL GENERAL LIASIL ITY
PRODUCTS COMPA]PAGG
$ 2000,000
J CLAIMS MADE �X I OCCUR
PERSONALS AW INJURY
$ 1,000,000
OWNER'S S CONTRACTOR'S PROT
ACH OCCURRENCE
S 1,000.000
rFIREDAMAGE (AAy we Srel
f 50,000
ED EXPIomy a Breen
S 5,000
B
AUTOMOBILE
LIABILITY 170TRN237281
03-01-03
03-01-04
COMBINED SINGLE LIMIT
$ 1,000,000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
X
SCHEDULED AUTOS
(PH Person)
HIRED AUTOS
BODILY INJURY
NON-OWNEDAUTOS
(PIrecOeent)
$
X
MCS-90
�-
—
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
S
_.__. -..—.
ANY AUTO
OTHER THAN AUTO ONLY. .
�__.
EAgHACCIDENT
—
$
- —
AGGREGATE
$
EXCESS LIABILITY
FACH OCCURRENCE
$
UMBRELLA FORM
AGGREGATE _
$
OTHER THAN UMBRELLA FORM
- $
C
WORMERS COMPENSATION AND
1350372
02-01-04
02-01-05
X I TORY LIMI S II_ ER
EMPLOYERS' LIABILITY
-
EACH AGCII�ENT
- --' -
$ SOO,000
THE PROPRIETOR! I.—.....__.
( X INGL
[EL
L DISEASE - ROLICY LlM1T
__ __
$ 500,000...—
PARTNERSIEXECU7IVE
__OFFICERSARE:
EXCL
L DISEASE- AEMPLOYEE
$ 500,000
OTHER
B
AUTO PHYSICAL DAMAGE
70TRN237281
03-01-03
03-01-04
$1.000 DEC) SPECIAL PERILS
ACTUAL CASH VALUE
$1,000 DED COLLISION
DESCRIPTION OF OPERATIONSILOCA'nONSIVEHICLESISPECIAL ITEMS
PETROLEUM MARKETER. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED CUSTOMER, CERTIFICATE FAXED TO
HOLDER @ 970 2216707 AND INSURED @ 303 857 0758:
PAGE 1 OF 1.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLIrIES SE CANCELLED BEFORE THE
CITY OF FT. COLLINS
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN. JAN
10 GAYS WRITTEN NO TO THE CERTIFI(tATE HOLDER NAMED TO THE LEFT,
P.O BOX 580
BUT FAILURE TO H OTI ALL IYfO O BLI N OR LIABILITY
FT. COLLINS. GO 80522
OF ANY UP C MP TS O RE EBENTATIVES.
AUTHORIZED EPR
I
ACORD 25-8 11")
CORPORATION 7ea>t
I
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, 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.
17. Special Provisions Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of thirteen (13)
pages, attached hereto and incorporated herein by this reference.
3
I"
City Clerk
•
APPROVgp PTO FARM:
LSD
Assistant City Attorney
ATTEST:,
Co# orate Secretary
THE CITY F F RTnCOLLInNS,COLORADO
Joh i chbach, C' M ag r
By:
Jamey q. O'Neill II, CPPO, FNIGP
Direct of Purchasing & Risk Management
DATE: fo
GRAY OIL COMPAN"c.
By:
Tina Powell, Preside t
Date: ' y�
(Corporate Seal)
Exhibit A: Scope of Work
1.0 SCOPE
Service Provider supplies Unleaded and Premium Diesel fuels on a per gallon basis for the City
of Fort Collins' Transfort Facility, located at 6570 Portner Road, Fort Collins, Colorado.
2.0 QUANTITIES
Annual usage is an estimate of yearly volume and not a guarantee of total purchase amount.
ESTIMATED ANNUAL USAGE
Unleaded - 93,000 gallons
Premium Diesel - 234,000 gallons
FUEL STORAGE TANK CAPACITIES
Unleaded 2 - 10,000 gallon tanks
Diesel 1 - 20,000 gallon tank
3.0 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 Fleet Services.
Approved Terminals: Any specified in Service Provider's bid proposal
Terminal Price Report: The Service Provider shall supply the City with a terminal price report
along with any invoice faxed to Fleet Services. 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.
4.0 DELIVERY AND RESPONSE TIME
Drivers: No more than three drivers 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 haul fuel exclusively
and a shipping log or delivery record shall be available to the City Representative at each fuel
5
drop. The City shall have the right to inspect City -assigned trucks and trailers. The Service
Provider shall have the fittings required to hookup to the City's tite-fill drop tubes.
Delivery Time: Deliveries must be made within 48 hours after the order is placed. Shipments
must arrive at specified destinations between the hours of 8:00 A.M. and 3:30 P.M.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.
Delivery Procedures: Drivers must remain with the delivery vehicle during the off-loading of
fuel. Drivers must contain any fuel leaking from vehicle fittings, pumps, valves, etc. The Service
Provider shall be responsible for the cost of repairing damage or mitigating contamination
caused by such leaking fuel. If the driver observes fuel leaking from City -owned tanks or fuel
handling equipment, he/she must immediately cease, off-loading fuel and notify the City
Representative.
Emergencies: The Service Provider must be able to provide after hours service in the event of
an emergency (ie: fire, main break, power outage, etc.) If there is an emergency the Service
Provider must be able to deliver loads within four hours after the emergency order is placed.
Invoice: All deliveries, except emergency deliveries, must be accompanied by a "Bill of Lading"
from the fuel supplier in addition to a shipping log. It shall be the drivers 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.
5.0 QUALITY CONTROL
Fuel Specification: All fuel must be "branded" fuel, loaded from City -approved terminals. In
addition, all fuel must meet the technical specifications in Exhibit "D". All fuels must meet or
exceed ASTM and Federal specifications.
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.
Premium Diesel: The premium diesel fuel shall not contain more than .05 sulfur by weight. Any
load that tests over the limit shall be the responsibility of the Service Provider to remove from
Transfort premises at their cost. Transfort will not blend #1 and #2 diesel for cold weather use.
Ethanol: The unleaded gasoline must contain 10% ethanol from November 1st through
February 28th unless otherwise stated or required by law. Ethanol must be available two (2)
weeks prior to November 1.
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
0
event fuel does not meet all 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
(ie; diesel in unleaded tank, etc.) it will be the responsibility of the Service Provider to drain the
affected tank and refill correctly at the Service Provider's 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 at the Service
Provider's expense. The Service Provider shall follow all pertinent rules and regulations
governing such spills, and file all required reports. Clean-up of spills shall be expedited and
completed as soon as possible.
Problem Resolution: In the event of service or delivery 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 shall have one calendar month to remedy the problems. If such problems are not
remedied, the City may cancel the agreement with no penalty.
6.0 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. Mark-up shall include profit.
Invoices and terminal price reports shall be faxed to Fleet 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 With a duplicate sent to:
P.O. Box 580 City of Fort Collins - Transfort
Ft. Collins, CO 80522 PO Box 580
Fort Collins, CO 80522
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.
7
Exhibit C
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Buy America Requirements
Page 1
Energy Conservation Requirements
Page 1
Clean Water Requirements
Page 1
Lobbying
Page 2
Access to Records and Reports
Page 2
Federal Changes
Page 2
Clean Air
Page 2
Recycled Products
Page 2-3
Contract Work Hours and Safety Standards Act
Page 3-4
No Government Obligation to Third Parties
Page 4
Program Fraud and False or Fraudulent Statements
Page 4-5
Termination
Page 5-6
Governmentwide Debarment and Suspension (Non -procurement)
Page 6-7
Privacy Act
Page 7-8
Civil Rights Requirements
Page 8-9
Breaches and Dispute Resolution
Page 9
Disadvantaged Business Enterprise (DBE)
Page 9-12
Interests of Members of or Delegates to Congress
Page 12
Incorporation of Federal Transit
ATTACHMENTS:
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans,
and Cooperative Agreements 1 page
9