HomeMy WebLinkAboutRESPONSE - BID - 5829 TRANSFORT FUEL (2)DEC 05 2003 11:24 AM FR AGLAND INC 9703525680 TO 19702216707 P.05
The City shall pay the Service provider for the performance of this Contract, subject to additions and
deletions provided heroin, according to the following schedule:
$ per gallon for the Markup and Delivery of Unleaded Gasoline
S,LQ f&a. per gallon for the Markup and Delivery of Premium Diesel Fuel
IL City ReprosenistW*
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 Port Collins. The City shall not be responsible for withholding any
Portion Of Service, Provider's compensation hereunder for the payment of FICA, Worltmen's
Cornprensatl0n or Other taxes or benefits or for any other purpose.
8. Personal Services
it Is understood that the Ciry'enters into the Agreement based on the special abilities of the Service
Provider and that this Agreement shot be considered as an agreement for personal services.
Accordingly. the Service Provider shall neither assign arty responsibtites nor delegats any duties
arising under the Agreement without the prior written consent of the C ty.
9. Acceptance Not Waiver
The Clty'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 cut of performance of this Agreement
10. Warranty
Service Provider wamerrts that at 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 fat or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof.
12. Remtedles
In the event a party has been declared in default, such defaulting party shall be stowed 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. M the non-defoWfing party
commences legal or equitable actions against the defaulting party, the defaulting -
party shall be liable to the non- efoulting party for the non -defaulting party's
reasonable attorney fees and costs incurred because of the default.
13. Binding i^ifeet
This writing. together with the exhibits hereto, constitutes the entire agreement between the parties
and shalt 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
sold parties.
13
DEC 05 2003 11:24 AM FR AGLAND INC 9703525690 TO 19702216707 P.06
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 CorWmm. an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal oo, ib act. the making of any Federal grant the making
of any Fed" loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of arty Federal contract, grant, loan, or cooperative agreement_
(?) 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
offk er or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, load, or cooperative sgreement, 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,
at ce9 J]
(3) The undersigned shell require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, end oontracts under
grants, Icons, and cooperative agreements) and that all sub -recipients shall Certify and disclose
accordingly. This certification is a material representation of fact upon which reeNence 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.? 1352 (as amended bythe 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 fallure_
[Note: Pursuant to 31 U.S.C.1352(c)(1) (2)(A} any person who makes a prohibited expenditure or
falls to file or amend a required certification or disclosure form shall be subject to a eivl penalty of
not less than $10.000 and not m than $100,000 for each such expenditure or falurej
The Contractor. (,, certifies or affirms the
Truthfulness an'of each statement of its certificatkm and disclosure, if any. In addition, the
r nds and agrees that the provisions of 31 U_S.C. A 3801, at seq.. apply to this
Is sure, if any.
Signature of Contractor's Authorized Official
na,
Name and Mille of Contractor's Authorized Official
/A Date
13
** TATAI PArF_AR **
DEC 05 2003 11:23 AM FR AGLAND INC
97035256eO TO 19702216707 P.02
BID PROPOSAL FORM
BID 96829
A. MARK UP: Including profit, all federal, state, and local charges:
UNLEADED: $__Loogalkm
PREMIUM DIESEL: $�/gallon
B. DELIVERY CHARGE: For delivery to Transfort,
UNLEADED:
PREMIUM DIESEL:
$ ," /gallon
$ .D3D3_Igsllon
C. LIST OF TMMINALS, Currently used to load fuel from, including name and location of
tarrninal:
t. 1.f^! —
• a • .
•�
�y
(Attach an extra sheet of paper, if needed.)
E. DELIVERY:
t. Do you own your own fuel -hauling trucks and trailers? _Xyes no
a. Attach a list of the trucksitrailers which would he assigned to haul fuel to the City, including
the make, model, capacity and year.
2. WIN these trucks and trailers be used for fuel hauling exclusively? X yes —no
3. Can you respond to emergencies, and delver on a four-hour basis. 24-hours a day? 4 yes
_no
4. Is there and extra charge for such emergency services: $ a/gallon
Sign �
Title:
Company:
Date: , 03
Street: o ox 31
Phone #: (no — ys- 33,71
City/State/Zip:
Fax #: Clio �- 3S2 -� .i� 80
11
DEC 05 2003 11:23 AM FR AGLAND INC 9703525680 TO 19702216707 P.03
190 KfntvoeA `Tractor
alb K1 n v;--tf+ %focho r-
DEC 05 2003 11:24 AM FR RGLAND INC 9703525660 TO 19702216707
I
Exhibit & Sampts SERVICES AGRXEMENT
TRANSFORT FUEL SUPPLIER
THIS AGREEMENT made and entered into the day and year set forth below by and between THE
CITY COLLINS. COLORADO, a Municipal Corporation. hereinafter referred toas the "Gl"ty'
and . 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 services in accordance with the scope of services attached
hereto as Exhibit"A", consisting of -41- Cl&o pages, and incorporated herein by this reference.
2. Contract Period
This Agreement shall commence January 1, 2004, and shall continue to full force and effect until
December 31, 2004, unless sooner terminated as heroin 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/Nodce
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 680
Fort Collins, CO 80521
Service Provider:
AR/4h'dTh G .
' O-Bd)r 37
but frh f 404 ?06t14.
In the eventof early termination by the City, the Service Provider shall be paid forservicas 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 Providers sole right and
remedy for such termination.
5. Contract Sum
12
DEC 05 2003 11:24 AM FIR AGLAND INC 9703525680 TO 19702216707 P.05
The City shall pay the Service provider for the performance of this Contract, subject to additions and
deletions provided heroin, according to the following schedule:
$ per gallon for the Markup and Delivery of Unleaded Gasoline
$ per gallon for the Markup and Delivery of Premium Diesel Fuel
6. City Representative
The City will designate, prior to oommancement of the work Its representative who shall make,
within the scope of his or her authority, all neoessary and proper decisions with reference to the
services provided under this agreement. All requests concerning this agreement shall be directed to
the City Representative.
T. Independent Sarvico 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 Port 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 benafrls or for any other purpose.
8. Personal Services
It is understood that the City'anters 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.
Accordingty, the Service Provider shall neither assign any responsibilities nor delegate any dudes
arising under the Agroarnent without the prior written consent of the City.
9. Acceptance Not Waiver
The Cltys approval or acceptance of, or payment for any of the services shalt 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 parfomnance of If" Agreement
10. Warranty
Service Provider warrants that all work performed hereunder shall be performed with the highest
degree of competence and cars 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 fall or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof.
1Z Remediee
In the event a party has been declared in default, such defaulting party shall be slowed a period of
ten (10) days whin which to cure said default. In the event the defaultt remains uncorrected, the
Fatty declaring default may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require speck performance; or
c. Avail himsW of any other remedy at law or equity. If the non-defautng party
commences legal or equitable actions against the defaulting party, the defaulting -
party shall be liable to the non -defaulting party for the none -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.
13
DEC 05 2003 11:24 AM FR AGLAND INC 9703525680 TO 19702216707 P.06
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 Qdkrerw tg or attempting to Influence an officer or employee of an agency. a
Member of Congress, an ofticer or employee of Congress, or an employee of a Memberof Congress
in connection with the awarding of any Federal contract, the making of any Federal grans, the making
of any Federal ban, 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) ff any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an otficar or employse of any agency, a Member dd Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grand, loam, or cooperative agreement, the undersigned shall complete and submit
Standard Form—I.I.L. "lDisalosure Form to Report Lobbying' in accordance with ins instructions
[as amended by "Government wife Guidance for New Restrictions on Lobbying," 61 Fed. Rog.
1413 (1119196). Note: Language in paragraph (2) herein has been modified in accordance with
Seetion 10 of the Lobbying Disclosure Act of 1995 (P.L 104-M, to be coded at 2 U.S.C_ 1601,
of seq A
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at an tiers (including subcontracts, sub -grants, and oonlraets under
grants, bans. and cooperative agreements) and that all sub-rscipients 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 cc. tficatIon is a prerequisite for
making or entering into this transaction Imposed by 31. U.S.C.41352 (as amended bythe Lobbying
Disclosure Act of 1996). Any person who fails to file the required certification shell 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.135Ac)(1)-(2)(AJ any person who makes a prohibited expenditure or
falls 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 m an $100,000 *reach such expenditure or fadure.]
The Contractor, ,� than
( . certifies or affirma the
Truthfulness an` � of each statement of its certification and disclosure, if any. In addition, the
Con nds and agrees that the provisions of 31 U.S.C. A 3801, of seq.• apply to this
Is ure, if any.
�-- Signature of Contrector'9 Authorized Official
4 Name and Tale of Contractors Authorized Official
low co ria'
^D.S-03 Date
13
** TOTAI PACF_RR **
DEC 05 2003 11:23 AM FR AGLAND INC 9703525680 TO 19702216707 P.03
199S Avfn&ao eA
0l OW K E A IV / 4-rfgGPo.,
DEC 05 2003 11:24 AM FIR AGLAND INC 9703525680 TO 19702216707
Exhibit A: Sample SERVICES AGREEMENT
TRANSPORT FUEL SUPPLIER
THIS AGREEMENT made and entered into the day and year set forth below by and between THE
CITY F COLUNS, COLORADO, a Municipal Corporation. hereinafter referred as the'City'
and . 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 Servioas
The Service Provider agrees to provide services in accordance with the scope of services attached
hereto as Exhibit "A", consisting of -.I— LAO 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 sconerterminated 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 to part from performing its obligations by unforeseeable
causes beyond its reasonable control and without Its fault or negligence, then the party so prevented
shag 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 nodoe
shag 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 80521
Service Provider.
Ptto
805C 37
bV C frh f �� �'Otiytis
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 Providers
obligations under this Agreement. Such payment shall be the Service Providers sole right and
remedy for such termination-
S
. Contract Sum
12
P.04