HomeMy WebLinkAboutBID - 7327 FLEET FUEL 2012City of
Financial Services
Purchasing Division
215 N. Mason St. 2 Floor
6rt
C011ins
PO Box 580
Fort Collins, CO 80522
970.221.6775
Purchasing
970.221.6707
fcgov. corn/purchasing
INVITATION TO BID
7327 FLEET FUEL 2012
BID OPENING: 3:00 P.M. (our clock), February 1, 2012
The City of Fort Collins is requesting bids from firms for gasoline, E85 alternative fuel, and bio-
diesel fuel on a per gallon basis for a one year period, commencing on March 31, 2012 or earlier.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2 no Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), February 1,
2012.
Questions concerning the scope of the bid should be directed to Shane Armfield at (970) 221-6290
or sarmfield(@fcgov.com.
Questions regarding bid submittal or process should be directed to Jim Hume, CPPO, Senior Buyer
at (970) 221-6776 or ihume fcgov.com.
The City has an overall DBE goal of 9.9%. There is no specific contract goal for this project
but the City encourages bids from and the use of DBE firms in this project.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
7327 Fleet Fuel 2012 Page 1 of 26
Bid #7327, Exhibit A: 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.
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:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
Employers Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee.
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.
7327 Fleet Fuel 2012 Page 10 of 26
Bid #7327, Exhibit B: Sample
SERVICES AGREEMENT
Fleet Fuel
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 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 scope of services
attached hereto as Exhibit "A", consisting of *** (*) pages, and incorporated herein by this reference.
2. Contract Period
This Agreement shall commence ******, 2012, and shall continue in full force and effect until *****,
2013, 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 laterthan 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:
7327 Fleet Fuel 2012 Page 11 of 26
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
• E10 Unleaded: $ Markup $ Delivery charge
• E85 $ Markup $ Delivery charge
• Diesel B10 $ Markup $ Delivery charge
• Diesel B20 $ Markup $ Delivery charge
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 underthis 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 forwork 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.
7327 Fleet Fuel 2012 Page 12 of 26
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 "A", 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
7327 Fleet Fuel 2012 Page 13 of 26
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. Federal Requirements
Federal requirements attached as Exhibit "C", consisting of nine (9) pages and incorporated herein
by this reference, apply to this Agreement.
7327 Fleet Fuel 2012 Page 14 of 26
Sample Agreement, Exhibit A: Scope of Work
(will be inserted here)
7327 Fleet Fuel 2012 Page 15 of 26
Sample Agreement, Exhibit B: Insurance Requirements
(will be inserted here)
7327 Fleet Fuel 2012 Page 16 of 26
Sample Agreement, Exhibit C: Federal Requirements
Table of Contents
Federally Required and Other Model Contract Clauses
1.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................18
2.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS..........................................................................................................................................18
3.
ACCESS TO RECORDS AND REPORTS.........................................................................18
4.
FEDERAL CHANGES........................................................................................................19
5.
TERMINATION...................................................................................................................19
6.
CIVIL RIGHTS REQUIREMENTS.......................................................................................20
7.
DISADVANTAGED BUSINESS ENTERPRISE (DBE).......................................................21
8.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .............21
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT) .......21
10.
BUY AMERICA...................................................................................................................22
11.
BREACHES AND DISPUTE RESOLUTION......................................................................22
12.
LOBBYING.........................................................................................................................23
13.
CLEAN AIR.........................................................................................................................23
14.
CLEAN WATER REQUIREMENTS....................................................................................23
15.
ENERGY CONSERVATION REQUIREMENTS.................................................................24
16.
CITY OF FORT COLLINS BID PROTEST PROCEDURES...............................................24
7327 Fleet Fuel 2012 Page 17 of 26
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et seq. 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
contractor 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, orfraudulent 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. § 5307, the Government reserves the right to
impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the
extent the Federal Government deems appropriate.
3. ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this Contract:
A. 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
United 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.
B. 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.
C. 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
7327 Fleet Fuel 2012 Page 18 of 26
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).
4. 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 Master Agreement
between Purchaser and FTA, as they may be amended or promulgated from time to time during the
term of this contract. Contractor's failure comply shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience The City 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
to be paid the Contractor. If the Contractor has any property in its possession belonging to the City,
the Contractor will account for the same, and dispose of it in the manner the City directs.
b. Termination for Default 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 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 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, 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 The City in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor 15 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's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within fifteen (15) days after receipt by Contractor of
written notice from the City setting forth the nature of said breach or default, the City 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 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 elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
7327 Fleet Fuel 2012 Page 19 of 26
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or
is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after
the bid opening.
James B. O'Neill ll, CPPO, FNIGP
Director of Purchasing and Risk Management
7327 Fleet Fuel 2012 Page 2 of 26
6. CIVIL RIGHTS REQUIREMENTS
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. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 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 of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 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 sec., (which implement Executive Order No. 11246, "Equal Employment
Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 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. § § 623 and Federal transit law at 49 U.S.C. § 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. § 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
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.
7327 Fleet Fuel 2012 Page 20 of 26
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business
Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9%. A separate
contract goal has not been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor
to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as City of Fort Collins deems appropriate.
Each subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
(if no separate contract goal has been established, use the following) The successful
bidder/offeror will be required to report its DBE participation obtained through race -neutral
means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the City of Fort Collins. In addition, [is required to return any
retainage payments to those subcontractors within 30 days after incremental acceptance
of the subcontractor's work by the City of Fort Collins and contractor's receipt of the
partial retainage payment related to the subcontractor's work.]
e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may not terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of City of Fort
Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control
in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests
which would cause the City to be in violation of the FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
7327 Fleet Fuel 2012 Page 21 of 26
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by (insert agency
name). If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to (insert agency name), the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer
is valid and throughout the period of any contract that may arise from this offer.
10. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. 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 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America certification must be rejected
as nonresponsive. This requirement does not apply to lower tier subcontractors.
Appendix B: Buy America Certification
Attached to the end of the Federal Requirements section.
11. BREACHES AND DISPUTE RESOLUTION
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 City's [title of
employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of
receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of
employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to
be heard and to offer evidence in support of its position. The decision of the [title of employee] shall
be binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by .City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
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
7327 Fleet Fuel 2012 Page 22 of 26
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 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 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 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.
12. LOBBYING
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. § 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 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--CERTIFICATION REGARDING LOBBYING
Certificate attached at the end of the Federal Requirements section.
13. CLEAN AIR
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. §§ 7401 et seg. 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.
14. CLEAN WATER REQUIREMENTS
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 sea. 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.
7327 Fleet Fuel 2012 Page 23 of 26
15. ENERGY CONSERVATION REQUIREMENTS
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.
16. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from the
Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing(a)fcgov.com or calling 970-221-6775.
7327 Fleet Fuel 2012 Page 24 of 26
Appendix A: Certification for Contracts, Grants, Loans, and Cooperative Agreements per
49 CFR Part 20
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, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients 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. § 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.]
The Contractor, , certifies or affirms the truthfulness and accuracy of 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., apply to this certification and disclosure, if
any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
7327 Fleet Fuel 2012 Page 25 of 26
Appendix B: Certification requirement for procurement of steel, iron, or manufactured
products per 49 USC 53230)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)
and the applicable regulations in 49 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
7327 Fleet Fuel 2012 Page 26 of 26
CITY OF FORT COLLINS
BID PROPOSAL
BID # 7327
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR
FLEET FUEL, PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS:
GENERAL
The City of Fort Collins is soliciting vendors to supply gasoline, E85 alternative fuel, and bio-diesel
fuel on a per gallon basis for a one year period, commencing on March 31, 2012 or earlier.
FUEL QUANTITIES
Annual usage is an estimate of yearly volume, and not a guarantee of total purchase amount.
Actual fuel usage may be greater or lesser than the estimate.
Estimated Annual Usage:
Transport Loads
Tankwagon Loads
E10 Unleaded - 255,000 gallons
E10 Unleaded - 40,000 gallons
Bio-diesel - 184,000 gallons
Bio-diesel - 31,000 gallons
*E85 alt fuel - none
*E85 alt fuel - 41,000 gallons
*The City may be reducing the usage of E85 alternative fuel.
Fuel Storage Tank Capacities (in gallons):
Location
Unleaded
Bio-diesel
E85
Main Shop, 835 Wood St.
1 - 30,000
2 - 30,000
1 - 1,000
Park Shop, 413 South Bryan
1 - 560
1 - 500
Collindale, 3800 South Lemay
1 - 500
1 - 500
SouthRidge, 5750 South Lemay
1 - 560
1 - 500
Spring Canyon, 2626 W. Horsetooth Road
1 - 1,000
1 - 1000
1 - 1,000
Fossil Creek, 5821 South Lemay
1 - 500
1 - 500
1 - 1,000
Water Treatment Plant, 4316 LaPorte
1 - 500
Meadow Springs Ranch
1 - 300
1 - 750
Transfort, 6570 Portner Road
1 - 10,000
1 - 20,000
Police Services,
1 - 1,000
1 - 1,000
Notes:
At Transfort unleaded fuel will be ordered as a split Transport load with bio-diesel.
7327 Fleet Fuel 2012 Page 3 of 26
SPECIFICATIONS
1.0 FUEL SUPPLIED
Approved Terminals: The Contractor 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 Contractor
shall load all fuel for City use from these terminals only.
Should the Contractor 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 Contractor will load at the approved terminal with
the lowest rack price for the day. It is the Contractor's responsibility to select the terminal with the
lowest rack price. If the lowest rack price cannot be obtained, the Contractor must 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 Contractor's mark-up. No
separate charges on any invoice for State E.R.S. and Federal Superfund shall be allowed.
Terminal Price Report: The Contractor will supply the City with a terminal price report along with
any invoice faxed to equipment. This report must include, at a minimum, a complete listing of
approved terminal rack prices in effect at the time the invoiced fuel was ordered.
2.0 DELIVERY AND RESPONSE TIME
Drivers: The Contractor may assign no more than two drivers for Transport loads and two drivers
for Tankwagon loads to deliver fuel to the City. It is the Contractor's responsibility to ensure that all
drivers are properly trained and familiar with tank locations, quantities, etc.
Delivery Trucks and Trailers: The Contractor must assign specific trucks and trailers for City fuel
deliveries. Trucks and trailers which are used to deliver fuel to the City are to be used to haul fuel
exclusively and a shipping log or delivery record must be available to the City representative at
each fuel drop. The City has the right to inspect City -assigned truck/trailers. Delivery vehicles must
be equipped with 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 Contractor received the order before 11:00am.
Shipments must arrive at specified destinations between the hours of 8:00 A.M. and 3:30pm. for the
City of Fort Collins. A City representative must be present for all fuel deliveries at Wood Street. If
possible, a City representative should be present for Transfort and for Tankwagon 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 must be accommodated by the Contractor.
Emergencies: The Contractor 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 Contractor 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. The invoice must contain a starting and
stopping stick reading or a reading from the tank gauge along with the time of delivery. All
Transport loads must be accompanied by a "Bill of Lading" from the terminal where the fuel was
7327 Fleet Fuel 2012 Page 4 of 26
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. In the event the Contractor cannot provide fuel, the City will
try to obtain fuel from an alternate source.
Temporary Tanks: The City will occasionally 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 sometimes 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 Contractor 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: Contractor's delivery driver shall attach vapor recovery hose wherever possible.
3.0 QUALITY CONTROL
Fuel Specification: All fuel must be "branded" fuel, loaded from City -approved terminals. All fuel
must meet or exceed applicable ASTM and Federal specifications in effect at the time of delivery. It
is the Contractor'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 Contractor.
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 Contractor 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 Contractor will be responsible for clean-up of all spills, including all associated
costs. The Contractor must 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 Contractor, the City's representative will notify the Contractor in writing and schedule a meeting
to resolve the situation. The Contractor's representative and the City's representative shall agree
on a course of action and the Contractor will have one calendar month to remedy the problems. If
such problems are not remedied, the City may cancel the contract with no penalty.
7327 Fleet Fuel 2012 Page 5 of 26
4.0 INVOICING AND PAYMENTS
Required Information: The Contractor, on all invoices, must 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 contractor's the mark-up, and delivery charge. The
mark-up has to include profit, ERS charges, and Superfund charges.
Invoices and terminal price reports must 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. Send all City invoices to:
City of Fort Collins Accounting Department
P.O. Box 580
Ft. Collins, CO 80522
Send invoice and terminal price report to:
City of Fort Collins - Equipment Services, fax: 970-221-6857
or email to: sarmfield@fcgov.com
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.
5.0 BID SUBMITTAL
All bids submitted shall contain the following information:
1. Mark-up and delivery charges. All applicable federal/state/local charges, to include Superfund
and ERS charges shall be included in the vendor's mark-up.
2. A list of all terminals the vendor is qualified to load from, on the form provided.
3. A complete description of the vendor's rack price information system and a sample of the
vendor's proposed terminal price report.
4. The vendor's plan for delivering fuel to the City, including driver and truck assignments.
5. A description of the vendor's fuel hauling equipment.
6. The ability of the vendor to respond in the case of an emergency.
7. The availability of temporary tanks and on -site fueling.
8., Signed Vendor's statement.
Bidders shall not stipulate in their bid any conditions not contained in the specifications.
FAILURE TO SUBMIT ANY OF THE ABOVE REQUIREMENTS MAY DISQUALIFY YOUR BID.
7327 Fleet Fuel 2012 Page 6 of 26
6.0 BID AWARD
Award will be based on several factors. All of these factors are important to the City, and will be
considered in making the award:
1. Mark-up and delivery price, with preference given to low mark-up and delivery.
2. The ability of the vendor to obtain branded fuel from several acceptable Front Range sites.
3. The ability of the vendor to obtain and verify to the City the lowest branded fuel rack price.
4. The manner in which fuel is delivered to the City. The vendor must be able to assign specific
drivers and trucks to the City, and assure the City that only fuel is hauled in the trucks/trailers
delivering to the City. The vendor must also assure the City that all drivers servicing the City
shall be trained on the delivery procedures set by the City.
5. The ability of the vendor to respond in an emergency.
6. Priority will be given to those vendors who own their own fuel hauling equipment.
7. The availability of temporary tanks and on -site fueling.
7.0 CONTRACT REQUIREMENTS
A Services Agreement (sample attached as Exhibit B) will be sent to the awarded vendor. The
Agreement must be signed and returned, along with proof of insurance, within ten (10) working
days of notice of award.
The contract may be renewed per Agreement terms and conditions.
8.0 INSURANCE AND PERMITS
The awarded vendor must furnish proof of adequate levels of insurance to meet the City
requirements, as specified in the attached Exhibit A. Bidder must be properly licensed and secure
necessary permits wherever applicable.
7327 Fleet Fuel 2012 Page 7 of 26
BID PROPOSAL FORM
BID #7327 — FLEET FUEL 2012
A. MARK-UP - INCLUDE ALL FEDERAL/STATE/LOCAL CHARGES,
INCLUDING SUPERFUND AND ERS CHARGES.
Transport Loads
Tankwa on Loads
Unleaded Fuel, E10, per gallon
E85 alternative fuel, per gallon
N/A
Bio-diesel (B10), per gallon
Bio-diesel (B20), per gallon
B. DELIVERY CHARGE - TO DELIVER TO THE LOCATIONS LISTED IN SECTION 2.0:
Transport Loads
Tankwa on Loads
Unleaded Fuel, E10, per gallon
E85 alternative fuel, per gallon
N/A
Bio-diesel (B10), per gallon
Bio-diesel (1320), per gallon
C. LIST OF TERMINALS - CURRENTLY USED TO LOAD FUEL FROM -
PLEASE INCLUDE NAME AND LOCATION OF TERMINAL:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
7327 Fleet Fuel 2012 Page 8 of 26
D. DELIVERY:
1. Do you own your own fuel -hauling trucks and trailers?
yes no
2. Attach a list of the trucks/trailers which will be used to haul fuel, including the make, model,
capacity and year.
3. Will these trucks and trailers be used for fuel hauling exclusively?
yes no
4. Can you respond to emergencies, and deliver on a four-hour basis, 24-hours a day?
yes no
Is there an extra charge for this service? yes, /gallon no
10.0 VENDOR'S STATEMENT:
The undersigned hereby covenants and agrees that he is the only person interested in this
proposal, and that this proposal is made without collusion with any other person, firm or corporation;
that he has carefully examined the conditions under which the products must be furnished.
Furthermore, the undersigned hereby certifies that he/she is familiar and understands all
bid/contract provisions, and agrees to abide by those provisions, should the bid award be received.
The undersigned certifies that the prices quoted are EXCLUSIVE OF ANY FEDERAL, COUNTY OR
MUNICIPAL TAX, from which the City shall be exempt and that none will be added to any of the
prices for deliveries made on any contract executed hereunder.
We, the undersigned, agree to furnish fuel; in indefinite quantities to City -owned storage tanks,
transportation charges prepaid, at the prices set forth in the schedule above; all in accordance with
bid Specifications, to the City of Fort Collins for the duration of this contract.
Signature:
Title:
Print Name:
Company:
Date:
Street:
Phone #:
City:
Fax #:
State/Zip:
7327 Fleet Fuel 2012 Page 9 of 26