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HomeMy WebLinkAbout162-01 RESOLUTION• • RESOLUTION NO. 162-0 ] A RESOLUTION APPROVING A CONTRACT WITH MITCHELL OIL COMPANY, INC. TO PROVIDE A FUELING FACILITY AND GASOLINE AND DIESEL FUEL FOR CITY VEHICLES AND EQUIPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract with Mitchell Oil Company, Inc. to provide a fueling facility and gasoline and diesel fuel for city vehicles and equipment. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council authorizes the Mayor to sign such a contract with Mitchell Oil Company, Inc. PASSED and APPROVED this 4th day of December, 2001. APPROVED: By EATHER WOODRUFF, ty Clerk J/1 DAN COODY, Mad • NAME OF FILE: CROSS REFERENCE: Resolution No. 162-01 • 12/04/01 Resolution No. 162-01 12/04/01 Contract for Fleet Fuel Services with Mitchell Oil Company, Inc 10/10/01 Bid #01-54/Bid Information 12/04/01 Staff Review Form 12/06/01 Memo to W. A. Oestreich, Fleet Operations, from Heather Woodruff, City Clerk NOTES: REs. /62-01 CONTRACT FOR FLEET FUEL SERVICES ORIGINAL This Agreement is entered into on this 441 day of,hECEa,B 001 between the City of Fayetteville, hereinafter known as the "City" and Mitchell Oil Company, Inc., hereinafter known as the "Vendor." IN CONSIDERATION of the mutual covenants contained herein, the City and the Vendor agree as follows: City shall pay Vendor for services rendered as set forth in Vendor's Bid. Charges will be invoiced to City at the end of each of Vendor's monthly accounting periods based upon the Pricing Structure set forth in Vendor's Response to the City's Request For Quotation submitted by Vendor on October 22, 2001 and incorporated herein by reference as if set forth in its entirety word for word. The charges invoiced to the City will be for product delivered by Vendor during the preceding accounting period. All invoices are due upon receipt and shall be paid by the City unless disputed within ten (10) days of their receipt. 2. The documents which comprise this contract between City and the Vendor consist of this contract and the following documents, which are incorporated herein by reference as if set forth in its entirety word for word: a. Bid form identified as INVITATION TO BID issued October 10, 2001 for fleet fuel services; b. Vendor's proposal and all supporting documents and correspondence submitted by the Vendor in response to INVITATION TO BID issued October 10, 2001. 3. Vendor shall furnish a certificate of insurance addressed to the City, showing that he carries the following insurance which shall be maintained throughout the term of the contract. Workers Compensation Statutory Amount Comprehensive General and Automobile Insurance Bodily Injury Liability $300,000/person injured. $500,000 for each accident. Property Damage Liability $250,000 for each accident. $500,000 aggregate f • 414.5. /6/-0/ 4. These contract documents shall remain in full force and effect for a term of one (1) year, after which they shall automatically renew for five (5) additional one (1) year terms, unless the parties by mutual agreement, choose to amend or terminate the agreement prior to the expiration of the then current term. 5. Vendor agrees to make available all records related to Vendor's performance under this contract for review by the City and City auditors as requested. Vendor agrees to comply with the Arkansas Freedom of Information Act as applicable. 6. Nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 7. All notices required or permitted under this agreement shall be submitted in writing to the other party in this agreement by certified mail, return receipt requested, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Dan Coody, Mayor 113 West Mountain St. Fayetteville, AR 72701 Mitchell Oil Company, Inc. Stanley Rogers, President 1832 S. School Fayetteville, AR 72701 8. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other. Nor shall this agreement be construed to bestow any rights or benefits upon anyone other than the Vendor and the City. 9. The parties agree and understand that this Agreement is exclusive of any and all other agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agre ments. 10. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of any other breaches by either party. 11. These contract documents constitute the entire understanding of the parties, and no modification or variation of the terms of these agreements shall be valid unless made in writing and signed by the duly authorized agents of the City and the Vendor. 2 • • 12. Each paragraph of these contract documents is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect 13. These contract documents shall be interpreted according to and enforced under the laws of the State of Arkansas. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Mitchell Oil Company, Inc. Staley Ro ers, President 3 City of Fayetteville Daft Coody, Mayor Attested By: 1 11.4 .b/ 4 eather Woodruff,City` Jf/3Adi 1 • F estei. LEJ CITY OF FA FAYErIEV1LLE Vin Nificetaila z o Fayetteville, AR 72701 FLEET OPERATIONS 501-444-3494 INVITATION TO BID BID #: 01-54 DATE ISSUED: October 10, 2001 DATE & TIME OF OPENING: October 22, 2001 - 11:00 A.M. BUYER: Peggy Vice, Purchasing Manager, Room 306 - (501) 575-8289 DATE REQUIRED: As Listed below. F.O.B.: Fayetteville, AR ITEM: DESCRIPTION: QTY. * PRICE: PER ATTACHED SCHEDULE EXECUTION OF BID - Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal, including terms and standard conditions, and pertinent information regarding the article being bid on. Unsigned bids will be rejected. *NAME OF FIRM: \-kkult (2' 69 I , *BUSINESS ADDRESS: Ig 3 2 SC.kinA *CITY: c'C`"` *STATE: Ala— *ZIP: 7y- 0 3 *PHONE:ISD l) qi 2.- 2¢62 I *FAX: @:-D) (f 4 2- ' DNS *AUTHORIZED SIGNATURE: k. L-h� *TITLE: '9 21.S o swe— PLEASE NOTE: ALL ITEMS MARKED * ARE CONSIDERED MANDATORY REQUIREMENTS FOR CONSIDERATION OF BID. FAILURE TO COMPLETE THESE ITEMS MAY RESULT IN REJECTION OF BID. B n • • • THIS REQUEST FOR BID IS NOT TO BE CONSTRUED AS AN OFFER, A CONTRACT, OR A COMMITMENT OF ANY KIND; NOR DOES IT COMMIT THE CITY TO PAY ANY COSTS INCURRED BY THE BIDDER IN THE PREPARATION OF THIS BID. 1. All bids shall be submitted on forms provided by the City with the item bid and the bid number stated on the face of the sealed envelope. Bidders MUST provide the City with their bids signed by an employee or officer having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be bome by the bidder. 2. Bidders shall include all applicable local, state, and federal sales tax in this bid. The responsibility of payment shall remain with the successful bidder. Tax amount MUST show as a separate item. 3. Bids received after the date and time set for receiving bids will NOT be considered. The City will NOT be responsible for misdirected bids. Vendor should call the Purchasing Office at (501) 575- 8289 to insure receipt of their bid documents prior to opening date and time listed on the bid form. 4. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds. 5. Time is specifically made of the essence of this contract and failure to deliver on or before the time specified in the contract may subject the contractor to the payment of damages. 6. All bid prices shall be FOB Pump Locations. 7. Any exceptions to the requirements of the City of Fayetteville MUST be noted on the Bid Fomi. If products and/or components other than those described on this bid document are proposed, the bidder must include complete descriptive literature and technical specifications. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. BID # 01-54 BASIC PROPOSAL REQUIREMENTS ITEM #1 UNLEADED GASOLINE General Requirements are as follows for the fumishing of an accepted commercial grade of a minimum 87 octane gasoline. The approximate usage rate is 150,000 Gallons annually. Fuel is to be provided at a readily accessible location within the City Limits of the City of Fayetteville which will allow unattended fueling on a 24 hour per day, 7 day per week basis. Dispensing of fuel shall be controlled in a manner which will allow the City of Fayetteville to utilize the currently issued fuel keys and Fuelpoint (Gasboy). Installation of the Gasboy Control Head and reader will be provided by the City. In addition, any required dedicated telephone service will be provided by the City. Maintenance costs of the Gasboy and related equipment shall be the responsibility of the City. Maintenance of the storage facility, tanks, and pumping equipment shall be the responsibility of the vendor. The fueling facility shall be • • properly lighted and secured to prevent any unauthorized use of fuel. The facility shall provide a traffic pattern which safely moves any/all types of motor vehicles currently operated by the City without the necessity of backing. An alternate fueling location shall be provided in the event of equipment failure to allow an uninterrupted supply of fuel. The altemate location shall be maintained in a manner consistent with the initial site. All storage tanks shall be tested on a regular basis for moisture content with test results provided to the City. Maintenance of an acceptable level shall be the responsibility of the vendor. Verification of fuel quality and conformance to Accepted Commercial Grade shall be provided to the City when requested. Responsibility to comply with all Federal, State and Local Requirements regarding the storage facility shall remain with the vendor without recourse to the City in the event of any violations. ALL PRICING IS TO BE PER GALLON 1. Base Price per Gallon• cn c, This shall be based on September 15, 2001 Verification Required 2. Source of Pricing Structure: an average for the period of through October', 2001. 3. Applicable Taxes: I 7 1 SO 4. Environmental Fees: 00 Zo 5. Handling Fees: , b a S O 6. Additional Fees: • °ZSD Explain: - I WplmQta Ma) 1tu Alk&a t VkTt •ii-ktizis, Total Price Per Gallon: 7. Primary Fueling Location: 73 t S • nicrioa_h rke-%- VA . 8. Altemate Fueling Location: tY DID' l c Ye..Lat., ALL UPGRADE OR DOWNGRADE VARIATIONS/DEVIATIONS FROM THE ABOVE LISTED REQUIREMENTS MUST BE CLEARLY ANNOTATED. IN THE ABSENCE OF SUCH STATEMENTS THE BID SHALL BE ACCEPTED AS IN 3 STRICT COMPLIANCE WITH ALL TERMS AND CONDITIONS AND THE SUPPLIER SHALL BE HELD LIABLE. ITEM #2 DYED DIESEL FUEL General Requirements are as follows for the fumishing of an accepted commercial grade of #2 Diesel Fuel. The approximate usage rate is 180,000 Gallons annually. Fuel is to be provided at a readily accessible location within the City Limits of the City of Fayetteville which will allow unattended fueling on a 24 hour per day, 7 day per week basis. Dispensing of fuel shall be controlled in a manner which will allow the City of Fayetteville to utilize the currently issued fuel keys and Fuelpoint (Gasboy). Installation of the Gasboy Control Head and reader will be provided by the City. In addition, any required dedicated telephone service will be provided by the City. Maintenance costs of the Gasboy and related equipment shall be the responsibility of the City. Maintenance of the storage facility, tanks, and pumping equipment shall be the responsibility of the vendor. The fueling facility shall be properly lighted and secured to prevent any unauthorized use of fuel. The facility shall provide a traffic pattern which safely moves any/all types of motor vehicles currently operated by the City without the necessity of backing. An altemate fueling location shall be provided in the event of equipment failure to allow an uninterrupted supply of fuel. The altemate location shall be maintained in a manner consistent with the initial site. All storage tanks shall be tested on a regular basis for moisture content with test results provided to the City. Maintenance of an acceptable level shall be the responsibility of the vendor. Verification of fuel quality and conformance to Accepted Commercial Grade shall be provided to the City when requested. Responsibility to comply with all Federal, State and Local Requirements regarding the storage facility shall remain with the vendor without recourse to the City in the event of any violations. ALL PRICING IS TO BE PER GALLON 1. Base Price per Gallon. ' 411 This shall be based on an average for the period of September 15, 2001 through October 1, 2001. Verification Required 2. Source of Pricing Structure: 3. Applicable Taxes:9._S c f 4. Environmental Fees: bb 'L0 5. Handling Fees: . CYLS 0 6. Additional Fees: 026 0 4 • • • Explain: gettu5 Mip i ' "„"idin&^C,2- Total Price Per Gallon: 7. Primary Fueling Location: 73( S. 2i^ -0 ruk- • 8. Altemate Fueling Location: (t"" It - ALL e - ALL UPGRADE OR DOWNGRADE VARIATIONS/DEVIATIONS FROM THE ABOVE LISTED REQUIREMENTS MUST BE CLEARLY ANNOTATED. IN THE ABSENCE OF SUCH STATEMENTS THE BID SHALL BE ACCEPTED AS IN STRICT COMPLIANCE WITH ALL TERMS AND CONDITIONS AND THE SUPPLIER SHALL BE HELD LIABLE. ITEM #3 DYED WINTER MIX DIESEL FUEL General Requirements are as follows for the fumishing of an accepted commercial grade of Dyed Winter Mix Diesel Fuel (75% #2 - 25% #1). The approximate usage rate is 50,000 Gallons annually. Time frame for the use of this fuel will be at the discretion of the City. Fuel is to be provided at a readily accessible location within the City Limits of the City of Fayetteville which will allow unattended fueling on a 24 hour per day, 7 day per week basis. Dispensing of fuel shall be controlled in a manner which will allow the City of Fayetteville to utilize the currently issued fuel keys and Fuelpoint (Gasboy). Installation of the Gasboy Control Head and reader will be provided by the City. In addition, any required dedicated telephone service will be provided by the City. Maintenance costs of the Gasboy and related equipment shall be the responsibility of the City. Maintenance of the storage facility, tanks, and pumping equipment shall be the responsibility of the vendor. The fueling facility shall be properly lighted and secured to prevent any unauthorized use of fuel. The facility shall provide a traffic pattern which safely moves any/all types of motor vehicles currently operated by the City without the necessity of backing. An altemate fueling location shall be provided in the event of equipment failure to allow an uninterrupted supply of fuel. The altemate location shall be maintained in a manner consistent with the initial site. All storage tanks shall be tested on a regular basis for moisture content with test results provided to the City. Maintenance of an acceptable level shall be the responsibility of the vendor. Verification of fuel quality and conformance to Accepted Commercial Grade shall be provided to the City when requested. Responsibility to comply with all Federal, State and Local Requirements regarding the storage facility shall remain with the vendor without recourse to the City in the event of any violations. 5 • • • ALL PRICING IS TO BE PER GALLON 1. Base Price per Gallon: 1 gab This shall be based on September 15, 2001 Verification Required 2. Source of Pricing Structure: 3. Applicable Taxes: 4. Environmental Fees: 5. Handling Fees: an average for the period of through October 1, 2001. S,o.L4.S Cjo2 v 0255o 6. Additional Fees: L Explain: <q t.t: f MLA Total Price Per Gallon: 7. Primary Fueling Location: o2a! v MCU( nChc1L L� (02%• 939( 73( S 2 2b k Pa 8. Altemate Fueling Location: (`lib'bi ALL UPGRADE OR DOWNGRADE VARIATIONS/DEVIATIONS FROM THE ABOVE LISTED REQUIREMENTS MUST BE CLEARLY ANNOTATED. IN THE ABSENCE OF SUCH STATEMENTS THE BID SHALL BE ACCEPTED AS IN STRICT COMPLIANCE WITH ALL TERMS AND CONDITIONS AND THE SUPPLIER SHALL BE HELD LIABLE. ITEM #4 ALTERNATE TO DYED WINTER MIX DIESEL FUEL General Requirements are as follows for the fumishing of an accepted commercial grade of an alternate to Dyed Winter Mix Diesel Fuel. This will consist of standard dyed #2 Fuel with an accepted additive to prevent gel and wax in weather below freezing. The approximate usage rate is 50,000 Gallons annually. Time frame for the use of this fuel will be at the discretion of the City. Fuel is to be provided at a readily accessible location within the City Limits of the City of Fayetteville which will allow unattended fueling on a 24 hour per day, 7 day 6 • • • per week basis. Dispensing of fuel shall be controlled in a manner which will allow the City of Fayetteville to utilize the currently issued fuel keys and Fuelpoint (Gasboy). Installation of the Gasboy Control Head and reader will be provided by the City. In addition, any required dedicated telephone service will be provided by the City. Maintenance costs of the Gasboy and related equipment shall be the responsibility of the City. Maintenance of the storage facility, tanks, and pumping equipment shall be the responsibility of the vendor. The fueling facility shall be properly lighted and secured to prevent any unauthorized use of fuel. The facility shall provide a traffic pattem which safely moves any/all types of motor vehicles currently operated by the City without the necessity of backing. An altemate fueling location shall be provided in the event of equipment failure to allow an uninterrupted supply of fuel. The altemate location shall be maintained in a manner consistent with the initial site. All storage tanks shall be tested on a regular basis for moisture content with test results provided to the City. Maintenance of an acceptable level shall be the responsibility of the vendor. Verification of fuel quality and conformance to Accepted Commercial Grade shall be provided to the City when requested. Responsibility to comply with all Federal, State and Local Requirements regarding the storage facility shall remain with the vendor without recourse to the City in the event of any violations. ALL PRICING IS TO BE PER GALLON 1. Base Price per Gallon: r P'7 This shall be based on an average for the period of September 15, 2001 through Octoberl, 2001. Verification Required 2. Source of Pricing Structure: 3. Applicable Taxes: 4. Environmental Fees: . b020 5. Handling Fees: 6. Additional Fees: Explain: ct1sc) e 1V> Total Price Per Gallon: 1,1-6 utie4- 7. Primary Fueling Location: 73 ( 5. Y Gsarzva- a- / 7 • 8. Altemate Fueling Location: • Myh; 1 -tri ALL UPGRADE OR DOWNGRADE VARIATIONS/DEVIATIONS FROM THE ABOVE LISTED REQUIREMENTS MUST BE CLEARLY ANNOTATED. IN THE ABSENCE OF SUCH STATEMENTS THE BID SHALL BE ACCEPTED AS IN STRICT COMPLIANCE WITH ALL TERMS AND CONDITIONS AND THE SUPPLIER SHALL BE HELD LIABLE. Altemates will be considered provided when each Supplier clearly states on the face of his proposal exactly the manner proposed to fumish the products required to comply with the needs of the City and forwards necessary descriptive material which clearly indicates the product/method proposed. All Bids are subject to Staff analysis. Fleet requirements, User Department/Division requirements, site location, site condition, service availability and support capabilities will be considered. Please direct all inquiries regarding this proposal to the City of Fayetteville, Attn: Fleet Operations Superintendent, 1525 S. Happy Hollow Road, Fayetteville, AR 72701, 501-444-3494. 8 1 7 • FAYET 1 EVILLE STAFF REVIEW FO AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 4, 2001 FROM: W.A.Oestreich Name ACTION REQUIRED: Fleet Operations Public Works Division Department A RESOLUTION APPROVING A CONTRACT TO PURCHASE GASOLINE AND DIESEL FUEL FOR CITY OF FAYETTEVILLE VEHICLES AND EQUIPMENT AND TO PROVIDE A FUELING FACILITY. THE VENDOR IS MITCHELL OIL CO., INC., 1832 S. SCHOOL ST., FAYETTEVILLE, AR 72701, VENDOR #7900 (MAILING ADDRESS: P.C. BOX 1466, FAYETTEVILLE, AR., 72702 COST TO CITY: $ AS REQUIRED Cast of this Request 9700-1910-5213.00 9700-1910-5213.01 Account Number ' N/A . Project Number $ AS APPROVED Category/Project Budget $ 0.00 Funds Used To Date $ 0.00 Remaining Balance NOT APPLICABLE Category/Project Name Vehicle Maintenance Program Name Shop Fund BU ' ET • EVIEW: `Irl n XX Budgeted Item BudJget Adjustment Attached it jj //ATA3<264460A 2 m2) Admi$$issative Services rDirector CONTRACTIGRANT/LEASE REVIEW: STAFF RECOMMENDATION ///7io1 Dale GRANTING AGENCY: Date Date Date Approval of Contract as listed above and attached hereto. Division 13 .`� Depenm Director Adminces Director it/ 0 Mayor Date Date Date Cross Reference New Item: Yes No Prev Ord/Res ft: Ong Contract Date: s F FAYETTEVA,LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: W. A. Oestreich, Fleet Operations From: Heather Woodruff, City Clerk Date: December 6, 2001 Please find attached a copy of Resolution No. 162-01 approving a contract with Mitchell Oil Company, Inc. to provide a fueling facility and gasoline and diesel fuel for City vehicles and equipment. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 Update Document Reference RES Date 12042001 of Fayetteville Index Maintenance Action . Taken Brief Description MITCHELL OIL COMPANY, INC CONTRACT 23t ik Riff Ref 162 • 12/11/2001 9:27:18 Enter Keywords RES. 162-01 CONTRACT MITCHELL OIL COMPANY, INC. FUELING FACILITY GASOLINE bIESEL FUEL CITY VEHICLES EQUIPMENT File Reference # • MICROFILM Security Class • Expiration Date Date for Cont/Referred: Name Referred to Cmdl-Return CmdB-Retention Cmd5-Abstract Yes No Retention Type: **** Active *WWW Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.