HomeMy WebLinkAbout137-07 RESOLUTIONRESOLUTION NO. 137-07
A RESOLUTION TO APPROVE AN ANNUALLY RENEWABLE
CONTRACT WITH LITTLEFIELD OIL COMPANY PURSUANT TO BID #
07-46 IN THE APPROXIMATE ANNUAL AMOUNT OF $1,228,023.00
WHEREAS, the City Fleet Division bid out its annual fuel needs and received four
qualified bids; and
WHEREAS, the Littlefield Oil Company was the lowest qualified bidder with a total bid
of $1,228,022.90.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS•
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
awarding Bid # 07-46 to Littlefield Oil Company and approves the contract (attached as Exhibit
A) with Littlefield Oil Company in the approximate amount of $1,228,023.00 for fuel supplies
from September 2007 through August 2008. The budget impact is estimated to be $460,509.00
in fiscal 2007 and $767,514.00 in fiscal 2008.
PASSED and APPROVED this 7th day of August, 2007.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
`\0%%%% Ill! II I fl/,f
A.C)••Z,\TY O,e •L,p
•=U' '•�=
E ;FAY ETTEVILLE
0� cope:.
s ys.9'7fA14:
Op;%;GTON %%%
SONDRA E SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Ref: Bid 07-46, Fuel
Contract
This Agreement made and entered into by and between City of Fayetteville, Arkansas, 113 W. Mountain Street,
Fayetteville, AR, 72701 and Littlefield Oil Company and
WHEREAS, City of Fayetteville at its A j1M '7 2007 public meeting awarded the project
for Fuel and; Ar
WHEREAS Littlefield Oil Company and City of Fayetteville for the consideration hereinafter named, agree and
acknowledge that:
Littlefield Oil Company agrees to provide all the staff, facilities, materials, equipment and labor necessary to carry
out in good faith, the complete requirements of the project specified in strict conformity with all sections of the
Bid 07-46, hereinafter set forth, whose program services together with the Bid Submittal, the Advertisement for
Bids, Instructions to Proposers, General Conditions, Representations, this Agreement, and all addenda hereto,
shall form essential parts of this Agreement as if fully contained herein. LITTLEFIELD OIL COMPANY AGREES
TO PROVIDE PRODUCTS TO THE CITY OF FAYETTEVILLE AT THE LOWEST DELIVERED PRICE
AVAILABLE CALCULATED BY THE LOWEST RACK PRICE AVAILABLE FROM ALL CONTRACTED
SUPPLIERS AS OUTLINED IN PAR 6.2, b OF BID -07-46 PLUS FREIGHT AND MARKUP ALSO AS
SPECIFIED IN SUBJECT BID.
Littlefield Oil Company agrees to commence the project included in this Contract on a date to be specified in a
written Notice to Proceed and shall be fully completed within a period of (�
consecutive calendar days after the effective commencement date. AND CONTINUE FOR A PERIOD OF ONE
YEAR FROM SAID DATE CONTRACT MAY BE EXTENDED FOR FOUR ADDITIONAL ONE YEAR PERIODS
UPON WRITTEN MUTUAL AGREEMENT OF THE PARTIES — SUCH AGREEMENT NO LESS THAN 30 DAYS
NOR MORE THAN 60 DAYS PRIOR TO EXPIRATION OF EXISTING CONTRACT PERIOD.
City of Fayetteville agrees to pay Littlefield Oil Company in current funds, for the performance of this Contract in
accordance with the Bid 07-46 Submittal, attached.
City of Fayetteville and Littlefield Oil Company agree that Bid #07-46 , hereinafter set forth, whose services
together with the Bid Submittal, the Advertisement for Bids, Instructions to Proposers, General Conditions,
Representations, this Agreement, and all addenda hereto annexed, form the Contract and are as fully a part of
the Contract as if attached or herein repeated.
City of Fayetteville shall have two weeks from receipt of invoice approval by the Project Manager in which to pay
Littlefield Oil Company subject to any documentation requests by City of Fayetteville as necessary to allow City of
Fayetteville to evaluate the completeness and accuracy of monies due.
To the fullest extent permitted by laws, statutes, rules and regulations, Littlefield Oil Company shall indemnify and
hold harmless City of Fayetteville, and its Officers, Directors, Employees Agents, and other Consultants of each
and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all
fees and charges of engineers, architects, attomeys and other professionals and all court costs, arising out of or
resulting from performance of the Work, but only to the extent caused in whole or in part by acts or omissions of
Littlefield Oil Company its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by
them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss,
or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other
party or person for their own sole negligence. Such obligation shall not be construed to negate, abridge or
reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in
this Paragraph.
Littlefield Oil Company agrees to comply with the laws of the State of Arkansas. Notwithstanding statutory
exemptions or exclusions Littlefield Oil Company agrees to subject itself to the jurisdiction and process of the
Courts of Washington County, State of Arkansas as to all matters and disputes arising or to arise under this
Agreement and the performance thereof, including all issues relating to liability for taxes, licenses or fees levied
by the State. Littlefield Oil Company irrevocably consents that any legal action or proceeding against it under,
arising out of or in any manner relating to this Contract, shall be brought in any court in Washington County,
Arkansas.
Littlefield Oil Company hereby expressly and irrevocably waives any claim or defense in any said action or
proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis.
Littlefield Oil Company assumes sole responsibility for completion of the work undertaken pursuant to this
Agreement. City of Fayetteville shall consider Littlefield Oil Company the sole point of contact with regard to
contractual matters. Subcontracting of any part of the work or service contemplated by this Agreement may not
be entered in by Littlefield Oil Company without prior wntten approval by City of Fayetteville.
No assignment or transfer of this Agreement or any right accruing here under shall be made in whole or in part by
Littlefield Oil Company without the express written consent of City of Fayetteville.
Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, the contractor will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
25-19-101 et. Seq.). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for
this compliance.
Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract
shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the Fayetteville
City Council in advance of the change in scope, cost or fees.
A waiver by either party of any breach of the provisions hereof shall not be deemed a waiver of any succeeding
breach of such provision or any other provision of this Agreement. Should any term, provision or other part of
this Agreement be declared illegal or unenforceable, it shall be excised or modified to conform to the appropriate
laws or regulations, and the remainder of the Agreement shall not be affected but shall remain in full force and
effect.
The provisions, covenants, and conditions in this Agreement apply to and bind the parties, their legal heirs,
representatives, successors and assigns.
No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized
representatives of all parties hereto.
This Agreement constitutes the final and complete agreement and understanding between the parties regarding
the subject matter hereof. All prior and contemporaneous Agreements and understandings, whether oral or
written, are to be without effect in the construction of any provisions or term of this Agreement if they alter, vary or
contradict this Agreement.
Littlefield Oil Company and City of Fayetteville, their successors, executors, administrators and assigns hereby
agree to the full performance of the covenants herein contained.
WITNESS OUR HANDS THIS i (-I-k DAY OF
, 2007.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
BY
ATTEST.
BY &vt
Consultant Firm's Authorized Signature
BY tv'n Az*ct ia.,.a q J t
PRINTED NAME AND TITLE
ATTEST: CONSULTANT FIRM'S SECRETARY
AO,
34193 Ch.fPc-inAd01 L 2r SnrriN Ala /0108
BUSINESS ADDRESS
DAN COY, Mayor
S
•
David Bragg
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
7 -Aug -07
City Council Meeting Date
Fleet Operations
Division
Action Required:
a5
X17/07
/ft/Oita
13'7
/d/0T
Operations
Department
A resolution awarding Bid #07-46 to Littlefield Oil Company for a contract to purchase gasoline and diesel fuel for a
period of one year with an option to renew for four additional one year periods.
$1,228,023.00
Cost of this request
9700.1910.5213.00 and 5213.01
Account Number
Project Number
Budgeted Item
X
1,182,000.00
Category/Project Budget
475,967.00
Funds Used to Date
706,033.00
Remaining Balance
Budget Adjustment Attached
Gasoline and Diesel
Program Category / Project Name
Fleet Operations
Program / Project Category Name
Shop Fund
Fund Name
Department 'rector
City Attor
Finance and Internal Service Director
Mayor
Date
1-(3-Oi
Date
7- 17-67
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Received in Mayor's Office
Comments:
•
e grfrevl .
ARKANSAS
Interdepartmental Correspondence
FLEET OPERATIONS
1525 S. Happy Hollow Road
Fayetteville, AR 72701
To: Mayor/City Council
Thru: Gary Dumas, Director of Operations
From: David Bragg, Fleet Operations Superintendent
Date: July 10, 2007
Subject: Award of Annual Automotive Fuel Contract
RECOMMENDATION: That City Council approve a contract with Littlefield Oil Company for
purchase of gasoline and diesel fuel for a period of one year with an option to renew for four
additional one year periods.
BACKGROUND: Bud #07-46 was opened on June 21, 2007 for an annual contract to supply the
gasoline and diesel fuel requirements of the Fleet Operations Division and other divisions of the
City government. Five bid responses were received. A detailed tabulation sheet is attached
A thorough review and analysis of the bids was conducted by staff of Purchasing and Fleet
Operations divisions. Staff determined that the lowest bid from Littlefield Oil Company meets all
specifications and satisfied all requirements of responsiveness and ability to perform.
recommend acceptance of the bid from Littlefield Oil Company in the amount of $1,228,022.90.
This is the estimated amount for fuel over a 12 month period; however, the contract will run from
August 15, 2007 to August 14, 2008. Estimated purchases in fiscal 2007 are $460,508 63.
Funds are available for this purchase in Fleet Operations operating budget for the balance of
this year. The 2008 budget will have sufficient funds available for fuel purchases in 2008.
Award to the lowest responsive bidder as determined by Purchasing and Fleet staff was
approved by the Equipment Committee at the meeting of June 26, 2007.
RESOLUTION NO.
A RESOLUTION TO APPROVE AN ANNUALLY RENEWABLE
CONTRACT WITH LITTLEFIELD OIL COMPANY PURSUANT
TO BID #07-46 IN THE APPROXIMATE ANNUAL AMOUNT OF
$1,228,023.00
WHEREAS, the City Fleet Division bid out its annual fuel needs and received four
qualified bids; and
WHEREAS, the Littlefield Oil Company was the lowest qualified bidder with a total bid
of $1,228,022.90.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
awarding Bid #07-46 to Littlefield Oil Company and approves the Contract (attached as Exhibit
A) with Littlefield 011 Company in the approximate amount of $1,228,023.00 for fuel supplies
from September 2007 through August 2008. The budget impact is estimated to be $460,509.00
in fiscal 2007 and $767,514.00 in fiscal 2008.
PASSED and APPROVED this 7th day of August, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
:O3ld111213O
5 Petroleum Traders Corporation
4 Mid -South Sales
3 Littlefield Oil Company
104
I
,
4
stI
1 Frost 011 Company
CO
co
E
co
co
CO M
ca
co
k
9405,518.30
$398,879.50
■
§414
$
o
P
I
§
F.
§
f
2
a
k
k
k
7
§
8
s
§
cm
No Bid
k
;
$
8
k
8
co
40 ti•
t
$1,228,022.90
a
7111$111111171,239,173.75
3st
br k
1
1(8.14.07) Clarice Pearman - Res 137-07
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Bragg, David
8.14.07 4:40 PM
Res. 137-07
137-07 Littlefield Oil Company.pdf
CC: Audit
David:
Attached is a copy of the above resolution passed by City Council, August 7, 2007. I am forwarding to you via interoffice mail one
of two original agreements with Littlefield Oil Co. Please let me know if there anything else needed. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerkrrreasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearmanfZci.favetteville. ar. us
Page 1 I