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HomeMy WebLinkAbout204-09 RESOLUTIONRESOLUTION NO. 204-09 A RESOLUTION AWARDING BID #09-54 AND APPROVING A CONTRACT WITH FROST OIL COMPANY IN THE ESTIMATED ANNUAL AMOUNT OF $58,363.06 TO SUPPLY ENGINE OIL AND LUBRICANTS TO THE FLEET OPERATIONS DIVISION. 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 awards Bid #09-54 and approves a contract with Frost Oil Company in the estimated annual amount of $58,363.06 to supply engine oil and lubricants to the Fleet Operations Division. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 6th day of October, 2009. APPROVED: ATTEST: By By S15/14 40 Ca/41C SONDRA E. SMITH, City Clerk/Treasurer „„vamrrrr. � . 'Tete,- ._i. •. Ci\Z Y Ot •. •F Z.-0: ;A: :FAYETTEVILLE: il ;mac:, :s.? • as :9s.9RKANY %t tel':l �NcroN 01%22 ` Dennis Pratt / Barbara Olsen Submitted By City of Fayetteville Staff Review Form City Council Agenda Mems and Contracts, Leases or Agreements 10/6/2009 City Council Meeting Date Agenda Items Only Fleet Operations Division Action Required: Transportation Department A resolution awarding Bid 09-54 to Frost Oil Company of Fayetteville, AR and approval of an annual contract to supply engine oil and lubricants for the Fleet Operations Division. 58,363.00 Cost of this request 9700.1910.5214.00 Account Number Project Number Budgeted Item X $ 3,060,068.00 Category / Project Budget 1,059,968.00 Funds Used to Date $ 2,000,100.00 Remaining Balance Budget Adjustment Attached Materials and Supplies Program Category / Project Name Fleet Operations Vehicle Mntc Program / Project Category Name Shop Fund Fund Name YM'- Departmerit Director 09 (Ak City Attorney •egal c1/4 Finance and Internal Services Director 7%0 Date 1) 6 Date Date Ma Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office 9E7 u Comments Revised January 15, 2009 e a e�..eVl�le FLEET OPERATIONS Y 1525 S. Happy Hollow Road ARKANSAS Fayetteville, AR 72701 (479) 444 3495 FAX (479) 444-3425 Interdepartmental Correspondence TO: MAYOR/CITY COUNCIL THRU: TERRY GULLEY, DIRECTOR OF TRANSPORTATION FROM: DENNIS PRATT, FLEET OPERATIONS SUFerTI DATE: SEPTEMBER 9, 2009 SUBJECT: Award Bid 09-54 for Oil & Lubricant Contract RECOMMENDATION: That City Council award Bid 09-54 to Frost Oil Company of Fayetteville, AR and approve a contract to supply engine oil and lubricants for the Fleet Operations Division. BACKGROUND: Bid 09-54 was opened on August 25, 2009 for an annual contract for Engine Oil and Lubricants as required by the Fleet Operations Division. The contract is for a period of one year with the option to renew for three additional one year periods. The contractor will supply bulk storage and dispensing equipment. Five Bid responses were received. A detailed tabulation sheet is attached. The lowest bid from Frost Oil Company calls for a gasoline engine oil with which Fleet has no experience. The second lowest bid, also from Frost Oil, calls for an engine oil brand with which Fleet is very familiar as we have a long history of use of that product. For the small difference in price, it is not deemed worth risking engine damage. This second lowest bid meets all specifications. I recommend award of a contract to Frost Oil Company of Fayetteville. The bid amount for estimated annual quantities is $58,363.06. Funds are available for this purchase in 9700.1910.5214.00, line item for Parts, Oil, and Accessories in the Materials & Supplies category. RESOLUTION NO. A RESOLUTION AWARDING BID #09,54 AND APPROVING A CONTRACT WITH FROST OIL COMPANY IN THE ESTIMATED ANNUAL AMOUNT OF $58,363.06 TO SUPPLY ENGINE OIL AND LUBRICANTS TO THE FLEET OPERATIONS DIVISION. 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 awards Bid #09-54 and approves a contract with Frost Oil Company in the estimated annual amount of $58,363.06 to supply engine oil and lubricants to the Fleet Operations Division. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 6th day of October, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/Treasurer Frost ON Company -OPT 2 $ s 1; A $ 2 $ a A V $ r 8 5 0 $ d» $ _ i $ $ R o 3 <git i.. i# "'UHFT PRICE.'. E_ t- a a E alai Y t ; f2 t Q J seasgp S t 2 +� t a 5 $aRa3 i t d S t a 3 $3$ G g( t 2 E t$ ${N.;$1 t a t a o 3 I. Frost Oil Company -OPT 1 $ FE $ _€ a 8 » $ a $ $ € $ a $ o $< s ow a i 2 g a 58.78 k a N k a a $ a a t t 1 a t s t i g a k» a g€ a � a „!$ i S Anderson's Gas 6 Propane - OPT f Anderson's Gas 6 Propane - OPT 2 8 B M OII Company. Inc. UNIT PAIGE - TOTAL.'. UNIT PRICE.' . TOTAL -.._ UNIT.PRICENTOTAL.: Q VP.: A9 1 $ a » 8o R # A a 3 1 z$ a 1 R L„ a 1 s? a - B i St E 5382 1 tt f l• a_S t a i t ¢ z ma i t d g a 4 a m§gas t » i k e % l3 £ matt t; 2 t a g 1 t>$1 a 5 l F~ $$ !I »55 g g a aW S » 9 t $ 0 $ $ $ $ $p $ $ $ `a $'d a t„k a s $'do g tii • {{ d tS a° E »i t„t� m § a a S $ »a $ S.6 to>� o'1q »i ep 3.t$a •$� )»a L- 5328 P et RI OISE .std” a"I 4 w AO » ¢ 31 5 m Q. _ E » $ $ » B a gg� W $ - » " » A 3 R ., 8 1 $ .. R i 3 a 8-ta t„ a g $a»1a t;zit]$ 6 a 0a tt= s" a3 a 3 $aaaa s t a o $382 a is 4 o I e" a» am 1'a : •a» a Q .< tis 5 FA o k ry+ rwnu.,cn £ ' A E m 3 E .', 0 x .` A 3 a 2,71.'0,2o a 0 gg g (Gasoline service engine oil, API service class SM -GF -4 SAE grade 5w-30 BRAND I GRADE NAME 9y fie Z G. �; to N 5 BRAND/GRADE NAME AW Hydraulic Oil, ISO Grade 68 AW 0 LL fsl BRAND/GRADE NAME O 0CC £ 72 - c a> E 25 1- p < Lu z W 0 z101 g9 m in v 41 2 8 Y_y E C a 0 1 0 aye orn., , Cievi 1.e ty Division — Room 306 of Fayetteville, Arkansas 113 W. Mountain Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID INVITATION TO BID: BID 09-54, Oil and Lubricants DEADLINE: Tuesday, August 25, 2009 at 3:00 PM, Central Standard Time DELIVERY LOCATION: Room 306 –113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen a(�.ci.favetteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Thursday, August 06 2009 INVITATION TO BID BID 09-54, Oil and Lubricants No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled °Bid 09-54, Oil and Lubricants" with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to fumish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the ProposerBidder and City Purchasing Manager. Name of Firm: /%5/ /a/ C��'pzvi t / Contact Person: ,�ai hT f/e i Title: I8M& A/ger E -Mail: dio/7/, Pi/kir/4 �j�D//,fis Phone: 757-, ��� Jr Business Address: 71/ , J, tazoxiaci tate: I`lje Zip: 7,29Q/ City: Signature: City of Fayetteville, AR Bid 09-54, Oil and Lubricants Page 1 of 11 Date: ��—©7 evknahGeId� 744 /o * r City of Fayetteville Bid 09-54, Oil and Lubricants Bid Form - REVISED PER ADDENDUM 1 THIS INVITATION TO BID IS BASED ON THE NEED FOR AN ANNUAL CONTRACT FOR LUBRICATING OILS AND HYDRAULIC OILS, AS LISTED IN SPECIFICATIONS ATTACHED. HOWEVER, 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. These quantities are best faith estimates and not exact. F.O.B. Fleet Operations Division, Fayetteville, AR 72701 ITEM: DESCRIPTION: 1. Gasoline service engine oil, API service class SM—GF-4 SAE grade 5W-30 BULK DELIVERY — Price per gallon 1,000 QUART CONTAINER — Price per quart 240 QUANTITY: *UNIT PRICE: *TOTAL PRICE Please Specify: BRAND: the Von DO $ 70 $7670, $_849_ $ 597,12 GRADE NAME: (�t�pernl, 513 Kl L 3(J 2. Diesel service engine oil, API service class Cj4, SAE grade 15W-40 BULK DELIVERY — Price per gallon 2,000 QUART CONTAINER — Price per quart Please Specify: BRAND: 3. AW Hydraulic oil, ISO Grade 68 AW BULK DELIVERY — Price per gallon 5 GAL. CONTAINER — Price per gallon Please Specify: BRAND: 480 GRADE NAME: 1,200 50 GRADE NAME: 4. Tractor Hydraulic Fluid 55 GALLON DRUM — Price per gallon 550 5 GAL. CONTAINER — Price per gallon 60 Please Specify: BRAND: City of Fayetteville, Arkansas Bid 09:64, Addendum 1 Page 2 of 5 dodsig,/ GRADE NAME: $/3,fian $ ,/49912 /54) 90 $ tf 89 $ :9$ $_ y, eg, $ a9 eg /9id7y‘8 DO $116_$ 7 $-� $ 5. Automatic Transmission Fluid — MERCON V Automatic Transmission Fluid -TransSynd or Allison Approved Equal as 55 GALLON DRUM — Price per gallon Mercon V 6_742_ 55 Gallon Drum - Price per Gallon Transynd 5 GAL. CONTAINER - Price per gallon 5 Gal. Container - Price per Gallon CQUART CONTAINER - Price per quart Quart Container - Price per quart Please Specify:.S eeXtfifij BRAND: e 100 100 20 20 120 120 GRADE NAME: ,9a./ra,- 6. Multi-purpose Gear Lubricant — Grade 75W-90 Synthetic For Auto and Large Truck Differentials 55 Gallon DRUM — Price per gal 5 Gallon CONTAINER — Price per gal Please Specify: BRAND: fiDe.O 7. Multi -Purpose Grease — Lithium EP #2 120 POUND DRUM — Price per pound 5 GAL. CONTAINER — Price per pound 1 POUND CARTRIDGE — Price Each Please Specify: BRAND: City of Fayetteville, Arkansas Bid 0944, Addendum 1 Page 3 of 5 240 150 $ aV (5 $-'S" GRADE NAME: / ?773/1/ ( 1A 0 $ tgla //� $ Sv9, 74 75 $ �✓W sofa 240 $ $ 5/8 GRADE NAME: Tr- _ /O 11 IGH TO #h TF 90 240 ITEM: 8. DESCRIPTION: Miscellaneous Services (muss be provided) Engine Oil Sample Analysis Automatic Transmission Oil Sample Analysis Hydraulic Oil Sample Analysis Differential Sample Analysis Coolant Samples QUANTITY: 700 200 200 400 300 `UNIT PRICE: *TOTAL PRICE Samples must come pre/paid and be able to be tracked using a web site based program with graphs on current and past samples. Notification of problem samples must be emailed or faxed to the City. Infra- Red testing to determine the condition of the oil additive package, ICP analysis to determine part wear rates and component conditions, Physical and chemical testing to measure water and fuel dilution, carbon build up ,silica dirt ,soot levels and measure viscosity these test must be made and measured. TOTAL BID PRICE: 9. Other Charges 55 Gallon Drum Deposit (Refundable) Option to purchase dispensing equipment Par. 2.5 30 1 Items 1 through 9 will be awarded to a single vendor - all or none. Please total extended quantity prices of items 1 through 8 to determine "Total Bid Price" for purposes of calculating lowest responsive bid. Listed quantities are estimates and not a guaranteed minimum purchase. Bids must be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. THIS FORM CONTINUES ON THE NEXT PAGE City of Fayetteville, Arkansas Bid 0954, Addendum 1 Page 4 of 5 EXECUTION OF BID - Bidders are requested to Indicate by check mark or "Yes/No" on each line of the Technical Specifications the compliance of the item bid. Actual specification of any deficient item must be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation must be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. The City of Fayetteville reserves the right to award the bid in its whole, by line item, or all rejection. Unsigned bids will be rejected. Itemsms�marked • are mandatory for consideration. /*NAME OF FIRM: 'O5/ 07 &nni/�%/f q Purchase Order/Pay is shall issued to this name *BUSINESS ADDRESS: 73/ 19 rhafil t y • �7 *CITY: tilyPiRldiP *STATE: Cj%? l`/ZIIPP: 9;17x/ *PHONE: g79 -5a1/ -5a44 L/FAX: 979- «4 - y�13 *E-MAIL: d/J ji?/ . Vi/7e�P//& 4'/.)q/Q'/, ah *BY: (PRINTED NAME) TM J Ai" / /P ',� *AUTHORIZED SIGNATURE: •l j� *TITLE: god, ' mpiiOger City of Fayetteville, Arkansas Bid 0946, Addendum 1 Page 5of5 City of Fayetteville Bid 09-54, Oil and Lubricants Detailed Specifications — Oil and Lubricants 1. GENERAL - 1.1 All product(s) bid must meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums unless otherwise noted. 1.3 Vendor must state brand name for all items listed on the pricing sheets. Vendor shall not substitute a different brand or grade without prior authorization from the City. 1.4 All products delivered must be sealed and bear trademark of manufacturer. Vendor must be a licensed re -packager for bulk and repackaged products. 1.5 All bulk delivery trucks must have Weights and Measures certified meters. Copies of current certificates must be provided. 1.6 The City staff shall be the sole judge of the sufficiency of quality of material. Vendor warrants, represents, and assures that the products and services to be provided shall conform in all respects to the requirements of the specifications and as designed will meet the functional and performance standards contained herein and will meet or exceed the representations contained in this bid. 1.7 Contract shall be for a term of one year from date of award. Contract may be extended for four additional one year terms upon mutual agreement of the City and the vendor. 1.8 Prices may be adjusted up or down upon presentation of documented price change from the lubricant manufacture applicable to all commercial users. Adjustment shall not exceed actual cost change to the vendor. Adjustments shall be limited to two changes and a maximum of five percent in any contract year. 1.9 Quantities listed are approximate anticipated annual requirements based on prior purchases. The City agrees to purchase its requirements of the listed products solely from the successful bidder, however no minimum purchase quantity is guaranteed. 1.10 Vendor agrees to sell products required for specific applications not listed in this bid from the same manufacturer at the same cost factor from published price lists. 1.11 The City reserves the right to secure from another source if needed product cannot be delivered within the specified time. 1.12 The City reserves the right to procure from other sources packaged oil and lubricant products not listed in this bid solicitation as deemed necessary to meet the needs of the City and for testing purposes. 2. DELIVERY, STORAGE AND DISPENSING EQUIPMENT 2.1 Products ordered under this contract shall be delivered F. O. B. to the Fleet Operations shop facility within 24 hours of receipt of order. 2.2 Vendor will fumish the following bulk storage and dispensing equipment at no charge to the City for the duration of the contract. a. V Three 250 gallon minimum ob-round storage tanks with floor stands b. V Three Balcrank 1130-005 or approved equal air operated pumps c. D Three Balcrank 2120-013 hose reel or approved equal d. V Two Balcrank 3331-001 60 quart preset meter or approved equal (15W40 lube oil and AW hydraulic oil) City of Fayetteville, AR Bid 09-54, Oil and Lubricants Page 8 of 11 e. !/ One Balcrank 3330-082 metered control handle (5W30 lube oil) f. Necessary filters, regulators, fittings and installation hardware. 2.3 Vendor will assemble dispensing equipment on site and provide necessary maintenance for the duration of the contract. The City will specify location of tanks and equipment provide one air line connection to the equipment, mount hose reels overhead and provide plumbing between oil pumps and hose reels. 2.4 Upon termination of contract, either by expiration of term, or by cancellation by either party for failure to perform or other reason, the City shall have the right to maintain possession of equipment until inventory is exhausted at normal rate of consumption. 2.5 Upon expiration of the third year contract renewal (fourth year of contract), the City will be granted the option to purchase above equipment at the price stated in Item 9. 3. ITEM 1— GASOLINE SERVICE ENGINE OIL 3.1 SAE Grade 5W 30EGF4 a. 4/ API service class& SPS b.—Y Motorcraft, Valvoline, Citgo Supergard, or approved equal c.� OEM approved for Ford, GM, Chrysler, Honda gasoline engines through current year model. 4. ITEM 2 —DIESEL SERVICE ENGINE OIL 4.1 SAE Grade 15W-40: a. V API service class CJ -4, Shell Rotella T, Citgo Citgard 600, or approved equal c.- V OEM approved for Ford, GM, Navistar, Mack, Cummins, Detroit, Caterpillar, John Deere, New Holland, Komatsu, Mercedes diesel engines through current year model. 4.2 OIL ANALYSIS PROGRAM: a. V Vendor shall provide engine oil sample analysis at no charge b. of Sample supplies and shipping shall be provided c. V Sample results shall be available via computer within 5 days of receipt by lab. d. r Oil analysis history, trend data, and management reports shall be available via mputer for each unit in the City's fleet. Sample analysis for non engine components shall be provided. Any additional cost shall be listed in Page 3, Item 8 and be included in the total bid price. 5. ITEM3 —ANTI -WEAR HYDRAULIC OIL 5.1 ISO Grade 68 AW a. Citgo A/W 68 or approved equal b. V Viscosity index minimum 95 ust meet Vickers M -2950-S, M -286-S; Denison HF- O. OEM approved for hydraulic equipment within the City's fleet including LaBrie, Leach, Heil, Bandit, Schwarze, Vickers, Parker (Commercial), and Dennison City of Fayetteville, AR Bid 09-54, Oil and Lubricants Page 9 of 11 pumps. 6 ITEM 4 — TRACTOR HYDRAULIC FLUID 6.1 Multifunction tractor hydraulic/transmission fluid: a. / Citgo Transgard Tractor Hydraulic Fluid; John Deere Quatro!, J20C; Ford NH M2C134D or approved equal b. d OEM approved for construction equipment and farm tractors manufactured by Case, Caterpillar, Ford, New Holland, John Deere, Komatsu, Kubota. 7. ITEM 5 —AUTOMATIC TRANSMISSION FLUID 7.1 Extended life automotive automatic transmission fluid: a. l� Transynd or approved equal for New World and Allison product line. b. r OEM approved for Ford MERCON, MERCON V, General Motors DEXRON III 8. ITEM 6—MULTI-PURPOSE GEAR LUBRICANT 8.1 Grade 75W-90 a. /CSynthetic b. // OEM approved for Ford, General Motors, Mack, Navistar International, Sterling, Caterpillar, Komatsu, Ford New Holland, and other major equipment represented in the City fleet. 9. ITEM 7—MULTI-PURPOSE GREASE 9.1 High Temp Lithium EP #2: a. /7/MYSTIK JT -6 High Temp Grease or approved equal b. v OEM approved for Ford, General Motors, Mack, Navistar International, Sterling, Caterpillar, Komatsu, Ford New Holland, and other major equipment represented in the City fleet. 10. WARRANTY 10.1 Vendor and product manufacturer shall warrant products to be suitable for use as specified within the City fleet and be financially responsible for any damage to fleet equipment due to lubricant failure or incompatibility with equipment manufacturer specifications. 10.2 Copies of manufacturer warranties on all products bid must accompany bid documents. 11. DELIVERY 11.1 All products furnished are to be delivered F.O.B. to the City's Fleet Operations facility, located at 1525 S. Happy Hollow Road, Fayetteville, Arkansas 72701. City of Fayetteville, AR Bid 09-54, Oil and Lubricants Page 10 of 11 Bid 09-54, Addendum 1 Date: Wednesday, August 19, 2009 To All Prospective Vendors ave:it:vi.ie ARKANSAS From: Andrea Foren, CPPB — 479.575.8220 — aforen(Tci.favetteville ar us RE: Bid 09-54, Oil and Lubricants This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. • Bid 09-54, has the following modifications and clarifications: 1) Page 8, Item 1.8 — General: Change to Read • Prices may be adjusted up or down upon presentation of documented price change from the lubricant manufacture applicable to all commercial users. Adjustment shall not exceed actual cost change to the vendor. Adjustments shall be limited to (2) two per contract year and no increase will be allowed for the first (6) months of this contract. 2) Page 8, Item 1.5 — General: Add the Following • The City will conduct its own measurements for quantity control. 3) Page 10, Item 4 — Tractor Hydraulic Fluid: Add the Following • 6.1 b. The oils listed have been up graded and do meet specs for the CJ -4 classification. 4) Page 10, Item 5 — Automatic Transmission Fluid: Change to Read • b. OEM approved for Ford MERCON, MERCON V 5) Page 10, Item 6 — Multi -Purpose Gear Lubricant: Add the Following • c. We are not requesting limited slip additive oil. 6) The bid form has been revised for this bid. All bidders shall submit bids with the bid form provided in this addendum. 7) There is no request needed for heavy duty transmission oil. City of Fayettevie, Arkansas Bid 0954, Addendum 1 Page 1 of 5 City of Fayetteville Bid 09-54, Oil and Lubricants Terms and Conditions 1. All bids shall be submitted in a sealed envelope and must be submitted on forms acquired by the vendor from the City of Fayetteville Purchasing website (www.accessfavetteville.orq). Bids with missing pages or missing any requested attachment will be deemed incomplete. 2. The item bid and the bid number shall be stated on the face of the sealed bid envelope. 3. Bids received after the date and time set for receiving bids will not be considered. 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. 5. The quantities listed are based on the needs of the City and availability of funds at the time bids are posted. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds or change in needs. 6. The bid price shall remain good and firm until project is completed. 7. All products delivered shall comply with applicable standards of quality. 8. Any exceptions to the specification requirements of the City of Fayetteville must be noted an the Bid Form. 9. Prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the furnishing of the items bid. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws will apply to this bid, but will not be considered in award of the bid. 10. Each bidder shall state on the face of the bid form the anticipated number of days from the date of receipt of an order for delivery of equipment and installation to the City of Fayetteville. Failure to deliver on or before the time specified in the contract may subject the contractor to payment of damages or other appropriate sanctions. 11. Copy of the warranty shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. Written warranties shall specify the greater of the manufacturer's standard warranty or the minimum warranty specified herein by the City. 12. Bidders must provide the City with their bids signed by an employee 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. 13. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 14. The 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 for any costs incurred by bidder in preparation of bid. City of Fayetteville, AR Bid 09-54, Oil and Lubricants Page 6 of 11 15. If products and/or components other than those described in this bid document are proposed, the bidder must include complete descriptive literature and technical specifications. All requests for additional information must be received within five working days following the request. Each apparent low bid will be reviewed line by line to ensure compliance with specifications prior to recommendation for award. 16. Bids must be received by mail or hand delivery in the Purchasing Office, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of the bid. 17. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (501) 575-8220 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 18. Items bid must be delivered FOB Fleet Operations Division, 1525 S. Happy Hollow Road, Fayetteville, AR 72701. Units must be fully assembled, serviced, and ready for operation as delivered unless otherwise specified. No dealer/distributor logo or other identification will be installed other than standard manufacturer name badges and specification plates. 19.Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. • City of Fayetteville, AR Bid 09-54: pil and Lubricants Page 7 of 11: CONTRACT This Contract executed this day of 2009 between the City of Fayetteville, Arkansas a municipal corporation and Frost Oil Company of Fayetteville. In consideration of the mutual covenants contained herein, the parties agree as follows: 1) Frost Oil Company of Fayetteville at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid #09-54. 2) The City of Fayetteville shall pay $58,363.00 for products based on City of Fayetteville specifications and prices indicated in Frost Oil Company of Fayetteville's bid proposal. Payments will be made by City purchasing card. Invoices and receipts will be delivered when product is delivered. 3) The Contract documents which comprise the contract between the City of Fayetteville and Frost Oil Company of Fayetteville consist of this Contract and the following documents attached hereto, and made a part hereof: a) Bid form identified as Invitation to Bid 09-54 with the specifications and conditions typed thereon. b) Frost Oil Company of Fayetteville's bid proposal. c) The Notice to Prospective Bidders and the Bid Tabulation. 4) These Contract documents constitute the entire agreement between the City of Fayetteville and Frost Oil Company of Fayetteville and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Frost Oil Company of Fayetteville. 5) Frost Oil Company of Fayetteville shall not delegate it's duties under the terms of this agreement. 6) Frost Oil Company of Fayetteville agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Frost Oil Company of Fayetteville's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7) Frost Oil Company of Fayetteville shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Frost Oil Company of Fayetteville shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Comprehensive General & Automobile Insurance Statutory Amount Bodily Injury Liability $250,000 for each person injured $500,000 for each accident Property Damage Liability $100,000 aggregate 8) The premiums for all insurance and the bond required herein shall be paid by Frost Oil Company of Fayetteville. 9) Frost Oil Company of Fayetteville to furnish proof of licensure as required by all local and state agencies. 10)This contract may be terminated by the City of Fayetteville or Frost Oil Company of Fayetteville with 10 days written notice. 11) 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, Frost Oil Company of Fayetteville 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. WITNESS our hands this day of 2009. ATTEST: SONDRA SMITH, City Clerk ATTEST: PRINTED NAME AND TITLE 731 S. Razorback Road Fayetteville, AR, 72701 BUSINESS ADDRESS CITY OF FAYETTEVILLE BY LIONELD JORDAN, Mayor FROST OIL COMPANY BY PRINTED NAME AND TITLE CONTRACT This Contract executed this / )- day of Q , 2009 between the City of Fayetteville, Arkansas a municipal corporation and Frost Oil Company of Fayetteville. In consideration of the mutual covenants contained herein, the parties agree as follows: 1) Frost Oil Company of Fayetteville at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid #09-54. 2) The City of Fayetteville shall pay $58,363.00 for products based on City of Fayetteville specifications and prices indicated in Frost Oil Company of Fayetteville's bid proposal. Payments will be made by City purchasing card. Invoices and receipts will be delivered when product is delivered. 3) The Contract documents which comprise the contract between the City of Fayetteville and Frost Oil Company of Fayetteville consist of this Contract and the following documents attached hereto, and made a part hereof: a) Bid form identified as Invitation to Bid 09-54 with the specifications and conditions typed thereon. b) Frost Oil Company of Fayetteville's bid proposal. c) The Notice to Prospective Bidders and the Bid Tabulation. 4) These Contract documents constitute the entire agreement between the City of Fayetteville and Frost Oil Company of Fayetteville and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Frost Oil Company of Fayetteville. 5) Frost Oil Company of Fayetteville shall not delegate it's duties under the terms of this agreement. 6) Frost Oil Company of Fayetteville agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Frost Oil Company of Fayetteville's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7) Frost Oil Company of Fayetteville shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Frost Oil Company of Fayetteville shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Comprehensive General & Automobile Insurance Statutory Amount Bodily Injury Liability $250,000 for each person injured $500,000 for each accident Property Damage Liability $100,000 aggregate 8) The premiums for all insurance and the bond required herein shall be paid by Frost Oil Company of Fayetteville. 9) Frost Oil Company of Fayetteville to furnish proof of licensure as required by all local and state agencies. 10)This contract may be terminated by the City of Fayetteville or Frost Oil Company of Fayetteville with 10 days written notice. 11) 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, Frost Oil Company of Fayetteville 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. WITNESS our hands this/)--rit day of 0c2e- , 2009. ATTEST: � Pc f9 SON RA SMITH, City Clerk ATTEST: G9ta-d 0,.e2.ar PitvgBA.g..,} awl B,ccMe,c Fig PRINTED NAME AW'D TITLE 731 S. Razorback Road Fayetteville, AR, 72701 BUSINESS ADDRESS CITY OF FA ETTEVILLE BY 5^nr ELD .10 AN, r?4€R �r QF � c :FAYETTEVILLE: FROST OI n MPANY BY :4 Cake., KA J2' (/(91'%%4e'/ //19 f/J0ye tip INTE NAME AND TITLE