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HomeMy WebLinkAbout70-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 70-23 File Number: 2023-495 Petroleum Traders Corporation: A RESOLUTION TO AWARD BID #23-18 AND APPROVE A ONE YEAR CONTRACT WITH PETROLEUM TRADERS CORPORATION FOR BULK FUEL PURCHASES WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 #23-18 and approves a one year contract with Petroleum Traders Corporation for bulk fuel purchases for the prices set forth in the bid documents, copies of which are attached to this Resolution, with automatic renewals for up to four additional one year terms. PASSED and APPROVED on March 21, 2023 Page 1 Attest: CZ. .: • .� Kara Paxton, City Clerk T easurer Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-495 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/27/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution approving a contract between the City of Fayetteville and Petroleum Traders Corporation to provide gasoline and diesel fuel to the City per bid 23-18. Budget Impact: 9700.770.1910-5213.00 & 5213.01 Account Number Project Number Budgeted Item? Yes Total Amended Budget Expenses (Actual+Encum) Does item have a direct cost? Is a Budget Adjustment attached? Available Budget No Item Cost No Budget Adjustment Remaining Budget Shop Fund Fund Project Title $ 2,730,245.00 $ 142,953.71 2,587,291.29 �,- V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: Approval of Bulk Fuel Contract CITY COUNCIL MEMO 2023-495 RECOMMENDATION: That the City Council approve the Bulk Fuel Contract with Petroleum Traders Corporation to supply gasoline and diesel fuel per bid 23-18. BACKGROUND: The City of Fayetteville's current fuel contract with Petroleum Traders Corporation per resolution 91-18 is expiring April 3, 2023. A new contract needs to be in place to insure there is no lapse in fuel inventory. DISCUSSION: Bid 23-18 February 15, 2023 at 2:00 pm. Petroleum Traders Corporation was the low bidder, a bid tab sheet is attached. BUDGET/STAFF IMPACT: Fleet recommends that the Council approve the contract between City of Fayetteville and Petroleum Traders Corporation to supply fuel to the City per Bid 23-18. ATTACHMENTS: 2023-495 SRF Fuel Inventory, Bid 23-18, Bid Tab - AB and LM Signed, Bid 23-18, Submittal - Petroleum Traders Corporation - E, Signed Contract. Bid 23-18 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-495 Approval of Bulk Fuel Contract A RESOLUTION TO AWARD BID #23-18 AND APPROVE A ONE YEAR CONTRACT WITH PETROLEUM TRADERS CORPORATION FOR BULK FUEL PURCHASES WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 #23-18 and approves a one year contract with Petroleum Traders Corporation for bulk fuel purchases for the prices set forth in the bid documents, copies of which are attached to this Resolution, with automatic renewals for up to four additional one year terms. Page 1 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 23-18, Bulk Fuel DEADLINE: Wednesday, February 15, 2023 at 2:00 PM Total Petroleum Traders Corporation Mansfield Oil Company of Gainesville $1,313.20 $2,533.86 Line # Description QTY I UOM Unit Extended Unit Extended Schedule A (Full Tank Deliveries) $8.20 $978.60 1.1 #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 decimals) 6,000 Gallons 0.0033 $0.02511.2 $0.0163Schedule Unleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 decimals) 0,000 Gallons 0.0047 B (Bob -Tail Deliveries - No 300 Octane) J2,500 $1,305.00 $1,555.22.1 #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 Decimals) 1 Gallons 1 $0.451 I $g.451 $0.5346 $0.5469 2.2 jUnleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 Decimals) 400 1 Gallons NO I ICI: Bid award Is contingent upon vendor meeting minimum specifications and formal authorization by Clty O"itials. Amanda Beilfuss, Sr. Purchasing Agent Les McGaugh, Purchasing Director CITY OF -� FAYETTEVILLE ARKANSA Bid 23-18 Addendum 2 Petroleum Traders Corporation Supplier Response Event Information Number: Bid 23-18 Addendum 2 Title: Bulk Fuel Type: Invitation to Bid Issue Date: 1 /29/2023 Deadline: 2/15/2023 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the purchase and delivery of bulk fuel for a one (1) year contract with four (4) one-year automatic renewals. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Sr. Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Petroleum Traders Corporation Bid 23-18 Addendum 2 Petroleum Traders Corporation Information Contact: Joseph Vanderpool Address: 7120 Pointe Inverness Way Fort Wayne, IN 46804 Phone: (888) 637-7661 Email: jvanderpool@petroleumtraders.com Web Address: www.petroleumtraders.com By submitting your response, you certify that you are authorized to represent and bind your company. Joseph Vanderpool Signature Submitted at 211412023 09:59:34 AM (CT) Requested Attachments Bid 23-18, Bid Form Please attach the completed, signed Bid Form. Bid 23-18, Additional Requirements jvanderpool@petroleumtraders.com Email Please attach additional information as required in the Bid Form. Response Attachments Fayetteville City of, AR 2023-0042 Submitted Bid.pdf Entire Submittal Bid Lines Package Header Schedule A (Full Tank Deliveries) Bid Form.pdf Additional Requirements.pdf Quantity: 1 Total: 1 $8.20 Item Notes: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items 1.1 #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 decimals) Quantity: 26000 UOM: Gallons Price: I Total: 1 $-85.80 Page 2 of 3 pages Vendor: Petroleum Traders Corporation Bid 23-18 Addendum 2 1.2 Unleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 decimals) Quantity: 20000 UOM: Gallons Price: I Total: 1 $94.00 2 Package Header Schedule B (Bob -Tail Deliveries - No 100 Octane) Quantity: 1 Total: $1,305.00 Item Notes: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items 2.1 #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 Decimals) Quantity: 2500 UOM: Gallons Price: $0.45 Total: $1,125.00 2.2 Unleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 Decimals) Quantity: 400 UOM: Gallons Price: $0.45 Total: $180.00 Response Total: $1,313.20 Page 3 of 3 pages Vendor: Petroleum Traders Corporation Bid 23-18 Addendum 2 City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 23-18, Bulk Fuel DEADLINE: Wednesday, February 15, 2023 before 2:00 PM, Local Time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.8ov DATE OF ISSUE AND ADVERTISEMENT: 01/29/2023 INVITATION TO BID Bid 23-18, Bulk Fuel No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 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 furnish & 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 Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 23-18, Bulk Fuei Page 1 of 17 City of Fayetteville Bid 23-18, Bulk Fuel Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 23-18, Bulk Fuel The City of Fayetteville is seeking bids from qualified vendors for the purchase and delivery of bulk fuel for a one (1) year contract with four (4) one-year automatic renewals. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Wednesday, February 15 2023 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.yautube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Any bidder providing a service shall be registered with the Arkansas Secretary of State. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar,gov TDD (Telecommunications Device for the Deaf); (479) 521-1316 Date of advertisement: 01/29/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 2 of 17 City of Fayetteville Bid 23-18, Bulk Fuel Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayettleville-ar.gov/b[ds) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items— Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder 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(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 3 of 17 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): S. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 4 of 17 UnsijZned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Petroleum Traders Corporation Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name Petroleum Traders Corporation *BUSINESS ADDRESS: PO Box 2357 *CITY: Fort Wayne *STATE: IN *ZIP: 46801 *PHONE: 888-637-7661 FAX: 260-203-3820 *E-MAIL: Janderpool@petroleumtraders.com *TAX ID NUMBER: 35-1462227 UNIQUE ENTITY#: *AR. SECRETARY OF STATE FILING NUMBER: 100064687 *BY: (PRINTED NAME) Joseph Vanderpool *AUTHORIZED SIGNATURE: *TITLE: Contract Sales Manager *DATE: 2/14/2023 Acknowledge Addendums: Addendum No. 1 Dated: 02/03/2023 Addendum No. 2 Dated: 02/10/2023 Addendum No. Dated: Addendum No. Dated: City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 5of17 Acknowledged by: JV Acknowledged by: iv Acknowledged by: Acknowledged by: City of Fayetteville Bid 23-18, Bulk Fuel General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/b ids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https_/Jwww.youtube.com/user/cityoffayettevi Ilear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575,8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVI Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 6 of 17 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a, The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". All bidders shall promptly notify Amanda Beilfuss, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm, however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division, 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 7 of 17 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same items) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. R_IGHTTOAUDIT, FOIA,ANDJURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City 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 photocopying costs pursuant to the FOIA may be assessed for this compliance. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 8 of 17 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement, 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid, Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 9 of 17 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/propose r's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 10 of 17 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. PRICING The City reserves the right to re-evaluate bidders in their standing in the event of a vendor price increase. 26. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshallnotbeincludedin thebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. 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 borne by the bidder. e, The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. 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. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail(abei[fuss @fayetteviIle-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 11 of 17 Any inquiries or requests for explanation in regard to the City`s requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss fa etteville-ar. ov) or telephone (479.575,8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer 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. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 28. ATTACHMENTS TO BID DOCUMENTS: a. Appendix A— Fuel Tank Locations City of Fayettevi Ile, AR Bid 23-18, Bulk Fuel Page 12 of 17 City of Fayetteville Bid 23-18, Bulk Fuel Specification Requirements 1.0 GENERAL: 1.1 The City of Fayetteville intends to establish a term contract to supply and deliver fuel products (gasoline and diesel on an as needed basis to various locations in the City of Fayetteville). 1.2 All product(s) bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.3 All specifications written are to minimums, unless otherwise noted. 1.4 All bulk tank wagon delivery trucks shall have Weights and Measures certified meters. Copies of current certificates shall be provided. 1.5 Vendor warrants, represents, and assures that the products and services to be provided shall conform in all respects to the requirements of the specifications. 1.6 To ensure availability, vendor shall have fuel supply contracts with a minimum of two (2) major suppliers. 1.7 Quantities listed are approximate anticipated annual requirements based on prior purchases. 1.8 Bidder agrees to sell other automotive fuel products required for specific applications not listed in this bid but available from contracted suppliers at a price not to exceed the same cost factor of the highest per unit markup listed in this bid. (Example: Site C - 100 Octane Aviation Fuel). 1.9 The City reserves the right to secure from another source if needed product cannot be delivered within the specified time. 2.0 TERM: 2,1 Contract shall be for a term of one (1) year from date of award. Contract may be extended for four (4) additional one-year terms upon mutual agreement of the City and the vendor. 2.2 The City may terminate this contract or any part hereof with a seven (7) day notice for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any of the terms and conditions of this contract. Late deliveries, deliveries of products which are defective or do not conform to this contract, unsatisfactory performance as judged by the Contract Administrator, and failure to provide City, upon request, with adequate assurances of future performance shall all be causes allowing City to terminate this contract for cause. in the event of termination for cause, City shall not be liable to Contractor for any amount. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 13of17 3.0 INSURANCE: 3.1 Contractor agrees to comply with all applicable City ordinances and state and federal laws and regulations. 3.2 If any work under this agreement is subcontracted in any way, Contractor shall execute written agreement with Subcontractor containing the same Indemnification Clause and Insurance Requirements set forth herein protecting City of Fayetteville and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining Certificates of Insurance verifying the insurance requirements. 3.3 Prior to commencing any work or services under this Contract, Contractor shall furnish City of Fayetteville with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverage, conditions, and limits of coverage and that such coverage and provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Fayetteville shall reasonably rely upon the Certificate of Insurance as evidence of coverage, but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this agreement. If any of the above cited policies expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal Certificates within forty-eight (48) hours after the renewal date containing all the aforementioned insurance provisions. Certificates shall specifically cite the following provisions: a. Commercial General Liability i. Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence. ii. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. b. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each accident on Contractor's owned, hired, and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Contract. C. Contractor shall maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of work or services under this Contract. 4.0 RECORDS AND AUDIT RIGHTS: 4.1 Contractor's records (hard copy, as well as computer readable data), and any other supporting evidence deemed necessary by the City to substantiate charges and claims related to this contract shall be open to inspection and subject to audit and/or reproduction by City's authorized representative to the extent necessary to adequately permit evaluation and verification of cost of the work, and any invoices, change orders, payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the contract. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 14 of 17 4.2 The City's authorized representative shall be afforded access, at reasonable times and places, to all of the Contractor's records and personnel pursuant to the provisions of this article throughout the term of this contract and for a period of three years after final payment. 5.0 MINIMUM SPECIFICATIONS: 5.1 Minimum standards shall be determined in accordance with the American Society for Testing and Materials (ASTM). All fuel must comply with provisions of the "Federal Clean Air Act" and any subsequent revisions as amended. 5.2 UNLEADED REGULAR GASOLINF a. Unleaded regular gasoline shall meet or exceed specifications of ASTM D949 b. Minimum Octane rating — eighty-seven (87) C. Gasoline shall contain no ethanol 5.3 ULTRA LOW SULPHUR RED DYED No. 2 DIFSFL FUEL a. The Diesel Fuel shall meet or exceed specifications of ASTM D975 b. Minimum cetane rating of forty-five (45) c. If additives are added to reach cetane number, the cost of such additives shall be included in the bid pricing. The City shall pay no extra cost for additives. If additives are included, please disclose such on bid form. 6.0 ADDITIONAL INFORMATION REQUIRED WITH BID: 6.1 Each bidder shall attach information sheets containing the following minimum information in order to determine the best service, support, and price offer for the City of Fayetteville: a. Company name b. Office address C. Name of officers or majority owners d. Number of owned transport tanker units e. Number of owned tank wagon units f. Name, address and contact information of all currently contracted transporters 6.2 Bidder shall provide the following information with bid: a. Provide a listing of all contracted fuel suppliers b. Provide a listing of all contracted terminals in the NWA and/or Fort Smith area C. Provide the source of third -party price information 6.3 Cancellation of a fuel supplier or terminal that factored into low bid award may be cause for contract cancellation. a. Additional suppliers may be added upon notification of the City. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 15 of 17 6.4 The cost basis for fuel deliveries shall be the gross rack average price as reported in the Oil Price Information Service (OPTS) newsletter, which is published every Monday, This index contains rack prices confirmed the prior Thursday evening at 5:59 p. m. EST all year round except Thanksgiving, when the prices are confirmed on Wednesday at 5:59 p.m. EST. This shall include lowest regional fuel price. The bid form contains markup pricing for each type of fuel. This markup shall be added to the OPIS price to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. No price increase shall be allowed in this contract. a. These prices and listed quantity estimates will be used to determine a bid price to which margin price will be added to determine the final bid price. 6.5 Copies of actual purchase invoices on dates indicated shall be provided with the bid. 7.0 CONTRACT BULK FUEL PRICING: 7.1 The contract price for all fuel shall be the margin price (in cents per gallon, to a maximum of four decimal places) for each line item, to be added to, the listed gross OPIS rack average price as described. That price will be used for all deliveries until the following Friday. 7.2 Margin prices shall include all costs of the contractor in performance of the contract to include overhead, profit, delivery and unloading fuel into the applicable storage tank and any other cost. 7.3 Additional charges not specifically outlined in this bid (additional handling, split load, split drop, etc.) will not be allowed unless listed and attached to the bid. Listed charges will be considered in final bid award. 7.4 The margins bid shall to remain firm for the entire contract period. 7.5 No taxes are to be included in the contract prices, Applicable taxes shall be itemized and billed as a separate item on invoices. 8.0 BULK FUEL DELIVERY METHOD: 8.1 All orders will be placed by authorized city staff by phone, FAX, or other mutually agreed process. 8.2 All orders shall be filled no later than the second business day following date of order. 8.3 Order quantities will allow for full tanker delivery except locations where specified tank size will not accommodate. 8.4 Site A gasoline orders will be for split tanker with diesel delivery at same location or split tanker with Site B. Charges (if any) for these services shall be clearly listed in attachment to the bid. 8.5 Contractor shall accommodate for delivery into above ground tanks where specified. 8.6 Delivery times shall be coordinated with each delivery location. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 16 of 17 9.0 BULK FUEL DELIVERY TICKET: 9.1 A delivery ticket containing the following information shall be provided at the time of each delivery: a. Contractor's name b. Address C. Delivery location and tank d. Type of fuel e. Grade of fuel f. Terminal 9. Supplier h. Bill of lading fuel quantity (net gallons) i. Reading prior to unloading j. Reading following unloading 9.2 The City shall only authorize payment for the actual (net) quantity of fuel delivered to each site. 9.3 Company driver and City personnel shall both sign and date the delivery ticket. 10.0 BILLING (MUST BE PROVIDED WITHIN 24 HOURS OF DELIVERY): 10.1 All invoices shall clearly outline the following: a. Contractor's name b. Address C. Delivery location and tank d. Type of fuel e. Terminal f. Fuel supplier g. OPIS price h. Margin price (price bid) i. Applicable taxes j. Valid Purchase Order Number. k. Net Gallons Delivered 1. All invoices must be accompanied by the following information: M. Copy of Terminal Bill of Lading n. Copy of Suppliers Invoice City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 17 of 17 L a aJ a) L L a) a) L 4) N L W L Ql L 41 L Cl)al L L v L a) 4- � � .- 4- +� 4+ O ) Ln +- +J Ln 3 u 3 " O O Lr} 3 cn 3 Ln 3 u O Ln 3 Ln 3 Ln 3 N 3 to vl 3 CL O O O O O O O_ O_ O_ O_ O_ O_ J � J J J n J J J al J Q1 J qJ J � M u) L QQ pa m (A pp pp m Lf L L m VI L m VI L M Ln L r0 v u ` VI lA fE VI rO ul ❑ a ❑ Q QJ 0) ❑ al ❑ 7 7 a1 a1 a) a) D D � D a) � 0 ❑ ❑ LL -0 _0 'o -C 'O m _0 'O 'C v a� v v W v O v m as a) ❑ C C Q C C O © ❑ Cf C ❑ O 0 ❑ ❑ N D N N r4 N N N N N N N N 3t 7K k it 2k k k *k nm aJ C1A M tOj C 0 C O O m a° o o 0 0 0 0 0 0 n m V) �--1 M N H N N Ln C U N H O '� Q 7 7 3 7 7 7 7 7 7 7 7 D O O O O O O L O O O d O O O O D O C7 L C7 C7 /L� L L (7 C7 U (J L 0 L (D L (7 L L pL� L L L L C a) Q7 L Q) aJ aJ aJ Q1 L a) a1 a) L a) aJ Al N aJ m > > > > > > cL > > > aJ > > > > > a a a a a acc a a a a a a a a of: a a > > d u O O C C Cc C W L L aJ L z 2 L O O of O O O O O iiJ L 4-10 T O IV a)[A -C t Z 2 2 S L Q LnO OL Q u u T >� x x x 0 x x O o z Q = m Z I L'i Ur m co L L L `° LZ "' z a� Ln Ln o o Ln Lr's z Z z z z z z rn 10 u i Lri N I O O �"4 Ln Ln O O O O NoN D n mO Ln VI C) C) O H ry Lf1 Ln H 4A e Q- a CL �- o g ► o o o a o 0 0 u 0) ( z C- Q T aj C_ `a d u Q 'O o m m a a O + O +- +u a a �, �, C m C m c m m C m }' to +1 to 41 ti? 4- N +� Ln a) m N a) a) o 0 0 0 0 $ $ $ LL w L- 3 z z z z a) O 0 Or 000O0 O O O pI Ln 0 O O OLn O a 0 Ln rl -I r-I —4 M l0 m N r LDC (Y NLn N Bid 23-18, Addendum 1 9% Date: Friday, February 03, 2023 IV To: All Prospective Vendors From: Amanda Beilfuss-479.575.8220—abeilfuss@fayetteville-ar.gov RE: Bid 23-18, Bulk Fuel CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made apart of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. CLARIFICATIONS —The following additional information and clarifications are being provided to assist bidders: a. Regarding section 6.2 of the bid form, gross rack average price shall be from Fort Smith, AR. b. Regarding section 8.1 of the bid form, City of Fayetteville staff may also place orders by email. c. Regarding section 8.2 of the bid form, all orders shall be filled within 36 hours of receiving order. 2. Bid Line Items a. Item notes on the 'Schedule A' and 'Schedule B' line item package header have been edited to read as "This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City." City of Fayetteville, fi.r Bid 23-18, Addendum 1 ,age 1�1 Telecommunications Device forth Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Bid 23-18, Addendum 2 9% Date: Friday, February 10, 2023 W To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 23-18, Bulk Fuel CITY 4F FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERSSHALL ACKNOWLEDGE TH15ADDENDUM ON THE DESIGNATED LOCATION ON THEBID FORM. 1. QUESTIONS — The following are questions received and answered by the corresponding City Department: a. Question: If a split occurs, how many sites are allowed to be split per delivery? i. Answer. Two (2) sites will be allowed b. Question: If a split occurs, how many products are allowed to be split per delivery? i. Answer: Two (2) products are allowed c. Question: How often are deliveries split between multiple locations? i. Answer: Approximately one (1) load every three (3) weeks d. Question: How often are deliveries split with multiple products? i. Answer: Weekly e. Question: Are Vendors required to submit a differential for each line item on this bid? i. Answer: No, that is not required f. Question: Does the City require winter additives? i. Answer The City supplies diesel additive to be put in at time of delivery g. Question: When is the expected award date and the start and end dates of this contract? i. Answer: The current contract- expires April 03, 2023. It is anticipated that the new contract will go to Fayetteville City Council for approval on March 21, 2023. The new contract shall begin April 04, 2023 and last for one (1) year with option for four (4) renewals City of Fayetteville, AR Bid 23-18, Addendum Page 112 Telecommunications Device for the Deaf TDD {4797 521-1316 113 West Mountain - Fayetteville, AR 72701 h. Question: Are any locations not able to receive a transport delivery (18-wheel truck)? If so, which locations? i. Answer: There are two (2) locations that will allow 18-wheeled transport: 115 S. Church St. and 1525 S. Happy Hollow Rd. The South Church Street location is easier to access first thing in the morning due to downtown traffic. The Happy Hollow Road location is accessible anytime. Question: Which locations can only be serviced via small tank wagon truck? i. Answer: All other locations outside of the two (2) listed above. Question: Will the City be reading off the pricing bid in the bid opening or just the names of bidders? i. Answer: Pricing submitted with each bid along with the names of the bidders will be read allowed at the bid opening. The bid opening will be held in person in room #111 of Fayetteville City Hall and will be livestreamed using the City of Fayetteville's YouTube channel. Bid tabulation will be provided shortly after the bid opening on the online bidding portal. 2. ATTACHMENTS: a. Attachment A— Recent Invoices & Bill of Lading b. Attachment B — Bid Tabulation for Bid 18-18 c. Attachment C — Dyed Diesel Information (the City does not have a list of additives used to meet minimum cetone rating of 45) d. Attachment D --Jacobs Fuel Orders from 2022 (there are too many variances to provide exact monthly amounts) City of Fayetteville, AR Bid 23-18, Addendum Page 212 Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain - Fayetteville, AR 72701 1 PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 888-637-7661 Company Overview Petroleum Traders Corporation has been a pure wholesaler of fuels since 1979. We are an experienced supplier of wholesale gasoline, premium, winter blend diesel, heating oil, as well as renewable fuels such as biodiesel and ethanol to government agencies across the country. Our resources include a host of large and small local and nationally recognized carriers to complete fuel deliveries. We have accounts with 90% of large and independent fuel refiners in the United States to better ensure availability of product in the event of difficulties within a region of the country. Petroleum Traders maintains one of America's largest fuel distribution networks with supply points in 39 states nationwide. As a coast -to -coast pipeline shipper, we can satisfy your supply requirements through either delivery or direct terminal access throughout the continental US. Our supply spans the United States from coast to coast. We use a host of nationally recognized and local common carriers to facilitate delivery. Our supply sources include 90% of the major oil companies and large independent suppliers. Since its inception in 1979, our company has built its strength on a singular purpose: to meet and exceed the expectations of our customers in every aspect possible, including accountable service, quality products and customized pricing programs. Petroleum Traders Corporation is proud to be the largest pure wholesale fuel distributor in the country. Petroleum Traders is an experienced supplier of wholesale gasoline, diesel fuel, heating oil, as well as renewable fuels such as biodiesel and E85 ethanol to government agencies. Working as either as a contract or spot supplier, we work alongside city, county, state, federal, and township government agencies to provide significant fuel cost savings and assist in budgeting with fuel price management. Petroleum Traders is familiar with and regularly participates in gasoline, diesel, and heating oil Request for Proposals (RFPs) and Invitation for Proposals (IFPs). With Petroleum Traders, you're not only buying from a price leader, you're also getting the best proactive service in the business. Our prompt, responsive, and proactive customer service offers 24/7 communication to give you the attention you deserve. Emergency service is available as well to make sure you get the fuel you need when you need it the most. Petroleum Traders Corporation consists of about 137 employees divided into various departments to ensure the satisfaction of our customers. The Contract Sales/Bid Department currently consists of (14) employees ranging in experience from 1 to 27 years. The combined experience of the departments paired with the guidance of our upper management team will ensure accurate and responsible service is provided. Generally, 24 hours is all that is required to complete a delivery. Petroleum Traders Corporation makes every effort to provide consistent quality of service to its customers in times of national or local emergency and weather related natural disasters. Our resources include a stable of large and small local and nationally recognized carriers to complete fuel deliveries. Our carriers strive to fulfill all delivery requests as promptly as possible. AN PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 Contract Sales Bid Department All contact regarding bids or awarded contracts are handled by the Contract Sales Bid Department. This will include all requests for fuel delivery as well as any questions about contract specifications, invoicing, pricing, taxes, or product information. Orders can be placed by emailing bidorders etroleumtraders.com, by calling 1-888-637-7661 (direct toll free line as well as texting option), or 1-800-348-3705 option 4 (toll free company line). Any staff member who answers will be able to assist you. Company Representatives that will be servicing your fuel contract if awarded, include, but are not limited to, the following Contract Sales Specialists. The current Bid staff includes the following members Stephen Reuille Kevin Smith Marjie Alves Isaac Newman Adam Carteaux Brierra Young Kara Clark Savannah Kern Bret Rhen Ethan Drake Cassidy Thompson Joseph Vanderpool is the Contract Sales/Bids Manager. His email is 4 vanderpoolapetroleumtraders.com. For our customer's convenience, Petroleum Traders Corporation may be reached 24 hours a day, 7 days a week, 365 days a year. During normal business hours of 7AM to 5PM we may be reached at 888-637-7661. For after hours, weekends, or holidays dial 1-800-348-3705 option 1 for the on call member of our dispatch staff and leave a message. All calls are returned within one hour. Carriers to be Used Star Transport 3201 E. Highland Jonesboro, AR 833-413-7827 Generations Transport / Little Field Oil 3403 Cavanaugh Road Fort Smith, AR 72918 479-646-5243 Fuel Suppliers HWRT Oil Company Coffeyville Resources HollyFrontier Refining Fuel Marketing Apex Oil Company TransMontaigne Valero Terminals Fort Smith, AR — Magellan Rogers, AR - Magellan Home Bid Events ptraders23 . (,`) Return O No Sid �jDocuments TLj: Response History I__I Bid History e Error Check Response Bid Number Bid 23-18 Addendum 2 (Bulk Fuel) CITY OF Close Date &Time 2/15/2023 03:00:00 PM (ET) FAYETTEVILLE Time Left 1 days 5 hours 7 minutes 33 seconds ARKANSAS Response Status NOT SUBMITTED -To complete your response, you must dick 'Submit Response' in the Response Submission tab. Event Details Questions Activities Attachments Line Items Response Attachments Response Submission Bid Line Items RSave lrzp Error Check Response Total: $1,313.20 Save Successful: 211412023 09:52:14 AM (ET) # Specification Quantity UOM Response Extended 1 Schedule A (Full Tank Deliveries) 1 $8.20 Item Note: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. Add Notes Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items # specification Quantity UOM Response Extended 1.1 #2 Dyed Ultra Low Sulfur Diesel 26000 Gallons 6.0033 * $-85.84 Price as Mark Up PER GALLON (Use 4 decimals) Add Notes 1.2 Unleaded 87 Octane Gasoline 20000 Gallons 0.0047i* $94.00 Price as Mark Up PER GALLON (Use 4 decimals) Add Notes 2 Schedule 13 (Bob -Tail Deliveries - No 100 Octane) ; $1,305.00 Item Note: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. [*Add Notes Sales tax shall not be included in the bid price_ Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items # Specification Quantity UOM Response Extended 2.1 #2 Dyed Ultra Low Sulfur Diesel 2500 Gallons 0.45 * $1,125.00 Price as Mark Up PER GALLON (Use 4 Decimals) ' Add Notes 2.2 Unleaded 87Octane Gasoline 400 Gallons Price as Mark Up PER GALLON (Use 4 Decimals) 045* $180.00 w �r PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 888-637-7661 Company Overview Petroleum Traders Corporation has been a pure wholesaler of fuels since 1979. We are an experienced supplier of wholesale gasoline, premium, winter blend diesel, heating oil, as well as renewable fuels such as biodiesel and ethanol to government agencies across the country. Our resources include a host of large and small local and nationally recognized carriers to complete fuel deliveries. We have accounts with 90% of large and independent fuel refiners in the United States to better ensure availability of product in the event of difficulties within a region of the country. Petroleum Traders maintains one of America's largest fuel distribution networks with supply points in 39 states nationwide. As a coast -to -coast pipeline shipper, we can satisfy your supply requirements through either delivery or direct terminal access throughout the continental US. Our supply spans the United States from coast to coast. We use a host of nationally recognized and local common carriers to facilitate delivery. Our supply sources include 90% of the major oil companies and large independent suppliers. Since its inception in 1979, our company has built its strength on a singular purpose: to meet and exceed the expectations of our customers in every aspect possible, including accountable service, quality products and customized pricing programs. Petroleum Traders Corporation is proud to be the largest pure wholesale fuel distributor in the country. Petroleum Traders is an experienced supplier of wholesale gasoline, diesel fuel, heating oil, as well as renewable fuels such as biodiesel and E85 ethanol to government agencies. Working as either as a contract or spot supplier, we work alongside city, county, state, federal, and township government agencies to provide significant fuel cost savings and assist in budgeting with fuel price management. Petroleum Traders is familiar with and regularly participates in gasoline, diesel, and heating oil Request for Proposals (RFPs) and Invitation for Proposals (IFPs). With Petroleum Traders, you're not only buying from a price leader, you're also getting the best proactive service in the business. Our prompt, responsive, and proactive customer service offers 2417 communication to give you the attention you deserve. Emergency service is available as well to make sure you get the fuel you need when you need it the most. Petroleum Traders Corporation consists of about 137 employees divided into various departments to ensure the satisfaction of our customers. The Contract Sales/Bid Department currently consists of (14) employees ranging in experience from 1 to 27 years. The combined experience of the departments paired with the guidance of our upper management team will ensure accurate and responsible service is provided. Generally, 24 hours is all that is required to complete a delivery. Petroleum Traders Corporation makes every effort to provide consistent quality of service to its customers in times of national or local emergency and weather related natural disasters. Our resources include a stable of large and small local and nationally recognized carriers to complete fuel deliveries. Our carriers strive to fulfill all delivery requests as promptly as possible. rr�r PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 Contract Sales Bid Department All contact regarding bids or awarded contracts are handled by the Contract Sales Bid Department. This will include all requests for fuel delivery as well as any questions about contract specifications, invoicing, pricing, taxes, or product information. Orders can be placed by emailing bidorders etroleumtraders.com, by calling 1-888-637-7661 (direct toll free line as well as texting option), or 1-800-348-3705 option 4 (toll free company line). Any staff member who answers will be able to assist you. Company Representatives that will be servicing your fuel contract if awarded, include, but are not limited to, the following Contract Sales Specialists. The current Bid staff includes the following members Stephen Reuille Kevin Smith Marjie Alves Isaac Newman Adam Carteaux Brierra Young Kara Clark Savannah Kern Bret Rhen Ethan Drake Cassidy Thompson Joseph Vanderpool is the Contract Sales/Bids Manager. His email is Ivanderpcol_(cD_petroleumtraders.com. For our customer's convenience, Petroleum Traders Corporation may be reached 24 hours a day, 7 days a week, 365 days a year. During normal business hours of 7AM to 5PM we may be reached at 888-637-7661. For after hours, weekends, or holidays dial 1-800-348-3705 option 1 for the on call member of our dispatch staff and leave a message. All calls are returned within one hour. Carriers to be Used Star Transport 3201 E. Highland Jonesboro, AR 833-413-7827 Generations Transport/ LittleField Oil 3403 Cavanaugh Road Fort Smith, AR 72918 479-646-5243 Fuel Suppliers HWRT Oil Company Coffeyville Resources HollyFrontier Refining Fuel Marketing Apex Oil Company TransMontaigne Valero Terminals Fort Smith, AR — Magellan Rogers, AR - Magellan City of Fayetteville Bid 23-18, Bulk Fuel Required Bid Form — Bid Signature & Online Submittal Regirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder 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(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 3 of 17 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Nan -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 4 of 17 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Petroleum Traders Corporation Purchase Order/Payments shallbe issued to this name *D/B/A or Corporation Name Petroleum Traders Corporation *BUSINESS ADDRESS: PO Box 2357 *CITY: Fort Wayne *PHONE: 888-637-7661 *E-MAIL: Jvanderpool@petroleumtraders.com *STATE: IN *ZIP: 46801 FAX: 260-203-3820 *TAX ID NUMBER: 35-1462227 UNIQUE ENTITY #: *AR. SECRETARY OF STATE FILING NUMBER: 100064687 *BY: (PRINTED NAME) Joseph Vanderpool *AUTHORIZED SIGNATURE: *TITLE: Contract Sales Man Acknowledge Addendums: Addendum No. 1 Dated: 02/03/2023 Addendum No. 2 Dated: 02/10/2023 Addendum No. Dated: Addendum No. Dated: City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 5 of 17 *DATE; 2/14/2023 Acknowledged by: JV Acknowledged by: JV Acknowledged by: _ Acknowledged by: City of Fayetteville Bid 23-18, Bulk Fuel Contract — Between City of Fayetteville and Petroleum Traders Corporation Terms: One (1) year with four (4) renewals This contract executed this 215Y day of ,March, 2023, between the City of Fayetteville, Arkansas, and Petroleum Traders Corporation. In consideration of the mutual covenants contained herein, the parties agree as follows: Petroleum Traders Corporation 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 23-18 as stated in Petroleum Traders Corporation bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 23-18, all included herein as if spelled out word for word. The City of Fayetteville shall pay Petroleum Traders Corporation Based on their bid proposal. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. The Contract documents which comprise the contract between the City of Fayetteville and Petroleum Traders Corporation consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 23-18 with the specifications and conditions typed thereon. B. Petroleum Traders Corporation 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 Petroleum Traders Corporation and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Petroleum Traders Corporation. Petroleum Traders Corporation shall not assign its duties under the terms of this agreement. 6. Petroleum Traders Corporation 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 Petroleum Traders Corporation 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. Petroleum Traders Corporation 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, Petroleum Traders Corporation shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of City of Fayetteville, AR Page 1of3 such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by.Petroleum Traders Corporation. Workmen's Compensation_ Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. 8. Petroleum Traders Corporation shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Petroleum Traders Corporation with 30 calendar days written notice. 10. This contract shall be effective from one year of the date of signed contract. The City reserves the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either Petroleum Traders Corporation or the City notifies the other of its intent to terminate the contract at the end of the contract period. a. Projects exceeding $35,000 will require additional approval from the Fayetteville City Council. 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, 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 coping costs pursuant to the FOIA may be assessed for this compliance. 12. 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 the Fayetteville City Council in advance of the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted mW61140a City of Fayetteville, AR Page 2 of 3 WITNESS OUR HANDS THIS j� DAY OFJ 2023. CONTRACTOR NAME Pt-f'o leum Tadcrj By: l.. 5 g at� se pr 1 , Ctntno .talcs ffl CvwCjtr Printed Contractor Name & Title ATTEST (Signature) Company Secretary (Printed Name) Business Address PD Cau 35'7 , Fl,r�- W "Lae-, i 6l LM01- Q'S 7 City, State & Zip Code DateSigned: City of Fayetteville, AR Page 3 of 3 t. GITy' � •rfT ATTEST: (Signata Kara Paxton, City Clerk, Treasurer ,i�'��►��� Date Signed: 5t