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March 5, 2021 City of Burley Idaho INSTRUCTION TO BIDDERS Invitation to Bid Number: Burley bid # - 21 - 1 INVITATION: Sealed proposals for furnishing Motor Fuels as described in "Specifications" will be received at City Hall, 1401 Overland Ave, or PO BOX 1090 Burley Idaho 83318 Until 5:00 PM on the 26th day March 2021, and then will be publicly opened and read on March 29, 2021 at 08:30 AM. The price page(s) and the signature page(s) of the proposal must be the original—copies or faxed copies are not acceptable and will result in rejection of the bid. The Envelope containing your proposal must be sealed, show the Invitation to Bid Number and the date and time of opening. If your proposal is mailed the envelope must be addressed as follows: Vendor's Name Mailing Address OR Special Delivery Invitation to Bid Number: Burley -21- 1 City of Burley. Date: March 26, 2021 by 5:00 PM Attention Mark Mitton City Administrator and Rick Garner Fleet Manager. PO BOX 1090, 1401 Overland Ave. Burley Idaho 83318. PREFERENCE FOR IDAHO DOMICILED BIDDERS: In determining the lowest responsible bidder, the City shall consider the preferences for Idaho domiciled public works contractors and Idaho suppliers for purchases as provided in Idaho Code Sections 67-2348 and 67-2349, as currently in force and subsequently amended. The law requires providing a reciprocal preference for Idaho domiciled bidders on purchases of materials, supplies or equipment. The law and any applicable percentage preference is ONLY applicable to bidders domiciled in a state granting THEIR in state bidders a preference law or a reciprocal preference law. It is not applicable to domiciled bidders in states without a preference law or a reciprocal preference law. Bidder shall indicate on the signature page, in the space provided, the bidder’s state of domicile. If a bidder is domiciled outside the State of Idaho and desires to be considered as an Idaho domiciled bidder, he shall indicate this on the signature page, in the space provided. If the bidder indicates that he is domiciled outside the State of Idaho and that he desires to be considered as an Idaho domiciled bidder, he shall provide information with the bid sufficient to establish a significant Idaho economic presence as defined in Idaho Code Section 67-2349, as currently in force and subsequently amended. Proposals received without this information will be considered invalid. If the bidder is domiciled in a state with a bid preference penalty, the bidder shall provide information with the bid concerning the bidder’s state of domicile, the amount of the bid preference penalty in his state and a copy of the applicable code section with respect thereto. Failure to provide such information may result in rejection of the bid. ---PAGE BREAK--- DELIVERY: Proposal submitted must show: Delivery Cost FOB to the City of Burley. As well as Delivery date. GENERAL: The intention of the specifications is to describe the Motor Fuels in sufficient detail to secure bids on comparable products. Product bid shall meet or exceed specifications listed. Proposal to be submitted on forms furnished. The original bid documents may be duplicated and/or faxed for Bidder to obtain additional copies, however the submitted bid proposal of the price page(s) and the signature page(s) must be the original entries and signature of the Bidder—copies or faxed copies are not acceptable and will result in rejection of the bid. Please sign with BLUE ink. The City of Burley Fleet Management may be reached by calling [PHONE REDACTED]. CERTIFICATE OF ELIGIBILITY: The successful Bidder shall be required to execute a Certificate of Eligibility (See attached) as a condition for the award of this Bid / Contract. INTERPRETATIONS: Interpretations, corrections and changes of the bid proposal will be made by Addendum. Addendums will be faxed, mailed or delivered to all parties recorded by the Purchasing Division as having received the bidding documents. Interpretations, corrections and changes of the bid proposal made in any other manner will not be binding, and Bidders shall not rely upon them. TERMS AND CONDITIONS: This formal bid document and subsequent Purchase Order are to be considered the City's sole terms and conditions. Bids submitted with any additional terms and conditions may not be considered. BASIS OF AWARD: Bids will be evaluated and awarded separately with respect to each bid item. Bids will be separately awarded to the responsive bidder(s) submitting the lowest aggregate price and will best serve the interest and requirements of the City of Burley for the hypothetical quantities for each bid item as set forth in the paragraph entitled “BID EVALUATION”. Such quantities are hypothetical and will be used for evaluation purposes only, and the City reserves the right to purchase greater or lesser quantities as it deems in its best interest, throughout the term of the contract. The proposals will be evaluated for compliance with the specifications furnished by the City of Burley Idaho. ---PAGE BREAK--- BID IRREGULARITIES If the proposal form furnished is not used or is altered or if there are unauthorized additions, conditional bids, or irregularities of any kind, which make the proposal incomplete, indefinite, irregular, or ambiguous; the proposal may be rejected. Proposals received without the signature of a Company representative under the heading **BID PROPOSAL SIGNATURE** will be considered invalid. The City of Burley reserves the right to accept or reject any or all proposals, to waive any or all proposals, to waive any informality and irregularities in said proposals, and to accept individual bid items. TERM OF BID AND BID AWARD: The Bidder’s proposal shall remain in effect for a period of 60 working days after the bid opening. Prior to awarding the contract the City of Burley reserves the right not to except any of the proposed bids. If awarded the Bid, the successful Bidder will comply with the terms and conditions of the Bid Documents and subsequent Purchase Orders through the period of time as listed above. The City of Burley reserves the right to purchase any or all of the items as listed. The City of Burley reserves the right to purchase another unit(s) and/or item(s) per this bid proposal at a later date should the need arise and if the seller agrees to same pricing. DISCLAIMER: The City of Burley reserves the right to accept or reject any or all proposals, to waive any or all proposals, to waive any informality and irregularities in said proposals, and to accept individual bid items. ---PAGE BREAK--- CERTIFICATE OF ELIGIBILITY (Please fill out the top or bottom portion of this document, whichever is applicable) represented by represents that: (Bidder/Vendor) (Representative’s Name) 1) For the purposes of this certificate, the term “Ineligible Person” shall mean any officer, agent or employee of the City of Idaho Falls, and the spouse and any member of the household of such officer, agent or employee. The term “Ineligible Entity” shall mean any corporation, partnership, trust, association, sole proprietorship or organization of any kind in which an Ineligible Person holds any pecuniary or ownership interest of any kind or which employs an Ineligible Person. 2) Bidder is not an Ineligible Person or Ineligible Entity. 3) No Ineligible Person or Ineligible Entity has an interest of any kind in the abovementioned Bidder, nor will any Ineligible Person nor Ineligible Entity receive any consideration or benefit of any kind on account of the above-referenced project or purchase. 4) To the best of my knowledge no Ineligible Person or Ineligible Entity has any interest in the above- referenced project or purchase. 5) I am over eighteen (18) years of age, have personal knowledge of the foregoing and would so testify if called upon in a court of law. Dated the day of BIDDER/VENDOR: Representative’s Signature Bidder/Vendor ---PAGE BREAK--- If you are unable to sign the above Certificate of Eligibility, you may, depending upon the circumstances, still be eligible to carry out this contract (PO). In order to receive such consideration, please explain the reasons why you are unable to execute the Certificate of Eligibility. Dated the day of BIDDER/VENDOR: Representative’s Signature Bidder/Vendor ---PAGE BREAK--- MINIMUM SPECIFICATIONS Additional Bidding Information I. BIDDING REQUIREMENTS: A. Amount bid will be priced per gallon for fuel delivered to the City. All taxes and fees as required shall be included. Unleaded E10 with 85 octane shall have federal and state taxes. Dyed Diesel shall only have the federal lust tax, spill fee and transfer fee. B. All commodities required may be tested by the City of Burley, to determine acceptability. C. Specifications of products offered for bid will be made available to the City of Burley, if requested. D. If bidding on any or all of bid items listed, Product Brand supplied must be indicated or bid will be considered invalid. E. Any Product Brand changed from original bid must be approved by the City of Burley. F. Fixed Collar Price locking in a maximum price per gallon and a minimum fixed price. The contract will not go above or below for duration of 12 months or quantities of dyed diesel 40,000 gallons and 20,000 gallons of E10 with minimum 85 octane or whatever comes first. II. PRICE ADJUSTMENT: The City will accept adjustments to the base price specified in a bid, subject to the following conditions: A. In the event the person to whom the bid is awarded is unable to supply the fuel at the base price specified the bid shall, prior to supplying the same, notify the City of such fact, specifying the price to supply said fuel or lubricants or the quantity that was proposed to supply at said price. B. Any adjustments to the price paid by the City must be e-mailed to the Fleet Management and or on the nearest working day. Email address: [EMAIL REDACTED]. The Fleet Management Division must be in receipt of a verified copy of the price change notice provided by the successful bidder's supplier, within five days after price change. All price decreases received from the successful bidder's supplier must be extended to the City. III. QUANTITY SPECIFIED: All quantities specified in this Invitation to Bid are submitted solely for the purpose of comparison and the City shall have no obligation to purchase the quantity so specified. Bids will not be accepted if a minimum delivery requirement is stipulated. IV. REASONS FOR CANCELLATION: ---PAGE BREAK--- The following conditions listed below in and will result in IMMEDIATE CANCELLATION of any contract entered into as a result of this bid request. A. Inability or failure to deliver product(s) by the time agreed to when order is placed, unless prior notification (telephone) is received by the City of Burley Fleet Management [PHONE REDACTED]. The City of Burley reserves the right to place an order with a vendor other than the contract vendor, if a need is determined. B. Failure of a contract vendor to provide notification and complete documentation of a price adjustment (increase/decrease), as per Section II, Part B. Price Adjustment Clause. C. The City of Burley reserves the right to cancel a portion or the entire contract with a minimum of thirty (30) days’ notice. V. FUEL SPECIFICATIONS: A. Ultra-Low Sulfur Dyed Diesel Number Two and or Vehicle Fuel using the blending method to attain the Cold Weather Requirements. B. Pipeline Spec E-10 Regular Unleaded 85 Octane (Vendor must provide BOL and certify chain of custody from pipeline Minimum Blending Specifications: Number two diesel fuel is to be blended with number one diesel fuel to provide a Cloud Point or Cold Filter Plug Point (CFPP) for below average ambient temperature to reach a minimum temperature of -30° F. However, if the temperature is unable to meet the required rating by using number one diesel fuel alone, it is acceptable to use the additive per the following specifications under Section V, A-1. During winter months of operation. V. FUEL SPECIFICATIONS: (Continued) A-1. Acceptable Alternate to specifications of Section V. - using a diesel fuel additive to meet the cold weather requirements for Ultra Low Sulfur Diesel Number Two QUANTITY—Approximate PRICE continued: Bulk in 250-gallon Tote of DEF. Delivery no less than 10,000 gallons of dye diesel and 10,000 gallons of E 10 Unleaded. Fueling our city Generators at 5 locations from 500 hundred gallons to a 1000 gallons of dye diesel.