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City of Douglas Fuel Bid FY2020 Page 1 of 10 BID PROPOSAL AND SPECIFICATIONS FUEL FOR THE CITY OF DOUGLAS FISCAL YEAR 2020 CITY OF DOUGLAS PUBLIC WORKS DEPARTMENT 420 WEST GRANT DOUGLAS, WY 82633-2153 (307) 358-9750 ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 2 of 10 NOTICE TO BIDDERS: The City of Douglas is a Municipal Corporation and is not subject to Federal Fuel Taxes. The City of Douglas will execute the appropriate documents necessary for the City of Douglas to obtain State of Wyoming tax refunds for fuel sales to the City. Proposals should be submitted reflecting the bid price excluding Federal fuel taxes and the successful bidder will be responsible for making application for Federal Tax refunds. PUBLIC NOTICE/CALL FOR PROPOSALS Bulk Fuel FY2020 Sealed proposals for Bulk Fuel for FY2020 will be received in the office of the City Clerk until 2:00 p.m., May 22nd, 2019 and read immediately thereafter in the Conference Room at City Hall, 101 N. 4th St., Douglas, WY. Approved specifications and form of contract documents may be obtained at the Public Works Dept., 420 W. Grant Street; or by calling [PHONE REDACTED]; or at www.cityofdouglas.org under the “Bids” tab . Mail submitted proposals to the City of Douglas, Attn: City Clerk, P.O. Box 1030, Douglas, WY 82633, or deliver to the City Clerk at 101 N. 4th Street. The City reserves the right to reject any and all proposals, to waive informalities; to postpone the award of the contract for a period of not to exceed thirty (30) days; and to accept the bid that is in the best interests of the City of Douglas. Karen Rimmer, City Clerk Published: May 8th & 15th, 2019 End of Section ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 3 of 10 FUEL BID SPECFICATIONS AND PROPOSAL FORM CITY OF DOUGLAS PUBLIC WORKS DEPARTMENT To: City of Douglas PO Box 1030/101 N. 4th Street Douglas, WY 82633-2153 We, submit the following bid price per gallon. (Corporate name of Firm) For the following to be used in City owned vehicles, beginning on or about July 1, 2019, and ending June 30, 2020. 1. Rack Price Per Gallon 2. Bidders’ Mark Up Per Gallon Subtotal Bid Per Gallon State Total Bid Tax Regular $ $ $ $ Premium/NL $ $ $ $ Clear Premium/Diesel $ $ $ $ Dyed Premium/Diesel $ $ $ $ Price Adjustments: The price per gallon shall be figured as follows: 1. Cost per gallon (actual cost from supplier) shall be shown in the column 2. Markup (which shall include profit, overhead, labor, freight, etc.) must be shown in column 3. Markup is not adjustable and shall remain firm for the entire contract period. 4. Cost per gallon (rack or terminal price) quoted on the proposal is subject to changes by the supplier and will be increased and decreased in an amount equal to such changes. 5. The successful bidder or successful bidder’s supplier is required to furnish written notice of any changes referenced above to the City of Douglas, Wyoming within three days of the date of the price change becoming effective. This notice must include the date, the previous price of fuel, the new current price of fuel, and the overall difference between the two. Specifications: Bidders’ cost per gallon shall be figured as of July 1, 2019. Bidders’ must furnish with their bid a letter from their supplier indicating bidders’ cost per gallon as of July 1, 2019. ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 4 of 10 All fuel furnished shall be a regular product of a recognized and approved refinery and shall be the same product normally supplied for retail sale to the general public. Attached to these specifications is a copy of the amendment to the Wyoming Gasoline Tax Law. Certification of compliance to minimum octane ratings shall be supplied with the bid for regular and premium fuel. Area of Delivery: Fuel furnished shall be delivered to 710 E. Richards Street, the Public Works Annexation building in Douglas, Wyoming, and to the Douglas Landfill, 874 Olds Road, Douglas, Wyoming. All deliveries will require a two-day notice. The above bid is submitted in exact conformity with your specifications as furnished by the City of Douglas. If awarded a contract, we agree to abide by all the laws, rules and regulations as required by the State of Wyoming. Signature: Date: Printed Name/Title: Company Name: Mailing Address: City/State/ZIP: Telephone: Email: End of Section ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 5 of 10 NON-COLLUSION AFFIDAVIT STATE OF WYOMING ) ) ss. COUNTY OF ) , being first duly sworn, in his oath says that the bid above submitted is a genuine and not a sham or collusive bid or made in the interest or on behalf of any person not therein named; and he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. FUEL SUPPLIER: SIGNATURE: PRINT NAME: On personally appeared before me, who is personally known, and is the signer of the above document, and he/she acknowledged that he/she signed it for the purposes therein expressed. (Seal) Notary Public My Commission Expires: End of Section ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 6 of 10 BIDDER SIGNATURE SHEET IF BIDDER IS: AN INDIVIDUAL By: doing business as: (Name) Address: Phone: A PARTNERSHIP By: (seal) (Firm Name) (General Partner) Business Address: Phone: A CORPORATION By: of (Corporation Name) (State of Incorporation) By: (Signature) (Title) ATTEST: (Corporate Seal) Business Address: Phone: A JOINT VENTURE By: Address: By: Address: (Each member of the joint venture must sign; attach additional sheet if necessary.) End of Section ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 7 of 10 AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made on the day of , 20__, by and between the City of Douglas, Wyoming, a Wyoming municipal corporation (“hereinafter referred to as “City”), whose address is 101 N. 4th Street, P.O. Box 1030, Douglas, Wyoming 82633 and hereinafter called the Contractor. WITNESSETH, that the Contractor and the City, for the consideration hereinafter named agree as follows: 1. Scope of Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to provide all of the products and services as described in the Specifications for: Bulk Fuel for City Vehicles, FY2020 made in accordance with the requirements and provisions of the Contract Documents which are hereby a part of the Contract including the following documents which are incorporated by this reference: Call for Bids Instructions to Bidders Notice of Award Bid - Schedule of Prices Specifications General Provisions The work is generally described as follows: Bulk Fuel for City Vehicles, FY2020 2. The Contract Sum a) Except for adjustments as provided herein, the CITY shall pay the CONTRACTOR for the products and services provided, which amount shall be known as the Contract Sum. b) The Contract Sum shall be equitably adjusted to cover changes in the products and services ordered by the CITY. Such increases or decreases in the Contract Sum shall be determined in accordance with the Contract Documents, subject to additions and deductions by written notice to the contract price, as specified in Article II. 3. Pricing and Price Adjustments Rack Price Per Gallon Bidders’ Mark Up Per Gallon Subtotal Bid Per Gallon Sate Total Bid Tax Regular Premium/NL Clear Premium/Diesel Dyed Premium/Diesel ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 8 of 10 a) The price per gallon shall be figured as follows based upon the approved Schedule of Prices as listed above: 1. Contractor’s markup is not adjustable and shall remain firm for the contract period. 2. The Contractor’s cost per gallon (Rack or terminal price) quoted on the proposal is subject to changes by Contractor’s supplier and will be increased and decreased in an amount equal to such changes. 3. It will be required of the CONTRACTOR or CONTACTOR’S suppliers of fuel to furnish to the City of Douglas, Wyoming with a written notice of the date and the amount of such changes. 4. The written notice shall be submitted with each invoice submitted to the City for payment. This notice must include the date, amount, and price charged by the Contractor’s supplier which was used to compute the amount due and owing from the City. 4. Payment Procedures a) CONTRACTOR shall submit Invoices for Payment in accordance with City’s policies and procedures. Invoices will be processed by the City's Representative. 5. Other Specifications a) Contractor’s cost per gallon shall be figured as of July 1, 2019. Bidders’ must furnish with their bid a letter from their supplier indicating bidders’ cost per gallon as of July 1, 2019. b) All fuel furnished shall be a regular product of a recognized and approved refinery and shall be the same product normally supplied for retail sale to the general public. Attached to these specifications is a copy of the amendment to the Wyoming Gasoline Tax Law. c) Certification of compliance to minimum octane ratings shall be supplied with the bid for regular and premium fuel. 6. Area of Delivery a) Fuel furnished shall be delivered to 710 E. Richards Street, the Public Works Annexation building in Douglas, Wyoming, and to the Douglas Landfill, 874 Olds Road, Douglas, Wyoming. All deliveries will require a two-day notice. ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 9 of 10 7. General Provisions a) Amendments. Any changes, modifications, revisions or amendments to this Contract which are mutually agreed upon by the parties to this Contract shall be incorporated by written instrument, executed and signed by all parties to this Contract. b) Applicable Law/Venue. The construction, interpretation and enforcement of this Contract shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Contract and the parties, and the venue shall be the Eighth Judicial District, Converse County, Wyoming. c) Compliance with Laws. Contractor shall keep informed of and comply with all applicable federal, state and local laws and regulations in the performance of this Contract. d) Entirety of Contract. This Contract, including any documents referenced and incorporated herein, represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. e) Ethics. Contractor shall keep informed of and comply with the Wyoming Ethics and Disclosure Act (Wyo. Stat. §9-13-101, et seq.), and any and all ethical standards governing Contractor’s profession. f) Force Majeure. Neither party shall be liable for failure to perform under this Contract if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event and takes all reasonable steps to minimize delays. This provision shall not be effective unless the failure to perform is beyond the control and without the fault or negligence of the nonperforming party. g) Indemnification. Contractor will indemnify, defend and hold harmless parties indemnified under this provision for all Contractors’ acts, actions, and neglects, but we will not indemnify, defend or hold harmless any other party for their acts, actions or negligence. Any claim involving contributory negligence shall be handled so each party is responsible and liable for its share of the damages in proportion to its share of negligence. Both parties waive their rights to consequential damages arising out of this agreement. h) Independent Contractor. Contractor shall function as an independent contractor for the purposes of this Contract and shall not be considered an employee of City for any purpose. Contractor shall assume sole responsibility for any debts or liabilities that may be incurred by Contractor in fulfilling the terms of this Contract and shall be solely responsible for the payment of all federal, state and local taxes which may accrue because of this Contract. Nothing in this Contract shall be interpreted as authorizing Contractor to incur any obligation of any kind on the behalf of City or its staff. Contractor agrees that no health/hospitalization benefits, workers’ ---PAGE BREAK--- City of Douglas Fuel Bid FY2020 Page 10 of 10 compensation and/or similar benefits available to City employees will inure to the benefit of Contractor or Contractor’s agents and/or employees as a result of this Contract. i) Government Immunity. City does not waive sovereign immunity by entering into this Contract and specifically retain immunity and all defenses available to them as sovereigns pursuant to Wyo. Stat. § 1-39-104(a) and all other state law. j) Termination of Contract. This contract may be terminated by either party, for any reason, in accordance with the terms of this Contract upon thirty (30) days written notice. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DOUGLAS (seal) BY: TITLE:Jonathan Teichert, City Administrator ATTEST: CONTRACTOR: (seal) BY: TITLE: End of Section