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City of Douglas Fuel Bid FY2021 Page 1 of 12 BID PROPOSAL AND SPECIFICATIONS SALE OF BULK FUEL FOR CITY OF DOUGLAS VEHICLES & EQUIPMENT CITY OF DOUGLAS PO BOX 1030 101 N. 4th STREET DOUGLAS, WY 82633 (307) 358-3462 PUBLIC WORKS DEPARTMENT 420 WEST GRANT DOUGLAS, WY 82633-2153 (307) 358-9750 ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 2 of 12 TABLE OF CONTENTS Check if Included Document Description X 1. Instructions to Bidders (Legal Advertisement and Detailed Notice) 2. Bid Forms: X a. Bid -Schedule of Prices X b. Signature Page c. Non-Collusion Affidavit d. Bid Bond - Construction e. Bidder’s Checklist 3. General Provisions 4. Supplemental Conditions 5. Wyoming Public Works Standard Specifications – included by reference 6. Special Provisions 7. Drawings 8. Addenda X 9. Notice of Award - General X 10. Agreement Between Owner and Contractor 11. Performance/Contractor's Bond 12. Notice to Proceed 13. Other: ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 3 of 12 INSTRUCTIONS TO BIDDERS November 18, 2020 SECTION ONE INTRODUCTION AND SUMMARY The City of Douglas will be accepting sealed proposals for the purchase and delivery of unleaded gasoline and diesel fuel. The proposal will be for an annual contract that anticipates the purchase of approximately twenty-six thousand, six hundred (26,600) gallons of unleaded fuel, and twenty thousand (20,000) gallons of diesel fuel, to be used in City of Douglas owned and operated vehicles and equipment. 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 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. The successful bidder will be responsible for making application for Federal Tax refunds. SECTION TWO ADVERTISEMENT FOR PROPOSALS FOR THE SALE OF BULK FUEL FOR CITY OF DOUGLAS VEHICLES & EQUIPMENT Sealed proposals for Sale of Bulk Fuel for City Vehicles and Equipment will be received at Douglas City Hall, 101 N. 4th Street, until 2:00 PM MST on December 9, 2020 and then will be publicly opened and read aloud. Any proposals received after the specified date and time will not be accepted or considered. Approved documents may be obtained at Public Works, 420 W. Grant Street, or on the City of Douglas website at www.cityofdouglas.org under the “Bid Postings” tab. Each proposal must be submitted on the provided forms. Proposals may be subject to the Wyoming Preference Act. Mail submitted proposals to the City Clerk, City of Douglas, P.O. Box 1030, Douglas, WY 82633, or deliver to the City Clerk at 101 N. 4th Street, Douglas, WY. To perform public work, the successful applicant, prior to contract award, shall hold or obtain such licenses as required by State Statutes and federal and local laws and regulations. The City of Douglas reserves the right to reject any and all proposals, to waive as an informality any irregularities contained in a proposal, and to accept the proposal that serves the best interests of the City. /s/Chaz Schumacher, City Clerk; Published: November 18th & 25th, 2020, Douglas Budget ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 4 of 12 SECTION THREE FUEL BID SPECIFICATIONS AND PROPOSAL FORM To: Public Works Department 420 West Grant Douglas, WY 82633-2153 We, submit the bid price per gallon. (Corporate name of Firm) For the following to be used in City owned vehicles, beginning on or about February 1, 2021, and ending January 31, 2022. 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. The bidders’ cost per gallon (bidders’ actual cost from his supplier) shall be shown in the column 2. The bidders’ markup (which shall include profit, overhead, labor, freight, etc.) must be shown in column 3. Bidders’ markup is not adjustable and shall remain firm for the contract period. 4. The bidders’ cost per gallon (Rack or terminal price) quoted on the proposal is subject to changes by bidders’ supplier and will be increased and decreased in an amount equal to such changes. 5. It will be required of the successful bidder that he or his suppliers of fuel furnish to the City of Douglas, Wyoming, a written notice of the date and the amount of such changes. 6. The written notice shall be submitted within three days of the date the price change goes into affect. This notice must include the date, amount, old price, and new price. SECTION FOUR AREA OF DELIVERY 1. Fuel furnished shall be delivered to the Public Works Annexation Building, 710 E. Richards Street, and to the Douglas Landfill, 874 Olds Road, both in Douglas, Wyoming. ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 5 of 12 2. All deliveries shall be made on weekdays between the hours of 7:00 a.m. and 4:00 p.m. unless otherwise directed by the Public Works Director. 3. Deliveries shall be made within twenty-four (24) hours of notification. 4. The successful bidder shall be directly responsible for any and all delivery charges. The above proposal is submitted in exact conformity with the City of Douglas’ specifications. If awarded a contract, we agree to abide by all the laws, rules and regulations as required by the City of Douglas and the State of Wyoming. Signature: Date: Printed Name/Title: Company Name: Mailing Address: City/State/ZIP: Telephone: Email: ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 6 of 12 SIGNATURE PAGE 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: By: Address: By: Address: (Each member of the joint venture must sign; attach additional sheet if necessary.) ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 7 of 12 CITY OF DOUGLAS, WYOMING NOTICE OF AWARD SALE OF BULK FUEL Name of Company Attention To Mailing Address City/State/ZIP Project (as it appears on Bid documents) Contract Price The Owner has considered the proposal submitted by you as described above in response to its advertisement for bids dated November 18th & 25th, 2020. You are hereby notified that your proposal has been accepted for item(s) advertised in the amount of: 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 $ $ $ $ You are required, as set forth in the bid specifications, to execute any required documentation within ten (10) days from the date of this notice and return to the Owner. Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default, to annul this Notice of Award, and to declare your bid security forfeited. Other conditions or precedents, if any: ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 8 of 12 Dated this day of , 20 . CITY OF DOUGLAS, OWNER ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged. By: By: SIGNATURE SIGNATURE Name/Title: Jonathan Teichert, City Admin. Printed Name: Title: Please sign and send back to: City of Douglas, Attn: City Clerk, P.O. Box 1030, Douglas, WY 82633 ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 9 of 12 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT, made on the (day) of (month/year) by and between the City of Douglas, Wyoming, party of the first part hereinafter called the Owner, and (contractor) party of the second part, hereinafter called the Contractor. WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter named agree as follows: ARTICLE I - SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the described in the specifications for (project description): The purchase and delivery of unleaded gasoline and diesel fuel; for an annual contract that anticipates the purchase of approximately twenty-six thousand six hundred (26,600) gallons of unleaded fuel, and twenty thousand (20,000) gallons of diesel fuel, to be used in City of Douglas owned and operated vehicles and equipment; and delivered to 710 E. Richards St. and 874 Olds Road, Douglas, WY. and other additional work to be 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: Check if Included Document Description 14. Proposal Instructions and Summary (Legal Advertisement and Detailed Notice) 15. Bid Forms: X f. Bid -Schedule of Prices X g. Signature Page h. Non-Collusion Affidavit i. Bid Bond - Construction j. Bidder’s Checklist 16. General Provisions 17. Supplemental Conditions 18. Wyoming Public Works Standard Specifications – included by reference 19. Special Provisions 20. Drawings 21. Addenda X 22. Notice of Award - General X 23. Agreement Between Owner and Contractor 24. Performance/Contractor's Bond X 25. Notice to Proceed 26. Other: The work is generally described as follows (detailed project description): Sale of Bulk Fuel for City Equipment and Vehicles ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 10 of 12 ARTICLE II - THE CONTRACT SUM 1. Except for adjustments as provided herein, the Owner shall pay the Contractor for the performance of the work, the unit price bid in the proposal, which amount shall be known as the contract sum. 2. The contract sum shall be equitably adjusted to cover changes in the work ordered by the Owner. Such increases or decreases in the contract sum shall be determined by agreement between the Owner and the Contractor as outlined in these specifications. 3. Owner shall pay Contractor in current funds for performance of the work in accordance with the contract documents the contract price of values based on the unit and lump sum pries listed in the bid schedule. ARTICLE III - PAYMENT PROCEDURES 1. Contractor shall submit Invoices for Payment in accordance with City’s policies and procedures. Invoices will be processed by the City's Representative. ARTICLE IV – OTHER SPECIFICATIONS 1. Contractor’s cost per gallon shall be figured as of November 1, 2020. Contractor’s must furnish with their bid a letter from their supplier indicating bidders’ cost per gallon as of November 1, 2020. 2. 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. 3. Certification of compliance to minimum octane ratings shall be supplied with the bid for regular and premium fuel. ARTICLE V – AREA OF DELIVERY 1. Fuel furnished shall be delivered to the Public Works Annexation Building, 710 E. Richards Street, and to the Douglas Landfill, 874 Olds Road, both in Douglas, Wyoming. 2. All deliveries shall be made on weekdays between the hours of 7:00 a.m. and 4:00 p.m. unless otherwise directed by the Public Works Director. 3. Deliveries shall be made within twenty-four (24) hours of notification. 4. The successful bidder shall be directly responsible for any and all delivery charges. 5. Any State, Local or Federal Excise Taxes shall be paid for by the vendor. It will be the duty of the vendor to apply for and request any refunds from the government where these taxes are concerned. ARTICLE VI - GENERAL PROVISIONS ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 11 of 12 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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’ 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. ---PAGE BREAK--- City of Douglas Fuel Bid FY2021 Page 12 of 12 9. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. CITY OF DOUGLAS – OWNER ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged. By: By: SIGNATURE SIGNATURE Name/Title: Jonathan Teichert, City Admin Printed Name: Title: Please sign and send back to: City of Douglas, Attn: City Clerk, P.O. Box 1030, Douglas, WY 82633