8724-0-2018-BP Metro Fuel.pdf

CITY OF MADISON

REQUEST FOR BIDS

RFB #: 8724-0-2016-BP

Title: Metro Fuel Services

City Agency: Metro

Due Date: Tuesday, July 10, 2018

10:00 AM CST

REQUEST FOR BIDS RFB # 8724-0-2016-BP

Page i

Table of Contents

1 NOTICE TO BIDDERS

1.1 Summary

1.2 Important Dates

1.3 Format

1.4 Labeling

1.5 Delivery of Bids

1.6 Appendix A: Standard Terms & Conditions

1.7 Appendix B: Sample Contract for Purchase of Services

1.8 Multiple Bids

1.9 City of Madison Contact Information

1.10 Inquiries, Clarifications, and Exceptions

1.11 Addenda

1.12 Bid Distribution Networks

1.13 Local Vendor Preference

1.14 Oral Presentations/Site Visits/Meetings

1.15 Acceptance/Rejection of Bids

1.16 Withdrawal or Revision of Bids

1.17 Non-Material and Material Variances

1.18 Public Records

1.19 Usage Reports

1.20 Partial Award

1.21 Tax Exempt

1.22 Cooperative Purchasing

1.23 Bidders Responsibility

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Contract Term

2.2 Quantities

2.3 Escalation / De-Escalation Prior to Award

2.4 Award

2.5 Taxes & Inspection Fee

2.6 Split Loads

2.7 Multiple Drop Charge

2.8 Demurrage

2.9 Award

2.10 Start of Contract

2.11 Fuel Specifications

2.12 Ability to Supply Fuel as Specified

2.13 Availability of Fuel

2.14 Notification

2.15 Delivery

2.16 Facility Information

2.17 Invoices

2.18 Administration and Correspondence

2.19 Assignment of Contract

2.20 Failure to Deliver

2.21 Termination for Default

2.22 Performance Bond

2.23 Materials Inspection and Responsibility

2.24 Compliance with Specifications

2.25 Warranty

2.26 Insurance

2.27 Reporting Requirement

2.28 The New York Mercantile Exchange (NYMEX)

Page ii

2.29 Procurement Protest Procedure

2.31 Diesel Fuel Reference

3 REQUIRED INFORMATION AND CONTENT OF BIDS

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Fee Proposal

Form E: References

Form F: List of Suppliers

Appendix A: Standard Terms & Conditions

Appendix B: Contract for Purchase of Services

Appendix C: Sample Performance Bond

Appendix D: Diesel Fuel Reference Guide

1 NOTICE TO BIDDERS

1.1 Summary

The City of Madison Metro (“City”) is soliciting Bids from qualified vendors for Metro Fuel Services.

Vendors submitting Bids (“Bidders”) are required to read this Request for Bids (“RFB”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

Deliver Bids no later than the due time and date indicated below. The City will reject late Bids:

Issue Date: Wednesday, June 27, 2018 Due Date: Tuesday, July 10, 2018, 10:00 AM CST

1.3 Format

Please submit all bids electronically through email.

Elaborate Bids (i.e., expensive artwork) beyond that sufficient to present a complete and effective Bid, are not necessary or desired.

Complete and return Forms A through F to City of Madison Purchasing Services by Tuesday, July 10, 2018, 10:00 AM CST.

1.4 Labeling

All Bids must be clearly labeled:

Bidder’s Name and Address

RFB #: 8724-0-2016-BP

Title: Metro Fuel Services Due: Tuesday, July 10, 2018, 10:00 AM CST

All email correspondence must include RFB #8724-0-2016-BP in the subject line.

1.5 Delivery of Bids

Delivery of electronic copy to: via email to bids@cityofmadison.com

Bids must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

1.6 Appendix A: Standard Terms & Conditions

Bidders are responsible for reviewing this attachment prior to submission of their Bids. City of Madison Standard Terms and Conditions are the minimum requirements for the submission of Bids.

1.7 Appendix B: Sample Contract for Purchase of Services

Bidders are responsible for reviewing this attachment prior to submission of their Bids. The Sample Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFB. The terms of this template contract shall become contractual obligations following award of the RFB. By submitting a Bid, Bidders affirm their willingness to enter into a contract containing these terms.

1.8 Multiple Bids

Multiple Bids from Bidders are permitted; however, each must fully conform to the requirements for submission. Bidders must sequentially label (e.g., Bid #1, Bid #2) and separately package each Bid.

Bidders may submit alternate pricing schemes without having to submit multiple Bids.

1.9 City of Madison Contact Information

The City of Madison Purchasing Services administers the procurement function:

Brian Pittelli Purchasing Services City-County Bldg, Room 407 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703-3346

PH: (608) 267-4969

FAX: (608) 266-5948

bpittelli@cityofmadison.com

For questions regarding Affirmative Action Plans please contact:

Contract Compliance Department of Civil Rights City-County Bldg., Room 523 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

The City employs spam filtering that occasionally blocks legitimate emails, holding them in ‘quarantine” for four calendar days. The contacts listed in this RFB will acknowledge all emails received. Bidders not receiving acknowledgement within twenty-four hours shall follow-up via phone with specific information identifying the originating email address for message recovery.

1.10 Inquiries, Clarifications, and Exceptions

Bidders are to raise any questions they have about the RFB document without delay. Direct all questions, in writing, to the Purchasing Services administrator listed in Section 1.9.

Bidders finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB document shall immediately notify the Buyer and request clarification. In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda – see 1.11 below. Bidders are strongly encouraged to check for addenda regularly.

Bids should be as responsive as possible to the provisions stated herein. A prospective vendor may take “exception” to bid terms, conditions, specifications and dates stated within the bid package. However, the City of Madison reserves the right to disqualify any and all bids submitted which include exceptions, if deemed not in the City’s best interests.

1.11 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda to its Bids distribution websites – see 1.12 below. It is the Bidders responsibility to regularly monitor the websites for any such postings. Bidders must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

1.12 Bid Distribution Networks

The City of Madison posts all Request for Bids, addenda, tabulations, awards and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the Bidders responsibility to regularly monitor the bid distribution network for any such postings. Bidders failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Bidders.

State of Wisconsin VendorNet System:

State of Wisconsin and local agencies bid network. Registration is free.

http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access Bids from the City of Madison and other Wisconsin agencies, participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in

WAPP.

Bid Opportunities: www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm

Home Page: www.demandstar.com

To Register: www.onvia.com/WAPP

1.13 Local Vendor Preference

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website: www.cityofmadison.com/business/localPurchasing.

1.14 Oral Presentations/Site Visits/Meetings

Bidders may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFB process. Such presentations, meetings or site visits will be at the Bidders expense.

1.15 Acceptance/Rejection of Bids

The City reserves the right to accept or reject any or all Bids submitted, in whole or in part, and to waive any informalities or technicalities, which at the City's discretion is determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any Bidder responding to this request. The City expressly reserves the right to reject any and all Bids responding to this invitation without indicating any reasons for such rejection(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

1.16 Withdrawal or Revision of Bids

Bidders may, without prejudice, withdraw Bids submitted prior to the date and time specified for receipt of Bids by requesting such withdrawal before the due time and date of the submission of Bids. After the due date of submission of Bids, no Bids may be withdrawn for a period of 90 days or as otherwise specified or provided by law. Bidders may modify their Bids at any time prior to opening of Bids.

1.17 Non-Material and Material Variances

The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion of the City.

1.18 Public Records

Bidders are hereby notified that all information submitted in response to this RFB may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws. Information qualifying as a “trade secret”defined in State of Wisconsin Statutesmay be held confidential.

Bidders shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).

s. 134.90(1)(c)

(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advance notice to Bidders prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of Bids from public viewuntil such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all Bids will be available for review in accordance with such laws.

1.19 Usage Reports

Annually, the successful Bidders shall furnish to City Purchasing usage reports summarizing the ordering history for each department served during the previous contract year. The report, at a minimum, must include each and every item or service ordered during the period, its total quantities and dollars by item/service and in total. The City reserves the right to request usage reports at any time and request additional information, if required, when reviewing contract activity.

1.20 Partial Award

Unless otherwise noted, it will be assumed that Bidders will accept an order for all or part of the items/services priced.

1.21 Tax Exempt

The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration Number 39-73-0411-K) and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005507. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42916.

1.22 Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district; board of school directors; sewer district; drainage district; vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis;

they are made solely between the bidders and third party unit of government.

1.23 Bidders Responsibility

Bidders shall examine this RFB and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Bidders to fulfill the requirements of the resulting contract.

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Contract Term

The City of Madison Metro Services is requesting one option for No. 2 Ultra Low Sulfur Diesel Fuel.

1. A fixed price contract for 1,344,000 gallons (32 futures) beginning approximately January 1, 2019 through December 31, 2019.

2.2 Quantities

See 2.1 Contract Term, above.

2.3 Escalation / De-Escalation Prior to Award

Unleaded and diesel bid prices escalate and de-escalate with the New York Mercantile Exchange, NEW YORK HARBOR ULSD (NYMEX:HO), until such time of notification of award. At that time, the price of the contract is fixed for the entire quantity specified in the contract. The selected Bidder will be required to provide both proof of settlement price and the purchase price at the time the futures are bought.

It is the intent of the City to make the award no later than 4:00PM on Tuesday, July 10, 2018.

2.4 Award

The bid may result in the following:

The City makes no award The City makes an award The City and Bidder negotiate, if both parties are agreeable

2.5 Taxes & Inspection Fee

All tax, use tax, imposts, revenues, excise, or other taxes which are or may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the Bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.

2.6 Split Loads

The City reserves the right to split a transport load (i.e. same truck, two products). Indicate the additional charge/discount on Bid Form D: Bid Sheet.

2.7 Multiple Drop Charge

Indicate the additional charge/discount for multiple drops (i.e. split delivery points) on Bid Form D: Bid Sheet.

2.8 Demurrage

Indicate the additional charge/discount demurrage, waiting greater than one hour to unload, on Bid Form D: Bid Sheet.

2.9 Award

Due to market volatility, the bid award will be made as close to the bid due date and time as possible.

Additionally, the City reserves the right to make separate awards, one for each type of fuel.

2.10 Start of Contract

Formal confirmation of the contract shall come with the issuance of a signed purchase order.

2.11 Fuel Specifications

The fuel provided must meet the current, applicable, minimum standards of the American Society of Testing and Materials (ASTM) and meet current EPA regulations, for each fuel type. Specifications for the products quoted must accompany bids and include the brand and trade names under which they are sold. Products quoted must have the same specifications as those normally sold by the vendor.

2.12 Ability to Supply Fuel as Specified

Bidders must demonstrate their ability to provide the fuel specified by completing Bid Form F: List of Suppliers. For each supplier provide a company name and address along with the name and telephone number of the contact person. If requested by the City, Bidders must present within two (2) working days, satisfactory evidence of their; performance ability, possession of necessary facilities, financial resources, adequate insurance and any other resources required for the City to determine the bidder’s ability to comply with the terms of these specifications.

2.13 Availability of Fuel

The City requires the successful bidder to maintain a thirty (30) day inventory of fuel for the City, at all times, and guarantee the availability of all fuel types under this contract during the contract period.

Furthermore, the successful bidder must provide emergency fuel deliveries upon an eight (8) hour notice.

2.14 Notification

The selected Bidder must notify the City Purchasing and Metro Services contacts, at the time when the remaining fuel contract quantity reaches 20% of the original amount.

2.15 Delivery

All fuel shipped to Metro of Madison must be shipped F.O.B. Madison, WI. Metro Transit has a single point of delivery; Madison, Metro Maintenance and Administration Facility, 1101 East Washington Avenue, Madison, WI 53703-3052.

Metro will not accept truck deliveries earlier than 7:30 a.m., later than 2:00 p.m., or on weekends or holidays. Coordinate all deliveries for Metro transit with Jim Fink at (608) 575-8259. If Jim is not available, please contact Jeff Butler at (608) 622-9418. Furnish a Bill of Lading or Manifest to the City of Madison, Metro transit Division on all deliveries. This document must include the name of the supplier and the number of gallons delivered.

2.16 Facility Information

Fuel is stored in four (4) underground 15,000-gallon tanks. At least three (3) of the tanks hold #2 ULSD.

2.17 Invoices

Invoices must be sent to the City of Madison, Accounting Division, 210 Martin Luther King, Jr. Blvd. - Room 406, Madison, WI 53703-3345. Invoices must bear contract release number as issued. Invoices must not cover more than one order or release number. Invoicing will be for gross gallons delivered.

2.18 Administration and Correspondence

Bidders must provide names of the primary and alternate representatives, who will have management responsibility for the total contract effort, receive and act on technical matters, and to resolve problems of a contractual nature. (See Bid Form C: Vendor Profile.)

2.19 Assignment of Contract

The selected Bidder shall not assign, sublet, sell, transfer, pledge, or otherwise dispose of the contract or any portion thereof, or its rights, title, or interests therein, without the prior written approval of the City.

2.20 Failure to Deliver

Time is an essential element of this contract. If the Contractor (Contractor is defined as the successful bidder, who was awarded the bid, and has executed an agreement with the City) fails for any reason to complete a delivery in accordance with all requirements of the bid documents, it is hereby agreed that the City shall have the right to purchase fuel from another supplier. Deliveries shall be made as specified in 2.16 Delivery and the purchase order.

2.21 Termination for Default

If the agreement is terminated in whole or in part for default, the City may procure from another vendor supplies or services similar to those so terminated. The Bidder shall be liable to the City for any excess costs for fuel or services, and shall continue the performance of this contract to the extent not terminated.

2.22 Performance Bond

The City requests Bidders provide a quote for a performance and payment bond covering 25% of the fixed contract amount as security for the faithful performance of this contract. If the City chooses to purchase a performance bond the Bidder shall furnish the required bond within 30 days of award. A sample of a performance bond is listed in Appendix C.

2.23 Materials Inspection and Responsibility

The City shall have a right to inspect any materials to be used in carrying out this contract.

2.24 Compliance with Specifications

The fuel furnished under this contract shall fully comply with the provided specifications. As it deems necessary, Metro will test the fuel for compliance with the specifications. If independent testing determines that the fuel does not comply with the specification it would be cause for breach of contract.

At Metro’s option, the Bidder shall replace fuel found not in compliance with the specifications at no additional cost.

For every delivery prior to discharging fuel:

1. The driver must bring the bill of lading to the parts department.

2. The driver must put a sample in a clear plastic bottle for inspection.

Failure to do so may result in a forfeiture of contract.

2.25 Warranty

The Bidder shall be responsible for satisfactory performance of their fuel and provide engineering service to handle any and all problems associated with the delivery and performance of their products.

The Bidder, by entering into a contract with Metro, warrants and represents that the fuel delivered to Metro pursuant to the contract conforms to all of the specifications contained or referred to herein, and further guarantees to replace immediately all fuel which may be rejected by Metro that does not conform to the aforementioned specifications.

2.26 Insurance

Bidders must provide evidence that they have the insurance coverage, or the ability to obtain said coverage, as required in Attachment A: City of Madison Standard Terms and Conditions - Section 25, "Insurance.”

2.27 Reporting Requirement

The successful contractor will be required to provide quarterly reports showing the following information: Delivery Date, Type of Fuel, Number of Gallons, Price per Gallon + Adjustment, Total Cost, and Running Total Number of Gallons delivered.

2.28 The New York Mercantile Exchange (NYMEX)

The New York Mercantile Exchange, Inc. is the world's largest physical commodity futures exchange and the preeminent trading forum for energy and precious metals.

2.29 Procurement Protest Procedure

In accordance with USDOT/FTA Circular 4220.1E, the City of Madison – Metro Transit has a written procurement protest procedure, which is available upon request from the City of Madison, Metro Transit, Finance Manager. Protests against Metro's responses to requests for approved equals and/or exceptions, unclear or restrictive specifications, the procurement process, alleged improprieties, etc.

must be submitted in writing, in accordance with said procedure.

Potential bidders are encouraged to contact Metro Transit to discuss bid specifications; however, doing so does not relieve the bidder from any requirements in Metro's Procurement Protest Procedure.

2.31 Diesel Fuel Reference

Vendors are required to provide fuel meeting specifications outlined in Appendix D.

3 REQUIRED INFORMATION AND CONTENT OF BIDS

a. Form A – Signature Affidavit

b. Form B – Receipt Forms and Submittal Checklist

c. Form C – Contractor Profile Information

d. Form D – Fee Proposal

e. Form E – References

f. Form F – List of Suppliers

Rev. 07/20/2015-8724-0-2018-BP Form A Signature Affidavit.doc

Form A: Signature Affidavit

RFP #: 8724-0-2018-BP Metro Fuel Services

This form must be returned with your response.

In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise take any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Proposals, that Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals to any other Proposers or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this Proposals, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposals, declares that the attached Proposals and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

Proposers shall provide the information requested below. Include the legal name of the Proposers and signature of the person(s) legally authorized to bind the Proposers to a contract.

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

Rev. 07/20/2015-8724-0-2018-BP Form B Receipt.doc

Form B: Receipt of Forms and Submittal Checklist

This form must be returned with your response.

Proposers hereby acknowledge the receipt and/or submittal of the following forms:

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Fee Proposal

Form E: References

Form F: List of Suppliers

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Appendix C: Sample Performance Bond N/A

Appendix D: Diesel Reference Guide N/A

Addendum #

Addendum #

Addendum #

VENDOR NAME

Rev. 07/20/2015-8724-0-2018-BP Form C Vendor Profile.doc

Form C: Vendor Profile

This form must be returned with your response.

COMPANY INFORMATION

COMPANY NAME (Make sure to use your complete, legal company name.)

FEIN (If FEIN is not applicable, SSN collected upon award) CONTACT NAME (Able to answer questions about proposal.) TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

AFFIRMATIVE ACTION CONTACT

The successful Contractor, who employs more than 15 employees and whose aggregate annual business with the City for the calendar year, in which the contract takes effect, is more than twenty-five thousand dollars ($25,000), will be required to comply with the City of Madison Affirmative Action Ordinance, Section 39.02(9) within thirty (30) days of award of contract.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

ORDERS/BILLING CONTACT

Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

LOCAL VENDOR STATUS

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website.

CHECK ONLY ONE:

Yes, we are a local vendor and have registered on the City of Madison website under the following category: www.cityofmadison.com/business/localPurchasing

No, we are not a local vendor or have not registered.

Rev. 07/20/2015-8724-0-2018-BP Form D Fee Proposal.doc

Form D: Fee Proposal

RFB #: 8724-0-2018-BP Metro Fuel Services

All Inclusive – Covers all direct and indirect necessary expenses including but not limited to;

travel, telephone, copying and other out-of-pocket expenses.

Not To Exceed – The actual fees shall not exceed the amount specified in fee proposal.

Fixed Fee – All prices, rates, fees and conditions outlined in the proposal shall remain fixed and valid for the entire length of the contract and any/all renewals.

Diesel prices for the fixed contract escalate and de-escalate with the January 2019 Contract on the New York Mercantile Exchange NEW YORK HARBOR ULSD (NYMEX:HO) until such time of notification of award.

Rev. 07/20/2015-8724-0-2018-BP Form D Fee Proposal.doc

OPTION #1

A fixed price contract resulting from this bid will be effective until the successful bidder has delivered the total number of gallons specified in the bid to the City (1,344,000 gallons (32 futures) of No. 2 Ultra Low Sulfur Diesel Fuel). The contract period will begin January 1, 2019 and is estimated to end December 31, 2019.

Fixed Price: Diesel Futures

Line Description Amount

A Base Bid, Ultra Low Sulfur No. 2 Diesel, 1,344,000 gallons (thirty-two futures)

$__________/Gal.

B State of Wisconsin Excise Tax ($0.309/Gal.)

$ EXEMPT /Gal.

C State of Wisconsin Petroleum Inspection Fee ($0.02/Gal.)

$ 0.020/Gal.

D LUST Tax ($0.00214/Gal.) $ 0.00214/Gal.

E Federal Excise Tax ($0.184/Gal.) $ EXEMPT /Gal.

F Sales Tax = 5.5% $ EXEMPT /Gal.

G Total Invoice Amount (=A+B+C+D)

$ __________/Gal.

Additives - Diesel Line Description Amount

H

Winter Additive (for –20°F)

= G

I

Split Delivery

$__________/Per Split Load

J

Multiple Drop

Additional Drop

K

Demurrage

Hour after 1 hour of wait time

NYMEX - Diesel

L Ultra Low Sulfur No. 2 Diesel (January 2019 contract - NEW YORK HARBOR ULSD (NYMEX:HO) at settlement 7/9/18)

Performance Bond

M Performance Bond to cover 25% of the fixed amount(invoice amount per gal. x number of gallons, for diesel)

Rev. 07/20/2015-8724-0-2018-BP Form E References.doc

Form E: References

This form must be returned with your response.

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #3 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

Rev. 07/20/2015-8724-0-2018-BP Form F List of Suppliers.doc

Form F: List of Suppliers

Supplier #1 Company Name

Contact Name

Title

Telephone

Fax

Email

Address

City State Zip

Notes

Supplier #2

Fax

8724-0-2018-BP Form F List of Suppliers.doc

Supplier #3

Fax

Supplier #4

Fax

STC 5.1.18.docx Page 1

CITY OF MADISON

(STC-Form: 05/01/2018)

1. General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal," "invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.

As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this

Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A and a Separate Contract, the terms and conditions of the Separate Contract shall control.

I. TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.

3. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including all addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to ful ly complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. If an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into fnbjp Text Box Appendix A

STC 5.1.18.docx Page 2 account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City, or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present within five (5) working days evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.

11. Cancellation.

a. The City reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

b. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall continue unremedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all other rights and remedies which it may have, terminate the Agreement and all rights of the Bidder under the Agreement.

c. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for contract termination. If the Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel and terminate the contract without notice.

II. CONDITIONS OF PURCHASE: The following section applies to purchases/contracts after the award. See Paragraphs 1 & 2 for applicability and order of precedence.

12. Specifications.

a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these specifications must be noted on your bid.

b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection of their bid/proposal.

13. Regulatory Compliance.

a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum standards as stated above for the equipment/products furnished under this contract.

14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for ninety (90) days from the date of receipt. If bidder or manufacturer offers warranty that exceeds 90 days, such warranty shall prevail.

15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will disqualify your bid.

16. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to twenty-one (21) calendar days from date of receipt, with the City paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet, your return policy.

17. Payment Terms and Invoicing. The City will pay properly submitted vendor invoices within thirty (30) days of receipt, providing good and/or services have been delivered, installed (if required), and accepted as specified.

a. Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

b. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including reference to purchase order and submittal to the correct address for processing. Invoice payment processing address is shown on the upper middle section of the purchase order. Send invoices to Accounts Payable address on the purchase order. Do not send invoices to Purchasing or ship to address.

c. Bidders, proposers shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

d. Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

18. F.O.B. Destination Freight Prepaid. Unless otherwise agreed in writing, the vendor shall bear all handling, transportation and insurance charges. Title of goods shall pass upon acceptance of goods at the City’s dock.

19. Tax Exemption. The City of Madison is exempt from the payment of Federal Excise Tax and State Sales Tax. The City Tax Exempt number is ES 42916. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are now, or which may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.

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20. Affirmative Action.

A. The following language applies to all successful bidders employing fifteen (15) or more employees (MGO 39.02(9)(c):

The Contractor agrees that, within thirty (30) days after the effective date of this Contract, Contractor will provide to the City of Madison Department of Civil Rights (the “Department”), certain workforce utilization statistics, using a form provided by the City.

If the Contract is still in effect, or if the City enters into a new Agreement with the Contractor, within one year after the date on which the form was required to be provided, the Contractor will provide updated workforce information using a second form, also to be furnished by the City.

The second form will be submitted to the Department no later than one year after the date on which the first form was required to be provided.

The Contractor further agrees that, for at least twelve (12) months after the effective date of this Contract, it will notify the Department of each of its job openings at facilities in Dane County for which applicants not already employees of the Contractor are to be considered. The notice will include a job description, classification, qualifications, and application procedures and deadlines, shall be provided to the City by the opening date of advertisement and with sufficient time for the City to notify candidates and make a timely referral. The Contractor agrees to interview and consider candidates referred by the Department, or an organization designated by the Department, if the candidate meets the minimum qualification standards established by the Contractor, and if the referral is timely. A referral is timely if it is received by the Contractor on or before the date stated in the notice.

The Department will determine if a contractor is exempt from the above requirements (Sec. 20.A.) at the time the Request for Exemption in 20.B.(2) is made.

B. Articles of Agreement, Request for Exemption, and Release of Payment:

The “ARTICLES OF AGREEMENT” beginning on the following page, apply to all contractors, unless determined to be exempt under the following table and procedures:

NUMBER OF EMPLOYEES

LESS THAN $25,000

Aggregate Annual Business with the City*

$25,000 OR MORE

Aggregate Annual Business with the City*

14 or less Exempt** Exempt**

15 or more Exempt** Not Exempt

*As determined by the Finance Director **As determined by the Department of Civil Rights

(1) Exempt Status: In this section, “Exempt” means the Contractor is exempt from the Articles of Agreement in section 20.B.(5) of this Contract and from filing an Affirmative Action plan as required by Section IV of the Articles of Agreement. The Department of Civil Rights (“Department”) makes the final determination as to whether a contractor is exempt. If the Contractor is not exempt, sec. 20.B.(5) shall apply and Contractor shall select option A. or B. under Article IV therein and file an Affirmative Action Plan.

(2) Request for Exemption – Fewer Than 15 Employees: (MGO 39.02(9)(a)2.) Contractors who believe they are exempt based on number of employees shall submit a Request for Exemption on a form provided by the Department within thirty (30) days of the effective date of this Contract.

(3) Exemption – Annual Aggregate Business: (MGO 39.02(9)(a)c.): The Department will determine, at the time this Contract is presented for signature, if the Contractor is exempt because it will have less than $25,000 in annual aggregate business with the City in the calendar year. CONTRACTORS WITH 15 OR MORE EMPLOYEES WILL LOSE THIS EXEMPTION AND BECOME SUBJECT TO SEC. 20.B.(5) UPON REACHING $25,000 OR MORE ANNUAL AGGREGATE BUSINESS WITH THE CITY WITHIN THE

CALENDAR YEAR.

(4) Release of Payment: (MGO 39.02(9)(e)1.b.) All non-exempt contractors must have an approved Affirmative Action plan meeting the requirements of Article IV below on file with the Department within thirty (30) days of the effective date of this Contract and prior to release of payment by the City. Contractors that are exempt based on number of employees agree to file a Request for Exemption with the Department within thirty (30) days of the effective date and prior to release of payment by the City.

(5) Articles of Agreement:

ARTICLE I

The Contractor shall take affirmative action in accordance with the provisions of this Contract to insure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national origin and that the employer shall provide harassment-free work environment for the realization of the potential of each employee. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship insofar as it is within the control of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants notices to be provided by the City setting out the provisions of the nondiscrimination clauses in this Contract.

ARTICLE II

The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractors state that all qualified or qualifiable applicants will be employed without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national origin.

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ARTICLE III

The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining Agreement or other Contract or understanding a notice to be provided by the City advising the labor union or workers representative of the Contractor's equal employment opportunity and affirmative action commitments. Such notices shall be posted in conspicuous places available to employees and applicants for employment.

ARTICLE IV

(This Article applies to non-public works contracts.)

The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Madison (MGO 39.02) including the Contract compliance requirements. The Contractor warrants and certifies that one of the following paragraphs is true (check one):

A. Contractor has prepared and has on file an affirmative action plan that meets the format requirements of Federal Revised Order No, 4, 41 CFR part 60-2, as established by 43 FR 51400 November 3, 1978, including appendices required by City of Madison ordinances or it has prepared and has on file a model affirmative action plan approved by the Madison Common Council.

B. Within thirty (30) days after the effective date of this Contract, Contractor will complete an affirmative action plan that meets the format requirements of Federal Revised Order No. 4, 41 CFR Part 60-2, as established by 43 FR 51400, November 3, 1978, including appendices required by City of Madison ordinance or within thirty (30) days after the effective date of this Contract, it will complete a model affirmative action plan approved by the Madison Common Council.

C. Contractor believes it is exempt from filing an affirmative action plan because it has fewer than…