Department of Finance Tel (914) 654-2072 515 North Avenue Fax (914) 654-2344 New Rochelle, NY 10801 Writer's Tel (914) 654-2353 Howard Rattner Commissioner City of New Rochelle New York REQUEST FOR QUOTATION To: All Prospective Bidders BID SPEC No. 5071 For DATE SENT: April 20, 2015 Supply and Deliver Marine Grade Fuel DATE DUE: May 6, 2015 NOTE: Bids are due by 3:00 p.m. No late bids will be accepted! Respond to: City of New Rochelle Purchasing Office/Dept of Finance 515 North Ave. New Rochelle, N.Y. 10801 INSTRUCTION FOR RESPONDING TO THIS BID 1. Vendors interested in bidding on the referenced items should read the entire document. The vendor must complete all sections of this document including the VENDOR DATA SECTION and sign where indicated. Your signature identifies your acceptance of all terms and conditions herein. 2. All vendors must fill in the prices being requested in the places and formats indicated. All blank spaces in said bid shall be filled in and no changes shall be made in the phraseology, or in the items, terms and conditions contained therein. 3. Completed bids shall be mailed to the address indicated at the top of this page. Only sealed bids received hard copy will be considered. Faxed or emailed bids are NOT PERMITTED. 4. Please indicate the bid specification number and due date on the outside of your submitted bid mailing envelope. 5. The City of New Rochelle is a sponsor of the Westchester Affirmative Action Equal Employment Agreement and encourages all minorities to submit bids. Firms qualified and certified as Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) are strongly encouraged to submit bids.
Instructions, Terms and Conditions, Spec. #5071 1. Submission of Bids Each bid must be in a separate sealed envelope, clearly labeled with vendor name, bid number and due date and addressed to City of New Rochelle, Department of Finance-Purchasing Office, City Hall, New Rochelle, New York 10801. All bids must be properly signed and received by the time and date specified in order to be valid. 2. Award of Bids Awards will be made, if at all, to the "lowest responsible bidder" meeting the specifications. The City reserves the right to reject any and all bids or portion thereof, or any bids that are vague, incomplete or indefinite. 3. Withdrawal of Bids The submission of the bid proposal shall constitute an irrevocable offer which shall remain in full force and effect until the bid proposals received by the City are either accepted or rejected. Proposals may be withdrawn at any time prior to the bid opening. 4. Bid Deposits Bid deposits, if required, will be returned to unsuccessful bidders after the bid has been awarded. A successful bidder's deposit will be returned after a written contract has been executed, or after a performance bond, if required, has been accepted by the City. 5. Bid Format Bidders are advised to become familiar with all conditions, instructions and specifications governing this bid. Once the award has been made, failure to have read all the conditions, instructions and specifications shall not be cause to alter the original bid. All bids must be priced per unit specified in the bid specifications or on the bid form submitted, and must be signed and dated. In the event of a discrepancy between the unit price and extension, the unit price will govern. No exceptions will be allowed with regard to errors made in the computation of a bid. Purchases by the City of New Rochelle are not subject to any federal, state or local taxes. Do not include any of these taxes when bidding or invoicing. Exemption certificates will be furnished upon request. 6. Substitutions Any deviation from specifications or indicated brand shall be clearly stated and fully explained by accompanying specification sheets with submitted bid. Samples shall be supplied by the vendor, at no charge to the City, upon request. The City reserves the right to accept equals approved by it. If exception to indicated brand is not noted, bidder is required to deliver brand specified. 7. Delivery of Product All delivery are to be considered inside delivery to locations as specified by the authorized City agent. All items must be guaranteed against faulty material and workmanship and delivered as such. Deliveries of incorrect or faulty items will be rejected and returned at vendors expense. Failure to deliver within the specified time maybe cause for cancellation of the order. 8. Shipping Terms Shipping terms will be considered F.O.B. Destination and without charge for containers, packing, etc., unless specified on the bid and the cost thereof quoted. 9. Payment Terms The City of New Rochelle shall pay invoices at net 30 days after receipt of invoice and of material; whichever is later, unless alternate terms are indicated on the bid. 10. Collusion Clause By submission of this bid, each bidder and each person signing on behalf of any bidder certified, and in the case of a joint bid, each party thereto as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: A. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor; and B. unless otherwise requires by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and C. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. The bidder certifies that this bid is made without any connection with any other person making a bid for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other officer or employee or person whose salary is payable in whole or in part from the city treasury is directly or indirectly interested therein, or in supplies materials and equipment to which it relates, or in any portion of the profits thereof. 11. The City of New Rochelle is a sponsor of the Westchester Affirmative Action Equal Employment Agreement and encourages all minorities to submit bids. Firms qualified and certified as Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) are strongly encouraged to submit bids. 2
Price Guarantee Agreement for: Spec. #5071, Marine Grade Fuel Additional Instructions, Terms and Conditions for Price Guarantee Agreement: 1. The prices quoted herein if accepted, will be considered guaranteed, un-adjustable differential stated herein, unless otherwise so identified in other sections of this bid request. 2. The terms of the agreement awarded from this bid will commence on date of award and expire one year later, with the City's option to extend the agreement as specified in this Request for Proposal / Quotation. 3. This bid and subsequent agreement shall override any previous agreements for this item (s), except as otherwise provided herein. 4. If, during the term of this agreement, a New York State or County of Westchester agreement for substantially the same item(s) quoted herein, has a favorable prices, terms and conditions that the City has interest in utilizing, then the City will have the right to utilize this identified alternate agreement in lieu of this agreement for a period up to, but, not necessarily through, the end of the terms of this agreement. 5. The City of New Rochelle reserves the right to reject any and all bids if deemed in the best interest of the City to do so. The City shall have the authority to award orders, contracts, or services to the bidder best meeting the specifications and conditions as judged solely by the City. 6. All services shall be preformed as described in this bid and shall comply in all respects with applicable Federal, State, County, and City Statues and Codes. 7. The Purchasing Manager shall determine whether bid exceptions are minor in nature or represent a serious departure from the purpose and intent of the specifications and whether or not the best interests of the City will be promoted by waiving original requirements and accepting exceptions. 8. Quantities shown for items are approximate and may be increased or decreased depending on the needs of the City. The total of the award shall be the sum of the quantities during the contract period. 9. The City of New Rochelle assumes no responsibility and no liability for costs incurred by bidders prior to the issuance of an agreement, contract or purchase order. 10. Vendors who submit a Proposal in response to this bid may be required to give an oral presentation of their Proposal. The purpose of such presentation is to provide an opportunity for the vendor to clarify or elaborate on their bid. Original submissions cannot be supplemented, changed or corrected in any way. 11. Bids are solicited only from competent, experienced and financially qualified vendors who meet all the qualifications and or specifications of this bid document as determined solely by the City of New Rochelle. (REV 10/97) 3
STATEMENT OF NO BID RETURN THIS FORM ONLY IF YOU ARE SUBMITTING A "NO BID" It is the intent of the City of New Rochelle to afford all suppliers an equal opportunity to bid on all commodities, operating supplies, equipment and/or services as listed in this specification. In the event your firm declines to bid, kindly advise the City of New Rochelle Purchasing Department to that effect by completing and returning this document. City of New Rochelle Purchasing Department, We, the undersigned, have declined to bid on your Request for Quotation/Proposal Specification No. 5071 for Marine Grade Fuel for the following reasons: We do not offer this product/service We are unable to supply the product/service at this time We are unable to meet the specifications We are unable to meet the bond requirements Other: We understand that if the no bid letter is not executed and returned our name may be deleted from the list of qualified bidders for the City of New Rochelle. COMPANY NAME: ADDRESS: TELEPHONE #: EMAIL ADDRESS: Misc/nobid (rev 2/98) MARINE GRADE FUELS 4
SPEC. # 5071 The City of New Rochelle is requesting quotations for MARINE GRADE FUELS, as listed herein. Fuel purchased from this agreement shall be for re-sale to the boating public. Actual quantities purchased will be based on demand. The City of New Rochelle reserves the right to award in whole or in part to the lowest responsive and responsible bidder(s) who present a quotation that best meets the specifications as listed herein and represents the most beneficial procurement as determined by the City. The City of New Rochelle is Tax Exempt; awarded bidder shall remove all taxes applicable to our exempt status upon invoicing. 1) Term of Contract The contract shall be awarded for a term of one (1) year with an option to renew the agreement for an additional years in 1-year intervals upon mutual consent. 2) Payment Terms The contractor shall be paid upon submission of an invoice that clearly indicates the item, quantity, date purchased and delivery ticket number, accompanied by a completed City of New Rochelle Standard Claim Form. 3) Scope of Work Contracted vendor is required to supply and deliver Marine Grade Gasoline and Diesel Fuel with the Valvetect additive as specified herein. 4) Location Delivery location shall be to the City of New Rochelle Municipal Marina, 22 Pelham Rd., New Rochelle NY 10805. 5) Deliveries a) The majority of deliveries made will be during the peek boating season of May through September. Some deliveries may be required in the months of March, April, October and November. b) All deliveries shall be made during the hours of 8:30am to 3:00pm, Monday through Friday unless special arrangements have been made with Marina staff. 6) Estimated Quantities The quantities listed below are estimated amounts sold during the 2009 boating season and are representative only. Gasoline: 75,000 gallons Diesel: 25,000 gallons The City does not guarantee the actual amount of fuel that will be required during any contract period. The City of New Rochelle shall be held harmless by the successful bidder for any lost revenue, lost profit and overhead, or any other hardship due to actual amounts of fuel required during the award period. 5
7) Basis of Cost Prices charged to the City of New Rochelle shall be based on the Platts Oilgram New York Harbor posting at the time of delivery PLUS your Differential as quoted herein. 8) Fuel Specifications Gasoline - Marine Grade Gasoline - Gasoline shall be unleaded - 89 octane or higher - Product shall be appropriate for use in pleasure boats Diesel - Marine Grade Diesel Fuel - Fuel type #2 45 octane or higher - Product shall be appropriate for use in pleasure boats 9) Bidder Qualification Requirements All terms, conditions and requirements as set forth in this request for quotation must be satisfied as of the date of bid submission. Bid responses will only be accepted from thoroughly competent, experienced and financially qualified suppliers according to the qualification requirements as listed herein and successful fulfillment of said requirements as determined by the City of New Rochelle. Please complete the following qualification and requirement questions as provided for herein. Respondents are responsible for submission of accurate, adequate and clear descriptions of the information requested. Omissions, vagueness or inaccurate descriptions or responses shall not be interpreted in favor of the bidder and shall be grounds for bid rejection. a) The bidder must own and operate a permanently established bulk storage plant with stationary tankage. b) Storage plant must have sufficient capacity to supply the needs of the City of New Rochelle Municipal Marina. c) The bidders source of supply must be a reputable oil refiner. d) Delivery vehicles must be equipped with meters to accurately measure the quantities of fuel delivered. e) Delivery vehicle must be equipped to pump fuel into above ground tanks and have vapor recovery capabilities. f) The bidder must supply three (3) references for which your firm provides Marine Grade Fuel with Valvetect additive to. 6
g) Bidder shall provide, at no cost to the city, signage at the fuel dock indicating product information and must include the City of New Rochelle Municipal Marina as a seller of product in at least one advertising media. 10) General Information Please provide the following information: a) Name and title of executive in charge b) Name and title of supervisor c) Number of years this company has been in business d) Contact person(s) and telephone number(s) that shall be contacted when placing orders. 11) Liability Requirements The successful bidder shall supply and maintain insurance which defends, indemnifies and holds harmless the City of New Rochelle, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney s fees or loss arising directly out of acts or omissions hereunder by the contractor or third party under the direction or control of the contractor. The successful bidder must furnish the City with Certificate of Insurance prior to commencement of work. The required coverage shall not be less than the following: Workers Compensation Statuary Requirements NY State Disability Statuary Requirements General Liability $2,000,000 Automobile Liability $1,000,000 Contractual Liability Must be printed on Certificate INSURANCE CERTIFICATES SHALL NAME THE CITY OF NEW ROCHELLE AS ADDITIONAL INSURED PARTY AND SHALL STATE THAT ALL COVERAGE SHALL BE PRIMARY TO ANY OTHER INSURANCE COVERAGE HELD BY THE CITY The City of New Rochelle is named as an additional insured party for all general and excess liability coverage based on the contractual liability of the named insured. Such general and excess liability coverage shall be primary to any other coverage carried by the City of New Rochelle with respects to acts or omissions of the named insured. It is intended by the parties hereto that the general and excess liability insurance provided by the contractor shall be primary to any other coverage carried by the City of New Rochelle with respect to liability coverage arising out of any act or omissions by the contractor. The City of New Rochelle will be named as an additional insured. Nothing contained herein shall be construed as making said general and excess liability insurance primary insurance for acts or omissions of the City of New Rochelle. 7
Contractors not incorporated in the State of New York to must produce a Certificate to Do Business in the State of New York from the New York Secretary of State prior to executing their contract with the City. Please provide same. New York Law and Venue The agreement arrived at from this solicitation shall be construed under the laws of the State of New York. All claims, actions, proceedings, and lawsuits brought in connection with, arising out of, related to, or seeking enforcement of this contract shall be brought in the Supreme Court of the State of New York, Westchester County. The City requires contractors which are not incorporated in the State of New York to produce a Certificate to Do Business in the State of New York from the New York Secretary of State prior to executing their contract with the City. Awarded bidder shall provide said certificate of required. Iran Divestment Act By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law. 12) Cancellation Any violation of the terms, conditions, requirements and/or non-performance of the contract shall result in immediate cancellation. The agreement may be cancelled by the City for any other reason(s) upon 30 days written notice. 13) Cost Summary, Spec. 5071 Please quote your Per Gallon Differential to be added to Platts High Posting for Marine Grade Fuels, Gasoline and Diesel as specified herein. Please indicate Gasoline product you are quoting on Gasoline, Per Gallon Differential Please indicate Diesel product you are quoting on Diesel, Per Gallon Differential Submitted by: as authorized representative of PLEASE PRINT NAME COMPANY NAME 8
EXHIBIT A, Spec 5071 VENDOR DATA SECTION All bidders must complete this section, sign where indicated and include with your response. Your signature identifies your acceptance of all terms and conditions herein. PAYMENT TERMS: The City of New Rochelle shall pay invoices at net 30 days after receipt of invoice and of material, whichever is later, unless alternate terms are indicated. Alternate Payment Terms OPTIONAL INFORMATION: Please indicate if your firm is certified as a minority or women owned business. This information is requested for statistical purposes only and will not have any influence on the award process. Please indicate the appropriate status: MBE : business is certified as minority-owned WBE : business is certified as women-owned WBE/MBE : business is certified as minority women-owned ACCEPTANCE: As a representative of the identified company, the signature below is authorized by said company and represents acceptance of all terms, conditions, and prices identified herein. By submission of this proposal/quotation, each bidder, and each person signing on behalf of any bidder, and in the case of a joint bid, each party thereto as to its own organization, under penalty of perjury, certifies that to the best of its knowledge and belief: A. the prices in this quotation have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor; and B. unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and C. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. The bidder certifies that this Proposal/proposal is made without any connection with any other person making a Proposal for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other officer or employee or person whose salary is payable in whole or in part from the City of New Rochelle treasury is directly or indirectly interested therein, or in any portion of the profits thereof. Signature: Date: Print Name and Title: Company Name: Address: Telephone Number(s): Fax Number: Email Address: 9