HomeMy WebLinkAboutContract 26830 04/P2/2001 13:15 8174596334 ARLINGTON PURCHASING PAGE 02
CITY SECRETARY
THE STATE OF TEXAS 5 CONTRACT NO.
INTERLOCAL CONTRACT
COUNTY OF TARRANT §
KNOW ,ALL BY THESE PRESENTS:
l This Interlocal Contract is made and entered into this
v� lt_'day of 2001, by and between the City of
Arlington, Texas, a municipal corporation of Tarrant County
(hereinafter referred to as Arlington) acting by and through
its City Manager or his designee and the City of Fort Worth,
Texas, a municipality of Tarrant County (hereinafter referred
to as Fort Worth) acting by and through Charles Boswell, its
duly authorized Assistant City Manager.
W I T N E S S E T H:
'o
WHEREAS, Arlington and Fort worth (hereinafter collectively
referred to as the "parties" or either "party") are
political subdivisions of the State of Texas
authorized to contract with each other relative to
governmental functions and services by the
Interlocal Cooperating Act, Texas Government Code,
Chapter 791;
WHEREAS, the parties believe that cooperating in the
purchasing of various goods, materials, equipment
and supplies which both parties use in carrying out
their governmental functions and services will
enable the parties to obtain these goods, materials,
equipment and supplies in better terms and/or prices
than by making such purchases individually, and both
desire to increase efficiency and effectiveness of
such purchasing by acting joint in competitively
procuring selected goods, materials, equipment and
supplies;
WHEREAS, Fort Worth has awarded a contract to Lucky Lady Oil
Company for diesel fuel and fuel oil and a contract
to Reeder Distributors, Inc for gasoline and
midgrade reformulated and has invited Arlington to
join as a party to the contracts; and
WHEREAS, The Reeder Distributors, Inc. contract allows for
delivery to tanker-trucks or to individual locations
for a delivery fee and The Lucky Lady oil Company
contract allows for provisions to be made for
delivery to other governmental entities and Lucky
Lady Oil Company has agreed to deliver the fuel to
Arlington locations for a delivery charge.
C0PDD
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04/02/2001 13:15 8174596334 ARLINGTON PURCHASING PAGE 03
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the parties agree as
follows;
AGREEMENT
This contract shall be for a term of one (1) year
beginning on ti'1(,t�( 1D.- 2001, and ending on
2002 . This contract shall
automati ally renew for one (1) year terms thereafter unless
one party gives written notice to the other party of its
desire not to renew or until either of the Fort Worth
contracts end. The written notice required shall be at least
sixty (60) days prior to the expiration of an existing one
year term.
2.
SCOPE AND IMPL MF:� iTION
It is the ,intent of the parties that the joint or
cooperative purchasing through each other's contracts will be
as broad as is allowed by applicable state statutes. Unless
otherwise prevented by law., it is the intent of the parties
that the two may take part in joint purchase for any goods and
services they may need to carry out their governmental
functions, and that either one will use reasonable efforts to
- allow the other to make purchases under its contracts. In
each instance, however, there shall be a "purchasing
agreement" or "purchase order" issued by the entity desiring
to make the purchase, and agreed to or countersigned by the
entity having the contract with the supplier of goods or
services, or which is the lead entity in that contract, which
purchasing agreement or purchase order shall specify the
supply contract in question and set out any and all terms and
conditions appropriate to such joint purchase. The purchasing
agreement or purchase order shall be acknowledged by the
supplier and shall be considered as being issued under this
agreement and shall be subject to all of the terms and
conditions of this agreement without the necessity of those
being set out or specifically referred to in such purchasing
agreement or purchase order.
3.
COMPMISATION
Each party agrees to order and pay for its own fuel from
the contractors, without liability to either party. Arlington
will pay any applicable delivery charges or load charges
directly -to contractors. Fuel and oil charges and delivery
charges are further set forth in Exhibit "A" attached hereto
and incorporated by reference as if written word for word
herein.
9
(2)
n
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01/02/2001 13:15 8174596334 ARLINGTON PURCHASING PAGE 04
4.
COMPLIANCE WITH LAWS
The parties hereby agree to abide by and obey all
applicable local, state and federal laws and requirements,
which apply to their respective procurement policies. It is
specifically understood and agreed that whichever party is
handling the preparation and processing of the invitations for
bid shall comply with all legal requirements for competitive
bidding which are applicable to both parties.
5.
NOTICES
Any notices or other communication required or allowed to
be given by one party to the other pursuant to this Contract
shall be hand delivered or mailed , by United States Postal
Service, proper postage affixed to the'"addresses shown below.
To City of Fort Worth:
Purchasing Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
To City of Arlington:
Steve Dueboay, Purchasing Agent
City of Arlington
Mail Stop 01-0332
P.O. Box 231
Arlington, Texas 76004
6.
GOVERNING LAW AND V=M
This contract shall be governed by and interpreted in
accordance with the laws of the State of Texas. This contract
is entered into and is to be performed, wholly or in part, in
the State of Texas and in Tarrant County, Texas. In any
action brought under the contract, venue shall be exclusively
in Tarrant County, Texas. In the event that any portion of
this contract shall be found to be contrary to law, it is the
intent of the parties hereto that the remaining portions shall
remain valid and in full force and effect to the extent
possible.
MISCELLANEOUS PROVISIONS
By execution of this contract, each party represents to
the other that:
(3)
Ira.
64/02/2001 13:15 8174596334 ARLINGTON PURCHASING PAGE 05
a. In performing its duties and obligations hereunder, it
will be carrying out one or more governmental functions
or services which it is authorized to perform;
b. The undersigned officer or agent of the party has been
properly authorized by that party's governing body to
execute this contract and that any necessary resolutions
extending such authority have been duly passed and are
now in effect;
C. All payments required or permitted to be made by a party
will be made from current revenues available to the
paying party; and
d. All payments provided at be hereunder by one party to the
other shall be such amounts as to fairly compensate the
other party for the services or functions performed
hereunder.
8.
CONSTRUCTION OF CONTRACT
This contract represents the full, final and complete
agreement of the parties related to its subject matter and may
not be added to, contradicted or otherwise modified by
evidence of prior or contemporaneous agreement or subsequent
oral agreements or statements of either of the parties, nor by
any writing not signed by both parties after the date of this
contract. No representations, inducements, promises, or
agreements, oral or otherwise, not embodied or incorporated
herein shall be of any force or effect. in case if any
apparent ambiguity or conflict among any of the terms or
provisions of this contract, they shall be construed as nearly
as possible as to effectuate each and all of such terms or
provisions keeping in, mind that the overriding purpose of this
contract is the public purpose of increasing the . efficiency
and effectiveness of the respective purchases of goods,
materials, equipment and supplies by the parties.
9.
IXKUNI TY
It is expressly understood and agreed that in the
execution of this Contract, neither Arlington nor Fort
Worth waives, nor shall be deemed to waive, any immunity or
defense that would otherwise be available to each against
claims arising in the exercise of governmental powers and
functions.
(4) ^n
J"End
94/Q2/2001 13:15 8174596334 ARLINGTON PURCHASING PAGE 06
10.
AUTHORITY
The undersigned officers and/or agents are properly
authorized to execute this Contract on behalf of the
parties hereto, and each party hereby certifies to the
other that any necessary resolutions extending such
authority have been duly passed and are now in full force
and effect.
By entering into this Interlocal Contract, the parties
do not create any obligations, express or implied, other
than those set forth herein, and this Contract shall not
create any rights in parties not signatories hereto.
IN WITNESS WHEREOF, the Fa zes hereto ave executed this
contract on this date, the �3 daya of ,
2001 .
Cityo Arlin ton City of Fort Worth
By: —a — By: ftl,&g
Willia F. Studery
Deputy City Mana k%4Fity Manager
AT E',ST: ATTEST
By:_ By:
6�� (
Cindy Kemp N D
City Secre ary City Secret ry
APPROVED AS TO FORM: APPROVED AS TO FORM AND
JAY DOEGEY, City Attorney LEGALITY
By: By:
NAME W• ► JAW iS
Assistant City Attorney
�•. \
Cl 251
Contract Authorization
1- 2,- o
Date
c 5 7 ;;Dl'br
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4
City of Fort Worth, Texas
"aljoir Ani auncil communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/5/00 **P-9234 00-0282 1 of 2
SUBJECT PURCHASE AGREEMENT WITH LUCKY LADY OIL COMPANY FOR DIESEL FUE
FOR THE CITY OF FORT WORTH AND INTERLOCAL AGREEMENTS WITH AN'
GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement with Lucky Lady Oil Company for diesel fuel for the City of Fort
Worth, and Interlocal Agreements with any governmental entities. Prices will be based on the
Dallas Metro Texas OPIS (Oil Price Information Sepvjce) Petrosat net price per gallon for the day
the fuel is delivered, as listed on the attached bid tabulation. Payment is due 30 days from the date
the invoice is received. The City takes ownership at the area terminal and freight is included in the
price of fuel; and
2. Authorize the City Manager to enter into interlocal purchase agreements with any governmental
entities, as requested, based on the same prices, terms and conditions of the original agreement;
and
3. Authorize this agreement to begin December 5, 2000 and expire December 4, 2001, with options to
renew for two additional one-year periods.
DISCUSSION:
City departments and other governmental entities will use this agreement to obtain diesel fuel to supply
and operate diesel-powered equipment. No guarantee was made that a specific amount of diesel fuel
would be purchased. During the previous year, the City purchased 1,408,671 gallons at a cost of
$1,352,082.00, and other governmental entities purchased 395,037 gallons at a cost of $375,285.00.
On September 25, 1997, diesel fuel was bid as an interlocal agreement to develop and encourage
cooperative purchasing efforts to reduce the cost of diesel fuel among .Tarrant County governmental
entities. Based upon usage and a 0 0r gallon lower bi the City could realize an estimated
savings of $28,200.00, and other governmental entities a savings of $7,900.00.
BID ADVERTISEMENT - This bid was advertised in the Commercial Recorder on September 13 and
20, 2000. Bid announcements were mailed to eighteen potential bidders. One vendor responded with
a bid. The non-responding vendors were contacted to determine the reasons why they did not bid. The
vendors stated they could not be competitive, they did not have time to bid, or did not have a
subscription for the OPIS publication.
BID TABULATION - See the attached bid tabulation.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by Purchasing
and approved by the M/WBE Office because the purchase of goods is from a source where
subcontracting or supplier opportunities are negligible.
City of Fort Worth, Texas
"ejyjar And Council Communication
DATE REFERENCE NUMBER 1 LOG NAME PAGE
1/2/01 **P-9251 00-0312 1 of 2
SUBJECT PURCHASE AGREEMENT FOR GASOLINE FUEL WITH REEDER DISTRIBUTORS,
INC. FOR THE CITY OF FORT WORTH AND INTERLOCAL AGREEMENTS WITH ANY
GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the City Council:
i
1. Authorize a purchase agreement for gasoline fuel with Reeder Distributors, Inc. for the City of Fort
Worth. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price
Information Service) Petrosat Net Price per gallon for the day the fuel is delivered, as listed on the
attached bid tabulation. Payment is due 30 days from-'the date the invoice is received. The City
takes ownership at the City's storage tank and freight is not charged; and
2. Authorize the City Manager to enter into Interlocal Purchase Agreements with any governmental
entities, as requested, based on the same prices, terms and conditions of the original agreement;
and
9 �
3. Authorize this agreement to begin January , 2001, and expire January y, 2002, with options to
`renew for two additional one-year periods.
DISCUSSION:
City departments and other governmental entities will use this agreement to obtain gasoline fuel to
supply and operate gas-powered equipment. No guarantee was made that a specific amount of
gasoline fuel would be purchased. During the previous year the City purchased 1,039,329 gallons at a
cost of $1,168,162.00, and other governmental entities purchased 680,634 gallons at a cost of
$762,310.00.
On January 6, 1998, gasoline fuel was bid as an Interlocal Agreement to develop and encourage
cooperative purchasing efforts to reduce the cost of gasoline fuel among Tarrant County governmental
entities. Based upon usage, an average of $0.028 per gallon lower bid'than 1998, the City could
realize an estimated savings of $29,101.00, and other governmental entities a savings of $19,057.00.
BID ADVERTISEMENT - This bid was advertised in the Commercial Recorder on October 18 and 25,
2000. Bid announcements were mailed to twenty-nine potential bidders. Four vendors responded with
a bid.
BID TABULATION - See the attached bid tabulation.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by Purchasing
and approved by the M/WBE Office because the purchase of goods is from sources where
10
subcontracting or supplier opportunities are negligible.
City of Fort Worth, Texas
�Vbayar and Council Communication
DATE REFERENCE NUMBER LOG NAMEE
1/2/01 **P-9251 1 00-03127 1 of 2
SUBJECT PURCHASE AGREEMENT FOR GASOLINE FUEL WITH REEDER DISTRIBUTORS,
INC. FOR THE CITY OF FORT WORTH AND INTERLOCAL AGREEMENTS WITH ANY
GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement for gasoline fuel with Reeder Distributors, Inc. for the City of Fort
Worth. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price
Information Service) Petrosat Net Price per gallon for the day the fuel is delivered, as listed ort the
attached bid tabulation. Payment is due 30 days from the date the invoice is received. The City
takes ownership at the City's storage tank and freight is not charged; and
2. Authorize the City Manager to enter into Interlocal Purchase Agreements with any governmental
entities, as requested, based on the same prices, terms and conditions of the original agreement;
and
3. Authorize this agreement to begin January 2, 2001, and expire January 1, 2002, with options to
renew for two additional one-year periods.
DISCUSSION:
City departments and other governmental entities will use this agreement to obtain gasoline fuel to
supply and operate gas-powered equipment. No guarantee was made that a specific amount of
gasoline fuel would be purchased. During the previous year the City purchased 1,039,329 gallons at a
cost of $1,168,162.00, and other governmental entities purchased 680,634 gallons at a cost of
$762,310.00. 1
On January 6, 1998, gasoline fuel was bid as an Interlocal Agreement to develop and encourage
cooperative purchasing efforts to reduce the cost of gasoline fuel among Tarrant County governmental
entities. Based upon usage, an average of $0.028 per gallon lower bid than 1998, the City could
realize an estimated savings of$29,101.00, and other governmental entities a savings of$19,057.00.
BID ADVERTISEMENT - This bid was advertised in the Commercial Recorder on October 18 and 25,
2000. Bid announcements were mailed to twenty-nine potential bidders. Four vendors responded with
a bid.
BID TABULATION - See the attached bid tabulation.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by Purchasing
and approved by the M/WBE Office because the purchase of goods is from sources where
subcontracting or supplier opportunities are negligible.
City of Fort Worth, Texas
"Agar and counCIR communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/2/01 **P-9251 1 00-0312 2 of 2
SUBJECT PURCHASE AGREEMENT FOR GASOLINE FUEL WITH REEDER DISTRIBUTORS,
INC. FOR THE CITY OF FORT WORTH AND INTERLOCAL AGREEMENTS WITH ANY
GOVERNMENTAL ENTITIES
RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at
the City's option. This action does not require specific City Council approval, provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Equipment Services Fund.
CB:k
BQN/00-0312/KDK
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 APPROVED
CITY COUNCIL
Originating Department Head:
Jim Keyes 8517 (from) JAN .2.1 2001
Additional Information contact:
City Secretary of the
Robert Combs 8357 city of Fort Worth,Texas
i
M&C Log Name: 00.0312 Bid Number: 00-0312 Buyer:Kevin Karla
Bid Title: Gasoline i
Number of vendors solicited: 29
Numberof bids received:
Vendor Name: Reeder Distributors City/State: Fort Worth TX
(list all responding vendors,recommended awardee first)
Vendor Name: Lucky Lady Oil Co. City/State: Fort Worth TX
Vendor Name: Superior Fuels City/State: Fort Worth TX
Vendor Name: Petroleum Traders City/State: Fort Wayne IN
Vendor Name: PNI Distributors City/State: Dallas TX
rclexcel/vandor locate
Bid Tabulation 00.0312 Estimated Lucky Lady Totals Superior Fuels Totals Petroleum Totals PNI Totals Reeder Totals
Gasoline Gallons Oil Company Incorporated Traders Inc. Distribution Distributors
DELIVERED Ft.Worth TX Ft.Worth TX Ft.Wayne IN Dallas TX B.Worth TX
Mid Grade Transport 150,000 minus$0.0085 $1,275.00 minus$0.0051 $765.00 minus$0.0075 $1,125.00 plus$0.0050 $750.00 minus$0.0070 $1,050.00
Mid Grade Short Transport 15,000 plus$0.0000 $0.00 plus$0.005 $75.00 plus$0.0010 $15.00 plus$0.0075 $112.50 minus$0.0020 IM
Mid Grade Tank Wagon 8,000 plus$0.0185 $148.00 plus$0.02 $160.00 plus$0,0175 $140.00 Plus$0.0125 jjqqR plus$0.0140 $112.00
Premimum Transport 15,000 minus$0.0105 $157.50 minus$0.0051 $76.50 minus$0.0125 187.50 plus$0.0050 $75.00 minus$0.0090 $135.00
Premimum Short Transport 70,000 minus$0.0065 jign plus$0.005 $350.00 plus$0.0010 $70.00 plus$0.0075 $525.00 minus$0.0040 $280.00
Premimum Tank Wagon 8,000 plus$0.0185 $148.00 plus$0.020 $160.00 plus$0.0175 $140.00 plus$0.0125 $100.00 plus$0.0090 72.00
Regular Transport 1,300,000 minus$0.0065 $8,450.00 minus$0.0053 $6,890.00 minus$0.0004 $520.00 plus$0.0050 $6,500.00 minus$0.0070 $9,100.00
Regular Short Transport 165,000 plus$0.0000 $0.00 plus$0.005 $825.00 plus$0.0010 $165.00 plus$0.0075 $1,237.50 minus$0.0020 JIMM
Regular Tank Wagon 65,000 plus$0.0185 $1,202.50 plus$0.020 $1,300.00 plus$0.0175 $1,137.50 olus$0.0125 $812.50 plus$0.0140 $910.00
PICKED UP
Mid Grade Tank Wagon 8,000 plus$0.0000 $0.00 minus$0.005 $40.00 plus$0.0050 $40.00 plus$0.0125 $100.00 minus$0.0050 $40.00
Premimum Tank Wagon 8,000 plus$0.0000 $0.00 minus$0.005 $40.00 plus$0.0050 $40.00 plus$0.0125 $100.00 minus$0.0050 $40.00
Regular Tank Wagon 8,000 plus$0.0000 $0.00 minus$0.005 $40.00 plus$0.0050 $40.00 plus$0.0125 $100.00 minus$0.0050 $40.00
Totals from Minus columns $10,337.50 $7,851.50 $1,832.50 $0.00 $11,045.00
Totals from Plus columns $1,498.50 $2,870.00 $1,787.50 $10,512.50 $1,094.00
Equals Total Bid off Minus$8,839.00 Minus$4,981.50' Minus$45.00 Plus$10,512.50 Minus$9,951.00
Payment Terms Net 30 days Net 10 days Net 30 days Net 10 days Net 30 days
Freight Terms F.O.B. Texas Tarrant County Texas Southlake and Euless Fort Worth
Freight Charges Included Prepaid Included plus$0.01153 None
Above totals don't include the OPIS average price
for the day fuel is delivered.The following is an
example using line one quantities and bid price:
1.150,000 gal.X bid price$.0070 equals$1,050.00
2.150,000 gal.X estimated OPIS price$.80 equals
$120,000.00.
3.Subtract the bid price total of$1,050.00 from the estimated
OPTS price total of$120,000.00 equals a total estimated
cost of line 1 to be$118,950.00 or$0.7930 per gallon