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LEGAL NOTICE

 

 

Notice to Bidders

 

Notice is hereby given that sealed bids will be received for the following:

 

DIESEL ENGINE FUEL

 

Sealed bids, bearing the name and address of the bidder on the face of the envelope, shall be submitted to Town Clerk Tess McBeath at her office, 104 Main Street, Hortonville, NY until 6:55 p.m. on July 13, 2022 at which time they will be publicly opened and read.

 

Specifications may be obtained from Town Superintendent of Highways William Eschenberg at his office at the Town Highway Garage, 4277 State Route 17B, Hortonville, NY, and from the Town Clerk at 104 Main Street, Hortonville, NY.

 

The Town Board and the Town Superintendent of Highways reserve the right to reject any and all bids and to waive any irregularities in the bidding and to re-advertise for new bids.

 

All bids must contain a statement of non-collusion as required by Section 103 of the General Municipal Law.

 

                                                                        William Eschenberg

                                                                        Superintendent of Highways

                                                                        Town of Delaware

                                                                        4277 State Route 17B

                                                                        Callicoon, NY  12723


DIESEL FUEL

 

Town of Delaware Highway Department

4277 State Route 17B

Callicoon, NY  12723

Phone:  845/887-4660             FAX:  845/887-4753

 

 

BID ITEMS FOR THE FOLLOWING

 

DIESEL ENGINE FUEL

 

INSTRUCTIONS TO BIDDERS

 

GENERAL SPECIFICATIONS:

 

General:

 

It is the intent of this specification to describe Diesel Engine Fuel for use by the Town of Delaware.

 

Price:
 
Price shall be net per gallon, delivered to the agencies listed on the proposal.  Contract prices shall be firm except that price revisions will be permitted as specified under “Price Revisions.”
 

Price Revisions:

 

Price Revisions (increases or decreases) shall be determined by published prices in the Journal of Commerce, ALBANY, NEW YORK TANK CAR RESELLER POSTING (HIGH).  The published price on the date of delivery will be used to establish prices, for example:

 

-           Posted price:   $5.00/gal., plus adjustment  .05

                                    -           Bid price:        $5.05/gal.

 

Posted price for purpose of completing the bid form shall be effective July 1, 2022.

 

Delivery:

 

Vendor must be prepared, at all times, to make prompt delivery, with no minimum delivery, upon request of the Town of Delaware Superintendent of Highways or his authorized designee.

 

Delivery tickets shall indicate the tank location, type of fuel and number of inches of fuel in tank before and after delivery in addition to building names and location.

 


 

Tank Sizes and Locations:

 

5,000 gal. Town of Delaware Highway Dept., 4277 State Route 17B, Callicoon, NY  12723

 

Term:

 

The term of any and all contracts awarded pursuant to these specifications shall be for a period of one year as indicated on the attached bid form, provided that the Town of Delaware, in its sole discretion, shall have the option to extend any and all such contracts for no more than two additional terms of one year each under the same terms and conditions, including but not limited to price, as existed under the original term of such contract or contracts.

 

Gross Receipts Tax:

 

All taxes including Gross Receipts Tax shall be excluded in the Diesel Engine Fuel price.

 

No such taxes shall be billed to or collected from the Town of Delaware.  It shall be the sole responsibility of the successful bidder to satisfy the filing requirements to eliminate the need to collect such taxes by the Town of Delaware.

 

Method of Award:

 

Awards may be made for all locations by the Town of Delaware.

 

Method of Payment:

 

Upon audit and approval of voucher by the Town of Delaware Town Board.

 

Guarantee:

 

The vendor guarantees to furnish adequate protection from damage to the Town’s buildings, grounds and/or equipment occurring on account of, or in connection with, or occasioned by, or resulting from the furnishing and delivery of Diesel Fuel under this contract and shall be liable for any damages for which he/she/it his/her/its employees are responsible.  This liability includes but is not limited to oil spills occurring during delivery.  The vendor shall provide constant surveillance during delivery by having a person in attendance at all times at the point of transfer.

 

Qualification of Bidder:

 

No bidder will be considered unless the bidder can meet the following conditions:

 

1.                  That the bidder either owns and operates a permanently established bulk storage plant with stationary tankage from which delivery will be made; or

 

2.                  That he is an authorized dealer of a distributor, which distributor owns and operates, or leases and operates a bulk storage plant with stationary tankage.  A bid from an authorized dealer of a distributor may require a certificate executed by the distributor, stating that the bidder is an authorized dealer of the distributor and that compliance will be made with all the qualifications and all the requirements of the specifications and proposal.

 

3.                  That the storage plant or plants referred to in preceding Paragraphs 1 and 2 shall have sufficient capacity and shall have facilities which, in the opinion of the Superintendent of Highways of the Town of Delaware, shall protect the interests of the Town of Delaware.

 

4.                  That the vendor’s source of supply is with a reputable oil refiner either directly or through refiner’s authorized distributor.  If requested, vendor must supply a certificate from the refiner that he will guarantee to furnish the bidder, oil for the life of the contract.

 

5.                  That the vendor’s delivery trucks for Diesel Engine Fuel, except motor transports, are equipped with meters to accurately measure the quantity of fuel.  Motor transports for the delivery of all fuel shall be accurately gauged as to shell capacity and sealed by the State Bureau of Weights and Measures or the local authority having jurisdiction.  Each compartment shall have the gauged capacity indicated thereon and payment will not be made for any quantities in excess of this capacity.  Vendor shall furnish certified calibration charts for motor transport deliver if requested by Town.  Compartments shall be filled to the gauge mark with vehicle parked on a level surface at a point of shipment.  Trucks used for the delivery of Diesel Fuel must have meters with ticket printers which will provide a printed receipt giving an accurate accounting of the amount of fuel delivered.  Delivery tickets shall be locked in the printer from the start of delivery until delivery is completed and recorded.

 

6.                  The vendor shall have Diesel Engine Fuel available for pick-up by the Town of Delaware trucks during emergencies.  This means that if the fueling facility at the Town Barn is inoperative, the vendor will have 24 hour-a-day, 7 day-a-week system available to fuel Town equipment during these emergencies.

 

Method of Delivery:

 

1.                  Delivered by tank wagon, or regular vehicle, into storage tanks.

 

2.                  Pick-up of diesel fuel by Town trucks.

 

Inferior Delivery:

 

The Town of Delaware may cancel the contract and may purchase the balance of the contract quantities in the open market at the vendor’s expense, if, in the opinion of the Superintendent of Highways of the Town of Delaware, the oil delivered fails to meet the specific requirements or, if the oil is found to contain objectionable dirt or excess sediment, water or is of a composition that will cause clogging and prevent proper operation of the equipment.

 

When it is found that the fuel delivered does not comply with the specification requirements, the vendor, at his own cost and expense, may be required to remove all such substandard oil from the purchaser’s tanks and replace with oil meeting the specifications, if instructed to do so by the Town of Delaware.  Any expense incurred by the Town of Delaware for tank cleaning due to inferior fuel shall be charged to the bidder.  The Town of Delaware shall have the right to cancel any contract due to inferior deliveries.

 

If fuel is spilled at time of delivery due to negligence of the bidder, the bidder shall notify the using department within one hour of such spill and shall be responsible for immediate cleanup of such spill.  Failure to clean up oil spill by bidder will cause it to be cleaned up by others and shall be charged to the bidder.

 

Reservation of Rights:

 

The Town of Delaware reserves the right to reject any and all bids.

 

The Town of Delaware reserves the right to purchase Diesel Engine Fuel through State or County bid at its sole discretion at any time during the contract period.

 

Fuel Mixture – Diesel Engines – Properties:

 

Item                                         Summer           Winter             Value

 

Gravity, degree API (min.)              33                    36           Most engines require this weight.

 

BTU Energy gal.                     140,100           138,000           A good power fuel.

 

Viscosity, 100° F sec.                      35              33-34            Good atomization of oil, less leakage

 

Pour point, ° F                                    5                  -20            5°  above flow stoppage.

 

Cloud point, ° F                              15                   -15            Temp where filters plug.

 

Flash point, ° F                                138                 135           Safety feature.

 

Cetane number                                  45                   45           Quick starts, cleaner burn.

 

Sulfur, % (max.)                             Meet Current Standards

 

Carbon Residue, %                         .02           .02-.03            Less soot.

 

BS & Water, %                                  0                     0            No corrosion, longer filter life.

 

10% recovered, ° F                        370                 360            East starts.

 

50% recovered, ° F                        510                 470            Indicates power.

 

90% recovered, ° F                        620                 550            Indicates power mileage.

 

End boiling point, ° F                    650                 590            Low crankcase oil dilution.

 

Thermal stability                                2                      2           No residues, cleaner operation.

 

This fuel shall meet the American Society for Testing Materials (ASTM) Diesel Fuel Specification D 975 for #2 Diesel Fuel.

 

“Seasonalized” fuel for year-round use.  For maximum power and for summer usage, the Town of Delaware may require #2 Diesel Fuel.

 

Kerosene may not be used as an additive without the approval of the Town Highway Superintendent given in writing and in advance of any delivery.

 

Required Components of Current Additives:

 

1.                  Detergent – Removes gum and varnish from injectors.

 

2.                  Cetane Improver – Faster cold weather starts, cleaner combustion, lower emissions.

 

3.                  Anti-oxidizer – Fuel stabilizer, prevents residues, lacquers and deposits.

 

4.                  Corrosion Inhibitor – Prolongs life of equipment, enhances lubricity.

 

5.                  De-hazer – Lengthens filter life, removes suspended moisture, prevents emulsions, reduces freezing.

 

6.                  This diesel fuel must meet all manufacturing requirements for all diesel trucks manufactured in 2006 or after and cannot be dyed.

 

This is a premium Diesel Fuel.

 

Billing:

 

A copy of the Journal of Commerce Albany, New York Tank Car Reseller Posting (High) published prices for the day of delivery must be attached to each invoice.

 

All bids must be submitted on the attached Bid Form.

 

Particular attention must be called to the non-collusive bid certification which must be provided pursuant to Section 103-D of the General Municipal Law and that Section 103-A of the General Municipal Law are hereby considered to be part of any Contract which may be entered into.

 

The Town of Delaware is an Equal Opportunity/Affirmative Action Employer.


Town of Delaware

Phone:  845/887-4660   FAX:  845/887-4753

 

 

 

DIESEL ENGINE FUEL

August 1, 2019 through July 31, 2020

BID FORM

 

 

BID DATE:    July 13, 2022   6:55 p.m.

 

Item                             Published Price (July 1, 2022)         Adjustment                 Total price

 

Diesel Engine Fuel      _________________________________________________________

 

 

DATE:                        _______________________________

 

NAME OF COMPANY:       ___________________________________________________

 

ADDRESS:    _______________________________________________________________

 

BY:                 _______________________________

                                    (Please Print)

 

 

SIGNED:        _______________________________

                                    (Signature)

 

TITLE:            _______________________________

 

 

Note:   Attach copy of July 1, 2022 Journal of Commerce Price.


 

 

 

NON-COLLUSIVE BIDDING CERTIFICATION

 

 

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 their knowledge and belief:

 

1.                  The prices of 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 with any competitor;

 

2.                  Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor;

 

3.                  And no attempt has been made or will be made by bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

 

Dated:                         ______________________________

 

Signature:                    ______________________________

 

Title:                            ______________________________

 

Company Name:         _________________________________________________________

 

Address:                      _________________________________________________________

 

Telephone Number:     ______________________________

 

LEGAL NOTICE

Notice to Bidders

Notice is hereby given that sealed bids will be received for the following:

 

NO. 2 FUEL OIL

 

Sealed bids, bearing the name and address of the bidder on the face of the envelope, shall be submitted to Town Clerk Tess McBeath at her office, 104 Main Street, Hortonville, NY until 6:55 p.m. on July 13, 2022 at which time they will be publicly opened and read.

Specifications may be obtained from Town Superintendent of Highways William Eschenberg at his office at the Town Highway Garage, 4277 State Route 17B, Hortonville, NY, and from the Town Clerk at 104 Main Street, Hortonville, NY.

The Town Board and the Town Superintendent of Highways reserve the right to reject any and all bids and to waive any irregularities in the bidding and to readvertise for new bids.

All bids must contain a statement of non-collusion as required by Section 103 of the General Municipal Law.

 

                                                                        William Eschenberg

                                                                        Superintendent of Highways

                                                                        Town of Delaware

                                                                        4277 State Route 17B

                                                                        Callicoon, NY  12723

Town of Delaware Highway Department

4277 State Route 17B

Callicoon, NY  12723

Phone:  845/887-4660             FAX:  845/887-4753

 

 

BID ITEMS FOR THE FOLLOWING

 

NO. 2 FUEL OIL

 

INSTRUCTIONS TO BIDDERS

 

GENERAL SPECIFICATIONS:

 

General:  It is the intent of this specification to describe No. 2 Fuel Oil for use by the Town of Delaware.

 Price:  Price shall be per gallon, delivered to the location listed on the proposal.  Contract prices shall be firm except that price revisions will be permitted as specified under “Price Revisions.”

 Price Revisions:

Price Revisions (increases or decreases) shall be determined by published prices in the Journal of Commerce, ALBANY, NEW YORK TANK CAR RESELLER POSTING (HIGH).  The published price on the date of delivery will be used to establish prices, for example:

 

-           Posted price:   $4.00/gal. plus adjustment  .05

-           Bid price:        $4.05/gal.

 

Posted price for purpose of completing the bid form shall be effective July 1, 2022.

 

Delivery:  Vendor must be prepared, at all times, to make prompt delivery on a regular basis with no minimum delivery.

 

Delivery tickets shall indicate the tank location, type of fuel and number of inches of fuel in tank before and after delivery in addition to building names and location.

 


 Term:  The term of any and all contracts awarded pursuant to these specifications shall be for a period of one year as indicated on the attached bid form, provided that the Town of Delaware, in its sole discretion, shall have the option to extend any and all such contracts for no more than two additional terms of one year each under the same terms and conditions, including but not limited to price, as existed under the original term of such contract or contracts.

 

Taxes:  All taxes including Gross Receipts Tax shall be excluded in the Fuel price.

 No such taxes shall be billed to or collected from the Town of Delaware.  It shall be the sole responsibility of the successful bidder to satisfy the filing requirements to eliminate the need to collect such taxes by the Town of Delaware.

 

Method of Award:  Awards may be made for all locations by the Town of Delaware.

 

Method of Payment:  Upon audit and approval of voucher by the Town of Delaware Town Board.

 

Guarantee:  The vendor guarantees to furnish adequate protection from damage to the Town’s buildings, grounds and/or equipment occurring on account of, or in connection with, or occasioned by, or resulting from the furnishing and delivery of No. 2 Fuel Oil under this contract and shall be liable for any damages for which he/she/it his/her/its employees are responsible.  This liability includes but is not limited to oil spills occurring during delivery.  The vendor shall provide constant surveillance during delivery by having a person in attendance at all times at the point of transfer.

 

Qualification of Bidder:  No bid will be considered unless the bidder can meet the following conditions:

 

1.                  That the bidder either owns and operates a permanently established bulk storage plant with stationary tankage from which delivery will be made; or

 

2.                  That he is an authorized dealer of a distributor, which distributor owns and operates, or leases and operates a bulk storage plant with stationary tankage.  A bid from an authorized dealer of a distributor may require a certificate executed by the distributor, stating that the bidder is an authorized dealer of the distributor and that compliance will be made with all the qualifications and all the requirements of the specifications and proposal.

 

3.                  That the storage plant or plants referred to in preceding Paragraphs 1 and 2 shall have sufficient capacity and shall have facilities which, in the opinion of the Superintendent of Highways of the Town of Delaware, shall protect the interests of the Town of Delaware.

 

4.                  That the vendor’s source of supply is with a reputable oil refiner either directly or through refiner’s authorized distributor.  If requested, vendor must supply a certificate from the refiner that he will guarantee to furnish the bidder, oil for the life of the contract.

 

5.                  That the vendor’s delivery trucks for No. 2 Fuel Oil, except motor transports, are equipped with meters to accurately measure the quantity of fuel.  Motor transports for the delivery of all fuel shall be accurately gauged as to shell capacity and sealed by the State Bureau of Weights and Measures or the local authority having jurisdiction.  Each compartment shall have the gauged capacity indicated thereon and payment will not be made for any quantities in excess of this capacity.  Vendor shall furnish certified calibration charts for motor transport deliver if requested by the Town.  Compartments shall be filled to the gauge mark with vehicle parked on a level surface at a point of shipment.  Trucks used for the delivery of No. 2 Fuel Oil must have meters with ticket printers which will provide a printed receipt giving an accurate accounting of the amount of fuel delivered.  Delivery tickets shall be locked in the printer from the start of delivery until delivery is completed and recorded.

 

6.                  The vendor shall have No. 2 Fuel Oil available for pick-up by the Town of Delaware fuel truck on a daily (Monday through Friday) basis during normal working hours without prior arrangements and shall also be able to accurately measure quantities of fuel oil picked up by said Town fuel truck.

 

Method of Delivery:

 

1.                  Delivered by tank wagon into storage tanks.

 

2.                  No. 2 fuel oil shall be delivered by tank wagons used exclusively for the transporting of No. 2 fuel oil.

 

Automatic Replenishment:

 

The bidder shall maintain a record of the estimated consumption of No. 2 Fuel Oil, using the “degree day” or equivalent method, and shall replenish the purchaser’s tanks without further notice from the purchaser, whenever necessary to ensure an adequate supply at all times.  The above requirement will apply to all deliveries.

 

If the vendor permits the level of the fuel oil to fall below the percentages of the total capacity of the purchaser’s tanks, indicated by the following table, the purchaser shall have the right to purchase sufficient fuel oil on the open market to fill such tank or tanks and to charge any increase in price paid over the current contract prices to the account of the vendor.

 

Inferior Delivery:

 

The Town of Delaware may cancel the contract and may purchase the balance of the contract quantities in the open market at the vendor’s expense, if, in the opinion of the Town, the oil delivered fails to meet the specific requirements or, if the oil is found to contain objectionable dirt or excess sediment, water or is of a composition that will cause clogging of burners, burner nozzles or sprayers, pipe line sand prevent proper operation of the plant.

 

When it is found that the fuel delivered does not comply with the specification requirements, the vendor, at his own cost and expense, may be required to remove all such substandard oil from the purchaser’s tanks and replace with oil meeting the specifications, if instructed to do so by the Town of Delaware.  Any expense incurred by the Town for burner restart or tank cleaning due to inferior fuel oil shall be charged to the bidder.  The Town of Delaware shall have the right to cancel any contract due to inferior deliveries.

 

If fuel is spilled at  time of delivery due to negligence of the bidder, the bidder shall notify the using department within one hour of such spill and shall be responsible for immediate cleanup of such spill.  Failure to clean up oil spill by bidder will cause it to be cleaned up by others and shall be charged to the bidder.

 

FUEL OIL NO. 2 shall be usable in high and low pressure atomizing burners and in vaporizing burners.

 

Properties:

 

No. 2 fuel oil shall meet the requirements of ASTM Specification D396-79, “Standard Specification for Fuel Oils.”

 

Tank Sizes and Locations:

 

            1,000 gal. Town of Delaware Sewer Dept., 24 Viaduct Road, Callicoon, NY  12723

 

            275 gal. Town of Delaware Highway Dept., 4277 State Route 17B, Callicoon, NY  12723

 

Reservation of Rights:

 

The Town of Delaware reserves the right to reject any and all bids.

 

The Town of Delaware reserves the right to purchase No. 2 Fuel Oil through State or County bid at its sole discretion at any time during the contract period.

 


 

Billing:

 

A copy of the Journal of Commerce Albany, New York Tank Car Reseller Posting (High) published prices for the day of delivery must be furnished to the Town upon request.

 

All bids must be submitted on the attached Bid Form.

 

Particular attention must be called to the non-collusive bid certification which must be provided pursuant to Section 103-D of the General Municipal Law and that Section 103-A of the General Municipal Law are hereby considered to be part of any Contract which may be entered into.

 

The Town of Delaware is an Equal Opportunity/Affirmative Action Employer.

NON-COLLUSIVE BIDDING CERTIFICATION

 

 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 their knowledge and belief:

 

1.                  The prices of 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 with any competitor;

 

2.                  Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor;

 

3.                  And no attempt has been made or will be made by bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

 

Dated:                         ______________________________

 

Signature:                    ______________________________

 

Title:                            ______________________________

 

Company Name:         _________________________________________________________

 

Address:                      _________________________________________________________

 

Telephone Number:     ______________________________

 
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