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HomeMy Public PortalAboutSommers Oil 10-16-09 (gas and diesel) ii SERVICES CONTRACT BETWEEN CHATHAM COUNTY, GEORGIA AND THE SOMMERS COMPANY, INC. 1 GATEWAY BLVD SAVANNAH, GEORGIA 31419 1 -(800) 654 -6466 (Phone) (912) 756 -8703 (Fax) everette253 @aol.com GASOLINE AND DIESEL FUEL (Annual Contract) BID NO. 10 -1 -9 -5 Board of County Commissioners Chatham County Courthouse 124 Bull Street Post Office Box 8161 Savannah, Georgia 31412 it SERVICES CONTRACT Between CHATHAM COUNTY, GEORGIA And THE SOMMERS COMPANY, INC. This Contract is,made and entered into this 16 day of OCTOBER 2009, by and between the Board of Commissioners of Chatham County, Georgia, hereinafter called the "BOARD," and, THE SOMMERS COMPANY, INC., a Corporation authorized to do business in Georgia, hereinafter called the "CONTRACTOR." WITNESSETH WHEREAS, the BOARD desires to engage a qualified and experienced FIRM TO PROVIDE GASOLINE AND DIESEL FUEL AS SPECIFIED IN BID NO. 10- 1 -9 -5. WHEREAS, the CONTRACTOR has represented to the COUNTY that it is experienced and qualified to provide the services contained herein, and the BOARD has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by and between the BOARD and the CONTRACTOR that the COUNTY hereby engages the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth: 2 ARTICLE I TERMS AND CONDITIONS OF THIS CONTRACT SECTION I -1. TERM OF SERVICES: The service to be provided by the Contractor as described in Article IV is to commence upon execution of this contract, and or upon a date mutually agreed upon by the County Contract Administrator, and the Contractor. THE TERM OF THIS CONTRACT IS FOR ONE (1) YEAR WITH AUTOMATIC RENEWAL OPTIONS FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS. SECTION 1 -2. REQUIREMENT FOR MANDATORY PERFORMANCE. The words "shall," "will" and "must" may be used interchangeably in this Contract; and in any case will indicate a required or mandatory performance by the CONTRACTOR, and COUNTY. SECTION 1 -3. COUNTY ADMINISTRATION. The administration of this Contract for Chatham County, Georgia, shall be the responsibility of the County administrative staff, hereinafter called the "COUNTY." MR. MICHAEL GRANT, MANAGER, CHATHAM COUNTY FLEET OPERATIONS, 7235 SALLIE MOOD DRIVE, SAVANNAH, GEORGIA, 31406, (912) 652 -6875 (PHONE), (912) 652 -6884 (FAX) shall serve as the Project Manager for this contract and shall be responsible to the County Manager who is responsible to the BOARD for the proper effectuation of Chatham County, Georgia's obligations under the terms of this Contract. SECTION 1 -4. COUNTY PROJECT MANAGER'S DUTIES AND AUTHORITY. The Project Manager is the Chatham County, Georgia staff member primarily responsible for the day -to -day management of this contract. He shall act as the official liaison between the CONTRACTOR and the COUNTY. The Project Manager shall arrange for conferences and the exchange of data and information and for necessary approvals, except for such portion of these liaison duties as may be specifically delegated to the CONTRACTOR under other provisions of this Contract. All correspondence, data, information and reports shall be directed to the Project Manager. The number of copies of such data shall be designated by the County Project Manager to provide for proper distribution to the parties concerned. The Project Manager shall be responsible for the maintenance of all records and correspondence concerning this contract for the COUNTY. The CONTRACTOR shall meet with the COUNTY for review of the work as determined by the Project Manager. The services shall be performed to the satisfaction of the County's Project Manager, subject at all times to the County Manager's approval, whose decision upon any question connected with the aforementioned service, or any failure or delay regarding same shall be final and conclusive. The Project Manager will expedite any necessary decisions regarding provisions of this contract that affect the performance of the CONTRACTOR. SECTION 1 -5. PERSONNEL AND EQUIPMENT. The CONTRACTOR represents that it has secured or will secure, at its own expense, all personnel and equipment necessary to 3 II perform the services of this Contract; none of whom shall be employees of, nor have any contractual relationship with Chatham County. All of the services required hereunder will be performed by the CONTRACTOR under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services. SECTION 1 -6. SCHEDULING OF WORK TASKS. The CONTRACTOR shall energetically and expeditiously carry out the required services. SECTION 1 -7. REVIEW OF WORK IN PROGRESS. Authorized representatives of the COUNTY may at all reasonable times review and inspect the activities required under this contract. TO THIS CONTRACT. The COUNTY ma at any time, re SECTION 1-8. CHANGES T T Y� Y request q changes in the scope of services of the CONTRACTOR to be performed hereunder. Such changes, including any increase or decrease in the term, rate or amount of the CONTRACTOR's compensation, as more fully described elsewhere herein, which are mutually agreed upon by and between the COUNTY and the CONTRACTOR, shall be incorporated in written amendments to this Contract. 1 SECTION 1 -9. DELAYS AND EXTENSION OF TIME. If the CONTRACTOR is delayed at any time in the progress of providing services by an act or neglect of Chatham County, or by changes ordered in the Work, or by labor disputes, strikes, insurrections, fires, act of God, unusual but well documented and excusable delays in performance, or other causes beyond the Contractor's control, or by delay authorized by the COUNTY, then the Contract term of service and /or cost may be extended by Contract modification for such reasonable time as the COUNTY and CONTRACTOR may agree. SECTION 1 -10. TERMINATION OF CONTRACT FOR CAUSE. if through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CONTRACTOR shall be in breach of this Contract and the COUNTY shall thereupon give written notice of default to the CONTRACTOR and allow the CONTRACTOR seven (7) calendar days from such notice to cure such default. After notice, the COUNTY shall have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. • If COUNTY fails without cause to make payment when due, the CONTRACTOR may give written notice of the CONTRACTOR's intention to terminate this Agreement. If the CONTRACTOR fails to receive payment within ten (10) days after receipt of such notice by the COUNTY, the CONTRACTOR may give a second written notice and five (5) days after receipt of second written notice by the COUNTY, the CONTRACTOR may terminate this Agreement and recover from the COUNTY payment for services rendered. i 4 II SECTION I -11. CONTRACTOR TO COOPERATE WITH OTHER CONTRACTORS AND GOVERNMENT AGENCIES. If the COUNTY undertakes or awards other contracts for additional related work, the CONTRACTOR and its subcontractors shall fully cooperate with such other contractors and COUNTY employees and carefully fit its own work to such additional work as may be directed by the COUNTY. The CONTRACTOR and its subcontractors shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by COUNTY employees. Costs caused by ill -timed work shall be borne by the responsible party. SECTION 1 -12. INDEMNIFICATION. The CONTRACTOR agrees to protect, defend, indemnify, and hold harmless Chatham County, Georgia, its commissioners, officers, I I agents, and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons caused by the CONTRACTOR or its subcontractors. The CONTRACTOR's obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include, but not be limited to, any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. CONTRACTOR further agrees to investigate, handle, respond to, provide defense for, and to protect, defend, indemnify, and hold harmless Chatham County, Georgia, at his sole expense, and agrees to bear all other costs and expenses related thereto, even if such claims, suits, etc., are groundless, false, or fraudulent, including any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the CONTRACTOR or his subcontractors or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation to indemnify Chatham County under this Section shall not be limited in any way by the agreed -upon contract price as shown in Article 11 or to the scope and amount of coverage provided by any insurance maintained by the CONTRACTOR including, without limitation to, the insurance required to be maintained by the CONTRACTOR pursuant to Section 11 -4 of this Contract. I� SECTION 1 -13. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR shall comply with the relevant requirements of all Federal, State, County or other local laws. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the BOARD shall have the right to annul this j! Contract without liability, or, in its discretion to deduct from the Contract price or 5 1 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. SECTION 1 -14. PROHIBITED INTERESTS. a. Conflict of Interest. The CONTRACTOR and its subcontractors warrant that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further agrees that, in the performance of the Contract no person having any such interest shall be employed. b. Interests of Public Officials. No member, officer, or employee of Chatham County, Georgia, during his tenure shall have any interest, direct or indirect, in this Contract or the proceeds thereof. i t SECTION 1 -15. SUBCONTRACTING. The CONTRACTOR shall not subcontract any part of the work covered by this Contract without the COUNTY's prior written approval of the subcontractor. All approved subcontractors and their personnel assigned to this Project shall be listed on Attachment B-- Personnel Listing of this Contract. 1 SECTION 1 -16. ASSIGNABILITY. The CONTRACTOR shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Contract without the written consent of the COUNTY. SECTION 1 -17. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the CONTRACTOR agrees as follows: a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, place of birth, physical handicap, or marital status; b. The CONTRACTOR will, in all solicitations or advertisements for employees, insure that qualified applicants will receive consideration for employment and will take affirmative action to employ applicants without regard to race, creed, color, sex, age, national origin, place of birth, physical handicap, or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship; c. The CONTRACTOR will cause the foregoing provisions to be inserted in all I subcontracts for any work covered by this Contract so that such provision will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. SECTION 1 -18. ANTI - KICKBACK CLAUSE. Salaries of all personnel performing work under this Contract shall be paid unconditionally and not less often than once a month 6 I 1 without deduction or rebate on any account except only such payroll deductions as are II mandatory by law. The CONTRACTOR hereby agrees to comply with all applicable "Anti - Kickback" laws and shall insert appropriate provisions in all subcontracts covering work fi under this Contract. SECTION 1 -19. PREFERENCE FOR LOCAL LABOR AND PURCHASES. The CONTRACTOR hereby agrees, as part of the consideration to Chatham County for the making of this Contract, that the CONTRACTOR in the carrying out of this contract will give the citizens of Chatham County preference for employment to perform all labor required i by this contract; that the rate of wages to be paid shall not be less than legally required; and that in the purchase of materials to be used in the Work of the Project, preference m shall be given to sources from within Chatham County to the maximum extent practicable. The CONTRACTOR will cause the forgoing provisions to be inserted in all subcontracts so that provisions will be binding upon each subcontractor. SECTION 1 -20. AUDITS AND INSPECTIONS. At any time during normal business hours and as often as the COUNTY may deem necessary, the CONTRACTOR and his subcontractors shall make available to the COUNTY and /or representatives of the I Chatham County Department of Internal Audit for examination all of its records with respect to all matters covered by this Contract. It shall also permit the COUNTY and /or representatives of the Department of internal Audit to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment II and other data relating to all matters covered by this Contract. All documents to be audited ii shall be available for inspection at all reasonable times in the main offices of the COUNTY or at the offices of the CONTRACTOR as requested by the COUNTY. SECTION 1 -21. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of Chatham County, Georgia, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. All changes to this Contract shall be in writing and appended hereto as prescribed in Section 1 -8. SECTION 1 -22. INDEPENDENT CONTRACTOR. The CONTRACTOR shall perform the services under this Contract as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Contract shall be interpreted or construed to constitute the CONTRACTOR or any of its subcontractors, agents or employees to be the agent, employee or representative of Chatham County, Georgia. SECTION i -23. NOTICES. All notices shall be in writing and any notices, demands and II other papers or documents to be delivered to Chatham County, Georgia, under this II Contract shall be delivered in person or transmitted by certified mail, postage prepaid to II the County's Project Manager: MR. MICHAEL GRANT, MANAGER, CHATHAM COUNTY FLEET OPERATIONS, P.O. BOX 8161, SAVANNAH, GEORGIA 31412, (912) 652 -6875 I (PHONE), (912) 652 -6884 (FAX) or at such other place or places as may be subsequently Il designated by written notice to the CONTRACTOR. 7 II II All written notices, demands and other papers or documents to be delivered to the CONTRACTOR under this Contract shall be transmitted by certified mail, postage prepaid, and addressed as follows: MR. JACKIE M. SOMMERS, SR., PRESIDENT, SOMMERS OIL COMPANY, INC., 1 GATEWAY BLVD, SAVANNAH, GEORGIA 31419, 1- 800 -654- I I I 6466 (PHONE), (912) 756 -8703 (FAX), beverette(cr)_sommersoil.com SECTION 1 -24. RESERVED. SECTION 1 -25. CHOICE OF LAW. This Contract shall be deemed to have been executed in Chatham County, Georgia, and all questions of interpretation shall be governed by the laws of the State of Georgia. SECTION 1 -26. COMPLIANCE WITH LAWS. The CONTRACTOR shall comply with all applicable Federal, State, Chatham County and municipal laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the work, including but not limited to Chatham County building code and permits and /or municipal business licenses, building permits, and other local requirements, as applicable. SECTION 1 -27. POST - CONTRACT TERM COMPLETION OF WORK. The CONTRACTOR shall be entitled to complete any work assignments issued near the end of the term of this annual contract but which requires additional time for completion beyond the termination date of this contract. SECTION 1 -28. ACCURACY OF WORK WARRANTED. The CONTRACTOR hereby warrants the accuracy of the Work completed under the terms of this contract and shall promptly correct any errors and omissions at no additional cost to Chatham County. Acceptance of the Work by Chatham County will not relieve the CONTRACTOR of the responsibility for subsequent correction, at no additional cost to Chatham County, of any errors and omissions for a period of one (1) year after substantial completion of the Work. At any time during the course of the work as specified in the documents contained or work performed by others based on data secured by the CONTRACTOR under this Contract, the CONTRACTOR shall confer with the COUNTY to correct any errors or omissions made by the CONTRACTOR. The CONTRACTOR shall prepare any reasonable data required by the COUNTY to correct such errors or omissions. The above consultations, clarifications or corrections shall be made without added compensation. The CONTRACTOR shall give immediate attention to these changes so that there will be a minimum delay to COUNTY. ARTICLE Ii COMPENSATION, FINANCIAL ADMINISTRATION AND GUARANTEES SECTION 11 -1. COMPENSATION FOR CONTRACTOR SERVICES. The COUNTY shall pay the CONTRACTOR for his services as follows: AS LISTED ON ATTACHMENT C. 8 SECTION 11-2. COMPENSATION SCHEDULE. The detailed project compensation schedule is shown in Attachment C and is attached hereto and incorporated herein as a , part of this Contract. Any changes to the cost will be directed to the CONTRACTOR by the County Contract Administrator in writing, and said document shall automatically become an addition to Attachment C. SECTION 11 -3. METHOD OF COMPENSATION. The compensation provided for herein shall include all claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the conduct of the work as authorized by the approved Project Compensation Schedule and this amount shall be paid to the CONTRACTOR after receipt of the invoice and approval of the amount by the COUNTY. The COUNTY shall make payment(s) to the 11 CONTRACTOR in accordance with the schedule as indicated and provided for on forms approved by the County Project Manager. The making of total or final payment shall constitute a waiver of all claims by Chatham County except those arising from unsettled liens, faulty or defective Work appearing after substantial completion, failure of the Work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contract Documents or those items previously made in writing and identified by the COUNTY as unsettled at the time of final application for payment. Acceptance of total or final payment shall constitute a waiver of all claims by the CONTRACTOR, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of final application for payment. SECTION 11 -4. INSURANCE PROVISIONS The CONTRACTOR shall procure, and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his Agents, Representatives, and Employees. The cost of such insurance shall be included in the CONTRACTOR's bid. Prior to the commencement of any work the CONTRACTOR shall obtain and furnish certificates of insurance to the COUNTY indicating the following minimum lines of coverage: A. Scope of Coverage as applicable Insurance coverage shall be at least as broad as: (1) Current Insurance Service Office (ISO) Commercial General Liability coverage, and where applicable, supplemented by Umbrella /Excess with coverage as broad as the underlying Commercial General Liability pollcy(s). Commercial General Liability shall be written on an Occurrence basis with Products and Completed Operations, and Contractual Liability. (2) Current Insurance Service Office Business Auto coverage including Code 1, "Any Auto." (3) Worker's Compensation and Employer's Liability 1 1 II 9 II II II B. Limits of Insurance Effective coverage shall have the following limits: (1) Commercial General Liability: $1,000,000 Combined Single Limit General Aggregate for bodily injury, property damage, Products - Completed Operations, Owners and Contractors Protective Liability, and Contractual Liability. II (2) Business Auto Liability: $1,000,000 Combined Single Limit per accident f II or bodily injury and property damage, including Code 1 - "Any Auto." (3) Worker's Compensation that shall comply with all applicable state and II federal laws and shall include Employer's Liability with a minimum limit of $500,000. C. Special Requirements: (1) Severability of Interest: Where applicable, any insurance coverage provided by any party other than Chatham County, and which may indemnify I Chatham County, the limits stated under such coverage shall apply i separately to Chatham County. (2) Reporting Provisions: Any failure to comply with reporting provisions of II any applicable policy shall not affect coverage, if any, afforded on behalf of I I Chatham County, its officials, officers, employees, or volunteers. I (3) Cancellation /Non- Renewal Notification: Each applicable insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled, except after thirty (30) days prior written notice by certified mail, I1 return receipt requested, has been given to Chatham County. I' (4) Proof of Insurance: The Contractor is required to carry insurance under III this contract and shall furnish Chatham County with certificates of insurance I with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. I (5) Insurer Acceptability: Insurance is to be placed with insurers with a Best's l i rating of no less than A:V. (6) Lapse of Insurance Coverage: A lapse of insurance coverage shall constitute ground for termination of this contract by the Chatham County I ' Board of Commissioners. I I SECTION I1 -5. RESERVED. io �I SECTION 11-6. MAINTENANCE OF PROJECT FINANCIAL RECORDS. The CONTRACTOR shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project, where appropriate, and shall make such material available at all reasonable times, during the period of the Contract and for three (3) years from the date of final payment under the Contract, for inspection by the COUNTY or any reviewing agencies, and copies thereof shall be furnished upon request. II I The CONTRACTOR agrees that the provisions of this Article shall be included in any contracts it may make with any subcontractor, assignee, or transferee. i SECTION 11 -7. PAYMENT OF TAXES AND FEES. The CONTRACTOR shall request and obtain any necessary inspections from the County Project Manager should same be II required. The cost of any permit fees required by the County, and not waived, shall be paid by the CONTRACTOR. II I I I ARTICLE III I SERVICES PROVIDED BY THE COUNTY I SECTION 111 -1. SCOPE OF SERVICES. It is agreed and understood that certain services, if required, will be performed and furnished by the COUNTY in a timely manner so as not to delay the CONTRACTOR unduly in his performance of said obligations. II SECTION 111 -2. INFORMATION TO THE CONTRACTOR. The COUNTY will supply the II CONTRACTOR with adequate copies of all data pertaining to the required service, plus full I I I information as to the COUNTY's requirements for the service including any known pertinent data from any other CONTRACTORS performing work that would affect this Project. SECTION 111 -3. COUNTY STAFF RESPONDING TO CONTRACTOR EXPEDITIOUSLY. 1 The COUNTY will examine all data as the County deems appropriate for such examination and rendering written decisions pertaining thereto within a reasonable time so as not to delay the services of the CONTRACTOR. SECTION 111 -4. COUNTY GIVING NOTICE OF PROBLEMS. The COUNTY shall give I prompt verbal and /or written notice to the CONTRACTOR whenever the COUNTY i If observes or otherwise becomes aware of any defect in the service or changed circumstances. II i SECTION 111 -5. ACCESS TO PROPERTY. The COUNTY will guarantee access to and make necessary provisions for the CONTRACTOR to enter upon public and private I II property as required for the CONTRACTOR to perform his services under this Contract. i I I 1 1 11 I I • ARTICLE IV SCOPE OF SERVICES PROVIDED BY THE CONTRACTOR SECTION IV -1. CONTRACTOR MISSION STATEMENT. The CONTRACTOR shall do, perform, and carry out the services as specified below in a satisfactory and proper manner and in conformance with the standard practices and procedures of its professions. i CONTRACTOR TO PROVIDE GASOLINE AND DIESEL FUEL FOR CHATHAM COUNTY AND ALL PARTICIPATING AGENCIES AS SPECIFIED IN BID NO. 10 -1 -9 -5 WHICH IS HEREBY INCORPORATED BY REFERENCE IN ITS ENTIRETY. SECTION IV -2. DETAILED SCOPE OF SERVICES. The detailed scope of services to be performed by the CONTRACTOR includes those services required and issued to the CONTRACTOR by the County's Project Manager. All work shall comply with current Chatham County Codes and shall be inspected or caused to be inspected by the County Project Manager as appropriate. IN WITNESS WHEREOF, the parties hereto acting through their duly authorized agents have caused this Contract to be signed, sealed and delivered. ATTEST: CONTRACTOR: THE SO i; ER COMPANY, INC. a W ICIftj 491,16;11-0t) A _use _l SIGNATURE ' GNA ' E Linda Bullock- Gilliard Executive Secretary J. M. Sommers - President NAME /TITLE NAME /TITLE I attest that the Corporate Seal attached to this Document is in fact the seal of the Corporation and that the Officer of this Corporation executing this Document does in fact occu official position indicated and is duly authorized to execute such document on be'half 'of this.Corporation. CPQ.RITE. CHATHAM COUNTY, GEORGIA: ~ `'. rr ... s (e f�' :grit :,,• PETE = LIAKAKISH�''.aR AN BOARD OF COl1 11 i . APPROV t AS FO AND LEGALITY: a p F ,; R. JON 71311.-- H A RT, COUNTY ATTORNEY ! SY =Jr E. TILLMAN, CtEE fts!'' 4 ' y CONTRACT NO. 10 -1 -9 -5 . i 12 ATTACHMENT "A" DRUG FREE WORKPLACE CER11I+ICATCON The undersigned certifies that the provisions of Code Sections 50 -24-1 through 50-24-6 of the Official Code to Georgia Annotated, related to the Drug Free Workplace have been complied with full. 1. A chug fire workplace will be provided for the employees during the performance of the contract and 2. Each sub - contractor under the direction of the Contractor shall secure the following written certific Ation: The Sommers Comp any (Contractor) certifies to Chatham c ounty that a drugfiae workp lace I . will be provided for the employees during the performance of this contract known as ANNUAL CONTRACT FOR GASOLINE AND NEW . FUEL FOR CHATHAM COUNTY ANDALL PARTICIPATING AGENCIES pursuant to paragraph (7), of subsection (B) of Code Section 50 -24-3. Also, the undersigned father certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a cor red sub ce or , • during the performance of the contract. 9 - 17 - 09 COACIOR DAIp; ( -- ISO ARY DAIE LINDA H BULLOCK GtLLIARD Notary Public, Liberty County, GA iv Comm Expires January 23, 2012 I i i 34 ATTACHMENT `B" PROMISE OF NON DISCRINJNATION STATEMENT + NT Know All Men By These Presents, thatl(We), RobertHEverette RPSM , The Sommers Company, Name Title Naive of (herein after company"),in consideration of the privilege to bid/or propose on the following Chatham County project procurement (ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL FOR CHATHAM COUNTY AND PARTICIPATING AGENCIES), hereby consent, covenant and agree as follows: (1) No person shall be excluded from participation in, denied the benefit of or otherwise discriminated against on the basis of race, color, national origin or gender in connection with the bid submitted to Chatham County or the performance ofthe contract resulting therefrom; (2) That it is and shall be the policy of this Company to provide equal opportunity to all business persons seeking to contract or otherwise interested with the Company, Including those companies owned and controlled by racial minorities, and women; (3) In connection herewith, 1 (We) acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide minority and women owned companies with the maximum practicable opportunities to do business with this Company on this contract; (4) That the promises of non-discrimination as made and set forth herein shall be continuing throughout the duration of this II contract with Chatham County; (5) That the promises of non- discrinmination. as made and set forth herein shall be and are hereby deemed to be made a part of and incorporated by reference in the contract which this Company may be awarded; (6) That the failure of this Company to satisfactorily discharge any of the promises of non-discrimination as made and set forth above may constitute a material breach of contract entitling the County to declare the contract in default and to e. - appropriate -. - -• es including but not limited to termination ofthe contract. _ Sept 17, 2009 Signature Date 35 ATTACHMENT "C" LETTER OF INTENT TO PERFORM AS A MINORITY/WOMEN BUSINESS ENTERPRISE SUBCONTRACTOR/JOINT VENTURE PARTNER THIS FORM MUST BE COMPLETED BY THE SUCCESSFUL SUB - CONTRACTOR AND SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER OR PROPOSER BEFORE APPROVAL OF CONTRACT AWARD IS REQUESTED BY COUNTY FROM THE BOARD OF COMMISSIONERS TO: CHATHAM COUNTY PURCHASING PROJECT: ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL FOR CHATHAM COUNTY AND PARTICIPATING AGEVCIES BIDDER: THE SOMMERS COMPANY DAIE: September 17, 2009 The undersigned has agreed to perform work in connection with the above project as: a sole proprietorship (individual) Xx a corporation a partnership a joint venture Detailed. description of work items to be performed: Delivery of Gasoline and Diesel Fuel at the following price $ Type or Print Name of M/WBE Sub - Contractor By. Title: Printed Name: The undersigned will enter into awiiden ageement with the above M/WBE Contractor for the work described upon award and execution of a contact with Chatham County. Typed or Print Name ofFimi Signattue: Title: Printed Name: Date: 36 ATTACHMENT "D" DISCLOSURE OF RESPONSIBILITY STATEMENT Failure to complete and return this information will result in your bid/ offer /propoR21 being disqualified from further competition as nonresponsive. 1. List any convictions ofanyperson, subsidiary, or affiliate ofthe company, arising outofobtaining, orattemptingto obtain a public or private contract or subcontract, or in the perfonnance of such contract or subcontract. NONE 2. List any indictments or convictions of any person, subsidiary, or affiliate of this company for offenses such as embezzlement, theft, fraudulent schemes, etc. or any other offenses indicating a lark of business integrity or business honesty which affects the responsibility of the contractor. NONE 3. List any convictions or civil judgtnents under states or federal antitrust statutes. NONE 4. List any violations of contract provisions such as knowingly (without good cause) to perform, or unsatisfactory performance, in accordance with the specifications of a contract. NONE 5. List any prior suspensions or debarments by any governmental agency. NONE 6. List any contracts not completed on time. NONE 7. List any penalties unposed for time delays and/or quality of materials and workmanship. NONE 8. List any documented violations of federal or any state labor laws, regulations, or standards, occupational safety and health rules. NONE 37 ROBERT H . EVERETTE REGIOI3AL PETROLEUM SALES MANAGER Title &Authority Name of individual declare under oath that of THE SOMMERS COMPANY company Name THE SOMMERS COMPANY ..: ;,.plemental � attached hereto, are true. ve �� - • ents, � .. luding� the abo / t �,I�.. Signature State of • County of CHATHAM 1� 1 �_ Subscribed and swom to before me on this .__ day o f , to be represen 2009 by L 10,,� P_Q. • of the company named herein. ( j ,. OA ' N public LINDA H BULLOCK GILLIARD My Commission expo ' Notary Public, Liberty County, GA ' M y Commission Expires January 23, 2012 J I Resident Staff . , 38 CITY Y O SAVANNAH ^. REVENUE DEPARTMENT —mot„ no El e•o + ,in.�. -.� son Business 'Tax Certificate -_ Expires December 31, 2009 Name and Address: THE SOMMERS COMPANY #26 POST OFFICE BOX 1869 ©ca #iou: RICHMOND HILL, GA 31324 Account Number: Tax Class: NAICS Number: Classification: 5 815 WATERS AVENUE 023634 A • 221210 NATURAL GAS DISTRIBUTION I ' I AlAl ‘Ali AlAlLlL1Al1v�Al rAlAlL lAlAlI A l 21 Al Al Al Al Al 21 Al A Al A n a o n 21 21 o ult.x, ci, y6 n O Al Al d r ''' i N t r i Al 21 H g b � O r.4 ;b 0 t' 7 Z O Z Al c Ai , , . . .t - ) m a n (-1 Al 21 d H A y O �i O L'It P el' Al A y ° 0 A Al 0 If % 141 ' Al z r , � o ,0d on ,, Ea i t -: 4 ( = it :Z s-: g ::- A l V t _ i tii )a' 2 1 4 t-i I. P a - 1›- ' N O �I1 0 , \ N �r• o ` J 0 * A ' tt a, §N g \ ,-0 . t.,4 A 2 ' \ ,r, 4 z t , x g 14 $.tt Al m 5 /7fil E 21 En a � � r 1 21 x � "'c4 n q 00 r H° � � N H c Al Al i cp. 2 r4 o y Al tt d pr iH Al .1 A. iii rel 1E1 r Fil Fil VII Al Al Al 21 Al Al Al Al Al Al Al Al A Al Al 2I .2 • • • • Georgia 10SOMMERSOIL INSURANCE IDENTIFICATION CARD (STATE) COMPANY NUMBER COMPANY Nationwide Agribusiness Ins. Co. POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE CA118240A 10/06/2008 10/06/2009 YEAR MAKE/MODEL VEHICLE IDENTIFICATION NUMBER 2008 Fleet Fleet AGENCY /COMPANY ISSUING CARD J Smith Lanier & Co of Albany P O Box 1948 Albany, GA 31702 INSURED The Sommers Company, Inc. & Sommers Oil Company, Inc. • P. O. Box 1869 Richmond Hill, GA 31324 -1869 # 126733 SEE IMPORTANT NOTICE ON REVERSE SIDE • 1 • • • • • ATTACHMENT C PROJECT COMPENSATION SCHEDULE PAYMENT WILL BE MADE BY INVOICE SUBMITTED TO PROJECT MANAGER FOR SERVICES SATISFACTORILY COMPLETED. CONTRACT PRICES ARE AS FOLLOWS: REGULAR WORKING HOURS (MONDAY THROUGH FRIDAY): Unleaded Regular- Transport Loads O.P.I.S. +$.0050 /Gallon Unleaded Premium- Transport Loads O.P.LS. - $.0100 /Gallon Unleaded Plus- Transport Loads O.P.1.S. - $.0100 /Gallon ULS Diesel Fuel- Transport Loads O.P.I.S. +$.0125 /Gallon (On & Off Road) WEEKEND /HOLIDAY RATE: Unleaded Regular- Transport Loads O.P.I.S. +$.0050 /Gallon Unleaded Premium- Transport Loads O.P.I.S. - $.0100 /Gallon , Unleaded Pius- Transport Loads O.P.I.S. - $.0100 /Gallon ULS Diesel Fuel- Transport Loads O.P.I.S. +$.0125 /Gallon (On & Off Road) 15 INVITATION TO BID PROPOSAL BID NO. 10 -19 5 ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL FOR CHATHAM COUNTY AND ALL PARTICIPATING AGENCIES PRE-BID CONFERENCE: 10:00 A.M., SEPTEMBER 10, 2009 BID OPENING: 2:00 PM, SEPTL MBER 18, 2009 THE COMMISSIONERS OF CHATHAM COUNTY, GEORGIA PETE UAKAKIS, CHAIRMAN COMMISSIONS HELEN L. STONE COMMISSIONER JAMES J. HOLMES COMMISSIONER PATRICK O. SHAY COMMISSIONER PATRICK K FARRELL COMMISSIONER HARRIS ODELL, JR. COMMISSIONER DAVID M GELLATLY COMMISSIONER DEAN K[CKLIGHIER COMMISSIONER PRISCILLA D. THOMAS R JONATHAN HART, COUNTY ATTORNEY • i CHATHAM COUNTY, GEORGIA 1 CHATHAM COUNTY, GEORGIA DOCUMENT CHECK TNT The following documents, when marked, are contained in and made a part of this Bid Package or are required to be submitted with the bid. It is the responsibility of the bidder to read, complete and sign, where indicated, andretumthese documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFYING =BID. X GENERAL INFORMATION AND INSTRUCTIONS TO BID X SURETY REQUIREMENTS X PROPOSAL X BID SCHEDULE X CONTRACT- (ON FILE AT THE CHATHAM COUNTY PURCHASING DEPARTMENT) X LEGAL NOTICE COUNTY TAX CERE FICATE REQUIREMENT: Contractor must supply a copy of their Tax Certificate as proof of payment ofthe occupational tax where their office is located. CURRENT TAX CERTIFICAIENUMBER CITY 427 (Copy Enclosed) COUNTY OTHER RECEIPT IS HEREBY ACKNOWLEDGED OF ADDENDA NUMBERS 1 & 2 The undersigned bidder certifies that h- , has received the above listed and marked documents and acknowledges that his/her failure to return . e =• .11d si: i _ • rewired, may be cause for disqualifying his/her bid. BY: ' ' e .■ ___F SIGNATURE DA1B Chatham County has established goals to increase participation of minority and female owned businesses. In order to accurately document participation, businesses submitting bids or proposals are strongly encouraged to report ownership status. A minority or female business is defined as a business with 51% or greater minority of female ownership or general management Please check ownership status as applicable: i African - American Asian American Hispanic Native American or Alaskan Indian Female In the award of "Competitive Sealed Bids ", minority /female participation may be one of several evaluation criteria used in the award process. 2 2010 COOPERATIVE BID FOR GASOLINE AND DIESEL FUEL Participating Agencies: Chatham County Board of Commissioners City of Savannah Savannah Airport Commission City of Tybee Island Town of Thunderbolt Savannah - Chatham Board of Education City of Bloomingdale CHATHAM COUNTY, GEORGIA 3 CHATHAM COUNTY, GEORGIA OFFICE OF THE PURCHASING AGENT POST OFFICE BOX15180 SAVANNAH, GEORGIA 31416 (912) 790 -1619 Date: August 28, 2009 BID NO. 10-1-9-5 GENERAL INFORMATION FOR INVITATION FOR BID/PROPOSAL This is an invitation to subunit a bid or proposal to provide Chatham County with construction, goods and/or services as indicated herein. Sealed bids or proposals will be received at the Office of the Purchasing Agent; 1117 EISENHOWER DRIVE, SUITE C, Savannah, Georgia, up to 2:00 PM, SEPTEMBER 18, 2009 at which time they will be opened and f publicly read. The Purchasing Agent reserves the right to reject any and all bids and to waive formalities. Instructions for preparation and submission of a bid or proposal are contained in this solicitation package. Please note that specific forms for submission of a bid /proposal are required. Bids must be typed or printed in ink If you do not submit a bid/proposal, r rum the signed bid invitation sheet and state the reason; otherwise, your name may be removed from our bidders list A PREBID CONTERENCE has been scheduled to be conducted in the Office of Purchasing and Contracting , located. at the "1117 EISENHOWER DRIVE, SUITE C, Savannah, Georgia, 10:00 AM, SEPTEMBER 10, 2009 to discuss the Specifications or Scope of Services and resolve any questions and/or misunderstanding that may arise. You are encouraged to attend Any changes to the conditions and specifications must be in the form of a v■tten addendum to be valid; therefore, the Purchasing Agent will issue awritten addendum to document each approved change. Generally when addenda are required, the bid opening date will be changed. Chatham County has an equal opportunity purchasing policy. Chatham County seeks to ensure that all segments of the business community have access to supplying the goods and services needed by County t iograms. The County affirmatively works to encourage utilization of disadvantaged and minority business enterprises in our procurement activities. The County provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, I + color, religion, age, sex, national origin or handicap. The teens "disadvantaged business," "minority business enterprise,' and "minority person" are more specifically defined and explained in the Chatham County Purchasing Ordinance and Procedures Manual, Article VII - Disadvantaged Business Enterprises Program. it 4 iI SECTION I INSTRUCTIONS TO BIDDERS/PROPOSERS 1.1 PURPOSE: The purpose of this document is to provide general and specific information for use in. submitting a bid or proposal to supply Chatham County with equipment, supplies, and/or services as described herein. All bids/proposals are governed by the Code of Chatham County, Chapter 4, Article IV, and the laws of the State of Georgia P BID PROPOSALS: All bid proposals 12 HOW TO PREPARE p po sals shall be: A. Prepared on. the forms enclosed herewith, unless otherwise prescribed, and all documents must be completed and submitted or your proposal may be declared non and rejected. B. Typewritten or completed with pen and black or blue ink, signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the proposal. ALL SIGNATURE SPACES MUST BE SIGNED. I Bidders are encouraged to review carefully all previsions and attachments of this document prior to submission. Each bid constitutes an offer and may not be withdrawn except as provided herein 13 HOW TO SUBMIT BID PROPOSALS: All bid proposals shall be: A. Submitted in sealed opaque envelopes, plainly marked with the bid number and title, date and time of bid opening, and company name. B. Mailed or delivered as follows in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. I I a. Mailing Address: Purchasing Agent, Post Office Box 15180, Savannah, Georgia 31416. b. Hand Delivery: Purchasing Agent, 1117 Eisenhower Drive, Suite C, Savannah, Geoxg<aa, 31406. BIDS NOT RECEIVED BY'I1IE TIME AND DAZE SPECIFIED WILL NOT BE OPENED OR CONSIDERED. 1.4 HOW TO SUBMIT AN OBJECTION: Objections from bidders to this invitation to bid and/or these specifications should be brought to the attention of the County Purchasing Agent in the following manner: A. When a P re bid conference is scheduled, bidders shall either present their oral objections at that time or at two prior to the scheduled bid conference. subunit their written objections least tw 2 J (2) I� B. When a pre -bid conference is not scheduled, the bidder shall submit any objections he may have in writing not less than five (5) days prior to the opening of the bid 5 C. The objections contemplated may pertain to form and/or substance of the invitation to bid documents. Failure to object in accordance with the above procedure will constitute a waiver on the part of the business to protest this invitation to bid 1.5 FAILURE TO BID: If a bid is not submitted, the business should rerun this invitation to bid document, stating reason therefore, and indicate whether the business should be retained or removed from the County's bidders list 1.6 ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifirations before submitting bids. Failure to do so will be at the bidder's own risk. In case of error in extension of prices in the bid, the unit price will govern. 1.7 STANDARDS FOR ACCEPTANCE OF BID FOR CONTRACT AWARD: The County reserves the right to re any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the County. The County reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract 1.8 BID TABULATION: Tabulations for all bids will be posted for thirty (30) clays proceeding the bid opening in the Office of Purchasing and Contracting, 1117 Eisenhower Drive, Suite C, Savannah, Georgia 31406. Bidder's who desire to receive a copy of the bid tabulation must include a self addressed stamped envelope with their bid. 1.9 BIDDER Whenever the tern "bidder" is used it shall encompass the "person," 'business," "contractor," "supplier," "vendor," or other party submitting a bid or proposal to Chatham County in such capacity before a contract has been entered into between such party and the County. 1.10 COMPLIANCE WITH LAWS: The bidder and/or contractor shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or County stature, ordinances and rules during the performance of any contract between the contractor and the County. Any such requirement specifically set forth in any contract document between the contractor and the County shall be supplementary to this section and not in substitution thereof 1.11 CONTRACTOR Contractor or subcontractor means any person or business having a contract with Chatham i County. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. Any subcontracting must be specified in the bid/proposal. All subcontractors must be approved by the County! 1.12 LOCAL PACE: On 27 March, 1998, the Chatham County Board of Commissioners adopted a `Total Vendor" Preference Ordinance that gives the lowest Chatham County vendor submitting a responsible bid/quote the opportunity to match the lowest price offered by an out -of- County vendor. If the County vendor confines in writing to match within 24 hours, the award will be made to the Chatham County vendor. The lowest Chatham County responsive bidder will be afforded the `light to first refusal ". "Local Vendor" is defined as a business or supplier which operates and maintains a regular place of business within the geographical boundaries of Chatham County, or one of the local Municipalities of the County AND all real and personal property taxes are paid prior to award of a contract or purchase. 6 1.13 1VBNORTTY/FEMALE BUSINESS DEVELOPMENT PROGRAM: Chatham County Board of Commissioners adopted a policy establishing goals oriented to increase participation of minority and female owned I businesses, through MBFJFBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status. A minority or female business is defined as a business with 51% or greater minority or female ownership or general management A bidder or vendor that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their bid as proof of qualifications. Bidders that intend to engage in joint ventures or utilize sub-consultants must submit to the County Contract Administrator, a report on Minority/Female Business Enterprise participation. If available and utilized, the goals for this Contract is 7% Minority or 5% Female participation. The required information and format can be obtained by person, mail or fax from the Purchasing Office, by contacting Mrs. Kathleen Watson-Scott, Procurement Specialist, at (912) 790 -1619. SECTION 1 GENERAL TERMS, CONDITIONS AND EXCEPTIONS 2.1 CONTRACT COMMITMENT: This Bid/RFP does not commit Chatham County to award a contract; to issue a purchase order, or to pay any costs insured in the preparation of a bid/proposal in response to this request I I I 2.2 GEORGIA OPEN RECORDS ACT: The responses will become part of the County's official files without any I obligation on the County's part. Ownership of all data, materials and documentation prepared for and submitted to Chatham County in response to a solicitation, regardless of type, shall belong exclusively to Chatham County and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50- 18 -70, et Seq., sinless otherwise provided by law. Responses to Bids/RFPs shall be held confidential from all parties other than the County until after the contract is awarded by the Board of Commissioners. The vendor and their bid price in response to Bids will be read aloud at I public bid openings. After Board approval, all solicitations shall be available for public viewing. Chatham County shall not be held accountable if material from responses is obtained without the written consent of the vendor by parties other than the County, at any time during the solicitation evaluation process. GEORGIA TRADE SECRET ACT OF 1990: In the event a Bidder/Proposer submits trade secret information I 23 GE to the County, the information must be clearly labeled as a "Trade Secret'. The County will maintain the confidentiality of such trade secrets to the extent provided by law. 2.4 CONTRACTOR RECORDS: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the County. This applies to those specific contracts currently in effect and those which have been completed or closed for up th three (3) years following completion. Again, this is contract specific to the County contracts only. 2.5 INTERPRETING SPECIFICATIONS: The specifications or scope of services contained herein are intended to be descriptive rather than restrictive. The County is soliciting a bid/proposal to provide a complete product or service 7 package which meets its overall requirements. Specific equipment and system references may be included in this IFB/RFP for guidance, but they are not intended to preclude bidders/proposers from recommending altemative solutions offering comparable or better performance or value to the County. Unless specifically stated otherwise with regard to a specific item of equipment, it should be assumed that the County requires all equipment proposed for this project to be supported by a manufacturer's warranty which is equal or better than the prevailing standard in the industry. Any obvious error or omission in specifications shall not in to the benefit of the bidder but shall put the bidder on notice to inquire of or identify the same from the County. Whenever herein mention is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, ASTM regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements. Changes in the scope of services or specifications. Terms and conditions of this IFB/RFP will be made in writing by the County prior to the bid/proposal due sate. Results of informal meetings or discussions between a potential bidder/proposer and a County official or employee may not be used as a basis for deviations from the requirements contained in this solicitation. 2.6 MULTIPLE BIDS: No vendor will be allowed to submit more than one bid. Any alternate proposals must be brought to the Purchasing Agents attention during the Pre bid Conference or submitted in writing at least five (5) days preceding the bid opening date. 2.7 BID FOR ALL OR PART: Unless otherwise specified by Chatham County or the bidder, CHATHAM COUNTY RESERVES THE RIGHT TO MAKE AWARD ON ALL ITEMS, OR ON ANY OF THE ITEMS WHICH WILL BE IN THE BEST INTEREST OF CHATHAM COUNTY. Bidder may restrict his bid to consideration in the aggregate by so stating, but must name a r nit price on each item bid upon. 2.8 BID ACCEPTANCE PERIOD: Bidders accept that the County requires a maximum of sixty (60) days from bid opening date to evaluate all bids before making a final recommendation to award bid, unless otherwise state in the bid. 2.9 COMPI F,TTNESS: All information requires by Invitation for Bids/Proposals must be completed and submitted to constitr rte ; a proper bid or proposal. I 2.10 QUALITY: All materials or lies used for the construction necessary to comply with this proposal shall be of 1 4 supplies Y p Y the best quality, and of the highest standard of workmanship. Workmanship employed in any constriction, repair, or installation required by this proposal shall be of the highest quality and meet recognized standards within the respective trades, crafts and of the skills employed. 2.11 GUARANTEE: Unless otherwise specified by the County, the bidder shall unconditionally guarantee the materials and workmanship on all material and /or services. It within the guarantee period any defects occur which are true to faulty material and or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and /or services to the complete satisfaction of the County. These weirs, replacement or adjustments shall be made only at such time as will be designed by the County as being least detrimental to the operation of County business. I 2.12 LIABILITY PROVISIONS: Where bidders are required to enter or go onto Chatham County property to take measurements or gather other information in order to prepare the bid or proposal as requested by the County, the bidder shall be liable for any injury, damage or loss occasioned by negligence of the bidder, his agent, or any person the bidder has designated to prepare the bid and shall indemnify and hold harmless Chatham County from any liability arising therefrom. The contract document specifies the liability provisions required of the successful bidder in order to be awarded a contract with Chatham County. 2.13 DEBARRED FIRMS, INDICTIVIENTS AND PENDING LITIGATION: Any potential proposer/fima listed on. the Federal or State of Georgia Excluded Parties Listing Maned for doing business) will not be considered for contract award. Proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., and any action that may be a conflict of interest occurring within the past five (5) years. Any proposer/firm previously defaulting or terminating a contract with the County will not be considered. * *All bidders or proposers are to read and complete the Disclosure of Responsibility Statement enclosed as an Attachment to be returned with. response. Failure to do so may result in your solicitation response being rejected as non-responsive. Bidder acknowledges that in performing contract work for the Board, bidder shall not utilize any firms that have been a party to any of the above actions. If Bidder has engaged any film to work on this contract or project that is later I debarred, Bidder shall server its relationship with that limn with respect to Board contract 2.14 CANCELLATION OF CONTRACT: The contract may be canceled or suspended by Chatham County in whole or in part by written notice of default to the Contractor upon non performance or violation of contract terms. An award may be made to the next low bidder, for articles and/or services specified or they maybe purchased on the open market and the defaulting Contractor (or his surety) shall be liable to Chatham County for costs to the County in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.15 PATENT INDEMNITY: Except as otherwise provided, the successful bidder agrees to indemnify Chatham County and its officers, agents and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal for ' the account of the County of supplies famished or construction work performed hereunder. 2.16 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By submission of this bid, the bidder certifies, and nithe case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement 1. The prices in this bid have been anived at independently, without consultation, communication, or i 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; and i 3. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not I ■ be submit a bid for the purpose or restricting competition. I 9 2.17 AWARD OF CONTRACT: The contract, if awarded, will be awarded to that responsible bidder whose bid/proposal will be most advantageous to Chatham County, price and other factors considered. The Board of Commissioners will make the determination as to which bid or proposal best serves the interest of Chatham County. Appeal of an award can only be made after the Board of Commissioners make the award! 2.18 VENDOR PERFORMANCE EVALUATION: On April 11, 2008, the Board of County Commissioners approved a change to the County Purchasing Ordinance requiring Vendor Performance Evaluations, as a minimum, annually, prior to the contract anniversary date. Should vendor performance be unsatisfactory, the appointed County Project Manager for the contract may prepare a Vendor Complaint Fonn or a Performance Evaluation to the Purchasing Agent 2.19 PROCUREMENT PROTESTS: Objections and protests to any portion of the procurement process or actions of the County stag may be filed with the Purchasing Agent for review and resolution. The Chatham County Purchasing Procedures Manual, Article IX - Appeals and Remedies shall govern the review and resolution of all protests. 2.20 UALIFICA]CION OF BU O SiNESS ONS1t3LE BIDDER OR(��' PROPOSER: Defined as a person or fum who has the capability in all respects to perform fully the contract requirements, and the tenacity, p rseverance, experience, integrity, .reliability, capacity, facilities, equipment and credit which will ensure good faithful performance. (Responsive Bidder or Proposer): Defined as a person or firm who has submitted a bid or proposal which conforms in all matelot respects to the requirements set forth in the invitation for bids or request for proposal, such as submission by the date of the bid acceptance is stated and can meet all requirements for licensing, insurance, and service contained within this Invitation for Bid or PioposaL Chatham County has the right to require any or all bidders to submit documentation ofthe ability to perfors, provide, or carry out the service or provide the product requested. Chatham County has the right to disqualify the bid or proposal of any bidder or proposer as being nonresponsive or non-responsible whenever such bidder/ ser cannot document the ability to deliver the t 1�1� �Y requestedprod uc 221 COUNTY TAX CER11FICA t! `E REQUIREMENT: Contractor must supply a copy of their Tax Certificate as proof of payment ofthe occupational tax where their office is located. Please contact the Chatham County Department of Building and Regulatory Services at (912) 201 -4300 for additional information 222 DEIJNOUENT REAL AND PERSONAL PROPERTY TAXES: No contract shall be awarded unless all real and personal property taxes have been paid bythe successful contractor and/or subcontractors as adopted bythe Board of Commissioners on April 8,1994. 2.23 INSURANCE PROVISIONS: The selected CONTRACTOR shall be required to prorate and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Bid. Contract workwitl not proceed without a current Insurance Certificate being in the possession of Chatham County. 2.23.1 General Tnfonnation that shall appear on a Certificate of Insurance: I. Name of the Producer (Contractor's insuuance Broker/Agent). IL Companies affording coverage (there may be several). 10 III. Name and Address of the Insured (this should be the Company or Parent of the firm Chatham County is contracting with). IV. A Summary of all current insurance for the insured (includes effective dates of coverage). V. A brief description of the operations to be performed, the specific job to be performed, or contract number. VL Certificate Holder (This is to always include Chatham County). 2232 Minimum Limits of Insurance to be maintained for the duration of the contract A. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor or Tenant This policy cl coverage includes: premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $1,000,000 bodily injury and property dame per occurence and anoint aggregate. B. Worker's Compensation and Employer's Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within 1 the scope of their duties. Employer's Liability coverage is usually included in Worker's Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker's Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, disease each employee and Statutory Worker's Compensation limit. C. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor's use of automobiles. Minimum limit $1,000,000 combined single limit per accident for bodily injutyut and property damage. Coverage should be written on an "Any Auto" basis. 223.3 Special Requirements: A. Claims -Made Coverage: The limits of liability shall remain the same as the occurrence basis, however, the Retroactive date shall be prior to the coincident with the date of any contract, and the Certificate of Insurance shall state the coverage is claims -made. The Retroactive date shall also be specifically stated on the Certificate of Insurance. B. Extended Reporting Periods: The Contractor shall provide the County with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. C. Reporting Provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided in relation to this request D. Cancellation: Each insurance policy that applies to this request shall be endorsed to state that it shall not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been &en to the County. II 11 E. Proof of Insurance: Chatham County shall be fur ►ished with certificates of insurance and with original endorsements affecting coverage required by this request. Th e certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf All certificates of insurance are to be submitted prior to, and approved by, the County before services are rendered. The Contractor mus ensure Certificate of Insurance are updated for the entire term of the County. F. Insurer Acceptability: Insurance is to be placed with an insurer having an AM Best's rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five year basis, the current total Best's rating will be used to evaluate insurer acceptability. G. Lapse in Coverage: A lapse in coverage shall constitute grounds for contract termination by the Chatham County Board. of Commissioners. H Aggregate Liability Limits: Prior to commencement of services, the Contractor must provide a statement from all liability cansers indicating the currently available limits of liability for all policies requested herein. L Deducti`liles and Self Insured Retention: Any deductibles or self - insured retention must be declared to, and approved by, the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self - insured retention as related to the County, its officials, officers, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense epenses. 2.24 INDEMNIFICATION: The BIDDER agrees to protect, defend, indemnify, and hold harmless Chatham County, Georgia, its commissioners, officers, agents, and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever nature, including claims for contribution and/or indemnification, for injuries to i or death of any person or persons, or damage to the property or other rights of any person or persons caused by the BIDDER or its subcontractors. The BIDDERS obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include, but not be limited to, any matter arising out of any actual or alleged infringement of any patent trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. BIDDER further agrees to investigate, handle, respond to, provide defense for, and to protect, defend, indemnify, and hold harmless Chatham County, Georgia, at his sole expense, and agrees to bear all other costs and expenses related thereto, even if such claims, suits, etc., are groundless, false, or fraudulent, including any and all claims or liability for compensation under the Worker's Compensation Act irking out of injuries sustained by any employee of the BIDDER or his subcontractors or anyone directly or indirectly employed by any of them. The BIDDERS obligation to indemnify CE3atham County under this Section shall not be limited in any way by the agreed -upon contract price, or to the scope and amount of coverage provided by any insurance maintained by the BIDDER 225 COMPLIANCE WITH SOLICTI'ATION - TERMS, CONDITIONS, AND EXCEPTIONS: This Invitation for Bid, and related responses of the selected. Bidder/Proposer will by reference (within either a Contract or j I Purchase Oiler) become part of any formal agreement between the selected Bidder/Proposer and the County. The County and the selected Bidder/Proposer may negotiate a contract or contracts for submission to the Board of 12 1 Commissioners for consideration and approval. In the event an agreement cannot. ce reached with the selected bidder /proposer, the County reserves the right to select an alternate bidder /proposer. The County reserves the right to negotiate with the Contractor the exact terms and conditions of the contract. 226 SIGNED BID CONSIDERED OFFER: The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the Chatham County Board of Commissioners, Purchasing Agent or his designee. In case of a default on the part of the bidder after such acceptance, Chatham County may take such action as it deems appropriate, including legal action for damages or lack of required performance. 227 NOTICE TO PROCEED: The successful bidder or proposer shall not commence work under this Invitation to Bid until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee. If the successful bidder does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 228 PAYMENT TO CONTRA( TORS: Instructions for invoicing the County for products delivered to the County are specified in the contract document A. Questions regarding payment may be directed to the Finance Department at (912) 652 -7905 or the County's Project Manager as specified in the contract documents. B. Contractors will be paid the agreed upon compensation upon satisfactory completion of the work as more fully described in the contract document C U. m co ',Idiom o the work the Contractor will , r ovide the Co ' with an a/ , % c' 4 ; • all suppliers, pawns or businesses employed by the Contractor for the work peifonned for the County have been paid in fuJL A` rdavit will accompany each month ly invoiced submift`ed to floe Cour7ly for pmmzent D. Chatham County is a tax exempt entity. Every contractor, vendor, business or person under contract with Chatham County is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to Chatham County by contract. Please consult the State of ' Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional informnation. SECTION III SPECIAL TERMS, CONDITIONS AND EXCEPTIONS 3.1 PURPOSE AND SCOPE: To establish an indefinite quantity, escalating/de- escalating price contract to be used as the primary source for the commodity(ies) /service(s) listed in the attached specifications. Commodities/services will be ordered from time to time in such quantity as maybe needed to 1911 any requirements of the agencies as shown in the bid invitation. As it is impossible to detemnine the precise quantities that may be needed during the contract period, the Contractor is obligated to deliver in nmirnimum/maximrn quantities the commodities or services of the kind contracted for in accordance with the specific conditions of this bid. 32 SUPPLY REQUIREMENTS: The Contractor shall be able to deliver all items which might be requested during the Contract period in accordance with the temps and conditions of this bid In the event a Contractor's source should fail to supply any item, at any time, for any reason during the Contract term, it will be the Contractor's responsibility to temporarily supply another item of equivalent quality meeting all specifications ofthe Contract, at Contract prices, terns and conditions, as an emergency measure, subject to prior approval ofthe concerned Agency. 13 If requested, sufficient and reasonable time will be allowed the Contractor to acquire adequate stock to perform on the Contract after the award is made. 33 DELIVERY REQUIREMENTS: : Delivery will be made within the time shown in the specific bid conditions or where called for in the invitation, the time stated by the bidder. Repeated delivery problems may result in cancellation of contract and re- award. 3.4 PLACEMENT OF ORDERS: Purchase Orders will be issued as required by respective Agencies having a known requirement during the entire life ofthe Contract 35 URGENT REOUIREIVIENTS: In the case of a bona fide emergency, wherein immediate delivery of an order is needed and the successful vendor cannot meet such arequirement, the Agencies reserve the right to order from any vendor that can meet such a delivery requirement without penalty to the prime Contractor. 3.6 RIGHT TO TERIVITNAI'E: In the event any ofthe provisions ofthe Contract are violated, the Agencies may serve individuw1 written notice of its intention to terminate the Contract Such notice will state the reasons for such intention and unless within ten (10) days after serving notice upon the Contractor, such violation has ceased and sa isfartory arrangements for convection made, the Contract, shall upon expiration of ten (10) days, be terminated. Further, the Agencies reserve the right to terminate any Contract in whole or in part upon giving thirty (30) days prior written notice to the other party. 3.7 CONTRACT PERIOD: The contract period will be for a period of one (1) year with automatic renewal options for one (1) additional one year terms UNLESS DIRECTED OTHERWISE BY THE BOARD OF COMMISSIONERS. 3.8 INDEPENDENT CONTRACTOR: The successful contractor will provide services under this contract as an independent Contractor and not as an agent of Chatham County. Joint ventrues and sub - consultant arrangements ate not prohibited; however, successful contractor shall secure written permission for the County before subcontracting any part of this contract 3.9 NO EXCLUSIVE CONTRACT /ADDITIONAL SERVICES: Contractor and understands erstandsthatthe contract shall not be construed as an exclusive anangement and further agrees that the County :nay, at any time, secure similar or identical services at its sole option. 3.10 CASH DISCOUNTS/LATE CHARGES: A. Bid/Proposal Evaluation Any cash discounts offered to the County must be clearly shown in the space provided Cash discounts offered from one (1) percent or more for payment in thirty (30) days or more, will be considered for the purposes of evaluation. Any other cash discounts will not be considered in the evaluation. B. Prompt Payment - All discounts offered will be taken if earned. In the eventthatthe County is entitled to a cash discount, the period of computation will commence on the date of delivery. or receipt of a conectly 14 completed invoice indicating the discount, whichever occurs later. If the County is entitled to a discount under the contact, but the invoice does not reflect the existence of a cash discount, and the County pays the invoice, it shall be entitled, upon demand, to credit in the amount of such discount Payment of invoices owed by the County shall be made whenever possible within 30 days of the receipt of a correct invoice or goods, whichever is later, winless otherwise provided for in the solicitation document or resulting contract. C. Late Charges- Bids /proposals containing provisions for late charges, whether designated as interest charges or otherwise, will not be considered for an award. Biddets/Offerois are instructed to remove stoke throe h, or otherwise withdraw any such provision contained in Vendor printed forms. The Vendor must initial such changes prior to submitting an offer the Chatham County. 3.11 BONDS: * * *NO BID OR PERFORMANCE BOND REQUIRED * ** A NO BOND REQUIRED) Such bidder shall post a bid bond, certified check or money order made payable to the Chatham County Finance Department in the amount of 5% of the bid price. B. O BOND REQUIRED) Contractor(s) shall post a payment /performance bond, check or money I� Q ) r{s ) l� 1�Ym / 1� d, Y older made payable to the Chatham County Finance Department in the amount of 100% of the bid price if awarded the purchase. Such bonds) are due prior to contract execution as a guarantee that goods meet specifications and will be delivered per contract. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors. C. (NO BOND REQUIRED) Whenever a bond is provided, it shall be executed by a surety authorized to do I business in the State of Georgia and approved by Chatham County. 3.12 AUDITS AND INSPEC I1ONS: At any time during normal business hours and as often as the County may deem necessary, the Contractor and his subcontractors shall make available to the County and/or representatives of the Chatham County Department of Internal Audit for examination all of its records with respect to all matters covered by this Contract It shall also penny the County and/or representatives of the Department of Internal Audit to audit, inspect, examine and make copies, i excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters coveted by this Contract All documents to be audited shall be available for inspection at all reasonable times in the main offices of the County or at the offices of the Contractor as requested by the County. 3.13 COOPERATIVE PURCHASING AGREEMENT: As part of the National trend involving Joint or Cooperative Purchasing Programs, all bidders are to indicate below that a contract award as a result of this bid is open to all Govemment entities within the four County areas that includes Chatham, Bryan, Effingham and Liberty Counties. The Counties are in NO WAY OBLIGATED to make purchases of services from the resulting contract and would have to supply their own needs to the Contractor. xx /Yes /No Exceptions: 15 3.14 WARRANTY REOUlREMENTS: (Check where applicable): A. Provisions of item 2.11 apply. B. Warranty required. 1. Standard warranty shall be offered with bid. 2. Extended wananty shall be offered with bid. The cost of the extended warranty will be listed separately on. the bid sheet 3.15 TERMS OF CONTRACT: X A. Annual Contract ONE YEAR with automatic renewal options for two (2) additional one (1) year terms UNLESS DIRECTED OTHERWISE BY THE BOARD OF COMMISSIONERS. B. One-lime Purchase C. Other ONE TIME CONTRACT * *CONVERSATIONS OR CORRESPONDENCE REGARDING THIS SOLICITATION ORREPORT BETWEEN PROSPECTIVE OFFERORS AND PERSONS OUTSIDE THE CHATHAM COUNTY PURCHASING OFFICE WILL NOT BE CONSIDERED OFHCIAL OR BINDING UNLESS OTHERWISE SPECIFICALLY AUTHORIZED WITHIN THIS DOCUMENT. ** 3.16 PLEASE COMPT FIE THE FOLLOWING: (Should a bid result from this invitation) TO PLACE VERBAL ORDER, CONTACT: SUSAN WOJCTAlT NAME SUSAN WOJCIAN CUSTOMER REPRESENTATIVE: SUSAN WOJCIAN NAME 1 GATEWAY BLVD SAVANNAH, GA 31419 1- 800 - 752 -8717 ADDRESS PHONE# 16 TO PLACE AN EMERGENCY (AMER HOURS/WEEKENDS) ORDER CONTACT: SUSAN WOJCIAN NAME CUSTOMER REPRESENTATIVE: SUSAN WOJCIAN NAME 1 GATEWAY BLVD SAVANNAH, GA 31419 912 -312 -0589 ADDRESS PHONE # BID SIGNER: ROBERT H. EVERETTE NAME 1 GATEWAY BLVD SAVANNAH, GA 31419 800 - 654 -6466 Ext 2230 ADDRESS PHONE # IF NOT LOCAL, WILL TOLL FREE TELEPHONE SERVICE BE PROVIDED BY THE VENDOR DURING THE EFFECTIVE PERIOD OF THE CONTRACT? (ES ONO DELIVERIES WILL BE MADE AGAINST THIS CONTRACT BY: (IF APPLICABLE) VENDOR OWNED 100% VENDOR OWNED FREQUENCY COMMERCIAL CARRIER FREQUENCY Bidder hereby agree to special conditions of this invitation to bid: FIRM NAME: THE SOMMERS C O u!' BY: A ,a TITLE: REGIONAL PETROLEUM SALES MANAGER THIS SHEET MUST BE RETURNED COMPLETED. FAILURE TO DO SO WILL BE REASON FOR REJECTION OF BID. 17 The undersigned bidder or proposer certifies that he/she has carefully read the preceding list of instructions to bidders and all other data applicable hereto and made a part of this invitation; and, further certifies that the prices shown in his/her bid/proposal are in accordance with all documents contained in this Invitation for Bids/ Proposals package, and that any exception taken thereto may disqualify his/her bid/proposal. This is to certify that 1, the undersigned bidder, have read the instructions to bidder and agree to be bound by the provisions of the same. 17t September tday eptember 2009 . BY / SIGNATURE REGIONAL PETROLEUM SALES MANAGER TITLE THE SOMMERS COMPANY COMPANY 18 II CHATHAM COUNTY, GEORGIA INVITATION FOR BIDS SPECIFICATIONS FOR BID NO. 10 -1 -9 -5 ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL FOR CHATHAM COUNTY, GEORGIA, AND ALL PARTICIPATING AGENCIES 4.1 SCOPE AND CLASSIFICATION: 4.1.1 Scope: The purpose of thi s proposal is to establish specifications and solicit bids for gasoline and diesel fuel delivered and discharged to the locations listed herein. Special attention should be given by all bidders to Section 4.5.3, items Athrough H (Pages 21 & 22) of this Proposal. 4.12 Classification: Goods are classified as follows: Group I Unleaded Regular Gasoline Group II Unleaded Premium Gasoline Group III Unleaded Prem.. Unleaded Reg. Mix Group TV Diesel- Ultra-Low Sulfur 42 APPLICABT E DOCUMENTS, STANDARDS AND SPECIFICATIONS: The following shall apply: PAD 1- Oil Puce Information Service (O.PIS.) Pxicing Index- 5 Day Price Average ASTM Standards (for Octane and Quality Ratings) Goods covered by this Invitation to Bid shall comply with all Federal and State Occupational Safety and Health Acts. 43 REQUIREMENTS: 4.3.1 The Agencies are seeking competitive bids for fuel to be supplied to the participating members over atwelve (12) month period. The annual volumes indicated are estimates based upon a recent survey conducted in May 2009. 4.3.2 Every attempt will be made on the part of the participating Agencies to support the awardedvendor(s). The awarded vendor(s) agrees to extend their bid pricing for the products indicated to any and all Agencies whose names appear in the "Invitation to Bid ". It is further understood that at no time will any Agency be obligated for placing an order for any other Agency whose name appears in - the "Invitation to Bid ". Nor will any Agency whose name appears in this "Invitation to Bid" be obligated for any bills incurred by any other Agency whose name appears in this 'Invitation to Bid ". It is further understood, that each Agency will issue 19 1 its own Purchase Order to the awarded vendor and establish delivery time, location, and any special conditions at the lime the order is being placed. 43.3 Contractor shall state fuzn's capacity to provide "split' transport deliveries (i.e. 1 /2 diesel fuel and V2 regular unleaded on same transport truck) to any delivery site. If Bidder provides this service, TRANSPORT DELIVERY RATES WILL APPLY. 4.3.4 Contractor must be able to provide emergency fuel vehicle with a 1" drop line and with a capacity of 1,000 gallons. Contractor must be able to respond to a fire emergency with gasoline or diesel fuel, 24 hours a day, 7 days aweek and should provide a24 hour emergency phone number. Contractor must not only respond to emergency situations but must also have the capability to remain at emergency site if needed.. 4.3.5 During Hwricctne or other disaster preperation, the Contractor shall be available to drain tanks in case of water infiltration, refill and place tanks back into service. In the event of an evacuation, the Contractor shall provide a phone number to communicate post- disaster needs. 43.6 The City's Industrial and Domestic Water Plant and Chatham County may each require a stationary diesel fuel "transport ansport load" trailer with one (1) tank wagon (for transport purposes) for use during hurricane and/or disaster recovery. Delivery location will be determined at a later date. The bid price for the cost of each stationary `Mort load" trailer with tank wagon shall be stated on the bid sheet (Page 26) of this solicitation package. 4.3.7 The Contractor will be required to respond to the City of Savannahs storm water pump stations within 2 hours of receiving call for service, at any storm water pump station site, with diesel fuel, 24 hours per day, 7 days per week. The Contractor will maintain a minimum of 3000 gallons of diesel inventory at all times. 4.3.8 Cleaning of fuel spills caused by the supplier will be the responsibility of the supplier. Cleanup must comply with all Federal, State and City codes. 4.3.9 If requested by any participating agency(s), Responsive low bidders maybe required to have a representative present for a Mandatory meeting. This meeting will be scheduled after bid opening and prior to contract award. The purpose of this meeting is to address previous delivery problems, invoicing problems, etc., that each mu micipality has experienced Should any Contractor present not be able to abide by this said agreement, it will be cause for disqualification of bid submitted. The Contractor will understand that if awarded contract, with all said delivery conditions in place, and should default on said delivery agreement(s), this will be just cause for termination of contract 4.3.9 Products: A. Group I - Unleaded Regular Gasoline: Must have an octane rating of not less than 87.0, not to exceed 10% Ethanol (quantity corrected to 60 degrees Fahrenheit) B. Group If - Unleaded Premium Gasoline: Must have an octane rating of not less than 92.0, not to exceed 10% Ethanol (quantity corrected to 60 degrees Fahrenheit) 20 1 Unleaded Regular Mix: Must have an average octane of not C. Group III- Unleaded Premium, nl egu� erage rating less than 895, not to exceed 10% Ethanol (quantity corrected to 60 degrees Fahrenheit) D. Group IV- Diesel- Ultra-Low Sulfur: Clear diesel fuel must have 80% maximum sulfur content of 15 parts per million (15 ppm), remaining 20% may be low sulfiir diesel fuel (LSD) with a maximum sulfur content of 500 ppm. 4.4 TEST, INSPECTION, AND SAMPLING: 4.4.1 All products must be suitable for general and special use vehicles. 4.42 All products shall be free of water and foreign matter. 4.4.3 Agencies reserve the right to perffonn or cause random tests to be performed to ensure products meet the above specifications. It shall be the vendors' responsibility to submit samples for tesng as required by the Agencies. In the event that the product(s) fails to comply with the requirements, the vendor shall replace all unacceptable products, promptly, at his expense. 4.5 PRICING: 4.5.1 Pricing is to be based on a fixed. factor (cents) above or below the Oil Price Tnfomnation Service Index (O.P1.S) 5 -Day* Price Average. O.P.LS. is a weekly publication which reports refinery prices: FOB Terminal (Savannah Port) in cents/gallon excluding taxes, discounts, hauling and freight charges. 452 The mark-up or discount price will be fixed for the duration of the Contract 4.5.3 Explanation of Proposal Pages. A. 5 D ay* Average ce weekly 01'1.5. Publications. This figure does not include � 1� per gallon per Y profit, delivery charges, administrative or other charges. This figure will vary as actual costs change per O.P.LS, and shall run concurrently as per PAD 1 Reports. B. Freight - Per gallon delivery cost (as per Item A on the bid sheet) C. Fixed fee per gallon - This figure will not change during the period of the contract This figure will include profit, and other administrative charges, excluding freight (as per Item B on. the bid sheet) D. Total price per gallon - This will be the sum total of A + B = C. (as per Item C on the bid sheet). E. The above line item quotations shall not include any taxes. Taxes shall be shown as separate line items on invoices. Taxes to be paid on gasoline are 3% Georgia Sales Tax, $.075 /gallon Motor Fuel Tax, current "Superfund" rate (if reinserted), and $.005 G.U.S.T. (Second Motor Fuel Tax). F. Participating Agencies will not pay the 182 cents per gallon Federal Excise Tax on gasoline. It will be the responsibility of the bidder to pay the Tax and file for refunds. Excise Tax Bond Exempt Number will by fitniished by each participating agency. 21 G. Taxes on diesel fuel will be $.03 /gallon Georgia Sales Tax, $.075 /gallon Motor Fuel Tax, and $.057 /gallon Georgia Prepaid State Tax. Each participating Agency will be responsible for obtaining reimbursement for any `Pre Paid" taxes. R Bidder shall state any "added" or "applicable" charges which are not addressed or outlined in the bid specifications. 4.6 INVOICING: 4.6.1 If awarded the bid, all invoices must be based on the *5 -Day Average OP.LS. price per Gallon, plus fixed fee per gallon including discount, which equals total delivered price per gallon to the respective locations. 4.62 - Indicate on invoice the applicable date of O.P.I.S. on which invoice data is based 4.6.3 If a discrepancy exists between your price per gallon and the price reported by OP.LS., plus or minus your factor expressed in cents per gallon, the OP1.S. price plus or minus your factor will prevail. 4.6.4 Accompanying suppliers "Invoice" will be a bill of lading, reflecting both the net and gross amounts of fuel delivered. Original invoices and proof of delivery are to be sent respectively to: • Chatham County Fleet Department Post Office Box 8161 Savannah, GA 31412 Telephone: 652 -6875 Attn: Accounts Payable • City of Savannah Purchasing Department Post Office Box 1027 Savannah, GA 31402 (912) 651 - 6422 • Savannah Airport Commission 400 Airways Avenue Savannah, GA 31408 (912) 964-0514 • City of Tybee Island Finance Officer Post Office Box 128 Tybee Island, GA 31328 Telephone: 786-4573 Attn: Accounts Payable 22 • Savannah Boanl. of Education 208 Bull Stet Savannah, GA 31401 Telephone: 651-7628 Attn: Accounts Payable • Town of Thunderbolt Finance Officer 2702 Mechanics Avenue Thunderbolt, GA 31404 Telephone: 354 -5533 Atli: Accounts Payable • City of Bloomingdale City Clerk P.O.Box216 Bloomingdale, GA 31302 Telephone: 748 -0970 Attn: Accounts Payable t 4.6.5 Payment terms are net 30, except in the case of prompt payment discounts. Prompt paym ent discounts in increments of less than 10 days are unacceptable. 4.7 DAY: 4.7.1 The awarded vendor(s) agree to supply the participants with deliveries to be made within 24 hours of receipt of order including weekends and holidays. The bidder is to include in his proposal the: name, address, and phone number of the person(s) to be contacted for placement of orders. NAME: SUSAN WOJCIAN 800 - 752 -8717 pIioNE NUMBER 912 - 312 -0589 1 GATEWAY BLVD ADDRESS: SAVANNAH, GA 31419 4.72 Methods of Verifying Delivered Quantities: A. Agency employees will measure the fuel in the tanks prior to the discharge of fuel. The Vendor will ' provide metered terminal tickets at the time of delivery for all transport loads. A hand written "drop" ticket taken from meter for all tank wagon loads will be accepted, Delivery vehicles will be I sealed at the terminal. Agency employees will again measure the fuel and sign the metered delivery receipt if they are in agreement with the quantity shown. not, they will enter the amount measured and sign the delivery receipt 23 B. Otherwise, the Agency employees will keep a record of the daily readings of the pump totalizer and compare those readings with the amount shown on the metered delivery receipt before the next delivery of fuel C. Measuring Fuel: The participating Agencies will measure storage tanks before and after each delivery in the presence of the vendor, the reading by the customer will prevail for invoicing purPoses• 4.8 ALLOCATION GUARANTEES: 4.8.1 Consideration in making an award will be the protection given to participating Agencies for supplies, at all times, especially during any shortage. Do you agree to this guarantee stipulation? YES Ei NO [ ] OUT OF THE NEAREST TERMINAL WITH PRODUCT AVAILAB IF NOT AVAILABLE AT SAVANNAH TERMINAL 4.8.2 Integrated Oil Companies as suppliers cannot be dependent upon another supplier for supplies or allocation i nless they provide a Notarized Affidavit, as described below Notarized Affidavit (guarantee) from an established integrated Oil Company, such as Gulf Texaco, Exxon, etc. that is NOT dependent upon another supplier for petroleum bulk products CERTIFYING the following: A. They will guarantee to the participating Agencies, without any reservation, priority availability of required quantities in the c. se of an emergency such as fuel shortage. B. Product(s) to be furnished is a BRANDED product C. A written contract is in effect and will remain in effect during the contract period and such contract will guarantee the provision of A. above. The notarized affidavit must be from an integrated Oil Company or Broker to the participating Agencies. Brokers should attach all copies of the contracts that are current between them and the integrated Oil Companies which spell out the allocated quantity of fuel that is being guaranteed to the broker by the integrated Oil Company. The brokers must guarantee the participating Agencies allocations equal to the annnil estimated usages as indicated in the "Invitation to Bid ". 4.9 Indicate primary brand name of fuel to be delivered:Mot BP, Chevron . (Prices based on O.P.I.S. Average and not a specific brand name; although, brand name will indicate to customer the source of fuel). 24 4.11 AGENCY REQUIREMENTS: ESTIMATED YEARLY GASOLINE AND DIESEL FUEL USAGE BY PARTICIPATING AGENCIES CHATBIAM COUNTY BOARD OF COMMISSIONERS LOCATION TYPE FUEL TOTAL GALLONS DELIVERY TYPE Public Works/Fleet Unleaded 215,000 Transport 7235 Sallie Mood Dr. Public Works/Fleet US Diesel 180,000 Transport 7235 Sallie Mood Dr. Mosquito Control Unleaded 21,000 Tank Wagon 65 Short Street Mosquito Control US Diesel 25,000 Tank Wagon 65 Short Street Sheriffs Complex Unleaded 330,000 Transport 1050 Carl Griffin Dr. Sheriffs Complex US Diesel 5, 000 Tank Wagon 1050 Carl Griffin Dr. Henderson Golf Course Unleaded 6,000 Tank Wagon #1 Al Henderson Ave. Henderson Golf Course US Diesel 3,000 Tank Wagon #1 Al Henderson Ave. TOTAL: 785,000 TRANSPORT- UNLEADED: 545,000 TRANSPORT- DIESEL: 180,000 TANK WAGON- 4 ED: 27,000 TANK WAGON- DIESEL: 33,000 25 CITY OF SAVANNAH LOCATION TYPE FUEL TOTAL GALLONS DELIVERY TYPE Buildings and Grounds Unleaded 497 Tank Wagon Park and Tree Diesel 400 Tank Wagon Cemeteries Diesel 1308 Tank Wagon Cemeteries Unleaded 467 Tank Wagon Conveyance Diesel 100 Tank Wagon Travis Field Diesel 198 Tank Wagon Grayson Stadium Unleaded 497 Tank Wagon Conveyance Unleaded 100 Tank Wagon Georgetown Diesel 289 Tank Wagon Wilshire Diesel 1,000 Tank Wagon Fire Department Unleaded 401 Tank Wagon Fire Department Diesel 10,251 Tank Wagon Fire Department Clear Diesel 5,048 Tank Wagon I & D Diesel 6,020 Tank Wagon I & D Clear Diesel 1,178 Tank Wagon I & D Unleaded 5,693 Tank Wagon T andiall Diesel 25,639 Tank Wagon Police Department Unleaded 255,216 Transport Stoma Water Diesel 4,406 Tank Wagon Vehicle Maine Sallie Mood Unleaded 371,939 Transport Vehicle Maine Sallie Mood Diesel 200,576 Transport Vehicle Maint -City Lot Unleaded 374,679 Transport Vehicle Maint -City Lot Diesel 312,777 Transport Lift Stations Diesel 3,212 Tank Wagon Water Operations- various Unleaded 0 Tank Wagon Water 0 Diesel 8,217 Tank Wagon Sewage Treatment Unleaded 0 Tank Wagon Sewage Treatment Diesel 8,161 Tank Wagon Water and Reservoir Unleaded 245 Tank Wagon Water and Reservoir Diesel 0 Tank Wagon TOTAL: 1,598,514 TRANSPORT- UNLEADED: 1,001,834 TRANSPORT- DIESEL: 513 ,353 TANK WAGON- UNLEADED: 7,900 TANK WAGON- DIESEL: 69,201 TANK WAGON- CLEAR DIESEL: 6,226 26 SAVANNAH AIRPORT COMIV ESSION LOCATION TYPE FUEL TOTAL GALLONS DELIVERY TYPE 400 Airways Drive Diesel 30,000 Tank Wagon 400 Airways Drive Diesel (On Road) 22,000 Tank Wagon 400 Airways Drive Premium Unleaded 40,659 Transport TOTAL: 92,659 TANK WAGON- DIESEL: 52,000 TRANSPORT- PREMIUM UNLEADED: 40,659 CITY OF TYBEE ISLAND LOCATION TYPE FUEL TOTAL GALLONS DELIVERY TYPE 401 Butler Avenue Diesel 13,000 Tank Wagon 401 Butler Avenue Mixed Unleaded 33,000 Transport TOTAL: 46,000 TANK WAGON DIESEL: 13,000 TRANSPORT- MIXED: 33,000 TOWN OF THUNDERBOLT LOCATION TYPE FUEL TOTAL GALLONS DELIVERY TYPE 2702 Mechanics Ave Unleaded 14,705 Tank Wagon 2702 Mechanics Ave Diesel 4,500 Tank Wagon TOTAL: 19,205 TANK WAGON - UNLEADED: 14,705 TANK WAGON DIESEL: 4,500 BOARD OF EDUCATION LOCATION TYPE FUEL TOTAL GALLONS DELIVERY TYPE Transportation Dept Diesel 1,050,000 Transport Transportation Dept Unleaded 100,000 Transport TOTAL: 1,150,000 TRANSPORT- UNLEADED: 100,000 TRANSPORT - DIESEL: 1,050,000 27 CITY OF BLOOMINGDALE LOCATION TYPE FUEL TOTAL GALLONS DELIVERY TYPE City Maintenance Premium Unleaded 22,000 Tank Wagon (Adams Rd. and US Diesel 6,000 Tank Wagon Bighway 80) TOTAL: 28,000 TANK WAGON- PREMIUM: 22,000 TANK WAGON- DIESEL: 6,000 28 CHATHAM COUNTY, GEORGIA BID BID NO. 10-1-9-5 ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL OR CHATHAM COUNTY AND PARTICIPATING AGENCIES L REGULAR WORKING HOURS (MONDAY THROUGH FRIDAY) TANK WAGON DELIVERIES (UP TO APPROXII\4A1E GALLONS) A B C Freight Overhead. Total Charge Difference Mark-Up (Walton) (Walton) ($Gallon) Unleaded Regular (71,605 Gallons) $ +$ NO BID =$ Unleaded Premium (22,000 Gallons) NO BID Mixed Unleaded- 50" /RegJ50% Premium (N /A) NO BID Ultra Low Sulfur Diesel Fuel (116,626 Gallons) NO BID TRANSPORT WADS (8,000 TO 8,500 GALLONS) A B C Freight Overhead Total Charge Difference Mark Up ($Gallon) ($Gallon) ($Gallon) Unleaded Regular (1,646,834 Gallons) $ .01145 +$ _(-).00645 -4 ( +) .0050 Unleaded Premium (62,659 Gallons) . 01145 ( -) .07145 ) - O 1 OQ Mixed (30,000 Gallons) . 01145 (- . 02145 ( -) Ultra. Low Sulfur Diesel Fuel (1,743,353 Gallons) .01357 ( -) .00107 ( +) .0125 AIL PRICES ARE BASED ON THE 5 DAY AVERAGE O.P.LS. PRICE FOR THE SAVANNAH AREA AT TINE OF DELIVERY. MARK-UP RAZE DOES NOT INCLUDE GEORGIA SALES TAX (0300 /GALLON), SUPERFUND (CURRENT RA I E IF REENACTED), G.U.S.T. (005 /GALLON), OR MOTOR FUEL TAX (075 /GALLON). 29 11 SPECIAL RATES (AFTER NORMAL WORKING HOURS/WEEKENDS) TANK WAGON DELIVERIES (UP TO APPROXIMAIE GALLONS) A B C Freight Overhead Total Charge Difference Ma± Up ($Gallon) ($Gallon) ($Gallon) Unleaded Regular (51,329 Gallons) $ +$ NO BID =$ Unleaded Premium (18,000 Gallons) NO BID Mixed Unleaded- 50 %Regi50% Premium (NIA) NO BID Ulna Low Sulfur Diesel Fuel (110,886 Gallons) NO BID TRANSPORTS LOAD (8,000 TO 8,500 GALLONS) A B C Freight Overhead Total Charge Difference Mark-Up ($Gallon) ($Gallon) ($Galion) Unleaded Regular (1,323,379 Gallons) $ .01145 +$ ( -) .00645 .0050 Unleaded Premium (45,000 Gallons) .01145 (- ).02145 ( -I0100 Mixed Unleaded- (30,000 G A L L O N S ) . 01145 ( -) 021 Ultra Low Sulfur Diesel Fuel (1,427,130 Gallons) .01357 ( -) .00107 .0125 IIIL DISASTER RELIEF (CITY OF SAVANNAH AND CHATHAM COUNTY): DAILY RAIE STATIONARY DIESEL TRANSPORT LOAD TRAILER WITH TRANSPORT TAN K WAGON TO REMAIN ON -S1I E. BID EACH AT T , PRICES ARE BASED ON THE 5 DAY AVERAGE O.P.LS. PRICE FOR THE SAVANNAH AREA AT TIME OF DELIVERY. MARKUP RAIB DOES NOT INCLUDE GEORGIA SALES TAX (.0300 /GALLON), SUPERFUND (CURRENT RAIEIF REENACTED), G.U.S.T. (.005 /GALLON), OR MOTOR FUEL TAX (.075 /GALLON). 30 ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL BID NO. 104-9-5 DELIVERY 74 HOURS Robert H. Everette RegPetro Sales Mgr TAX CFRTIFICAI1E NO. 023 NAME TITLE CHY SAVANNAH (Copy Enclosed) 1 Gateway Blvd COUNTY CHATHAM Savannah, GA 31419 OTHER ADDRESS The Sommers Company COMPANY 800 - 654 -6466 Ext 2230 TELEPHONE NUMBER 912- 756 -8702 _ FAX N MBER beverette @sommersoil. E -MAIL ADDRESS MINORITY - VENDOR? /YES x /NO MINORITY OSSIFICATION: RECEIPT OF.ADDENDIJNI NOS. 1 &2 HERIIIEY ACKNOWLEDGED. THIS BID WILL REMAIN IN EFFECT FOR 0 DAYS FROM THE DAIE OF THE BID OPENING. DISCOUNT(S) None 'RMS N 30 days BY: VENDOR SIGNATURE 31 REFERENCES COMPANY NAME: CHATHAM COUNTY PURCHASING DEPT ADDRESS P . O .Box 8161 CITY Savannah STATE Ga ZIP 31412 CONTACT PERSON: CANDICE PHONE NUMBER 652 -6875 ******************* * * * * * * * * * * * * * * * * * * **:F* koc*y:*d::vc*****d: ***** : dcic*** * **xxrxr :** *k****r.**** ***** ** COMPANY NAME: CITY OF SAVANNAH ADDRESS P.O. Box 1027 CITY Savannah Ga ZIP 31402 CONTACT PERSON: Mary PHONE NUMBER 351 -3891 ********************************************************************** ** * * * *** * * * * ** * * * * * *** * * * * * ** ** COMPANYNAME: SAVANNAH- CHATHAM BOARD OF EDUCATION ADDRESS208 Bull Street CITY Savannah SIAM _ (;a ZIP 31401 CONTACT PERSON: Bernita PHONE NUMBER: 199-1190 ************************************ * * * * * * * * * * ** * * * * * * ** * * * * * * * * * ** :***: : * * * * *** * * * * * * *** * ** * **4c * * ** COMPANYNAME: GEORGIA PORTS AUTHORITY ADDRESS CITY Garden City STATE GA ZIP CONTACT PERSON: Bill Jacobs PHONE NUMBER: 964 -3933 *********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COMPANY NAME: GEORGIA POWER COMPANY ADDRESS CITY Atlanta STATE GA Z' CONTACT PERSON: Sam Reagan NUMBER: 404 - 506 -7759 ********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 33 ATTACHMENT `E" CONTRACTOR AFFIDAVIT AND AGI EEIVI NT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.GA 13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with (name of public employer) has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603], in accordance with the applicability provisions and deadlines established in O.C.GA. 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractors) I n connection with the physical perfommance of services pursuant to this contract with (name of public employer), contractor will secure from such subcontractors) similar verification of compliance with O.C.GA. 13 -10-91 on the Subcontractor Affidavit provided in Rule 300- 10 -01 -.08 or a substantially similar form. Contractor fiuther agrees to maintain records of such compliance and provide a j copy of each such verification to the (name of the public employer) at the time the subcontractors) is retained to perform such service. EEV / Basic Pilot Program* User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 200 Notary Public My Commission Expires: * As of the effective date of O.C.GA.13- 10-91, the applicable federal work authorization program is the "EEV / Basic Pilot Program" operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). 39 ATTAC '.LENT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with. O.C.GA.. 13- 10 -91, staling affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of (name of public employer) has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603], in accordance with the applicability provisions and deadlines established in O.C.GA 13-10-91. FFV / Basic Pilot Program* User Identifification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 200 Notary Public My Commission Expires: * As of the effective date of O.C.G.A..13- 10-91, the applicable federal work authorization program is the ` E EV / Basic Pilot Program" operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). 40 LEGAL NOTICE CC NO. 163826 Sealed bids will be received until 2 :00 P.M. on SEPTEMBER 18, 2009 and publicly opened in Chatham County C FOR Department, 1117 AND FUEL FOR CHATHAM COUNTY G AND PARTICIPATING AGENCIES. PR E-BID CONFERENCE: 10:00 A.M. SEPTEMBER 10, 2009, IN THE O1-1 OF THE PURCHASING AGENT, LOCATED AT 1117 EISENHOWER. DRIVE, SUITE C, SAVANNAPL. GEORGIA 31406. Specifications can be downloaded from the County's website at www.chathamcountyorg and are available in the office of the j Chatham County Phasing went, at the address listed above. For additional information concerning specifications, please contact only Mrs. Kathleen Watson-Scott, CPPB, Procurement Specialist at (912) 790 -1619. Bidders are not to contact a department directly. All firms requesting to do business with Chatham County must also register on -line at www.chathamcountvvirns.com CHATHAM COUNTY RESERVES THE RIGHT TO REJECT ANY /AND OR ALL BIDS AND ID WAIVE AIL FORMALITIES. "CHATHAM COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER, M/F/H, ALL BIDDERS ARE TO BE EQUAL OPPORTUNITY EMPLOYERS" /:/q WILLIAM R PARSON, CPPO, PURCHASING AGENT - Savannah News INSERT: July 30; September 10; and September 10, 2009 News only - Please send two copies of affidavit to: Chatham County Purchasing and Contracting Department P.O. Box 15180 Savannah, GA 31416 ■ (912) 790 -1619 41 1 EXCEPTION SHEET F the comniodty ( °.es).and /or service propos,d in your Bid is in ANYWA different 1. _:n that contained in this )roposal, the Bidder is responsible to clearly identify ail such differe nc s n the space below. Otherwise, it will be assumed the Bidders' offer is in total compliance with all aspects of the proposal. 3elow are the only differences between my offer and the proposal. 1- Deliveries of lesstthan a transport load of product; gallons p , �. e., 8500 b allons of gasoline or 7500 gallons of diesel fuel willbbe subject to either a minimum freight charge or a double drop charge of $30.00, but not both. 2- Deliveries to above ground tanks requiring use of the truck's pump will be charged a $30.00 "pump -off" charge. 3- In the unlikely event that we can not pull the ordered product out of the Savannah terminal due to an outage or a terminal closure, we reserve the right to pull the product from the nearest terminal having such required product available and charge the freight differential for delivering such product to participating agency. • • .I DATE Sept 17, 2009 SIGNATUN • THE SOMMERS COMPANY COMPANY: REG PETROLEUM SALES MGR TITLE: • • • • •