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HomeMy Public PortalAboutGas & Diesel Fuel Contract Bid 10-1-9-5 INVITATION TO BID PROPOSAL BID NO. 10-1-9 5 ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL FOR CHATHAM COUNTY AND AIL PARTICIPATING AGENCIES PRE-BID CONFERENCE: 10:00 A.M., SEPTEMBER 10, 2009 BID OPENING: 2:00 PM, SEPTEMBER 18, 2009 THE COMMISSIONERS OF CHATHAM COUNTY, GEORGIA PETE LIAKAKIS, CHAIRMAN COMMISSIONER HELEN L. STONE COMMISSIONER JAMES J. HOLMES COMMISSIONER PAIRICK O. SHAY COMMISSIONER PATRICK K FARRELL COMMISSIONER HARRIS ODFJ T ., JR. COMMISSIONER DAVID M. GELLATLY COMMISSIONER DEAN KICKLIGHTER COMMISSIONER PRISCILLA D. THOMAS R JONATHAN HART, COUNTY ATTORNEY CHATHAM COUNTY, GEORGIA CHATHAM COUNTY, GEORGIA DOCUMENT CHECK LIST 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, and retum these documents with his/her bid FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFYING THE BID. X GENERAL INFORMATION AND INSTRUCTIONS TO BID X SURETY REQUlREIVIENTS X PROPOSAL X BID SCHEDULE X CONTRACT- (ON FILE AT THE CHATHAM COUNTY PURCHASING DEPARTMENT) X LEGAL NOTICE COUNTY TAX CERTIFICATE REQTJIREMENT: Contractor must supply a copy of their Tax Certificate as proof of payment of the occupational tax where their office is located. CURRENT TAX CERIIF1CAIBNUMBER CITY COUNTY OTHER RECEIPT IS HEREBY ACKNOWLEDGED OF ADDENDA NUMBERS The undersigned bidder certifies that he/she has received the above listed and marked documents and acknowledges that his/her failure to retum each, completed and signed as required, may be cause for disqualifying his/her bid. BY: SIGNATURE DAIB 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: 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 submit 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 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 forams for submission of a bid/proposal are required. Bids must be typed or printed in ink. If you do not submit a bid/proposal, return the signed bid invitation sheet and state the reason; otherwise, your name may be removed from our bidders list A PREBID CONT EREVCE 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 written addendum to be valid; therefore, the Purchasing Agent will issue a written 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 programs. 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, color, religion, age, sex, national origin or handicap. The terms "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. 4 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 govemed by the Code of Chatham County, Chapter 4, Article IV, and the laws of the State of Georgia. 12 HOW TO PREPARE BID PROPOSALS: All bid propos lss shall be: A. Prepared on the forams enclosed herewith, unless otherwise prescribed, and all documents must be completed and submitted or your proposal may be declared non - responsive 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 conections initialed and dated by the official signing the proposal. AIL SIGNATURE SPACES MUST BE SIGNED. Bidders are encouraged to review carefully all provisions 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. a. Mailing Address: Purchasing Agent, Post Office Box 15180, Savannah, Georgia 31416. b. Hand Delivery: Purchasing Agent, 1117 Eisenhower Drive, Suite C, Savannah, Georgia, 31406. BIDS NOT RECEIVED BY THE TIME AND DATE 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 pre bid conference is scheduled, bidders shall either present their oral objections at that time or submit their written objections at least two (2) days prior to the scheduled pre -bid conference. 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 return 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 specifications 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 reject 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) days proceeding the bid opening hi 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 term '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, wor kmam'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 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 PREFERENCE: On 27 March, 1998, the Chatham County Board of Commissioners adopted a "Local 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 confirms 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 MINORITY/FEMAT E BUSINESS DEVELOPMENT PROGRAM: Chatham County Board of Commissioners adopted a policy establishing goals oriented to increase participation of minority and female owned businesses, through MBE/FBE 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. ff 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 II 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 incurred in the preparation of a bid /proposal in response to this request 22 GEORGIA OPEN RECORDS ACT: The responses will become part of the County's official files without any 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., unless 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 public bid openings. After Board approval, all solicitations shall be available for public viewing. Chatham County shall not be held accountable if material firrm responses is obtained without the written consent of the vendor by parties other than the County, at any time during the solicitation evaluation process. 23 GEORGIA TRADE SECRET ACT OF 1990: In the event a Bidder /Proposer submits trade secret information 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 alterative 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 inure 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 l -B/RFP will be made in waiting 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 HEMS 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 unit 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 COMPLETENESS: All information required by Invitation for Bids/Proposals must be completed and submitted to constitute a proper bid or proposal. 2.10 QUALITY: All materials, or supplies used for the construction necessary to comply with this proposal shall be of the best quality, and of the highest standard of workmanship. Workmanship employed in any construction, 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 due 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 repairs, 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. 8 2.12 LIABRITY 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, INDICTMENTS AND PENDING LITIGATION: Any potential proposer/firm listed on the Federal or State of Georgia Excluded Parties Listing (Band for doing business) will not be considered for contract award Proposers shalt disclose any record of pending lawsuits, criminal violations and/or convictions, etc., and any action that may be a conflict of interest occuring within the past five (5) years. Any proposer/finn 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 nonresponsive. 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 firm to work on this contract or project that is later debarred, Bidder shall server its relationship with that firm with respect to Board contract 2.14 CANCELLATION OF CONTRACT: The contract may be canceled or suspended by Chatham County hi whole or in part by written notice of default to the Contractor upon non perfommance or violation of contract terms. An award may be made to the next low bidder, for articles and/or services specified or they may be 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 furnished or construction work performed hereunder. 2.16 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By submission of this bid, the bidder certifies, and in the 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 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; 3. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not be submit a bid for the purpose or restricting competition. 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 Form 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 staff may be filed with the Purchasing Agent for review and resolution. The Chatham County Purchasing Procedures Manual, Article IX - Appeals and Remedies shall govem the review and resolution of all protests. 220 QUALIFICATION OF BUSINESS (RESPONSIBLE BIDDER OR PROPOSER Defined as a person or firm who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, 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 material 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 Proposal. Chatham County has the right to require any or all bidders to submit documentation of the ability to perform, 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 non-responsive or non-responsible whenever such bidder/proposer cannot document the ability to deliver the requested product 221 COUNTY TAX CERTIFICATE REQUIREIVIENT: Contractor must supply a copy of their Tax Certificate as proof of payment of the occupational tax where their office is located. Please contact the Chatham County Department of Building and Regulatory Services at (912) 2014300 for additional information 222 DELINQUENT REAL AND PERSONAL PROPERTY TAXES: No contract shall be awarded unless all real and personal property taxes have been paid by the successful contractor and/or subcontractors as adopted by the Board of Commissioners on April 8,1994. 223 INSURANCE PROVISIONS: The selected CONTRACTOR shall be required to 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, employees or subcontractors. The cost of such insurance shall be included in the Bid. Contract work. win not proceed without a current Insurance Certificate being in the possession of Chatham County. 223.1 General Information that shall appear on a Certificate of Insurance: I. Name of the Producer (Contractor's insurance Broker/Agent). 1I. Companies affording coverage (there may be several). 10 III. Name and Address of the Insured. (this should be the Company or Parent of the fine 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 damage per occurrence and annual 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 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 injury 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 given to the County. 11 E. Proof of Insurance: Chatham County shall be famished with certificates of insurance and with original endorsements affecting coverage required by this request The 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 tendered. The Contractor mus ensure Certificate of Insurance are updated for the entire tern 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 m 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 caniers indicating the currently available limits of liability for all policies requested herein. 1. Deductibles 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 expenses. 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 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 mails, 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 arising 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 Chatham 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 SOLICITATION - TERMS, CONDITIONS, AND EXCEPTIONS: This Invitation for Bid, and related responses of the selected Bidder/Proposer will by reference (within either a Contract or Purchase Order) 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 Commissioners for consideration and approval. In the event an agreement cannot be 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. 2.28 PAYMENT TO CONTRACTORS: 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 Upon completion of the work , the Contractor will provide the County with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the County have been paid in full Affidavit will accompany each monthly invoices) submitted to the County for payment 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 information. 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 may be needed to fill any requirements of the agencies as shown in the bid invitation. As it is impossible to determine the precise quantities that may be needed during the contract period, the Contractor is obligated to deliver in minimum/maximum quantifies 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 terms 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 of the Contract, at Contract prices, terms and conditions, as an emergency measure, subject to prior approval of the concemed 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 REOUIRFMENTS:: 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 of the Contract. 35 URGENT REOUIREMENTS: 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 TERMINATE: In the event any of the provisions of the Contract are violated, the Agencies may serve individnat 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 satisfactory arrangements for correction made, the Contract, shall upon expiration of ten (10) days, be temlinated. 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 COMMLSSIONERS. 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 ventures and sub-consultant arrangements are not prohibited; however, successful contractor shall secure written permission for the County before subcontracting any pact ofthis contract 3.9 NO EXCLUSIVE CONTRACT /ADDITIONAL SERVICES: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the County may, at any time, secure similar or identical services at its sole option. 3.10 CASH DISCOUNTS/LATE CHARGES: A Bid/Proposal Evan► ration 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 event - that the County is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a comedy 14 completed invoice indicating the discount whichever occurs later. If the County is entitled to a discount under the contract, 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, unless 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. Bidders/Offerors are instructed to leinove strike 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. (NO BOND REQUIRED) Contractor(s) shall post a payment/performance bond, certified check or money order made payable to the Chatham County Finance Department in the amount of 100% of the bid price if awarded the purchase. Such bond(s) 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 business in the State of Georgia and approved by Chatham County. 3.12 AUDITS AND INSPECTIONS: At any tune 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 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 and other data relating to all matters covered by this Contract. All documents to be audited shall be available for inspection at all reasonable tunes 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 Government 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. /Yes /No Exceptions: 15 3.14 WARRANTY REQUIREMENTS: (Check where applicable): A. Provisions of item 2.11 apply. B. Warranty required. 1. Standard warranty shall be offered with bid. 2. Extended warranty 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-time Purchase C. Other ONE TIME CONTRACT * *CONVERSATIONS OR CORRESPONDENCE REGARDING THIS SOLICITATION OR REPORT BETWEEN PROSPECTIVE OFFERORS AND PERSONS OUTSIDE THE CHATHAM COUNTY PURCHASING OFFICE ICE WILL NOT BE CONSIDERED OFFICIAL OR BENDING UNLESS OTHERWISE SPECIFICALLY AUTHORIZED WITHIN THIS DOCUMENT.** 3.16 PLEASE COMPLETE THE FOLLOWING: (Should a bid result from this invitation) TOPLACEA VERBAL ORDER, CONTACT: NAME CUb1OMER REPRESENTATIVE: NAME ADDRESS PHONE # 16 TO PLACE AN EMERGENCY (A1 YER HOURS/WEEKENDS) ORDER CONTACT. NAME CUSTOMER REPRESENTATIVE: NAME ADDRESS PHONE # BID SIGNER: NAME ADDRESS PHONE # IF NOT LOCAL, WIT T . TOLL FREE TELEPHONE SERVICE; BE PROVIDED) BY THE VENDOR DURING THE EFFECTIVE PERIOD OF THE CONTRACT? ( )YES ()NO DELIVERIES WILL BE MADE AGAINST THIS CONTRACT BY: OF APPLICABLE) VENDOR OWNED FREQUENCY COMMERCIAL CARRIER FREQUENCY Bidder hereby agree to special conditions of this invitation to bid: FIRM NAME: BY: TITLE: 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/piuposal 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 I, the undersigned bidder, have read the instructions to bidder and agree to be bound by the provisions of the same. This day of 20 . BY SIGNATURE TITLE COMPANY 18 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 this 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 A through H (Pages 21 & 22) of this proposal. 4.12 Classification: Goods are classified as follows: Group I Unleaded Regular Gasoline Group It Unleaded Premium Gasoline Group III Unleaded Prem., Unleaded Reg. Mix Group IV Diesel- Ultra-Low Sulfur 42 APPLICABLE DOCUMENTS, STANDARDS AND SPECIFICATIONS: The following shall apply: PAD 1- Oil Price Information Service (O.P.I.S.) Pricing Index- 5 Day Price Average ASTM Standards for Octane and Quality Rafingsl 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 a twelve (12) month period. The annn21 volumes indicated are estimates based upon a recent survey conducted in May 2009. 4.32 Every attempt will be made on the part of the participating Agencies to support the awarded vendor(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 its own Purchase Order to the awarded vendor and establish delivery tune, location, and any special conditions at the time the order is being placed. 4.3.3 Contractor shall state fine's capacity to pivvide "split" transport deliveries (i.e. 1 /2 diesel fuel and 1 /2 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 a week and should provide a 24 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 axing or other disaster preparation, 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. 4.3.6 The City's Industrial and Domestic Water Plant and Chatham County may each require a stationary diesel fuel "transport load" trailerwith 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 "transport 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 Savannah's 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 municipality 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 conccted to 60 degrees Fahrenheit) B. Group II - Unleaded Premium Gasoline: Must have an octane rating of not less than 92.0, not to exceed 10% Ethanol (quantity convected to 60 degrees Fahrenheit) 20 C. Group III Unleaded Premium, Unleaded Regular Mix: Must have an average octane rating of not less than 89.5, 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 sulfur 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 flee of water and foreign matter. 4.4.3 Agencies reserve the right to perfonn or cause random tests to be performed to ensure products meet the above specifications. It shall be the vendors' responsibility to submit samples for testing 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 Information Service Index (O.P.LS) 5 -Day* Price Average. 0.PIS. is a weekly publication which reports refinery prices: FOB Terminal (Savannah Port) in cents/gallon excluding taxes, discounts, hauling and freight charges. 4.52 The ma± up or discount price will be fixed for the duration of the Contract 4.5.3 Explanation of Proposal Pages. A. 5 -Day* Average price per gallon per weekly O.P.I.S. Publications. This figure does not include 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 eve 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 "Superfiund" rate (if reinstated), 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 furnished 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. K 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 O.P.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 O.P.LS., plus or minus your factor expressed in cents per gallon, the O.PJS. 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 Board of Education 208 Bull Street Savannah, GA 31401 Telephone: 651 -7628 Attn: Accounts Payable • Town of Thunderbolt Finance Officer 2702 Mechanics Avenue Thunderbolt, GA 31404 Telephone: 354 -5533 Attn: Accounts Payable • City of Bloomingdale City Clerk P.O. Box 216 Bloomingdale, GA 31302 Telephone: 748 -0970 Attn: Accounts Payable 4.6.5 Payment temps are net 30, except in the case of prompt payment discounts. Prompt payment discounts in increments of less than 10 days are unacceptable. 4.7 DELIVERY: 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: PHONE NUMBER ADDRESS: 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 sealed at the temminal. Agency employees will again measure the fuel and sign the metered delivery receipt if they are in agreement with the quantity shown. If 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[] NO[] 4.8.2 Integrated Oil Companies as suppliers cannot be dependent upon another supplier for supplies or allocation unless 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 case 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 annual estimated usages as indicated in the "Invitation to Bid ". 4.9 Indicate primary brand name of fuel to be delivered: . (Prices based on O.P.I.S. 5 -Day ' 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 CHATHAM 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. 1 Mosquito Control Unleaded 21,000 Tank Wagon 65 Short Suet 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 L/S Diesel 3,000 Tank Wagon #1 Al Henderson Ave. TOTAL: 785,000 TRANSPORT- UNLEADED: 545,000 TRANSPORT- DIESEL: 180,000 TANK WAGON- UNLEADED: 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 1 & D Clear Diesel 1,178 Tank Wagon I I & D Unleaded 5,693 Tank Wagon Landfill Diesel 25,639 Tank Wagon Police Department Unleaded 255,216 Transport Storm Water Diesel 4,406 Tank Wagon Vehicle Maint Sallie Mood Unleaded 371,939 Transport Vehicle Maint - 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 Operations - various 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: 1,598514 I I 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 COMMISSION LOCATION TYPE FUEL TOTAL GALLONS DEL TVERY 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 TYBFF, ISLAND 1 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 Highway 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 APPROXIMATE GALLONS) A B C Freight Overhead Total Charge Difference Mark-Up ($Gallon) ($Gallon) ($Gallon) — Unleaded Regular (71,605 Gallons) $ +$ 4 Unleaded Premium (22,000 Gallons) Mixed Unleaded 50%RegJ50% Premium (N /A) Ultra Low Sulfur Diesel Fuel (116,626 Gallons) TRANSPORT LOADS (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) $ +$ Unleaded Premium (62,659 Gallons) Mixed Unleaded- (30,000 Gallons) Ultra Low Sulfur Diesel Fuel (1,743,353 Gallons) ALL PRICES ARE BASED ON THE 5 DAY AVERAGE O.P.LS. PRICE FOR THE SAVANNAH AREA AT TIlVIE OF DELIVERY. MARKUP RATE 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 IL SPECIAL RATES (AFTER NORMAL WORKING HOURS/WEEKENDS) TANK WAGON DELIVERIES (UP TO APPROXIMAIE GALLONS) A B C Freight Overhead Total Charge Difference Mark Up ($Gallon) ($Gallon) ($Gallon) Unleaded Regular (51,329 Gallons) $ +$ =$ Unleaded Premium (18,000 Gallons) Mixed Unleaded- 50%Regi50% Premium (N /A) Ultra Low Sulfur Diesel Fuel (110,886 Gallons) TRANSPORTS LOAD (8,000 TO 8,500 GALLONS) A B C Freight Overhead Total Charge Difference Mark Up ($Gallon) ($Gallon) ($Gallon) — Unleaded Regular (1,323,379 Gallons) $ +$ Unleaded Premium (45,000 Gallons) Mixed Unleaded (30,000 GALLONS) Ultra Low Sulfur Diesel Fuel (1,427,130 Gallons) III. DISASTER RELIEF (CITY OF SAVANNAH AND CHATHAM COUNTY): DAILY RAIE STATIONARY DIESEL TRANSPORT LOAD TRAILER WITH TRANSPORT TAN K WAGON TO REMAIN ON SI IE. BID /EACH ALL PRICES ARE BASED ON THE 5 DAY AVERAGE O.P.I.S. PRICE FOR THE SAVANNAH AREA AT TIME OF DELIVERY. MARK-UP RAIE DOES NOT INCLUDE GEORGIA SALES TAX (.0300 /GALLON), SUPERFUND (CURRENT RAIE IF REENACTED), G.U.S.T. (.005 /GALLON), OR MOTOR FUEL TAX (.075 /GALLON). 30 ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL BID NO. 10-1-9-5 DELIVERY HOURS TAX CER11F1CAIENO. NAME TITLE CITY COUNTY OTHER: ADDRESS COMPANY TELEPHONE NUMBER FAX NUMBER E -MAIL ADDRESS MINORITY VENDOR? /YES /NO MINORITY CLASSIFICATION: RECEIPT OF ADDENDUM NOS. HEREBY ACKNOWLEDGED. THIS BID WILL REMAIN N EFFECT FOR DAYS FROM THE DA 1 E OF THE BID OPENING. DISCOUNT(S) TERMS: BY: VENDOR SIGNATURE 31 CHATHAM COUNTY PURCHASING DIVISION NO-BID STATEMENT In an effort to make the procurement of construction, goods and services for Chatham County as competitive as possible, we are soliciting information from contactors and or vendors who cannot bid. Your `responsiveness" and "constructive" comments will be appreciated. Completion ofthis form will assist us in evaluating factors which relate to the competitiveness of our bids. Please check any ofthe boxes below which may apply. Please explain any issues you feel needs addressing. ❑ Specifications - Restrictive, too "tight", unclear, specialty item, geared toward one (1) brand or manufacturer only. (Explain below) ❑ Manufacturing - Unique item, production time for model or item has expired, etc. ❑ Bid Time - Insufficient lime to pioperly respond to bid or proposal. ❑ Delivery Time - Specified delivery time cannot be met. ❑ Payment - Delay in payment tams. Please be specific. ❑ Bonding - We are unable to meet bonding requirements. ❑ Insurance - We are unable to meet insurance requirements. ❑ Removal - From bidders list for this particular commodity or service. ❑ Keep - Our company on your bidders list for future reference. ❑ Project is - Too Large Too Small Site Location Too Distant . ❑ Miscellaneous - Do not wish to bid, do not handle this type of item (s), unable to compete, contract clause (s) not acceptable, etc. Please be specific. > CONSTRUCTION PROJECTS: Please provide reason for obtaining abidpackage. Check one below. Interest in this project as a Prime Contractor , Sub- Contractor , Supplier . The intent in obtaining this information, is to utilize it to adjust procedures, if appropriate and to obtain maximum participation in the competitive bid process. Vendor comments are not restricted to those items listed. Please submit any statement relative to this bid which you feel has an impact on your inability to bid. VENDOR STATEMENT NOTE: RETURN THIS FORM ONLY IF YOU ARE NOT SUBMITTING A BID. Signature Bid Number 10 -1 -9 -5 Firm Name Commodity number, or name: Telephone Number Gasoline & Diesel Fuel (405 -15) Purchasing Agent: Telephone: 912-790-1626 or Fax 912 - 790 -1627 32 REFERENCES COMPANY NAME: ADDRESS CITY STATE ZIP CONTACT PERSON: PHONE NUMBER ********************************************************************** * * * * * * *** * * * * * * * * * * * * * ** * ** * *** COMPANY NAME: ADDRESS CITY STATE ZIP CONTACT PERSON: PHONE NUMBER * * * * * * * * * * ** ****************:**************************************** * * * * * * * * * * * * *** * * * * * * * * * * * * * * ** COMPANY NAME: ADDRESS CITY STATE ZIP CONTACT PERSON: PHONE NUMBER ********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COMPANY NAME: ADDRESS CITY STATE ZIP CONTACT PERSON: PHONE NUMBER: *********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COMPANY NAME: ADDRESS CITY STATE ZIP CONTACT PERSON: PHONE NUMBER ********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 33 ATTACHMENT "A" DRUG FREE WORKPLACE CERI VICATION 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 drug-free wodiplace 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 certification: ( Contractor) certifies to Chatham County that a drug fire workplace will be provided for the employees during the performance of this contract known as ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL FOR CHA1HAM COUNTY AND ALL PARTICIPATING AGENCIES pursuant to paragraph (7), of subsection (B) of Code Section 50 -24-3. Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. CONTRACTOR DALE NOTARY DAIE 34 ATTACHMENT "B" PROMISE OF NON DISGRIVIINATION STATEMENT Know All Men By These Presents, that I (We), Name Title Name of Bidder (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 of the 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, I (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 contract with Chatham County, (5) That the promises of non - discrimination 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 exercise appropriate ieruedies including but not limited to termination of the contract. 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 STAFF FROM THE BOARD OF COMMESIO1VERS. TO: CHATHAM COUNTY PURCHASING PROJECT: ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL FOR CHATHAM COUNTY AND PARTICIPATING AGENCIES BIDDER DATE: The undersigned has agreed to perform work in connection with the above project as: a sole proprietorship (individual) a corporation a partnership a joint venture Detailed description of work items to be performed at the following price $ Type or Print Name of M/WBE Sub - Contractor By: Title: Printed Name: The undersigned will enter into awritten averment with the above M/WBE Contractor for the woric descnbed upon award and execution of a contract with Chatham County. Typed or Print Name of Firm Signature: Title: Printed Name: Date: 36 ATTACHMENT "D" DISCLOSURE OF RESPONSIBILITY STATEMENT Failure to complete and return this infomration will result in your bid / offer /proposal being disqualified from further competition as nonresponsive. 1. List any convictions of any person, subsidiary, or affiliate ofthe company, arising outofobtaining, or attempting to obtain a public or private contract or subcontract; or in the performance of such contract or subcontract. 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 ofthe contractor. 3. T ist any convictions or civil judgments under states or federal antitrust statutes. 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 5. List any prior suspensions or debarments by any governmental agency. 6. List any contracts not completed on time. 7. List any penalties imposed for time delays and/or quality of materials and work manship. 8. List any documented violations of federal or any state labor laws, regulations, or standards, occupational safety and health rules. 37 , as Name of individual Title & Authority of , declare under oath that Company Name the above statements, including any supplemental responses attached hereto, are true. Signature State of County of Subscribed and sworn to before me on this day of 2009 by representing him/herself to be of the company named herein. Notary Public My Commission expires: Resident State: 38 ATTACHMENT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13- 10 -91, stating affimmatively 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.G.A. 13- 10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) I n connection with the physical performance of services pursuant to this contract with (name of public employer), contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13 -10-91 on the Subcontractor Affidavit provided in Rule 300 - 10-01 -.08 or a substantially similar form. Contractor farther agrees to maintain records of such compliance and provide a copy of each such verification to the (name of the public employer) at the time the subcontractor(s) is retained to perform such service. BEV / 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.G.A. 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 ATTACHMENT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13- 10-91, stating 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 CIRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in O.C.GA 13- 10-91. REV / Basic Pilot Program* User Identification 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.GA13- 10-91, the applicable federal work authorization program is the "EEV / Basic Pilot Prom" operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Adnunistration (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 Purchasing Department, 1117 EISENHOWER DRIVE, SUITE C, Savannah, GA. for: BidNo: 10-1-9-5 ANNUAL CONTRACT FOR GASOLINE AND FUEL FOR CHATHAM COUNTY AND PARTICIPATING AGENCIES. PR E-BID CONFERENCE: 10:00 A.M. SEPTEMBER 10, 2009, IN THE OFFICE OF THE PURCHASING AGENT, LOCATED AT 1117 EISENHOWER DRIVE, SUITE C, SAVANNAH GEORGIA 31406. Specifications can be downloaded from the County's website at www.chathamcounty.org and are available in the office of the Chatham County Purchasing Department, 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.chathamcountyvims.com CHATHAM COUNTY RESERVES THE RIGHT TO REJECT ANY /AND OR AID, BIDS AND TO WAIVE ALL FORMALITIES. "CHATHAM COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER, M/F/H, ALL BIDDERS ARE TO BE EQUAL OPPORTUNITY EMPLOYERS" 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 I I 41