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HomeMy Public PortalAboutStrickland Oil/Chatham County SERVICES CONTRACT BETWEEN CHATHAM COUNTY, GEORGIA AND STRICKLAND OIL COMPANY 142 PINE BARRON ROAD POOLER, GEORGIA 3'J 322 (9•']2) 748-4084 (Phone), (9 2) 748-3,.,75 sFE, c) stricklandoil @aoLco ANNUAL CONTRACT FOR GASOLINE AND BIO DIESEL FUEL BID NO. 12-0131.-5 (A) Board of County Commissioners Chatham County Courthouse 124 Bull Street Post Office Box 8161 Savannah, Georgia 31412 SERVICES CONTRACT Between CHATHAM COUNTY, GEORGIA And STRICKLAND Oft COMPANY This Contract is made and entered into this 8th day of MARCH 20i3, by and between the Board of Commissioners of Chatham County, Georgia, hereinafter called the "BOARD," and STRICKLAND OIL COMPANY, 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 GASOLONE AND BIO DIESEL FUEL FOR CHATHAM COUNTY, GEORGIA, AS SPECIFIED ]N ED HMO. P13-0131-5(A). 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: ARTICLE TERMS • ND CONDITIONS OF TWOS CONTRACT SECT ON 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 MI YEAR, WITH RENEWAL OPTIONS FOR FOUR (4) ADDITIONAL ONE (1) YEAR TERMS. BECTON I-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." MICHEAL GRANT, MANAGER, FLEET OPERATIONS, 1335 LYNAH AVENUE SAVANNAH, GEORGIA 31408, (912) 652-6887 (PHONE) (912) 652-6884 or meorant cCDchathamcountv.ora, will 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 M. COUNTY PrsOJECT 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 I-5. PERS�'NNEL AND EQUIPMENT. The CONTRACTOR represents that it has secured or will secure, at its own expense, all personnel and equipment necessary to 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. SECTCOM C-S. SCHEDULING OF WORK TASKS. The CONTRACTOR shall energetically and expeditt ously carry out the required services. SECTCOM C-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. SECTION Q-a. CHANGES TO THIS CONTRACT. The COUNTY may, at any time, request 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. 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 thirty (30) calendar days from such notice to cure such default. After notice, the COUNTY shall have the right to terminate the defaulting unit 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. SECTION I-11 TERMINATION OF CONTRACT FOR LACK OF FUNDING: The obligation of the COUNTY for payment to a CONTRACTOR is limited to the availability of funds appropriated in a current fiscal period. The continuation of the contract into subsequent appropriated in a current fiscal period is subject to the appropriation of funds, unless otherwise authorized by law. SECTION I-112. CNDEMNIFCCATION. The CONTRACTOR 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 to property, claims, or resulting attorney's fees, for incidents involving bodily injuries or damage to property caused by the CONTRACTOR actions or failure to take actions under this Contract. In no event shall the CONTRACTOR be responsible for consequential, incidental or punitive damages or penalties. SECTION i-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 Contract without liability or in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. SECTION M4. PROHBIF.I a ED 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. SECTION 1-14. 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. SECTIO ] ASSIGNABILITY. The CONTRACTOR may assign its rights under this Contract, including collateral assignment as required under its credit facilities or assign all or a portion of the revenues and sell the applicable Equipment to a financing company with the written consent of the County which shall not be unreasonably withheld. 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 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 M8. ANTI-KIC K:ttACK CLAUSE. Salaries of all personnel performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are 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 under this Contract. SECTION I-1 S. 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 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 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 (-2e. 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 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 times in the main offices of the COUNTY or at the offices of the CONTRACTOR as requested by the COUNTY. SECTION 1-21. VIERS-AL 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 l-8. SECT DOIN [-22. U[NDEPE[NDENT 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 1-23. NOTICES. All notices shall be in writing and any notices, demands and other papers or documents to be delivered to Chatham County, Georgia, under this Contract shall be delivered in person or transmitted by certified mail, postage prepaid to the County's Proiect Manager" MICHEAL GRANT. MANAGER, FLEET OPERATIONS, 1335 LYNAH AVENUE SAVANNAH, GEORGIA 31408, (912) 652-6887 (PHONE) (912) 652-6884 or mearant(c�chathamcountv.orq or at such other place or places as may be subsequently designated by written notice to the CONTRACTOR. 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: THOMAS E. WSHING, VICE PRESIDENT. STRICKLAND OIL COMPANY, 124 PINE BARRON ROAD, POOLER, GA 31322, (912) 745-4084 PHONE, (912) 748-8876 ;(FQX), stgicklandeac01.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 1-25. COMPLUANCE 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 four (4) year 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 II°f. COMPENSATION FOR CONTRACTOR SERVICES. The COUNTY shall pay the CONTRACTOR for his services as foiiows: AS LISTED ON THE COMPENSATION SHEET. SECTION II-2. COMPENSATION SCHEDULE. The detailed project compensation schedule is shown on the compensation sheet and is attached hereto and incorporated herein as a part of this Contract. Any changes to the cost will be negotiated by the CONTRACTOR and the County Contract Administrator and, once agreed upon in writing, shall become an addition to the compensation sheet. 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 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 II-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 policy(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 B. Limits of Insurance Effective coverage shall have the following limits: (1) Commerca] GenaraB L6s[bHoty: $1,000,000 Combined Single Limit General Aggregate for bodily injury, property damage, Products-Completed Operations, Owners and Contractors Protective Liability, and Contractual Liability. (2) [ a,]sness Auto Liability: $1,000,000 Combined Single Limit per accident for bodily injury and property damage, including Code 1 - "Any Auto." (3) Worker's Compensation that shall comply with all applicable state and federal Dalms 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 Chatham County, the limits stated under such coverage shall apply separately to Chatham County. (2) Reporting Provisions: Any failure to comply with reporting provisions of any applicable policy shall not affect coverage, if any, afforded on behalf of Chatham County, its officials, officers, employees, or volunteers. (3) Cancellation/Non-Renewal Notificatoon: Each applicable insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled, except after prior written notice (4) Proof of Insurance: The Contractor is required to carry insurance under this contract and shall furnish Chatham County with certificates of insurance. Certificate can be provided by the authorized broker and a blanket endorsement for GL can be provided. (5) Insurer Acceptability: Insurance is to be placed with insurers with a Best's rating of no less than A:V. (6) Lapse of Insurance Coverage: A lapse of insurance coverage shall constitute ground for notification of possible termination of this contract by the Chatham County Board of Commissioners. SECTION 11-5. RESERVED. SECTION 1I-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. The CONTRACTOR agrees that the provisions of this Article shall be included in any contracts it may make with any subcontractor, • assignee, or transferee. SECTION 11-7. PAYMENT OF T XES AND FEES. The CONTRACTOR shall request and obtain any necessary inspections from the County Project Manager should same be required. The cost of any permit fees required by the County, and not waived, shall be paid by the CONTRACTOR. ARTICLE II SERVICES PROVIDED BY THE COUNTY SECTION Ill-I. 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. SECTION 111-2. INFORMATION TO THE CONTRACTOR. The COUNTY will supply the CONTRACTOR with adequate copies of all data pertaining to the required service, plus full 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. 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 prompt verbal and/or written notice to the CONTRACTOR whenever the COUNTY observes or otherwise becomes aware of any defect in the service or changed circumstances. 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 property as required for the CONTRACTOR to perform his services under this Contract. ARTICLE IV SCOPE OF SERVICES PROVIDED EY 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. ANNUAL CONTRACT TO PROVIDE "GASOLINE AND BIO DIESLE FUEL" FOR CHATHAM COUNTY, GEORGIA. AS SPECIFIED IN RFP NO. 12-0131-5 WHICH IS HEREBY INCORPORATED BY REFERENCE IN ITS ENTIRETY. SECTION IVY--. 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: Aaov\ STRI KLANDOL C PANY i ( SIG'4AT(URE� SIGNATURE cat 1 { I •1J S v ,?er r 7/10/0 e. /614/Ail///,?!.E! _'/'✓‘�i.1 4).G'.;,,/` NAME/TITLE V 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 occupy the official position indicated and is duly authorized to execute such document on behalf of this Corporation. CORPORATE SEAL: CHA,, AM COUNTY, GEORGIA: ALB SCOTT; CHAIRMAN-; I OA'"` OF COMMISSIONERS --- -Ys I0.,. AP' O1/7 S TO 'O'M AND LEGALITY: ATTEST: t F' , , v. I "..-30NATHAN ART, COUNTY ATTORNEY J v ICE E. BOCOpic;..CLJ K, Co TRACT NO. 12-04,31.-.5.(AY.' . CHATHAM COUNTY, GEORIGA ANNUAL CONTRACT FOR GASOLINE AND BIO DIESEL FUEL COMPENSATION SHEET FOR BID NO. 12-0131-5 (A) PAYMENT WILL BE MADE BY INVOICE SUBMITTED TO PROJECT MANAGER FOR SERVICES SATISFACTORILY COMPLETED. CONTRACT PRICES ARE AS FOLLOWS: REGULAR WOR WG HOURS (Z©G17DA1`l TC'1 s�.r�OUZ'H FRuDA.* Unleaded Regular- Tank Wagon O.P.I.S. +$.099/Gallon Unleaded Premium-Tank Wagon O.P.I.S. +$.099/Gallon Unleaded Plus- Tank Wagon O.P.I.S. +$.099/Gallon ULS Diesel Fuel- Tank Wagon O.P.I.S.+$.099/Gallon (On & Off Road) WEEKEND/HOLIDAY RATE: Unleaded Regular- Tank Wagon O.P.I.S. +$.15/Gallon • Unleaded Premium- Tank Wagon O.P.I.S. +$.15/Gallon Unleaded Plus- Tank Wagon O.P.I.S. +$.15/Gallon ULS Diesel Fuel- Tank Wagon O.P.I.S.+$.15/Gallon (On & Off Road) OCSASTER RELIEF: Diesel Transport Trailer with Tank Wagon (Per Unit): $1,500 Per Day