Contract for Fuel

BUTTS COUNTY BOARD OF COMMISSIONERS

INVITATION TO BID

Bid Number #23-14 For

Contract for Fuel

Butts County Board of Commissioners 625 West Third Street Suite 4 Jackson, Georgia 30233

Greetings, The Butts County Board of Commissioners is soliciting competitive sealed bids from qualified vendors to supply fuel on a contracted basis as indicated herewith, for the period beginning August 1, 2023, to July 31, 2024. Contract may be renewed for up to two (2) additional years.

Bids should be typed or submitted in ink and returned in a sealed envelope marked on the outside with the Bid# and Company Name. Bids will be received until 2:00 p.m. local time June 6, 2023, at the Butts County Administration Office - Purchasing – Suite 4, 625 West Third Street, Jackson, Georgia 30233. Any bid received after this date and time will not be accepted and will be returned unopened. Bids will be publicly opened and read at 2:00 p.m. on June 6, 2023.

Questions regarding bids should be directed to Tina Lunsford Procurement Specialist, at tlunsford@buttscounty.org no later than May 24, 2023. Any possible exceptions to the bid specifications and/or terms and conditions should be addressed during this phase. These requests will be answered in an addendum if such information is necessary so that all potential bidders will have the information. Deadline for first addendum, if required, posted on the Butts County website: https://buttscountyga.com/requests-for-bids-proposals-or-qualifications on May 26 2023, by 12:00 pm. The posting of additional addenda may be required, and it is the responsibility of the bidder to ensure that they review the County’s website for any additional addenda, and that they submit acknowledgement of all applicable addenda (on the included form) with their solicitation. Bidders should not expect to be individually notified by Butts County.

Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate. The successful contractor will be required to meet insurance requirements.

The written bid documents supersede any verbal or written prior communications between the parties. Award will be made to the contractor submitting the lowest responsive and responsible bid. Butts County reserves the right to reject any or all bids, to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in entirety. Butts County reserves the option to negotiate terms, conditions, and pricing with the lowest responsive, responsible bidder(s) at its discretion.

Thank you for your interest in Butts County!

Schedule of Events Questions submittal deadline May 24, 2023 3:00 pm Direct all questions to:

tlunsford@buttscounty.org

First Addendum deadline

May 26, 2023 12:00pm Posted on county website:

https://buttscountyga.com/requests-for-bids-proposals-or-qualifications

June 6, 2023 2:00 pm

Bid Delivery

Mail to:

Butts County BOC 625 West Third Street Suite 4- Purchasing Jackson, Georgia 30233

Attn: Tina Lunsford

PURPOSESECTION I - GENERAL OVERVIEW

The intent of this invitation is to obtain competitive sealed bids from qualified vendors to supply gasoline and diesel fuel from August 1, 2023, to July 31, 2024 with the option to possibly renew for up to two (2) years. The Contractor shall furnish all labor, materials, equipment, and services required to fulfill the terms and conditions of this bid.

B. GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS

Butts County Board of Commissioners Purchasing Department, Suite 4 625 West Third Street Jackson, GA 30233 Bid # 23-14 Fuel Contract

One (1) unbound clearly marked “Original,” of the bid documents, Two (2) bound copies identical to the original bid documents,

· One (1) digital copy in PDF format on a USB flash drive identical to the original bid documents. The USB flash drive should be labeled with the Bid number and bidder’s name.

4. Pre-Bid Conference The Pre-Bid Conference or any other information session (if shown in the schedule of events) will be held at the offices referred to in the “Invitation to Bid.” Unless indicated otherwise, attendance is not mandatory, although suppliers are strongly encouraged to attend. However, in the event the conference has been identified as mandatory, then a representative of the supplier must attend the conference in its entirety to be considered eligible for a contract award.

Corporation: If the Bidder is a corporation, the bid must be submitted in the name of the corporation, not simply the corporation’s trade name. In addition, the bid shall be signed by an officer of the corporation.

Partnership: If the Bidder is a partnership, all partners must sign the bid. If all the partners do not sign the bid, then the names of all those except limited partners must be furnished on the bid and evidence of the authority of the signer(s) to execute the bid on behalf of the partnership.

Limited Liability Company (LLC): If the Bidder is a limited liability company, the authorized agent having authority to bind the limited liability company must sign the bid documents.

Sole Proprietorship or Individual: If the Bidder is a sole proprietor or individual, a signature is required on all bid documents by that individual.

7. Exceptions and Omissions Any exceptions to the specifications and/or terms and conditions must be addressed during the question/clarification and addendum phases.

8. Alterations of Solicitation and Associated Documents Alterations of County documents are strictly prohibited and will result in automatic disqualification of the Bidder’s solicitation response.

9. Cost Incurred by Vendors All expenses involved with the preparation and submission of the bid to the Butts County Board of Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).

11. Safety All vendors and subcontractors performing services are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.

12. Design, Standards and Practices Design, strength, quality of materials and workmanship must conform to the industry acceptable standards of engineering practices and/or professional services.

13. Statement of Warranty A Statement of Warranty should include all applicable manufacturers’ warranties and the Contractor’s warranty regarding equipment, materials, and workmanship. This statement shall include the terms, conditions, and the period of warranty coverage. Any exclusion(s) must be clearly stated.

14. Non-collusion By submitting a bid in response to this solicitation, the Bidder represents that in the preparation and submission of this bid, said Bidder did not either directly or indirectly, enter into any combination or arrangement with any person, Bidder, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

15. Nondiscrimination Notwithstanding any other provision of this Agreement, during the performance of this Agreement Contractor, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Agreement does hereby covenant and agree, as a covenant running with the land, that:

a. No person on the grounds of race, color, religion, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.

b. In the production of the vehicle(s), and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex, or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

16. Georgia Security and Immigration Compliance Act Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300-10-02 are conditions of this bid and contract document. The Contractor further agrees that such compliance shall be attested by the Contractor and any of his Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and become a part of the Agreement between Butts County and the successful Contractor.

17. Supplier Inclusion Program Small, local, Disadvantaged Business Enterprise (DBE), and female-owned business enterprises are encouraged to participate in the solicitation process.

19. County’s Tax Exemption Butts County is exempt from Federal Excise Tax or Georgia Sales Tax regarding goods and services purchased directly by Butts County. Exemption certificates furnished upon request.

22. Confidentiality All information disclosed by Butts County to the successful Contractor for the purpose of the work to be done or information that comes to the attention of the successful Contractor while performing such work is to be kept strictly confidential.

Any dispute arising because of this bid and/or an Agreement which was created from the terms, conditions and specifications of this document or their interpretation, litigation shall only be entered into and shall be performed in Butts County, Georgia. This Agreement shall be governed by the applicable laws of the County of Butts and the State of Georgia. Any dispute arising out of the agreement, this bid solicitation, its interpretations, or its performance shall be litigated only in the County of Butts Judicial Courts.

25. Contractor as Independent Contractor In conducting its business hereunder, Contractor acts as an independent contractor and not as an employee or agent of Butts County. The selection, retention, assignment, direction, and payment of Contractor’s employees shall be the sole responsibility of Contractor.

26. Assignment The Agreement, in whole or any part hereof, created by the award to the successful contractor shall not be sold, not be assigned or transferred by Contractor by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Contractor, or with a business entity which is merged or consolidated with Contractor or which purchases a majority or controlling interest in the ownership or assets of Contractor without the prior written consent of Butts County.

27. Owner and Ownership of Documents The Butts County Board of Commissioners, 625 West Third Street, Jackson, Georgia 30233 is the owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs, electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared during performance of the services required by this contract shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the project except that Contractor shall have the right to retain copies of the same.

The agreement resulting from this bid shall be subject to termination by Contractor in the event of any one or more of the following events: The default by County in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of County to remedy, or undertake to remedy such default, for a period of thirty (30) days after receipt of notice from Contractor to remedy the same.

b. Termination by County The agreement resulting from this bid shall be subject to termination by the County at any time in the opinion of the County; the contractor fails to conduct the contract provisions of any one or more of the following events:

Neither party shall be held to be in breach of the Agreement resulting from this bid, because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

d. Waiver The waiver of any breach, violation, or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver any subsequent breach, violation, or default in or with respect to the same or any other covenant or condition hereof.

30. Invoices Invoices and/or statements should be mailed directly to:

Butts County Board of Commissioners Accounts Payable 625 West Third Street, Suite 4 Jackson, GA 30233

31. Payment Payment shall be tendered to the successful Bidder upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions, and specifications of the bid; by completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice.

32. INSURANCE REQUIREMENTS

The contractor shall procure and maintain the following insurance, to be in effect throughout the term of the contract, in at least the amounts and limits as follows:

a. General Liability Insurance: $1,000,000 combined single limit per occurrence, including bodily and personal injury, destruction of property, and contractual liability.

b. Automobile Liability Insurance: $1,000,000 combined single limit each occurrence, including bodily injury and property damage liability.

c. Worker’s Compensation & Employer’s Liability Insurance:

Before a contract is executed, the Certificates of Insurance for all required coverage shall be submitted. The certificate shall list an additional insured as follows:

Butts County, Georgia Butts County Board of Commissioners 625 West Third Street Jackson, Georgia 30233

A. BID SPECIFICATIONS SECTION II – BID SPECIFICATIONS

The vendor will furnish fuel according to the following specifications on an as needed basis. Butts County Public Works Department has one (1) fuel station located at 1036 Brownlee Road, Jackson, Georgia 30233 with one 10,000-gallon underground gasoline tank and one 10,000-gallon underground diesel tank.

B. BID PRICE AND STRUCTURE

The price paid per gallon for each petroleum product may increase or decrease on a daily basis. This price shall be based upon contract average price OPIS as per time of loading. The bid price shall include only markups or discounts and freight rates f.o.b. to the location in the above section, and any other charges, excluding taxes and fees. The price paid by Butts County for petroleum products shall consist of the following components, and shall be itemized on all invoices submitted:

1. Contract average price OPIS (Oil Price Information Service) for F.O.B. terminal in ct/gal, excluding taxes and discounts.

2. Bid unit price shall be the cents to be added or subtracted from the OPIS (Oil Price Information Service) contract average price at the time of loading. This includes profit and freight charges f.o.b. to the location listed above.

3. Appropriate Taxes (Georgia State Excise Tax, Georgia Underground Storage Tank Tax, Federal Oil Spill Tax, and Federal Leaking and Underground Storage Tank Tax) shall be itemized on the invoices, but not included in the unit price.

C. BID ITEM DESCRIPTION

Item 1. E-10 Gasoline 87 Octane Unleaded – Minimum Unleaded Octane rating of 87 and must meet all applicable EPA specifications for this service area, transport deliveries f.o.b. Jackson, GA.

Item 2. Diesel Fuel #2 Ultra Low Sulfur – For on the road use. 15 PPM Sulfur Maximum, 5% bio-diesel maximum. For all diesel engines, including late model diesel engines, must meet all applicable EPA specifications for this service area, transport deliveries f.o.b. Jackson, GA.

D. BID ITEM DELIVERY

1. Vendor must provide, upon the request of Butts County, specification sheets and technical information regarding the products delivered. Deliveries are expected within a twenty-four (24) period from the time the order is placed. Normal delivery time is Monday through Friday from 7:00 am to 3:00 pm est. In extreme emergency situations, deliveries may be needed within twelve (12) hours. The vendor will be notified as soon as practical to prepare in this instance.

2. Vendor shall submit a Plan of Action to minimize fuel supply interruption in case of an emergency. An example would consist of pump damaged/out of service, power outage, natural disaster.

3. The vendor is responsible for any spills and clean-up costs associated with deliveries made to the above facility. Vendor is responsible for disposing of any materials used in the clean-up of the spill.

4. If wireless monitoring is available, please include type of device and if automatic ordering is available.

5. After delivery, the vendor is to send an electronic invoice to Butts County Public Works with the following information:

type of fuel quantity of gallons unit price taxes other fees OPIS contract price (at the time of loading)

Bidder Information Form

Company Individual or Company Name: _____________________________________________ Physical Address: ________________________________________________________ Mailing Address (if different): ______________________________________________ SSN or Federal Employer ID# _________________________ Authorized Representative

Project Contact Person

Bid # 23-14 FUEL CONTRACTPlace this page 1st in the bid package

Bid Price Sheet The items listed below are our best estimate of our annual requirements. Quantities shown are estimates only, based on the previous twelve-month period and anticipated needs. Butts County reserves the right to purchase based on actual need at contract price.

Bidder must indicate the unit price per gallon for the items listed below, including delivery or freight and excluding OPIS (Oil Price Information Service). Bidder is cautioned to bid the NET price excluding all appropriate taxes (Federal and Georgia Environmental Assurance fee), and spill and lust fees. All taxes shall be itemized on the invoices, but not included as part of the bid prices.

Quantities

(GALLONS)

87 Octane Unleaded

LOW Sulfur on Road Use 15 PPM Sulfur Maximum, 5% biodiesel maximum

Submitted by:

COMPANY NAME OF BIDDER: ____________________________________________________

Bid # 23-14 FUEL CONTRACT Due Date and Time: June 6, 2023 2:00 PM

CHECKLIST FOR BID DOCUMENTS

Be sure to return this Checklist and the Required Documents in the order below.

DOCUMENTATION DESCRIPTION Please check Bid Price Sheet Checklist for Bid Documents/Addenda Acknowledgement (this page) Bidder Information Sheet Bid proposal and any requested materials W-9 Form

Forms:

Bid Authorization Affidavit Georgia Security & Immigration Compliance Act Affidavit & Agreement Non-Conflict of Interest References Supplier Inclusion Program

ADDENDA ACKNOWLEDGEMENT

Failure to acknowledge any addenda will result in a non-responsive bid.

The vendor has examined and carefully studied the Request for Proposals and the following Addenda, receipt of all of which is hereby acknowledged:

This affirms that all documents are included with the bidder’s bid package.

______________________________________ ______________________________ Authorized Representative’s Name Authorized Representative’s Signature (Print or Type)

BID AUTHORIZATION AFFIDAVIT

STATE OF GEORGIA

COUNTY OF BUTTS

BEFORE ME, the undersigned authority a Notary Public in and for the State of _________________, on this day personally appeared _______________________________ who, after having first been duly sworn, upon oath did depose and say; that the forgoing bid submitted by _____________________________________ hereafter called “Bidder” is duly authorized agent of said company and that the person signing said bid has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this Agreement, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms, or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid.

The undersigned certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final and if bid is accepted, agrees to furnish the articles and/or services listed and offered in this document at the prices and terms stated, subject to the conditions and specifications of this Request for Bid.

Bidder Information:

SWORN TO AND SUBSCRIBED BEFORE ME THIS ______ day of ________________.20______.

Notary Public in and for the State of ___________________

(Seal)

(FAILURE TO SIGN THIS SECTION SHALL DISQUALIFY YOUR RESPONSE)

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor 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 on behalf of the Butts County Board of Commissioners has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization/ E-Verify User Identification Number

Date of Authorization

Name of Contractor

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on __________________, _____, 20 _____ in ___________________ (city), _____________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________,20 _______.

NOTARY PUBLIC

My Commission Expires: _________________________________

NON-CONFLICT OF INTEREST

By submitting an offer in response to this solicitation, the Firm represents that in the preparation and submission of this proposal, said Firm did not either directly or indirectly, enter into any combination or arrangement with any person, Proposer, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

______________________________________ (Officer of Firm) certifies that to the best of our knowledge, no circumstances exist which shall cause a conflict of interest in performing services for Butts County, and that no company or person other than bona fide employees working solely for our firm has been employed or retained to solicit or secure an agreement resulting from this request for proposal.

Signature:

Type Name:

Title:

Firm Address:

REFERENCES

Please provide three (3) current or very current customers for whom you have provided equivalent products or services as listed in the specifications of this bid.

Reference One

Government/Company Name ______________________________________________________

Address _______________________________________________________________________

Contact Person and Title__________________________________________________________

Phone____________________________________ Fax________________________________

Contract Period__________________ Scope of Work__________________________________

Reference Two

Contact Person and Title__________________________________________________________

Phone____________________________________ Fax________________________________

Contract Period__________________ Scope of Work_________________________________

Reference Three

Contact Person and Title__________________________________________________________

Phone____________________________________ Fax________________________________

Contract Period__________________ Scope of Work__________________________________

Information of person who prepared this form:

SUPPLIER INCLUSION PROGRAM

Small, local, veteran-owned, Disadvantaged Business Enterprise (DBE), and female-owned business enterprises are encouraged to participate in the solicitation process. To give recognition to this type of business classification, please check all which apply:

Small Business Small businesses are defined by size standards and can be found in Title 13 of the Code of Federal Regulations (CFR), Part 121, and are broken down by the various categories of business enterprises.

Local Vendor Local vendors must operate and maintain a regular place of business within the geographical boundaries of Butts County, must have a current occupational tax certificate, must have paid all real and personal taxes owed the County and must certify its compliance with the Georgia Security and Immigration Act.

Veteran-Owned Business A veteran-owned business is a business in which a veteran owns a minimum of 51% of the business and holds the highest position at the company and is active in the daily management and strategic direction of the company. Title 38 of the Code of Federal Regulations defines a veteran as “a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.” This definition explains that any individual that completed a service for any branch of armed forces classifies as a veteran if they were not dishonorably discharged.

DBE Business DBE businesses, as defined by the Georgia Department of Administrative Services, shall be certified by the Georgia Department of Transportation, and shall consist of five (5) minority groups:

Asian American Native American African American Hispanic/Latino Pacific Islander

Female Owned Business A female-owned business is a business in which a female owns a minimum of 51% of the business and holds the highest position at the company and is active in the daily management and strategic direction of the company.

None of the Above Applies

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