REQUEST FOR PROPOSAL SUPPLY OF

TOWN OF SANDOWN, NH REQUEST FOR PROPOSAL SUPPLY OF #2 HEATING OIL, PROPANE GASOLINE AND DIESEL BID DUE DATE: September 6, 2018 Page 1 of 10

I. General Conditions 1. General Information: The Selectmen s Office of the Town of Sandown, New Hampshire will receive bid responses at its office at the Sandown Town Hall 320 Main Street, PO Box 1756, Sandown, NH up until the close of business on Thursday, September 6, 2018. Bids must be submitted in a sealed envelope bearing the name of the bidder, bid due date and bid title. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the bid. Bids are to be verified before submission as they cannot be corrected or altered or signed after bids are opened. If you downloaded this Request for Proposal from the Town of Sandown s website, www.sandown.us, it is your responsibility to check back on the website for any addenda that may have been issued, prior to the bid/proposal due date (or you may contact the Selectmen s Office at 603-887-3646). 2. Acceptance of Bids: The Board of Selectmen shall accept all bids up to the time specified for receipt of bids in the Public Notice. All bids will be date stamped by the Selectmen s Office. Any late bids will be rejected. A bidder may correct, modify, or withdraw a bid by written notice received in the Selectmen s Office before the time and date set for the bid opening. 3. Bid Openings: Bids shall be delivered to the Selectmen s Office for the Town of Sandown on or before the day set. Each bid shall be enclosed in a separate sealed envelope bearing the description of the bid. All bids will be opened by the Board of Selectmen. The Board of Selectmen may authorize a designee to open the bids. 4. Bid Corrections: After the bid opening, the bidder may not amend, correct, modify, or change in any fashion a bid which would be contradictory to the interests of the Town of Sandown or fair competition. The Board of Selectmen may waive minor informalities as long as the intent of the bid is not disturbed. 5. Bid Award: Bids meeting the specifications shall be reviewed by the Board of Selectmen and others as needed. A recommendation shall be made to the Board of Selectmen for approval. The Board of Selectmen shall award the contract to the successful bidder and be responsible for preparing Notice of Bid Awards and submitting same to the successful bidder as well as all other bidders. 6. Contractor Qualifications: To be determined responsible, a prospective contractor must: Have adequate financial resources to perform the contract, or the ability to obtain them Be able to comply with the required or proposed delivery or performance schedules Have a satisfactory performance record Have a proven record of integrity and business ethics Have the necessary organization, experience, technical skills, and support staff, or the ability to obtain them Have the necessary production, construction and repair equipment and parts required to fulfill the contract requirements. Provide at least three (3) business references including name, address and telephone number Page 2 of 10

7. Payment Terms: Provide proof of insurance with bid proposal and to name the Town of Sandown as a certificate holder and an additional insured by endorsement during the term of the contract Payments shall be made within 10-30 days of delivery and acceptance of contracted item(s) or upon receipt of a verified claim for payment, whichever is later. The claim for payment consists of the original delivery slip and a copy of the invoice/bill of sale executed. Contractor shall submit invoices to the specific ordering department. Each location shall be issued a separate account number for tracking purposes. No charge will be allowed for federal, state or excise taxes from which the Town is exempt. All prices/adders quoted will have any and all applicable fees built into them. 8. Inspection All items furnished shall be subject to the inspection of the Town, and unsuitable items may be rejected. Defective items shall be made good by the vendor in a manner satisfactory to the Town. 9. Damages: The Contractor shall be responsible for any damage to the Town s property caused by the Contractor s failure to deliver the product at the appointed times. It shall be the responsibility of the Contractor to clean fuel oil or gasoline spills and pay for damages occurring during delivery. Notification to the NH Department of Environmental Services and the Town is required immediately. If the spill is not cleaned immediately, the Town will cause the cleaning to be completed and back charge the Contractor. II. Specifications: The Town of Sandown, NH is soliciting sealed bids for the supply and deliver of #2 Heating Oil, Propane, Gasoline and Diesel Fuel to various Town departments. This document is intended to perform as a guide and any omission of any specific item or failure to mention any requirements specifically shall not relieve vendor from full and complete responsibility in furnishing a satisfactory fuel oil, propane, gasoline and diesel supply and delivery. Purpose: The purpose of this bid invitation is to provide the following: #2 heating oil metered automatic delivery and emergency deliveries to any location Propane metered automatic delivery and emergency deliveries to any location Gasoline - metered automatic delivery and emergency deliveries to any location Diesel - metered automatic delivery and emergency deliveries to any location Please note: Gasoline and Diesel must meet or exceed all EPA ultra low sulfur diesel fuel requirements. Price quoted must include all additives including winterized additives needed to safely and efficiently operate vehicles in the season and at the location supplied. Successful Bidder must be capable for providing product to all Town locations. The Bidder will be held responsible for maintaining product inventories at levels capable of supporting each and every location. Failure to provide the required product when requested as outlined would be considered an event of default under this bid and any subsequent contract. Page 3 of 10

The Town from time to time may eliminate or change the type of fuel at various buildings. Locations may be added or deleted from the contract at the discretion of the Town. If any locations run out of product due to failure of the contractor to deliver, the Town reserves the right to purchase on the market and reduce our commitment volume by the gallons purchased. BID PRICES: The bid has three options for pricing: 1) The Daily Low Spot Market pricing plus a fixed flat fee that should include all fees for services. The fixed differential shall remain firm for the term of the contract, and any extension thereof, and shall include all fees for service including but not limited to: margin, transportation, tank inspection and environmental fees. (Include any environmental fees in the differential). Price will be stated in dollars per gallon, to four decimal places, for the Contractor s margin and overhead. 2) A fixed price. The fixed price shall include all fees for service including but not limited to: margin, transportation, tank inspection and environmental fees. Without obligation to increase that percentage, please indicate on a separate piece of your stationery, how much more the Town can purchase over the percentage committed. The overage can be presented as a percent or number of gallons. The Town reserves the right to increase or decrease its percentage commitment on the day that the Fixed Futures is executed. The Town of Sandown shall notify the vendor when the Fixed Price Futures Program gallons commitment shall be purchased. The Town of Sandown shall indicate a starting date for the Fixed Price Futures Program price to start. Fuel ordered before the starting date will be priced according to Option 1, Daily Low Spot Market pricing. The Fixed Price Futures Program price will end when the contracted number of gallons has been delivered. Any remaining fuel deliveries will be priced according to Option 1. 3) A fixed price for the duration of the contract. The fixed price shall remain firm for the term of the contract, and any extension thereof, and shall include all fees for service including but not limited to: margin, transportation, tank inspection and environmental fees. (Include any environmental fees in the differential). Price will be stated in dollars per gallon, to four decimal places, for the Contractor s margin and overhead. COMMITTED GALLONS TO FIXED PRICE FUTURES PROGRAM: The Town will inform the vendor of how many gallons of heating oil, propane, gasoline and diesel it is committing to the Fixed Price Futures Program on the day that the Town informs the Vendor to lock on a futures price. The Town is required by contract to take delivery and pay for the number of gallons of product thus committed by September 30, 2019 for which the gallons were fixed. If the Town cannot take delivery of the full amount of fixed gallons by the end of the fiscal year, the Town will either pay the contractor his customary charge for storage of the remaining gallons, pre-pay the remaining gallons for delivery later without penalty or additional cost, or otherwise negotiate with the Contractor to end the commitment to remaining fixed price gallons. Should this situation arise, the Town will have sole discretion on which option to proceed with. Page 4 of 10

Contractor will consult and advise the Town on the best time to lock in the pricing; this will be an instant price that is mutually agreed to by the Town and the Contractor. The Town will also provide in writing by electronic transmission, that the Town wishes the Contractor to lock in futures pricing, at what price and the gallons commitment. START and END of FIXED PRICE: The Town will have the sole discretion as to when the Fixed Price under option 2, the Fixed Price Futures Program, goes into effect and will indicate a start date in the Buy Order email. The Town reserves the right to indicate a different effective start date for each product. The Town may purchase fuel/oil products off the Option 1, daily Low Spot Market Price before taking deliveries at the Fixed Price. Once the Town has notified the Contractor, to start the Fixed Price, the Town will be responsible for taking delivery of the total gallons of product that it committed to the Fixed Price Futures Program. Once the contracted amount of product is delivered under the Fixed Price Futures Program, the Town will buy at the Option 1, Daily Low Spot Market Price. DELIVERY: All oil and fuel products are to be delivered to the Town and shall conform to the United States Environmental Protection Agency and the State of New Hampshire s air pollution regulations. Contractor agrees to make deliveries to various sites in the appendices within 24 hours from time of notification, unless a specific time frame has been stated in appendices. If an emergency delivery is necessary, the Contractor shall make delivery within 2-4 hours of notification. Deliveries are to be made during normal work hours unless otherwise agreed to by the Town in writing, such as the case with the deliveries to the Highway Department. In the event that the Contractor delivers the wrong product or a product that does not meet specifications, the Contractor shall have the tank completely emptied, cleaned if necessary, and shall refill the tank with the specified product. The Town s Public Works Director shall be notified immediately at (603) 887-3484. The term of the contract for #2 heating oil, gasoline, diesel and propane shall be from October 1, 2018 until September 30, 2019. Town Contacts: Town of Sandown Lynne Blaisdell, Town Administrator 320 Main Street, PO Box 1756, Sandown, NH 03873 (603) 887-3646 - lblaisdell@sandown.us Page 5 of 10

INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) 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, employees or subcontractors. Contractor shall provide to the Town a statement showing certificates of insurance, identifying the Town as additional insured by endorsement, no less than 10 days after the signing of the contract. Contractor shall notify the Town within 5 days in the event of loss or change in coverage or conditions or amounts of coverage. Each policy of insurance must be issued by a financially secure insurer, duly licensed to do business in the State of New Hampshire and is reasonably acceptable to the Town. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Liability insurance for bodily injury in the amount of $1,000,000 per person, per occurrence. 2. Property Damage of at least $50,000 per occurrence 3. Errors and Omissions Insurance with a $1,000,000 combined single limit 4. Automobile insurance written with a Comprehensive Form including coverage for owned, hired and non-owned vehicles. The limit for any one accident will be $1,000,000. 5. Worker s Compensation as required by the State of New Hampshire. Additional requirement if hazardous materials involved: Contractor s Pollution Liability in the amount of $1,000,000 per occurrence and $2,000,000 policy aggregate Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Entity, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The Worker s Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the contractor, its employees, agents, and subcontractors. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. For further information, please contact the Sandown Selectmen s Office at (603) 887-3646. Page 6 of 10

BID SCHEDULE PROPOSAL FOR: HEATING OIL, PROPANE, GASOLINE & DIESEL FUEL - DELIVERIES The undersigned, as Bidder, hereby declares that before preparing this bid he/she carefully read the specifications and hereby agrees that if the proposal is accepted he/she will contract with the Town in accordance with the specifications, terms and conditions as spelled out in this Sealed Bid Invitation. NOTE: THE QUANTITIES LISTED IN THIS BID ARE ESTIMATES FOR ANNUAL USAGE AND NOT A GUARANTEE OF QUANTITIES TO BE PURCHASED. OPTION 1: DAILY SPOT MARKET PRICE Vendors Margin and Overhead above the price at the Irving terminal in Portsmouth, NH All prices listed below to include metered automatic delivery and emergency deliveries to any location Per Gallon to 4 decimal places No. 2 heating oil automatic (metered) $ Propane (metered) $ Gasoline delivery (metered) $ Diesel delivery (metered) $ Any additional fees or information associated needs to be noted Page 7 of 10

Bid Schedule (cont.) OPTION 2: FIXED PRICE FUTURES PROGRAM Vendors Margin and Overhead above the NYMEX for product All prices listed below to include metered automatic delivery and emergency deliveries to any location Per Gallon to 4 decimal places No. 2 heating oil automatic (metered) $ Propane (metered) $ Gasoline delivery (metered) $ Diesel delivery (metered) $ Any additional fees or information needs to be noted Page 8 of 10

Bid Schedule (cont.) OPTION 3: FIXED PRICE All prices listed below to include metered automatic delivery and emergency deliveries to any location Per Gallon to 4 decimal places No. 2 heating oil automatic (metered) $ Propane (metered) $ Gasoline delivery (metered) $ Diesel delivery (metered) $ Any additional fees or information needs to be noted The undersigned also acknowledges that all delivery sites have been inspected and will transport deliveries with or without extra hoses or pumps as doable. Signed and sealed this day of, 2018. Name of Bidder: Business Address: Telephone No.: Fax #: Email Address: Signed by: (Please print or type Name and Title) Page 9 of 10

SUPPLY OF #2 HEATING OIL, PROPANE, GASOLINE & DIESEL SPECIFICATION SHEET TOWN OF SANDOWN HEATING OIL: # OF APPROX. BUILDING(S) LOCATION BURNERS SIZE OF TANK(S) GALLONS Town Hall 320 Main Street 2 1,000 gal 2,712 gal Fire Department 314 Main Street 3 660 gal 1,994 gal Highway Garage 26 Depot Road 1 330 gal 571 gal Library 305 Main Street 1 550 gal 767 gal PROPANE: # OF APPROX. BUILDING(S) LOCATION BURNERS SIZE OF TANK(S) GALLONS Town Hall 320 Main Street stove/water heater only 120 gal 163 gal Town Hall 320 Main Street generator 120 gal New Fire Department 314 Main Street 1 500 gal 778 gal Fire Department 314 Main Street 1 120 gal 542 gal Angle Pond Fire Station 17 Main Street 1 120 gal 487 gal Recreation Building 25 Pheasant Run Dr 1 500 gal 728 gal Police Station 460 Main Street 2 1,000 gal 1,293 gal GASOLINE: APPROX. BUILDING(S) LOCATION SIZE OF TANK(S) GALLONS Fire Department 314 Main Street 300 gal 252 gal Highway Garage 26 Depot Road 550 gal 319 gal Police Department 26 Depot Road 550 gal 5,404 gal DIESEL: APPROX. BUILDING(S) LOCATION SIZE OF TANK(S) GALLONS Fire Department 314 Main Street 300 gal 544 gal Highway Garage 26 Depot Road 330 gal 2,830 gal Page 10 of 10