HomeMy WebLinkAboutItem 09 Approval to Purchase Petroleum Products through the Orange County Term Contract No. Y18-1124 for Motor Fuel on Tankwagon Deliveriesocoee
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AGENDA ITEM COVER SHEET
Meeting Date: August 17, 2021
Item #:
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager: Robert F
Subject: Term Contract for -Motor Fuel —Jan kWagon•Relived es ®:
Background Summary:
The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead agency in,
solicitations that can benefit multiple municipalities. The City previously approved utilizing this purchasing power
for petroleum products for tank wagon loads delivered to remote sites throughout the City. The contract for
providing the bulk transport load deliveries has been rebid and renewed through the same vendor. This change
in contracts requires Commission approval per the Purchasing Codes within the fiscal year which the new contract
is utilized. Public Works is requesting Commission approval to utilize the new contract with Palmdale Oil
Company, Inc. for as long as the contract remains valid.
Issue:
Request the City Commission approve the purchase of petroleum products through the existing Orange County
term contract via the Central Florida Purchasing Cooperative for tankwagon deliveries.
Recommendations:
Recommend the City Commission approve the purchase of petroleum products through the Orange County Term
Contract No. Y18-1124, Motor Fuel — Tankwagon Deliveries with Palmdale Oil Company, Inc. for as long as the
contract remains valid and up to the amounts incorporated into the budget.
Attachments:
Orange County Contract Y18-1124, Palmdale Oil Company, Inc.
Financial Impact:
The purchase of petroleum products is adequately funded through the fuel, oil and lubricant line items in the
budget
Type of Item: (please mark with an `k )
❑
Public Hearing
❑
Ordinance First Reading
❑
Ordinance Second Reading
❑
Resolution
®
Commission Approval
F;.or.Clerk's Debt.Use:::,:_:.:.
Consent At
ends'
Public -He nng
RegularAgenda
1
❑ Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
2
AMENDMENT NO. 2
TERM CONTRACT NO. Y18-1124-MV
MOTOR FUELS —TANK WAGON DELIVERIES
EFFECTIVE DATE: October 7, 2020
A. The referenced contract is hereby renewed as follows:
From October 7, 2020 through October 6, 2021.
B. All other prices, terms and conditions remain the same.
PALMDALE OIL COMPANY, INC.
/A/l/01//�
nature
Printed/Typed Name
r/WJ
Title
�/ &0e
Da e
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
Signature
Melisa Ver ara CPPB
Senior Contracting Agent
4/27/20
Date
AMENDMENT NO.. 1
TERM CONTRACT NO. Y1-8-1 124-MV
MOTOR FUELS — TANK WAGON DELIVERIES
. EFFECTIVE DATE: October 7, 2019
A. The referenced contract is hereby renewed as follows?
From October 7,2019 through. October 6,2020-
B. All other prices, terms and condition's retna,ih the same.
PAL/MD OIL COMPANY, INC.
ure
/y
CA fed / Ifo -/� I.-,
Printed/Typed-Name
112
Lne .5;a r4W
Title
Date
BOARD .OF COUNTY COMMSSIO.N.ERS
/ lANGE COUNTY, FLORIDA
ign—ature U
Melisa Vergara. C:PP8
Senior Rurchasing Agent
. �1(2119 -
Date
ORANGE COUNTY BOARD OF Procurement Division
COUNTY COMMISSIONERS
CONTRACT NO. Y18-1124 -MV
MOTOR FUELS — TANKWAGON DELIVERIES
This contract is not valid unless bilaterally executed. Subject to mutual agreement the
Orange County Board of County Commissioners hereby enters into a contract subject
to the following:
Ordering against Contract:
A. Unless otherwise specified in the Invitation for Bids, the County will place
orders by issuance of a numbered Delivery Order. against this contract.
Each Delivery Order will specify the quantity, description and location for
deliver.
B. Theobligations of Orange County under this contract are subject to need
and availability of funds lawfully appropriated for its purpose by the Board
of County Commissioners or. other funding source as specified in the
terms and conditions.
2. Taxes:
The County has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions under
Chapter 32, Internal Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C-
0.
3. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract number
and the Delivery Order to:
Orange County Fleet Management Division
4400 S. Vineland Rd.
Orlando Florida 32811
Phone (407) 836-8210
B. Invoices against this contract are authorized only at the prices stated in your bid
response, unless otherwise provided in the Invitation for Bids
Page 1
4. Counterpart (1):
Bidder's Irrevocable Offer and Acceptance
A. The Bidder hereby submits an irrevocable offer in response to Invitation
for Bids No. Y18-1124-MV, MOTOR FUELS — TANKWAGON
DELIVERIES - Term Contract, subject to all general terms and conditions
and special terms and conditions therein without exception.
B. All requirements contained in any addenda to the solicitation for this
procurement are part of and hereby incorporated into this contract.
alatliole, P"-/
(COMPANY NAME)
Lluvwelc l (Title)
DATE:
NOTICES: (Address)
(Address)
/2 S 7 Asa (City, State Zip)
72 Z 76 Zia (Phone)
7 ? L .s i(5 Email) ^�
5. Counterparts. This Agreement may be executed in two identical counterparts, all
of which shall be considered one and the same agreement and shall become
effective when both counterparts have been signed by each party and delivered to
the other party.
Counterpart (1) shall be executed by the bidder and included in the sealed bid
response.
Counterpart (2) may be executed by the County Procurement Division to formalize
Acceptance of Bidders Offer and Contract Award.
Page 2
6. Counterpart (2):
Orange County Board of County Commissioners Acceptance of Bidders Offer and
Contract Award
A. The County's acceptance of the Bidder's offer in response to our
Invitation for Bids No. Y18-1124, Motor Fuels — Tankwagon
Deliveries - Term Contract.
B. This contract is effective October 7, 2018, and shall remain in effect
through October 6, 2019.
C. The estimated contract award for the initial term of the contract is
$1,900,000.00
D. This is a term contract for the time period specified in the referenced
Invitation for Bids, for the products/services covered by this contract. The
County is not obligated to purchase any minimum amount of products or
services, unless otherwise stipulated in the Invitation for Bids. The bidder
is granted authorization to proceed to perform services upon receipt of
duly executed Delivery Order.
E. This contract may be renewed upon mutual agreement as provided in the
Invitation for Bids. Any amendments to this contract must be in writing
and signed by both parties. Such amendment(s) must be signed by the
representative of the Orange County Procurement Division to be valid,
binding, and enforceable.
D. This contract may be cancelled or terminated as provided for in the
Invitation for Bids.
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
BY:
Melisa Vergara, Senior Ourchasing Agent
Procurement Division
DATE: /n �,5 'ly
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2ND FLOOR
ORLANDO, FLORIDA 32801
(407) 836- 5635
Page 3
BID RESPONSE FORM
IFB #Y18-1124-MV
All charges including, but not limited to, drop charges, pump charges, split delivery
charges and/or minimum freight charges shall be included in the discount or mark-up from
the OPIS price. There are no, and shall not be, provisions for added charges. For bid
evaluation purposes the estimated annual usage for Orange County as specified in
"Delivery Schedule A" shall be utilized to determine the low bidder, items with no
estimated quantity shall be evaluated at a quantity of one (1) gallon.
CHECK INDICATOR BOX FOR FIXED DISCOUNT (-) OR MARK-UP(+) PRICE PER GALLON
THIS AMOUNT SHALL BE SUBTRACTED FROM OR ADDEDTO THE OPTS AVERAGE
PRICE(S) PER GALLON POSTED FOR THE TAFT TERMINAL
ITEM
NO. DESCRIPTION
87 Octane gasoline, as specified
2. 89 Octane gasoline, as specified
3. 93 Octane gasoline, as specified
4. Undyed Diesel fuel, as specified
5. Dyed Diesel fuel, as specified
$ , 1P�13 per gallon
Mark-up or ❑ Mark-down
$ , /AIJ per gallon
'Mark-up or ❑ Mark-down
$ jD7.3 per gallon
ji-Mark-up or ❑ Mark-down
$ per gallon
'Mark-up or ❑ Mark-down
$ per gallon
Mark-up or ❑ Mark-down
pa /m)o/& /)t-/ /11�, lq,�Vnll 6.
Company Nam
IMPORTANT NOTE: When completing your bid, do not attach any forms which may
contain terms and conditions that conflict with those listed in the County's bid
documents(s). Inclusion of additional terms and conditions such as those which
may be on your company's standard forms shall result in your bid being declared
non -responsive as these changes will be considered a counteroffer to the CountV'S
bid.
Delivery shall be not later than two (2) calendar days After Receipt of Order (ARO) per
Special Terms and Conditions.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Senior
Purchasing Agent, at Mel isa.Vergara(o)ocfl.net
Page 39
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name: Pa /a 4 A le, f%i DIM noU V -Z;16
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TINM ' ; 3 S'54�v D-U-N-S® # 0f/0�1
2,13 R-Q y 6zj1-4S-1-.
(Street No.
(CourKy)
P.O. Box Number) (Street Name)
Contact Person:
FlDli A
(State)
j�4e,h /,?07 gAN)P"A4
lCCd
(City)
(Zip Code)
Phone Number: szv 724 Div 2 Fax Number: Lf07
Email Address: A7,
ole"9i!
EMERGENCY CONTACT
Emergency Contact Person: ,1y11 Ultm eV
Telephone Number: VD7 g$l 77.4; % Cell Phone Number: 407 fG71' V
Residence Telephone Number:
ACKNOWLEDGEMENT OF ADDENDA
Email: i
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by
completing the blocks below or by completion of the applicable information on the
addendum and returning it not later than the date and time for receipt of the bid. Failure
to acknowledge an addendum that has a material impact on this solicitation may
negatively impact the responsiveness of your bid. Material impacts include but are not
limited to changes to specifications, scope of work/services, delivery time, performance
period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No Date_Date /
Addendum No. , Date / 1 //$
Page 40
Addendum No. A , Date 400/48
Addendum No. , Date
Cow
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate
and/or sign contracts and related documents to which the bidder will be duly bound.
Principal is defined as an employee, officer or other technical or professional in a position
capable of substantially influencing the development or outcome of an activity required to
perform the covered transaction.
Name
L4ckl'4i,
Title
%eahl/ Mv#vm 1/1v fm,s
ature
(Name of
Telephone Number/Email
�j 70Z 0�62 /-PeAa
72-2 Z
g/2a %S
(Date)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship Partnership Non -Profit
Joint Venture* Corporation
-e-vAot
-60^
State of Incorporation: 171d n'a
Principal Place of Business (Florida Statute Chapter 607): R. l,P,-Ge/5nco&e IzvIal,,A,
CitytCounty/Stc,fte
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA
DiVISION OF CORPORATIONS.
Federal I.D. number is:r�Z��s��ro
Joint venture firms must complete and submit with their Bid Response the form titled `Information for
Determining Joint Venture Eligibility", and a copy of the formal agreement between all joint venture
parties. This joint venture agreement must indicate the parties'respective roles, responsibilities and levels
of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain and
maintain all contractually required insurance in the name of the Joint Venture as required by the
Contract. Individual insurance in the name of the parties to the Joint venture will not be
accepted. Failure to timely submit the required form along with an attached written copy of the joint
venture agreement may result in disqualification of your Bid Response
Page 41
DRUG -FREE WORKPLACE FORM
The ndersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
r' of /� does:
Name of BLIsin6ss
Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the workplace and specifying the actions that will be taken against employees
for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, employee assistance programs and the penalties that
may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of Florida
Statute 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with
above requirements.
Bidder's Signature
e/Zo //S
Date
SCHEDULE OF SUBCONTRACTING, IFB NO. Y18-1124-MV
As specified in the General Terms and Conditions and in the Special Terms and Conditions, bidders are to present the details
of subcontractor participation.
Name Of Subcontractor
Address
Type of Work to
be Performed
Percent and dollar amount of
Contract Amount to be
Subcontracted
Company Name: P
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
OR
[ ] The undersigned bidder, by attachment to this form, submits information
which may be a potential conflict of interest due to other clients, contracts, or
property interest for this project.
LITIGATION STATEMENT
CHEJZK ONE
The undersigned bidder has had no litigation and/or judgments entered
against it by any local, state or federal entity and has had no litigation and/or
judgments entered against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments
entered by or against any local, state or federal entity, by any state or federal
court, during the past ten (10) years.
Pa a�e Pit AL4JRJ -r-,G-
CO Y AME
J$JT46RIZEtY SIGNATURE
140tJ d4MLAei*
NAME (PRINT OR TYPE)
AIV51h(
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid.
Likewise, failure to provide documentation of a possible conflict of interest, or a summary
of past litigation and/or judgments, may result in disqualification of your bid.
E VERIFICATION CERTIFICATION
Contract No.Y18-1124-MV
I hereby certify that I will utilize the U.S. Department of Homeland Security's E-Verify
system in accordance with the terms governing the use of the system to confirm the
employment eligibility of the individuals classified below. In accordance with s. 837.06,
Florida Statutes, I understand and acknowledge that whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his
or her official duties shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida statutes.
All persons, including subcontractors and their workforce, who will perform work under
Contract No.Y18-1124-MV, Motor Fuels — Tankwagon Deliveries, within the state of
Florida. -
NAME OF CONTRACTOR: l �lG'Q�� D� l &YV/
� -C
ADDRESS OF CONTRACTOR:`
AUTHORIZED SIGNATURE: �Wx"
TITLE: &5�1
DATE: Slzo !l o
August 1, 2018
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
IFB #Y18-1124-MV
MOTOR FUELS — TANKWAGON DELIVERIES
ADDENDUM NO. 1
The above Invitation for Bids is changed as follows:
1. The acceptance date has been changed as follows: Sealed bid offers will be
accepted up to 2:00 PM (local time), Tuesday, August 14, 2018.
2. A future addendum is forthcoming to address questions and answers related to
this Invitation for Bids.
All other specifications, terms and conditions remain the same
ACKNOWLEDGEMENT OF ADDENDA
A. The bidder shall acknowledge receipt of this addendum by completing the
applicable section in the solicitation or by completion of the acknowledgement
information on the addendum. Either form of acknowledgement must be
completed and returned not later than the date and time for receipt of the bid.
B. Receipt cknowledged by:
uthonzed Signer
A4.1 9v, Ij-
Title
Name of Bidder
IFB #Y18-1124-MV
Addendum No. 1
Page 1 of 1
y/1"olcs
Date Signed
August 10, 2018
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
IFB #Y18-1124-MV
MOTOR FUELS — TANKWAGON DELIVERIES
ADDENDUM NO.2
The above Invitation for Bids is changed as follows:
1. The acceptance date has been changed as follows: Sealed bid offers will be
accepted up to 2:00 PM (local time), Tuesday, August 21, 2018.
The following are questions and answers:
Question 1 — Can you please provide the average delivery amounts for each location?
Answer — The information is not available in a consistent format from division to division.
The information available today is attached hereto as Exhibit 1 for Utilities usage, Exhibit 2
for Fleet Management, Exhibit 3 for Fire Rescue, Exhibits 4 and 5 for Convention Center.
Note: The report for Fire Rescue is weekly, not annual.
Question 2 — Can you please provide the annual amounts of each product at each
location?
Answer— Each division tracks their information separately. See attached Exhibits 1-5.
Question 3 —Who is the incumbent?
Answer — The current contractor is Quick Fuel Fleet Services, LLC.
Question 4 — May I have a copy of the current contract?
Answer — Below is the link to the current contract Y16-1081-MV.
http://apps.ocfl.net/OrangeBids/Termcontracts/listtermcontract.asp?ID=117941 &CT=appli
cation/pdf& FN=Y16-1081. pdf
Question 5 - May I have a copy of the last bid tabs?
Answer — See attachment 1 in this Addendum.
Question 6 — Fuel Deliver for County Vehicles with Bar Codes, how often do you or have
required this service? What is the after hour time window and days required? Can there
be separate pricing mark up for this?
Answer — We have no need for this at this time, but want to have it available if needed.
Previously on -site fueling was for approximately 15 class 7-8 trucks (diesel) and was done
outside of that customer's normal work day (6:OOam — 6:OOpm). We made the vehicles
available between 6:OOpm — 6:OOam, but the previous vendor choose to do it in the early
morning (before 5:OOam).
IFB #Y18-1124-MV
Addendum No. 2
Page 1 of 2
Question 7 — The bid requires OPIS weekly pricing. Will you consider OPTS daily or day
of delivery?
Answer — No. OPIS weekly pricing only.
Question 8 — What is the average delivery size or can we look at random samples of
invoices over the past few months to get an idea of the typical sizes of these deliveries?
Answer — Delivery Size can range from 50 gallons up.
Question 9 - Can we look at the tank sizes and delivery locations for this bid?
Answer — See Delivery Schedule A on the solicitation.
Question 10 - What was the total volume for this contract last year by product?
Answer — Total expended amount from 9/1/17 to -date is $2,102,906.48. The by-product
figures are not available in our system.
Question 11 — Is the driver required to be escorted at all Fire Stations?
Answer — Yes, the driver is required to be escorted at all Fire Stations.
All other specifications, terms and conditions remain the same.
ACKNOWLEDGEMENT OF ADDENDA
A. The bidder shall acknowledge receipt of this addendum by completing the applicable
section in the solicitation or by completion of the acknowledgement information on
the addendum. Either form of acknowledgement must be completed and returned
not later than the date and time for receipt of the bid.
B. Receipt acknowledged by:
y /�
on ed Sig er
P-11V51A444
title (l�//nn
14964 O
Name of Bidder
IFB #Y18-1124-MV
Addendum No. 2
Page 2 of 2
g 12�0lle
Date Signed
August 14, 2018
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
INVITATION FOR BID (IFB) Y18-1124-MV; ADDENDUM # 3
MOTOR FUELS — TANKWAGON DELIVERIES
This Addendum is hereby incorporated into the bid documents of the project referenced
above. The following items are clarifications, corrections, additions, deletions, and/or
revisions to and shall take precedence over the original documents. Additions are
indicated by underlining and deletions via stdkethreugI4.
A. The Bid Opening Date remains August 21, 2018 at 2:OOPM.
B. Page 22, SPECIAL TERMS AND CONDITIONS, BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of one hundred -twenty (120) einety
(99) days from the bid opening date or until the date of award. In the event that an award
is not made by the County within one hundred -twenty (120) ninety (90) days from the bid
opening date, the Bidder may withdraw their bid or provide a written extension of their bid.
C. ACKNOWLEDGEMENT OF ADDENDA
a. The bidder shall acknowledge receipt of this addendum by completing that
applicable section in the solicitation or by completion of the
acknowledgement information on the addendum. Either form of
acknowledgement must be completed and returned no later than the date
and time for receipt of the bid.
b. All other terms and conditions of the IFB remain the same.
c. ReceVt #gowle a by:
J/ N&
ho ed Signature Date
Title
P4
Name of Firm
Y18-1124-MV; Addendum # 3 Page 1 of 1
August 14, 2018
August 14, 2018
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
INVITATION FOR BID (IFB) Y18-1124-MV; ADDENDUM # 3
MOTOR FUELS — TANKWAGON DELIVERIES
This Addendum is hereby incorporated into the bid documents of the project referenced
above. The following items are clarifications, corrections, additions, deletions, and/or
revisions to and shall take precedence over the original documents. Additions are
indicated by underlining and deletions via trikethm gh.
A. The Bid Opening Date remains August 21, 2018 at 2:OOPM.
B. Page 22, SPECIAL TERMS AND CONDITIONS, BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of one hundred -twenty (120) nib
kW days from the bid opening date or until the date of award. In the event that an award
is not made by the County within one hundred -twenty (120) y (90) days from the bid
opening date, the Bidder may withdraw their bid or provide a written extension of their bid.
C. ACKNOWLEDGEMENT OF ADDENDA
a. The bidder shall acknowledge receipt of this addendum by completing that
applicable section in the solicitation or by completion of the
acknowledgement information on the addendum. Either form of
acknowledgement must be completed and returned no later than the date
and time for receipt of the bid.
b. All other terms and conditions of the IFB remain the same.
c. Receipt acknowledge by:
Authorized Signature Date
Title
Name of Firm
Y18-1124-MV; Addendum # 3 Page 1 of 1
August 14, 2018
August 10, 2018
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
IFB #Y18-1124-MV
MOTOR FUELS — TANKWAGON DELIVERIES
ADDENDUM NO. 2
The above Invitation for Bids is changed as follows:
The acceptance date has been changed as follows: Sealed bid offers will be
accepted up to 2:00 PM (local time), Tuesday, August 21, 2018.
The following are questions and answers:
Question 1 — Can you please provide the average delivery amounts for each location?
Answer — The information is not available in a consistent format from division to division.
The information available today is attached hereto as Exhibit 1 for Utilities usage, Exhibit 2
for Fleet Management, Exhibit 3 for Fire Rescue, Exhibits 4 and 5 for Convention Center.
Note: The report for Fire Rescue is weekly, not annual.
Question 2 — Can you please provide the annual amounts of each product at each
location?
Answer— Each division tracks their information separately. See attached Exhibits 1-5.
Question 3 — Who is the incumbent?
Answer — The current contractor is Quick Fuel Fleet Services, LLC.
Question 4 — May I have a copy of the current contract?
Answer — Below is the link to the current contract Y16-1081-MV.
http://apps.ocfl.net/OrangeBids/Termcontracts/listtermcontract.asp?ID=117941 &CT=appli
cation/pdf&FN=Y16-1081.pdf
Question 5 - May I have a copy of the last bid tabs?
Answer — See attachment 1 in this Addendum.
Question 6 — Fuel Deliver for County Vehicles with Bar Codes, how often do you or have
required this service? What is the after hour time window and days required? Can there
be separate pricing mark up for this?
Answer — We have no need for this at this time, but want to have it available if needed.
Previously on -site fueling was for approximately 15 class 7-8 trucks (diesel) and was done
outside of that customer's normal work day (6:00am — 6:00pm). We made the vehicles
available between 6:00pm — 6:00am, but the previous vendor choose to do it in the early
morning (before 5:00am).
IFB #Y18-1124-MV
Addendum No. 2
Page 1 of 2
Question 7 — The bid requires OPIS weekly pricing. Will you consider OPIS daily or day
of delivery?
Answer — No. OPIS weekly pricing only.
Question 8 — What is the average delivery size or can we look at random samples of
invoices over the past few months to get an idea of the typical sizes of these deliveries?
Answer — Delivery Size can range from 50 gallons up.
Question 9 - Can we look at the tank sizes and delivery locations for this bid?
Answer — See Delivery Schedule A on the solicitation.
Question 10 - What was the total volume for this contract last year by product?
Answer — Total expended amount from 9/1/17 to -date is $2,102,906.48. The by-product
figures are not available in our system.
Question 11 — Is the driver required to be escorted at all Fire Stations?
Answer — Yes, the driver is required to be escorted at all Fire Stations.
All other specifications, terms and conditions remain the same.
ACKNOWLEDGEMENT OF ADDENDA
A. The bidder shall acknowledge receipt of this addendum by completing the applicable
section in the solicitation or by completion of the acknowledgement information on
the addendum. Either form of acknowledgement must be completed and returned
not later than the date and time for receipt of the bid.
B. Receipt acknowledged by:
Authorized Signer
Title
Name of Bidder
IFB #Y18-1124-MV
Addendum No. 2
Page 2 of 2
Date Signed
ATTACHMENT I
BID TABULATION Y16-1081-MR
MOTOR FUELS - TANK WAGON DELIVERIES
OPEN
6/30/16
Y16-1081 MOTOR FUEL TANKWAGON
DELIVERIES
ATLAS OIL
LYNCH OIL COMPANY INC.
DES Wholesale, LLC dba
Diversified Energy Supply
ITEM #
DESCRIPTION
Usage in
Gallons
UNIT
PRICE
ESTIMATED TOTAL
UNIT
PRICE
ESTIMATED
TOTAL
UNIT
PRICE
ESTIMATED TOTAL
1
87 Octane Gasoline, 7,000 gallons
47,400
$0.1350
$6,399.0000
$0.1395
$6,612.3000
$0.2000
$9,480.0000
2
89 Octane Gasoline 7,000 gallons
1
$0.1350
$0.1350
$0.13951
$0.1395
$0.2000
$0.2000
3
93 Octane Gasoline, 7000 gallons
1
$0.1350
$0.1350
$0.1395
$0.1395
$0.2000
$0.2000
4
Diesel Fuel, 7,000 gallons
1
$0.1350
$0.1350
$0.1395
$0.1395
$0.2000
$0.2000
F5
Dyed Diesel Fuel, 7,000 gallons
525,600
$0.1350
$70,956.0000
$0.1395
$73,321.2000
$0.2000
$105,120.0000
ALLBIDS'ARE MARKUP FROM OPIS AVERAGE
$77,355.4050
$79,933.9185
$114,600.6000
ORANGE COUNTY UTILITIES
EXHIBIT 1
OCU Annual Contract Fuel Qty./$
# of
Location
Delivery Address
Item No.
Deliveries
Consery II
17498 McKinney Road, Winter Garden, FL 34787
4
87 Octane Gas (1)
Consery II
17498 McKinney Road, Winter Garden, FL 34787
4
Dyed Diesel (5)
SWRF
4760 W Sand Lake Road, Orlando, FL 32819
4
87 Octane Gas (1)
SWRF
4760 W Sand Lake Road, Orlando, FL 32819
3
Dyed Diesel (5)
NWRF
701 W McCormick Road, Apopka, FL 32703
2
87 Octane Gas (1)
NWRF
701 W McCormick Road, Apopka, FL 32703
2
Dyed Diesel (5)
Water
2552 Lakeville Road, Apopka, FL 32703
1
87 Octane Gas (1)
Water
7790 Conroy Windermere Road, Orlando, FL 32819
1
87 Octane Gas (1)
Water
4790 Conroy Windermere Road, Orlando, FL 32819
2
87 Octane Gas (1)
Water
9100 Curry Road Road, Orlando, FL 32825
1
87 Octane Gas (1)
Water
226 Dorscher Road, Orlando, FL 32835
1
87 Octane Gas (1)
Water
13000 S. Orange Avenue, Orlando, FL 32824
1
87 Octane Gas (1)
Water
2552 Lakeville Road, Apopka, FL 32703
1
Dyed Diesel (5)
Water
226 Dorscher Road, Orlando, FL 32835
1
Dyed Diesel (5)
Water
9100 Curry Road Road, Orlando, FL 32825
1
Dyed Diesel (5)
Water
5143 Spring Run Avenue, Orlando, FL 32819
2
Dyed Diesel (5)
Water
2021 Apopka Vineland Road, Orlando, FL 32835
1
Dyed Diesel (5)
Water
13815 Bridgewater Crossing Blvd., Windermere, FL 34786
1
Dyed Diesel (5)
Water
60 Grand Cypress Blvd., Orlando, FL 32836
1
Dyed Diesel (5)
Water
8973 Meadow Creek Road, Orlando, FL
1
Dyed Diesel (5)
Water
5707 Sea Splash Way, Orlando, FL 32821
1
Dyed Diesel (5)
Water
14000 Waterplant Drive, 32837
1
Dyed Diesel (5)
Water
13000 S. Orange Avenue, Orlando, FL 32824
1
Dyed Diesel (5)
Water
9665 Lake Underhill Road, Orlando, FL 32825
1
Dyed Diesel (5)
Building Operations
8100 Presidents Drive, Orlando, FL
1
Dyed Diesel (5)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando; FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
87 Octane Gas (1)
Solid Waste
1326 Good Homes Road, Orlando, FL 32818
1
87 Octane Gas (1)
Solid Waste
1326 Good Homes Road, Orlando, FL 32818
1
87 Octane Gas (1)
Solid Waste
1326 Good Homes Road, Orlando, FL 32818
1
87 Octane Gas (1)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
Dyed Diesel (5)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
Dyed Diesel (5)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
Dyed Diesel (5)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
Dyed Diesel (5)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
Dyed Diesel (5)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
Dyed Diesel (5)
Solid Waste
12100 Young Pine Road, Orlando, FL 32829
1
Dyed Diesel (5)
EXHIBIT 2 - FLEET MANAGEMENT - PARKS AND RECREATION SITES ONLY
Fleet Management (Parks and Recreation sites)
Tank Capacity
Location Deliveries
In Gallons
Fuel
6350 Wadsworth Rd., Mt. Dora, FL
OC Fleet
500
87 Octane
2451 N. Dean Rd., Orlando, FL
OC Fleet
60
Dyed Diesel
3535 Damon Rd., Orlando, FL
OC Fleet
120
Dyed Diesel
400 E. Kelly Park Rd., Apopka, FL .
OC Fleet
60
Dyed Diesel
12901 Moss Park Rd., Orlando, FL
OC Fleet
120
Dyed Diesel
11800 S. Orange Ave., Orlando, FL
OC Fleet
60
Dyed Diesel
These above locations are for Parks & Recreation sites only. Emergency
Generators (approximately 200 units) can vary widely based on run-time.
EXHIBIT 3
Orange County Fire Rescue
Fuel Locations
Fuel is Delivered Weekly - Fuel Tanks are topped off upon arrival to deliver fuel, not to exceed the tank capacity
A Delivery Order is issued weekly by OC Fire - coinciding with the weekly
DIESEL
Re uested S oradicall - When Necessa
DELIVERED - WEEKLY
Tank
Ca aci
7200
450
Sta. No.
HQ
27
30
2250
DELIVERED - WEEKLY
31
450
DELIVERED - WEEKLY
33
450
DELIVERED -WEEKLY
34
450
DELIVERED - WEEKLY
35
450
DELIVERED - WEEKLY
36
2250
DELIVERED - WEEKLY
37
450
DELIVERED - WEEKLY
40
450
DELIVERED - WEEKLY
41
2250
DELIVERED - WEEKLY
42
2250
DELIVERED - WEEKLY
43
450
DELIVERED - WEEKLY
50
2250
DELIVERED - WEEKLY
51
450
DELIVERED - WEEKLY
52
450
DELIVERED - WEEKLY
53
9001
DELIVERED - WEEKLY
54
900
DELIVERED - WEEKLY
56
450
DELIVERED - WEEKLY
58
450
DELIVERED - WEEKLY
65
450
DELIVERED - WEEKLY
70
450
DELIVERED - WEEKLY
71
900
DELIVERED - WEEKLY
72
2250
DELIVERED - WEEKLY
77
450
DELIVERED - WEEKLY
80
500
DELIVERED - WEEKLY
81
450
DELIVERED - WEEKLY
83
2000
DELIVERED - WEEKLY
84
450
DELIVERED - WEEKLY
86
450
DELIVERED - WEEKLY
Fire Stations Locations 1- 7 Batt's.
BATT 1 -STATIONS j
20 - 3200 N Washington, Zellwood 32798
27 - 2248 Novella Eliza Ln, Apopka 32712
2a - 3250 Clarcona Road, Apopka 32703
29 - 225 E Kelly Park Rd, Apopka 32712
40 - 5570 Beggs Rd, Orlando 32810
41 - 4412 Fairview Ave, Orlando 32804
(BATT2-STAT16NST� _'t
33 -1700 S. Apopka Vinelando Rd, Orlando 32835
42 - 5420 Silver Star Rd., Orlando 32808
43 - 2700 N. Apopka Vineland Rd. Orlando, 32818
52 - 4765 W. Sand Lake Rd. Orlando 32819
jBATT'3 - STATIONS 1
54 - 6500 Central FL Pkwy, Orlando 32821
55 - 801 Greenway Professional Center, Orlando 32824
57 - 6014 Destination Pkwy, Orlando 32819
58 - 2900 Deerfield Blvd, Orlando 32837
76 - 11361 S Narcossee Rd, Orlando 32827
77 -11501 Moss Park Rd. Orlando 32832
IOCFRD_HQ ,
HQ - 6590 Amory Court, WP 32792
DART - 6350 Wadsworth Rd. Mt. Dora, 32757
BATT 4 - STATIONS
50 - 1415 29th St. Orlando 32805
51 - 1700 W. Oak Ridge Rd, Orlando 32809
53 -1270 LaQuinta Dr. Orlando 32809
70 - 1027 E. Wallace St. Orlando 32809
72 - 3705 S. Conway Rd, Orlando 32812
73 - 811 1st Street. Taft 32824
RBATT 5 - STATIONS_
71 - 4405 St. Florian Wy, Orlando 32822
81 - 901 S. Econlockhatchee Tr. Orlando 32825
83 -11950 E. Lake Underhill Dr, Orlando 32825
85 -13801 Townsend Drive, Orlando 32828
65 - 4999 N. Orion Blvd. Orlando 32816
67 -10679 University Blvd, Orlando, FL 32817
80 -1841 Bonneville Dr. Orlando 32826
82 - 500 N Story Partin Rd, Orlando 32833
84 -1221 N. Ft. Christmas Rd Orlando 32709
86 - 3202 Babbitt Ave, Orlando 32833
BATT 7 -.STATIONS
32 -14932 E Orange Lake Blvd, Kissimmee 34747
34 .4000 Winter Garden Vineland Rd,Winter Garden 34787
35 - 7435 Winter Garden Vineland Rd Orlando 34786
36 - 12252 Winter Garden Vineland Orlando 32836
37 - 540 E. Oakland Ave, Oakland 34760
56 -13303 S. International Dr. Orlando 32821
1 * I
Orange County Convention Center Generator Inventory -2016 August 4
Diesel
Bldg
Area
Support
KW Standby
KVA
Day Tank
Diesel External
#
Name
Location
Supported
Supported
Type
Make
Model
Serial
Frame
RPM
Amps
KW
Voltage
Ambient
PH
Rating
Rating
Mfg Date
(gals)
Tank
10,000 gallons
above ground
tank shared by
North -South
Entire N-S+
all four (4)
1
Generator 1
Remote Bldg
Bldg
Remote
Full power
Cummins
1SOODFLE-2419
D02035411S
N/A
1800
86.8
1500
12,470
78 degree
3
1500
1875
April 2002
100
generators
North -South
Entire N-S+
2
Generator 2
Remote Bldg
Bldg
Remote
Full power
Cummins
1500DFLE-2419
D020354116
N/A
18001
86.81
1500
12,470
78 degree
3 1
1500
18751
April 2002
100
North -South
EntireN-S+
3
jGenerator3
Remote Bldg
Bldg
Remote
Full power
Cummins
ISOODFLE-2419
D020354117
N/A
1800
86.8
1500
12,470
78 degree
3
1500
1875
April 2002
100
North -South
Entire N-S+
4
Generator 4
Remote Bldg
Bldg
Remote
Full power
Cummins
1500DFLE-2419
D020354118
N/A
1800
86.8
1500
12,470
78 degree
3
1500
1875
April 2002
100
OCTV Master
5
Orange TV
Remote Bldg
Remote Bldg
Orange TV
Controls
Detroit Diesel
20DSEJB
2096536
71
26
480
3
26
33
Apri120061
77
5,000 gallons
Phase IV: Hall
above ground
A, Concourse
tank shared by
A, Meeting
Generator 1 & 2
rooms W201-
Emergency
6
Generator 1
Dock 13
West Bldg
205
Power
Caterpillar
3516
825Z04364
805
1815
2160
1750
484
78 degree
3
N/A
2187
300
Phase IV: Hall
A, Concourse
A, Meeting
-
rooms W201-
Emergency
7
Generator 2
Dock it
West Bldg
205
Power
Caterpillar
3516
25Z04190
805
1817
1753
1400
483
79 degree
3
17SO
300
Emergency
1500ROZD liquid
8
Generator 3
Dock 10
West Bldg
Phase III
Power
Detroit Diesel
Cool
16E001218-0
743
1800
2200
1520
277/480
65 degree
3
1500/0.8
1875
500
Emergency
1500ROZD liquid
9
PH3 Generator
Dock 7
West Bldg
Phase III: Halls
Power
Detroit Diesel
Cool
16EO01218-1
743
1800
2200
1520
277/480
65 degree
3
1500/0.8
1875
Soo
Phase I: Hall
Emergency
10
Generator 5
Bldg 12
West Bldg
D, W220-225
Power
Generac
11877280200
1800
600
400
277/480
40 degree
3
400
SOO
May 2010
500
Phase 2
B; F Halls,
Generator
Phase II
Emergency
September
11
16enerator6
Room
West Bldg.
Tangerine Ball
Power'
Kohler
I. 40OREOZJBI
SGM32C2JH
433
_ IWO
6001
405
277/480
40 degree
3
4051
506
2014
1 150
EXHIBIT 4
Orange County Convention Center Generator Inventory -2016 August 4
Diesel
Bldg
Area
Support
KW Standby
KVA
Day Tank
Diesel External
#
Name
Location
Supported
Supported
Type
Make
Model
Serial
Frame
RPM
Amps
KW
Voltage
Ambient
PH
Rating
Rating
Mfg Date
(gals)
Tank
Phase IIA
Public
25 Gallons on
Concourse
roof
east of room
Phase 2A
W224 east of
Emergency
December
12
Generator 7
Roof
West Bldg
Hall D
Power
Cummins
334HC4AL/2A
NTA855-G2
433
1800
451
300
277/480
N/A
3
300
375
1989
500
3227
EXHIBIT 5 - ORANGE COUNTY CONVENTION CENTER
QUICKFUEL
4 * FOCUSED. FLEXIBLE. FORWARD_
Customer Truck by Truck
Customer:
ORANGE COUNTY BCC FLORIDA
Cust. Number:
585213
Stop:
OCCC BLDG 12
Branch:
ORLANDO T3
Start:
1 /1 /2017
End:
12/31 /2017
Run:
6/20/2018 10:24:25 AM
------------
- -- ------ -- ---- - - ----
■.IN I
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Win
DOCK 7
;5/4/2017
300 - #2 ULSD DYED_ ;�
_ 0.00
_ u 185.1
1.82475
337.76
DOCK 7
_
7/26/2017
1300 - #2 ULSD DYED I
0.001
189.8;
1.80605
342.79 '
DOCK 7
8/31/2017
;300 - #2 ULSD DYED i
0.00
134.7:
1.89075'
254.6_8;
K7
;DOCK 7
_ __
19/24/2017
_.__..
2 - #2 ULSD CLEAR
_ - -- ` 0.00'��
146.4;
2.45495
359.40
DOCK 7
�11/29/2017
300 -#2 ULSD DYED j
0.001
101.0
2.188951
221.08i
;Truck DOCK 7
1300 -#2 ULSD DYED !
1
`
s
757.0
1
2.002261
1,515.71;
GEN
13/10/2017
.300 - #2 ULSD DYED i
0.00;
183.1;
1.899651
347.831,
'Truck GEN
�300 - #2 ULSD DYED 1
I
183.1 i
1.89965;
347.83
sGEN 3
3/10/2017_
;300 -#2 ULSD DYED ;
0.M
18.1':
1.89965
34.38
GEN 3
14/6/2017
1,300 - #2 ULSD DYED i
0.00'
70.9;
1.83085'
129.81 `
GEN_ 3
7/26/2017
300^ #2 ULSD DYED
0. 00
106.3
1.80605
191.981
:GEN 3 � _
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"11/29/2017
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83.4i
2.188951
182.56!
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'300 - #2 ULSD DYED
'
278.71
1.933011
538.73'
'GEN 5�� 4/6/2017 `��i300-#2 ULSD DYED
.GEN 5 17/26/2017 ;300-#2 ULSD DYED
3 V.VVE JIV.J. I.VJJVJ: VVJ.VT
---_.0.00,~-._--752.3'T M�-1.830851,377.35;
0.00, 169.3i 1.80605; 305.76;
C�tNL
IU/LU"I /
j0UU -?FZ ULJU UYtU
U.uu_�
1.MRj00
Lyz)./0;
:GEN2
14/6/2017
300 -#2 ULSD DYED '.
0.00'
151.0'
1.83085;
276.46(
;_GEN2
:5/4/2017
1_300 - #2 ULSD DYED
0.00;
188.7_:
1.8247_5
344.33;
_
: GEN2
W26/2017 _
1300 - #2 ULSD DYED
j
_ 0.00;
_ 266.4'�
1.80605
481.13
GEN2
8/31/2017
300 -#2 ULSD DYED
0.00
62.3°
1.89075.
117.79;
(GEN2
i11/29/2017
'300 -#2 ULSD DYED
0.00.
294.E
2.18895;
644.86;
Truck GEN2
i300 - #2 ULSD DYED
!
1,118.7
1.931131
2,160.35
;TRAILERS
0.00`79.4°�.� 1.830851 145.37
0.00; 98.41 1.80605! 177.72i
a I I Q goG:�.....�..d.�.....A 9 Q FQ
i
1.83085;
231.421
1.824751
2,020.181
1.89075. «~
1,896.041,
2. 88895;
�11,463.53
C 0 A A A71
1
of
2
REEFER 19/27/2017 h2 - #2 ULSD CLEAR 0.001 362.0 2.45495 888.69
TRAILERS
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iTRAILERS
I
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12 - #2 ULSD CLEAR
iiI
762.1 j
j
2.440201
1,859.681
RENTAL 19/29/2017
:GENERATOR
1356
12 - #2 ULSD CLEAR
1
0.00
j
83.4'
2.45495;
204.74
Truck RENTAL GENERATOR 12 - #2 ULSD CLEAR
'356
I
j
83.41
2.454951
204.74
ITANK
13/10/2017
1300 - #2 ULSD DYED
0.001
34.11
1.89965;
64.781
�TANK _
!TANK
17/26/2017 _ l300 -#2 ULSD DYED4
111/29/2017 ��300 - #2 ULSD DYED �i
_ _
� 0.00
0.001
39.71 -�
16.7
1.806051 M� 71.
2.18895; 36.56
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1
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►
1
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90.5'
1.91204
�
173.041
1
1TANK2
TANK2
13/10/2017
14/6/2017
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500 - #2 ULSD DYED
i
0.00;
( 0.00;
206.7
19.8
1.89965L
1.83085;
392.6L611
36.25a
LTANK2
;TANK2
17/26/20171300 - #2 ULSD DYED
i11/29/2017 1.300-#2 ULSD DYED 1
i
�- 0 OO1
�0.00
130.1
76.41
1.806051.
2.188951
234.97
167.241,
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433.01
1.919451;
831.12;
•
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2
of
2
August 1, 2018
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
IFB #Y18-1124-MV
MOTOR FUELS — TANKWAGON DELIVERIES
ADDENDUM NO. 1
The above Invitation for Bids is changed as follows:
1. The acceptance date has been changed as follows: Sealed bid offers will be
accepted up to 2:00 PM (local time), Tuesday, August 14, 2018.
2. A future addendum is forthcoming to address questions and answers related to
this Invitation for Bids.
All other specifications, terms and conditions remain the same
ACKNOWLEDGEMENT OF ADDENDA
A. The bidder shall acknowledge receipt of this addendum by completing the
applicable section in the solicitation or by completion of the acknowledgement
information on the addendum. Either form of acknowledgement must be
completed and returned not later than the date and time for receipt of the bid.
B. Receipt acknowledged by:
Authorized Signer
Title
Name of Bidder
IFB #Y18-1124-MV
Addendum No. 1
Page 1 of 1
Date Signed
ORANGE COUNTY BOARD OF
COUNTY COMMISSIONERS
Issue Date: July 13, 2018
)I
PROCUREMENT DIVISION
NOTICE IS -HEREBY GIVEN that the Board of County Commissioners of Orange County,
Florida, henceforth referred to as the County is accepting sealed bids for:
INVITATION FOR BIDS #Y18-1124-MV
MOTOR FUEL - TANKWAGON DELIVERIES
TERM CONTRACT
Copies of the Invitation for Bids (IFB) documents may be obtained from the Orange
County Procurement Division at the below address. Copies maybe requested by phoning
(407) 836-5635 or by download from the Internet at:
http://apps.ocfl.net/orangebids/bidopen.asp
BID SUBMISSION DUE DATE:
Sealed bid offers in an original and three (3) copies for furnishing the above will be
accepted up to 2:00 PM (local time), Tuesday, August 7, 2018, in the Procurement
Division, Internal Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, FL
32801.
NOTICE TO BIDDERS:
To ensure that your bid is responsive, you are urged to request clarification or guidance
on any issues involving this solicitation before submission of your response. Your point -
of -contact for this solicitation is Melisa Vergara, Senior Purchasing Agent at
Melisa.Vergara _ocfl.net.
QUESTIONS:
All questions or concerns regarding this Invitation for Bids shall be submitted by email to
Melisa.Vergara(a-)ocfl.net, no later than 5:00 PM Monday, July 23, 2018 to the attention
of Melisa Vergara, Procurement Division, referencing the IFB number.
Page 1
TABLE OF CONTENTS
DESCRIPTION
PAGE
SECTION 1:GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS 4-20
SECTION 2: SPECIAL TERMS AND CONDITIONS
SPECIAL TERMS AND CONDITIONS 22-32
SECTION 3: SPECIFICATIONS/SCOPE OF SERVICES
SPECIFICATIONS/SCOPE OF SERVICES 34
SECTION 4: BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
- QUALIFICATION OF BIDDERS (BID PACKAGE REQUIREMENTS) 37-38
- BID RESPONSE FORM 39
- EMERGENCY CONTACTS 40
- ACKNOWLEDGEMENT OF ADDENDA 40
- AUTHORIZED SIGNATORIES/NEGOTIATORS 41
- REFERENCES 42-43
- DRUG -FREE WORKPLACE FORM
- SCHEDULE OF SUBCONTRACTING FORM
- CONFLICT/NON-CONFLICT OF INTEREST FORM
- E-VERIFICATION CERTIFICATION
- RELATIONSHIP DISCLOSURE FORM
- RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS
(FAQ)
- ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
- EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ) 4
- AGENT AUTHORIZATION FORM
- LEASED EMPLOYEE AFFIDAVIT
- CERTIFICATION REGARDING LOBBYING FOR CONTRACTS
- AFFIDAVIT OF COMPLIANCE WITH 2 CFR §200.321 (OR 45 C.F.R. §75.330
FOR HEALTH AND HUMAN SERVICES FUNDS)
- INFORMATION FOR DETERMING JOINT VENTURE ELIGIBILITY
- CONTRACT
- ATTACHMENT: DELIVERY SCHEDULE A
Page 2
SECTION 1
GENERAL TERMS AND CONDITIONS
Page 3
GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
These specifications constitute the complete set of requirements and bid forms.
The bid response page(s), and all forms listed on the bid response page(s) shall
be completed, signed, and sealed in an envelope bearing the bid number on the
outside and mailed or presented to the Procurement Division on or before the
specified time and date. Failure to comply with the preceding requirements
shall result in the rejection of the bid.
Bids submitted by e-mail, telephone or fax shall not be accepted. An e-
mailed or a faxed bid shall be rejected as non -responsive regardless of
where it is received.
It is the sole responsibility of the Bidder to ensure that their bid reaches the
Procurement Division. All bids, unless otherwise specified, must be delivered to
the following address no later than the time and date specified in the solicitation:
Procurement Division
Internal Operations Centre II
400 E. South Street, 2nd Floor
Orlando, FL 32801
Bidders are cautioned that they are responsible for delivery to the specific location
cited above. Therefore, if your bid is delivered by an express mail carrier or by any
other means, it is your responsibility to ensure delivery to the above address. This
office will not be responsible for deliveries made to any place other than the
specified address.
The County shall not be responsible for delays caused by any occurrence.
The time/date stamp clock located in the Procurement Division shall serve
as the official authority to determine lateness of any bid. The bid time shall
be scrupulously observed. Under no circumstances shall bids delivered
after the time specified be considered. Late bids will be returned to the
Bidder unopened. The decision to refuse to consider a bid that was received
beyond the date/time established in the solicitation shall not be the basis for
a protest pursuant to the Orange County Code (Procurement Ordinance).
All bids must be typewritten or filled in with pen and ink, and must be signed in ink
by an officer or employee having authority to bind the company or firm. Errors, .
corrections, or changes on any document must be initialed by the signatory of the
bid.
Bidders shall not be allowed to modify their bids after the opening time and date.
Bid files may be examined during normal working hours, thirty (30) days after bid
opening or upon recommendation for award, whichever occurs first. Bidders
desiring to view these documents are urged to schedule an appointment.
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For information concerning this bid, please contact the Procurement Division at the
address listed above or by calling 407-836-5635. Please specify the bid number
for which you are inquiring.
2. QUESTIONS REGARDING THIS SOLICITATION
All questions or concerns regarding this Invitation for Bids shall be submitted by
email to the Procurement Division representative specified on the cover page of
this Invitation for Bids. When required the Procurement Division shall issue an
addendum to the Invitation for Bids. The addendum shall be available on the
Internet for access by potential Bidders. Bidders are instructed not to contact the
initiating division directly. No oral interpretation of this Invitation for Bids shall be
considered binding. The County shall be bound by information and statements
only when such statements are written and executed under the authority of the
Manager, Procurement Division.
This provision exists solely for the convenience and administrative efficiency of
Orange County. No Bidder or other third party gains any rights by virtue of this
provision or the application thereof, nor shall any Bidder or third party have any
standing to sue or cause of action arising there from.
3. PRICE/DELIVERY
Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any
bids containing modifying or "escalator" clauses will not be considered unless
specifically requested in the bid specifications.
"Acceptance" as herein used means the acceptance by Orange County after the
Manager, Procurement Division or authorized agent has, by inspection or test of
such items, determined that they fully comply with specifications.
Deliveries resulting from this bid are to be performed during the normal
working hours of the County. Time is of the essence and the Contractor's
delivery date must be specified and adhered to. Should the Contractor, to whom
the order or contract is awarded, fail to deliver on or before the stated date, the
County reserves the right to CANCEL the order or contract and make the purchase
elsewhere, and the Contractor shall be required to compensate the County for the
difference in price paid for the alternate goods. The Contractor shall be
responsible for making any and all claims against carriers for missing or damage
goods. Partial shipments will be acceptable unless otherwise stated.
4. FEDERAL AND STATE TAX
The County is exempt from Federal and State Sales and Use Taxes for tangible
personal property (Certificate of Registry for tax transactions under Chapter 32,
Internal Revenue Code and Florida Sales/Use Tax Exemption Certificate). The
Manager, Procurement Division will sign an exemption certificate submitted by the
Contractor.
Contractors doing business with the County shall not be exempted from paying
sales tax to their suppliers for materials to fulfill contractual obligations with the
County, nor shall any Contractor be authorized to use the County's Tax Exemption
Number in securing such materials.
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5. ACCEPTANCE/REJECTION/CANCELLATION
The County reserves the right to accept or to reject any or all bids and to make the
award to that bidder who, in the opinion of the County, will be in the best interest
of and/or the most advantageous to the County. The County also reserves the
right to reject the bid of any bidder who has previously failed in the proper
performance of an award or to deliver on time contracts of a similar nature or who,
in the County's opinion, is not in a position to perform properly under this award.
The County reserves the right to inspect all facilities of bidders in order to make a
determination as to the foregoing. The County reserves the right to waive any
irregularities and technicalities and may, at its discretion, request a re -bid. Award
will be made to the lowest responsive and responsible bidder as determined by the
County.
The County reserves the right, and the Manager, Procurement Division has
absolute and sole discretion, to cancel a solicitation at any time prior to approval
of the award by the Board of County Commissioners when such approval is
required. The decision to cancel a solicitation cannot be the basis for a protest
pursuant to the Orange County Code.
6. BRAND NAME OR EQUALS/DEVIATIONS
Unless otherwise specified, the mention of a particular manufacturer's brand name
or number in the specifications does not imply that this particular good is the only
one that will be considered for purchase. This reference is intended solely to
designate the type or quality of good that will be acceptable. Equal offers will be
considered and must include descriptive literature and/or specifications. Failure to
provide descriptive literature and/or specifications with equal offers will result in the
disqualification of the bid.
The determination as to whether any alternate good or service is or is not equal
shall be made solely by the County and such determination shall be final and
binding upon all bidders. The County reserves the right to request and review
additional information to make such a determination.
Although the County provides for the consideration of alternate bids, it reserves
the right to make an award in the best interest of the County. Award may not
necessarily be given to the lowest bid offered.
The Bidder shall be responsible for reading very carefully, and understanding
completely, the requirements and the specifications of the items bid upon. Unless
the bid is in response to a "Brand Name or Equal" requirement, deviations from the
specifications will only be considered if requested in writing prior to the date and
time specified for receipt of bids.
Deviations, if accepted, will be specifically addressed in writing via an addendum
to this Invitation for Bids. Any goods or services that are not in compliance with
the specifications will not be accepted.
7. NO BID
Where more than one item is listed, any items not bid upon shall be indicated as
"NO BID".
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8. CONFLICT OF INTEREST
The award is subject to provisions of applicable State Statutes and County
Ordinances. All bidders must disclose with their bid the name of any officer,
director, or agent who is also an employee of Orange County. Further, all bidders
must disclose the name of any County employee who owns, directly or indirectly,
an interest of ten percent (10%) or more in the Bidder's firm or any of its branches.
Should the Contractor permanently or temporarily hire any County employee who
is, or has been, directly involved with the Contractor prior to or during performance
of the resulting contract, the contract shall be subject to immediate termination by
the County.
9. LEGAL REQUIREMENTS
All applicable Federal and State laws and County ordinances that in any manner
affect the items covered herein apply. Lack of knowledge by the Bidder shall in no
way be a cause for relief from responsibility.
A. Contractors doing business with the County are prohibited from
discriminating against any employees, applicant, or client because of race,
religion, color, disability, national origin, gender, or age with regard to but
not limited to the following: employment practices, rates of pay or other
compensation methods, and training selection.
10. GOVERNING LAW AND VENUE
Any and all legal actions associated with this contract will be governed by the laws
of the State of Florida. Venue for any litigation involving this contract shall be in the
Ninth Circuit Court in and for Orange County, Florida. Should any federal claims
arise for which the courts of the State of Florida lack jurisdiction, venue for those
actions will be in the Orlando Division of the U.S. Middle District of Florida.
11. JURY WAIVER
Each party hereto hereby irrevocably waives, to the fullest extent permitted by
applicable law, any right it may have to a trial by jury in any legal proceeding
directly or indirectly arising out of or relating to this agreement.
12. ATTORNEYS' FEES AND COSTS
The Parties shall each bear their own costs, expert fees, attorneys' fees, and other
fees incurred in connection with this Agreement and any litigation that arises either
directly, or indirectly.
13. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the
basis for contractual obligations between the Contractor and the County for any
terms and conditions not specifically stated in this Invitation for Bids.
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14. MISTAKES
In the event of extension error(s), the unit price will prevail and the Bidder's total
offer will be corrected accordingly. In the event of addition errors, the extended
totals will prevail and the Bidder's total will be corrected accordingly. Bidders must
check their bid where applicable. Failure to do so will be at the Bidder's risk. Bids
having erasures or corrections must be initialed in ink by the Bidder.
15. EEO STATEMENT
It is hereby declared that equal opportunity and nondiscrimination shall be the
County's policy intended to assure equal opportunities to every person, regardless
of race, religion, sex, sexual orientation and gender expression/identity, color, age,
disability or national origin, in securing or holding employment in a field of work or
labor for which the person is qualified, as provided by Section 17-314 of the Orange
County Code and the County Administrative Regulations.
Further, the Contractor shall abide by the following provisions:
A. The Contractor shall represent that the Contractor has adopted and
maintains a policy of nondiscrimination as defined by applicable County
ordinance throughout the term of this contract.
B. The Contractor shall allow reasonable access to all business and
employment records for the purpose of ascertaining compliance with the
non-discrimination provision of the contract.
The provisions of the prime contract shall be incorporate by the Contractor into the
contracts of any applicable subcontractors.
16. BID TABULATION AND RESULTS
Bid tabulations shall be available thirty (30) days after opening on the Orange
County website at: http://apps.ocfl.net/orangebids/bidresults/results.asp or
upon notice of intended action, whichever is sooner.
17. BID FORMS
All bids shall be submitted on the County's standard Bid Response Form. Bids on
Bidder's quotation forms shall not be accepted.
18. REFERENCES
A contact person shall be someone who has personal knowledge of the Bidder's
performance for the specific requirement listed. Contact person shall have been
informed that they are being used as a reference and that the County may be
contacting them. More than one person can be listed but all shall have knowledge
of the project. The reference shall be the owner or a representative of the owner.
Contractors who provided services under the referenced project (contract) shall
not be accepted as references. DO NOT list principals or officers who shall not be
able to answer specific questions regarding the project. Failure of references listed
to respond to the County's inquiries may negatively impact the responsibility of the
Bidder.
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19. POSTING OF RECOMMENDED AWARD AND PROTESTS
The recommended award will be posted for review by interested parties at the
Procurement Division and at:
http://apps.ocfl.net/OrancieBids/AwardsRec/default.asp prior to submission
through the appropriate approval process and will remain posted for a period of
five (5) full business days.
Orange County Lobbyist Regulations General Information
http://www.oranaecountyfl.net/OpenGovernment/LobbinaAtOranneC
ounty.aspx
A lobbying blackout period shall commence upon issuance of the solicitation until
the Board selects the Contractor. For procurements that do not require Board
approval, the blackout period commences upon solicitation issuance and
concludes upon contract award.
The Board of County Commissioners may void any contract where the County
Mayor, one or more County Commissioners, or a County staff person has been
lobbied in violation of the black -out period restrictions of Ordinance No. 2002-15.
Orange County Protest Procedures
http://www.orannecountyfl.netNendorServicesNendorProtestProced
ures.aspx
Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the
fifth full business day after posting, shall constitute a waiver of bid protest
proceedings.
20. BID AND RELATED COSTS
By submission of a bid, the Bidder agrees that any and all costs associated with
the preparation of the bid will be the sole responsibility of the Bidder. The Bidder
also agrees that the County shall bear no responsibility for any costs associated
with the preparation of the bid including but not limited to any administrative or
judicial proceedings resulting from the solicitation process.
21. CONTRACTUAL AGREEMENT
This Invitation for Bids shall be included and incorporated in the final contract or
purchase order. The order of contract precedence will be the contract (purchase
order), bid document, and response. Any and all legal actions associated with this
Invitation for Bids and/or the resultant contract (purchase order) shall be governed
by the laws of the State of Florida. Venue for any litigation involving this contract
shall be the Ninth Circuit Court in and for Orange County, Florida.
22. PUBLIC ENTITY CRIME
Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of
Management Services shall maintain a list of the names and addresses of those
who have been disqualified from participating in the public contracting process
under this section.
Page 9
http://www.dms.myflorida.com/business operations/state purchasing/ven
dor information/convicted suspended discriminatory complaints vendor
lists/convicted vendor list
A person or affiliate who has been placed on The Convicted Vendor list following
a conviction for a public entity crime shall not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, shall
not submit bids on leases of real property to a public entity, shall not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and shall not transact business with any public entity
in excess of the threshold amount provided in Florida Statute Section 287.017, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on The Convicted Vendor List.
23. DRUG -FREE WORKPLACE FORM
The Drug -Free Workplace Form is attached and shall be completed and submitted
with your bid.
24. SUBCONTRACTING
Bidders subcontracting any portion of the work shall state name and address of
subcontractor and the name of the person to be contacted on the attached
"Schedule of Subcontractors Form".
25. CONFLICT OF INTEREST FORM
Bidder shall complete the Conflict of Interest Form attached hereto and submit it
with their bid.
26. ETHICS COMPLIANCE
The following forms are included in this solicitation and shall be completed and
submitted as indicated below:
A. Orange County Specific Project Expenditure Report -The purpose of
this form is to document any expenses incurred by a lobbyist for the
purposes described in Section 2-351, Orange County Code. This form
shall be completed and submitted with all bid responses to an Orange
County solicitation. Any questions concerning this form shall be addressed
to the purchasing agent identified in the applicable solicitation.
B. Relationship Disclosure Form — The purpose of this form is to document
any relationships between a bidder to an Orange County solicitation and the
Mayor or any other member of the Orange County Board of County
Commissioners. This form shall be completed and submitted with the
applicable bid to an Orange County solicitation.
No contract award shall be made unless these forms have been completed
and submitted with the bid. Any questions concerning these forms shall be
addressed to the purchasing agent identified in this solicitation. Also, a listing of
the most frequently asked questions concerning these forms is attached to each
for your information.
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27. SUBMISSION OF BID
The bid must be mailed or hand delivered in a sealed envelope to:
ORANGE COUNTY PROCUREMENT DIVISION
Internal Operations Centre II
400 E. South Street, 2nd Floor
Orlando, Florida 32801
Bidders must indicate on the sealed envelope the following:
A.
Invitation for Bids Number
B.
Hour and Date of Opening
C.
Name of Bidder
D.
Phone Number of Bidder
Bids received after the time, date, and/or at the location specified, due to failure to
identify the envelope with the above information shall be rejected.
28. COPIES
Copies of documents, records, materials, and/or reproductions requests will be
charged in accordance with Orange County's fee schedule. Copyrighted materials
may be inspected, but cannot be copied or reproduced per Federal law.
29. PROPRIETARY/RESTRICTIVE SPECIFICATIONS
If a prospective bidder considers the specification contained herein to be
proprietary or restrictive in nature, thus potentially resulting in reduced competition,
they are urged to contact the Procurement Division prior to bid opening.
Specifications which are unrelated to performance will be considered for deletion
via addendum to this Invitation for Bids.
30. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/
REQUIREMENTS/ STATEMENTS OF WORK
Firms and/or individuals that assisted in the development or drafting of the
specifications, requirements, statements of work, or solicitation documents
contained herein are excluded from competing for this solicitation.
This shall not be applicable to firms and/or individuals providing responses to a
publicly posted Request for Information (RFI) associated with a solicitation.
31. PAYMENT TERMS/DISCOUNTS
The County's payment terms are in accordance with Florida Statute 218, Local
Government Prompt Payment Act. Cash discounts for prompt payment will be
considered in determining the lowest net cost for bid evaluation purposes.
Notwithstanding the above, discount payment terms shall not be less than net 30
calendar days from receipt of correct invoice.
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32. PATENTS AND ROYALTIES
Unless otherwise provided, the Contractor shall be solely responsible for obtaining
the right to use any patented or copyrighted materials in the performance of the
contract resulting from this Invitation for Bids.
The Contractor, without exception, shall indemnify and save harmless the County
and its employees from liability of any nature or kind, including cost and expenses
for or on account of any copyrighted, patented, or unpatented invention, process,
or article manufactured or supplied by the Contractor. In the event of any claim
against the County of copyright or patent infringement, the County shall promptly
provide written notification to the Contractor. If such a claim is made, the
Contractor shall use its best efforts to promptly purchase for the County any
infringing products or services or procure a license, at no cost to the County, which
will allow continued use of the service or product.
If none of the alternatives are reasonably available, the County agrees to return
the article on request to the Contractor and receive reimbursement, if any, as may
be determined by a court of competent jurisdiction.
33. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and
hold harmless the County, its officials, agents, and employees from and against
any and all claims, suits, judgments, demands, liabilities, damages, cost and
expenses including attorney's fees of any kind or nature whatsoever arising
directly or indirectly out of or caused in whole or in part by any act or omission of
the Contractor or its subcontractors, anyone directly or indirectly employed by
them, or anyone for whose acts any of them may be liable; excepting those acts
or omissions arising out of the sole negligence of the County.
34. CLARIFICATIONS
It is the Bidder's responsibility to become familiar with and fully informed regarding
the terms, conditions and specifications of this Invitation for Bids. Lack of
understanding and/or misinterpretation of any portions of this Invitation for Bids
shall not be cause for withdrawal of your bid after opening or for subsequent protest
of award. Bidder's must contact the Procurement Division, at the phone number
on the bid cover sheet prior to bid opening, should clarification be required.
Modification or alteration of the documents contained in the solicitation or contract
shall only be valid if mutually agreed to in writing by the Bidder and the County.
35. 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:
A. The prices in this bid have been arrived at independently, without
consultation, collusion, 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.
Page 12
B. 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,
C. No attempt has been made or shall be made by the Bidder to induce any
other person or bidder to submit or not to submit a bid for the purpose of
restricting competition.
36. SUCCESSORS AND ASSIGNS
The County and the Contractor each binds itself and its partners, successors,
executors, administrators, and assigns to the other party of this Contract and to
the partners, successors, executors, administrators, and assigns of such other
party, in respect to all covenants of this Contract. Except as above, neither the
County nor the Contractor shall assign, sublet, convey or transfer its interest in this
Contract without the written consent of the other. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of
the County which may be a party hereto, nor shall it be construed as giving any
rights or benefits hereunder to anyone other than the County and the Contractor.
37. NO REPRESENTATIONS
Each party represents that they have had the opportunity to consult with an
attorney, and have carefully read and understand the scope and effect of the
provisions of this Agreement. Neither party has relied upon any representations or
statements made by the other party hereto which are not specifically set forth in
this Agreement.
38. SEVERABILITY
In the event that any provision hereof becomes or is declared by a court of
competent jurisdiction to be illegal, unenforceable or void, this Agreement shall
continue in full force and effect without said provision.
39. PRICING/AUDIT
The Contractor shall establish and maintain a reasonable accounting system,
which enables ready identification of Contractor's cost of goods and use of funds.
Such accounting system shall also include adequate records and documents to
justify all prices for all items invoiced as well as all charges, expenses and costs
incurred in providing the goods for at least five (5) years after completion of this
contract. The County or its designee shall have access to such books, records,
subcontract(s), financial operations, and documents of the Contractor or its
subcontractors, as required to comply with this section for the purpose of
inspection or audit anytime during normal business hours at the Contractor's place
of business. This right to audit shall include the Contractor's subcontractors used
to procure goods under the contract with the County. Contractor shall ensure the
County has these same rights with subcontractors and suppliers.
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40. EMPLOYEES OF THE CONTRACTOR
All work under this contract shall be performed in a professional and skillful
manner. The County may require, in writing, that the Contractor, remove from this
contract any employee the County deems incompetent, careless, or otherwise
objectionable.
41. TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall be
tobacco free. This policy shall apply to parking lots, parks, break areas and
worksites. It is also applicable to Contractors and their personnel during contract
performance on County owned property. Tobacco is defined as tobacco products
including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco
and snuff. Failure to abide by this policy may result in civil penalties levied under
Chapter 386, Florida Statutes and/or contract enforcement remedies.
42. CONTRACT CLAIMS
"Claim" as used in this provision means a written demand or written assertion by
one of the contracting parties seeking as a matter of right, the payment of a certain
sum of money, the adjustment or interpretation of contract terms, or other relief
arising under or relating to this contract.
Claims made by a Contractor against the County, relating to a particular contract
shall be submitted to the Manager, Procurement Division in writing clearly labeled
"Contract Claim" requesting a final decision. The Contractor also shall provide with
the claim a certification as follows: "I certify that the claim is made in good faith;
that the supporting data are accurate and complete to the best of my knowledge
and belief; that the amount requested accurately reflects the contract adjustment
for which the Contractor believes the County is liable; and that I am duly authorized
to certify the claim on behalf of the Contractor."
Failure to document a claim in this manner shall render the claim null and
void. No claim shall be accepted after final payment of the contract.
The decision of the Manager, Procurement Division shall be issued in writing and
furnished to the Contractor. The decision shall state the reasons for the decision
reached. The Manager, Procurement Division shall render the final decision within
sixty (60) days after receipt of Contractor's written request for a final decision. The
Manager, Procurement Division decision shall be final and conclusive.
The Contractor shall proceed diligently with performance of this contract pending
final resolution of any request for relief, claim, appeal or action arising under the
contract and shall comply with any final decision rendered by the Manager,
Procurement Division.
43. VERIFICATION OF EMPLOYMENT STATUS
Prior to the employment of any person under this contract, the Contractor shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the
contract term, and an express requirement that Contractors include in such
subcontracts the requirement that subcontractors performing work or providing
Page 14
services pursuant to the state contract utilize the E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
contract term. For more information on this process, please refer to United States
Citizenship and Immigration Service site at:
http://www. uscis.gov/portal/site/uscis.
Only those employees determined eligible to work within the United States
shall be employed under this contract.
By submission of a bid in response to this solicitation, the Contractor affirms that
all employees in the above categories shall undergo e-verification before
placement on this contract. The Contractor shall commit to comply with this
requirement by completing the E-Verification certification, attached to this
solicitation.
44. CONFIDENTIAL INFORMATION
In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and
except as may be provided by other applicable State or Federal Law, all bidders
should be aware that Invitation for Bids and the responses thereto are in the public
domain. Bidders must identify specifically any information contained in their
response which they consider confidential and/or proprietary and which they
believe to be exempt from disclosure, citing specifically the applicable
exempting law. If a Bidder fails to cite the applicable exempting law, we will treat
the information as public.
45. FEDERAL REQUIREMENTS
In the event this Contract is paid in whole or in part from any federal government
agency or source, the specific terms, regulations and requirements governing the
disbursement of these funds shall be specified herein and become a part of this
clause.
Equal Employment Opportunity: For any federally assisted construction contract,
as defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall
follow all of the requirements of the Equal Opportunity Clause as stated in 41 CFR
60-1.4.
Davis —Bacon Act: For any federally assisted construction contract, in excess of
two thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall
comply with all of the requirements of the Davis -Bacon Act (40 U.S.C. 3141 — 3148)
as supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and
assisted Construction"); and the Copeland "Anti -Kickback" Act (40 U.S.C. 3145),
as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States").
For a definition of "Construction" see 48 CFR 2.101.
*Note: prompt to include current prevailing wage determination issued by the
Department of Labor. http://www.wdol.gov/dba.aspx
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Contract Work Hours and Safety Standards Act: For any federally assisted
contract, in excess of one hundred thousand dollars ($100,000), that involves the
employment of mechanics or laborers, the contractor, subcontractor, subrecipient
shall comply with all of the requirements of the Contract work Hours and Safety
Standards Act (40 U.S.C. 3702 and 3704), as supplemented by Department of
Labor Regulations (29 CFR Part 5).
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid
for an award exceeding one hundred thousand dollars ($100,000) must file the
required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non -Federal
award.
Rights to Inventions Made Under a Contract or Agreement: For any federally
assisted contract, awarded to a small business firm or nonprofit organization as
defined in 37 CFR 401.2 for the performance of experimental, developmental, or
research work, the contractor, subcontractor, subrecipient agrees to all of the
terms in 37 CFR 401.14(a) and (b) regarding Patent Rights and The Allocation of
Principal Rights.
Clean Air Act and the Federal water Pollution Control Act: For any federally
assisted contract, or subgrant, in excess of one hundred and fifty thousand dollars
($150,000), the contractor, subcontractor, subrecipient or subgrant recipient shall
comply with all of the requirements of the Clean Air Act (42 U.S.C. 7401 7671 q.)
and the Federal water Pollution Control Act as amended (33 U.S.C. 1251—1387).
Procurement of Recovered Materials:
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA -designated items unless
the product cannot be acquired
a. Competitively within a timeframe providing for compliance with the
contract performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
(2) Information about this requirement, along with a list of EPA -designated items,
is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-quideline-cpq-
program.
Page 16
Awarded Contractors are required to fully comply with all requirements outlined in
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
46. SMALL AND MINORITY BUSINESS ENTERPRISE (MBE), WOMEN BUSINESS
ENTERPRISES (WBE), AND LABOR SURPLUS AREA FIRMS
A. Orange County may be receiving federal funding through Federal
Emergency Management Agency for the services solicited in the Invitation
for Bid (IFB). Accordingly, Orange County's M/WBE ordinance and program
do not apply to this solicitation.
B. Among the many federal funding requirements, 2 CFR §200.321 (or 45
C.F.R. §75.330 for Health and Human Services funds) mandates that the
Prime Contractor partakes in five "affirmative steps" designed to ensure that
small and minority -owned, women -owned business enterprises, and labor
surplus area firms have been, and for the duration of the project continue to
be, afforded subcontracting opportunities. These affirmative steps are:
1. Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority businesses and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, and
women's business enterprises; and
5. Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration (SBA) and the
Minority Business Development Agency of the Department of
Commerce.
C. In order to adequately document that the bidder has fulfilled this
requirement, the bidder shall complete the provided "Affidavit of
Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and
Human Services funds) Requirements". The affidavit shall be notarized for
this bid to be responsive.
D. The bidder shall also attach to the affidavit documentation evidencing that
affirmative steps 1 — 3 above were taken in the preparation and submission
of this bid. Such evidence shall include:
Copies of announcements/postings in newspapers, emails, web -
postings, or other media for specific contracting/subcontracting
opportunities that target small and minority businesses and women's
business enterprises;
Page 17
2. Copies of announcements/postings of contracting/subcontracting
opportunities in trade publications, minority, or women's media that
target small and minority businesses and women's business
enterprises.
3. Documentation of sources used to identify potential small and
minority businesses and women's business enterprises. A
suggestion would be searching through the SBA's Dynamic Small
Business directory at the following internet address:
http://dsbs.sba.gov to search for registered minority and small
businesses.
E. Failure to submit an executed and notarized "Affidavit of Compliance
with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human
Services funds) Requirements" and to attach the documents
requested in subsection 3.D. to that affidavit may necessitate the bid
being.rejected as nonresponsive.
F. The awarded contractor will be monitored by the County for continued
compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and
Human Services funds). The ability for that awarded contractor to be
awarded federally funded contracts in the future may be jeopardized should
that awarded contractor fail to comply with the intent and spirit of 2 CFR
§200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds).
G. Contact Business Development Division at (407) 836-7317, if you additional
questions pertaining to this requirement.
47. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT
TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
A. This Agreement and employees working on this Agreement will be subject
to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. 4712 by
section 828 of the National Defense Authorization Act for Fiscal Year 2013
(Pub. L. 112-239) and FAR 3.908.
B. The Subrecipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and
protections under 41 U.S.C. 4712, as described in section 3.908 of the
Federal Acquisition Regulation.
C. The Subrecipient shall insert the substance of this clause, including this
paragraph, in all subcontracts that exceed thirty-five thousand dollars
($35,000) in value.
48. SCRUTINIZED COMPANIES
If this Agreement has a cumulative value that meets, or exceeds, one million
dollars, then the Contractor must certify that it is not a "Scrutinized Company"
pursuant to Section 287.135(2), Florida Statutes. A "Scrutinized Company" is a
company that is:
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on the "Scrutinized Companies that Boycott Israel List", created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel;
2. on the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List", created
pursuant to Section 215.473, Florida Statutes; or
3. engaged in business operations in Cuba or Syria.
49. FORCE MAJEURE - EMERGENCY RESPONSE CONTRACTS
1. The Contractor shall not be held responsible for any delay and/or failure in
performance of any part of this contract to the extent such delay or failure
is caused by explosion, war, embargo, government requirement, civil or
military authority, act of God, or other similar causes beyond the
Contractor's control so long as the Contractor's delay is not caused by the
Contractor's own fault or negligence. That notwithstanding, the Contractor
shall notify the County in writing within twenty-four (24) hours after the
beginning of any such cause that would affect its performance hereunder
and the County reserves the right the request additional information that
supports the validity of the Contractor's Force Majeure claim. Failure to
notify the County in a timely manner of any claim of Force Majeure made
pursuant to this section is cause for termination of this contract.
2. If the Contractor's performance is delayed pursuant to this section for a
period exceeding one (1) calendar days from the date the County receives
the required Force Majeure notice, the County shall have the right to
terminate this contract thereafter and shall only be liable to the Contractor
for any work performed and validated (if required for payment hereunder)
prior to the date of the County's contract termination.
3. As the nature of this contract relates to emergency and/or natural disaster
response (including, but not limited to, hurricanes), the Contractor is
expected, as part of the Contractor's obligations hereunder, to be
mobilized and prepared to perform immediately after a natural disaster
emergency and/or event. As a result, delays and/or failures in
performance on the Contractor's part that are in any way related to natural
disaster conditions (ie: fuel shortages, airport closures, lodging shortages,
etc.) shall not be considered valid claims of Force Majeure under this
section.
4. If the Contractor's performance is delayed pursuant to this section, the
County may, upon written request of the Contractor, agree to equitably
adjust the provisions of this contract, including price, performance, and
delivery, as may be affected by such delay. However, this provision shall
not be interpreted to limit the County's right to terminate for convenience.
Page 19
50. PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR SERVICE
CONTRACTS)
Orange County is a public agency subject to Chapter 119, Florida Statutes. The
Contractor agrees to comply with Florida's Public Records Law. Specifically, the
Contractor shall:
1. Keep and maintain public records required by Orange County to perform the
service.
2. Upon request from Orange County's custodian of public records, provide
Orange County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the Contractor does not transfer the records to Orange County.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to
Orange County all public records in possession of the Contractor or keep and
maintain public records required by Orange County to perform the service. If
the Contractor transfers all public record to Orange County upon completion of
the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to Orange County, upon request from Orange County's custodian
of public records, in a format that is compatible with the information technology
systems of Orange County.
5. A Contractor who fails to provide the public records to Orange County within a
reasonable time may be subject to penalties under section 119.10, Florida
Statutes.
6. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Procurement Public Records Liaison
400 E. South Street, 2nd Floor, Orlando, FL 32801
ProcurementRecords()_ocfl.net, 407-836-5897
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SECTION 2
SPECIAL TERMS AND CONDITIONS
Page 21
SPECIAL TERMS AND CONDITIONS
1. LICENSES AND PERMITS
Prior to furnishing the requested product(s), it shall be the responsibility of the
Contractor to obtain, at no additional cost to Orange County, any and all licenses
and permits required to complete all contractual requirements. These licenses and
permits shall be readily available for review by the Manager, Procurement Division
or authorized designee.
2. BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of ninety (90) days from the
bid opening date or until the date of award. In the event that an award is not made
by the County within ninety (90) days from the bid opening date, the Bidder may
withdraw their bid or provide a written extension of their bid.
3. AWARD
Award shall be made on an all -or -none total estimated bid basis to the lowest
responsive and responsible Bidder.
The low'bidder shall be based on providing the lowest fixed markup or highest
fixed discount per gallon to the OPIS average price.
4. EVALUATION/AWARD
Bids will be evaluated on the basis of:
A. Fixed discount/mark-up price per gallon to the OPIS (Oil Price Information
Service) average price.,
B. Check of references.
C. Compliance with contract terms, conditions and specifications.
D. Capability Survey — The County reserves the right to perform a complete
facilities and capability survey of each bidder prior to award, and utilize the
results to determine if the bidder has the capability to successfully perform
under this contract. The County also reserves the right to waive this survey
for any bidder who has performed in a satisfactory manner under the current
and/or a previous Orange County fuel contract.
5. BID PRICES
A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra low sulfur
diesel fuel, undyed and dyed, bidders shall submit on the Bid Response
Form a fixed discount or fixed mark-up price to be subtracted from or added
to the OPIS'average price(s) per gallon posted for Orlando to arrive at the
purchase price per gallon for each fuel type and/or grade listed.
Page 22
Note: All grades of gasoline petroleum motor fuels as referenced
above are E-10 when sourced from the Taft Terminal.
The fixed discount/mark-up shall remain firm during the entire
contract period and each subsequent twelve (12) month period agreed
upon, and shall include, but not be limited to profit, overhead, drop
charges, split delivery charges, delivery charges, pump charges,
freight charges and all other costs incurred by the vendor, with the
exception of fees and taxes, for delivering fuel to those locations listed
on Delivery Schedule A, plus any locations that may be added to the
contract at a later date, to include other governmental agencies
located within Central Florida.
The day's final OPIS prices(s) per gallon posted for Thursday of each week
shall be utilized to arrive at the purchase price per gallon of fuel(s) delivered
the following Sunday through Saturday. The County receives the Thursday
final OPIS Wholesale Rack prices directly from OPIS.
EXAMPLE: OPIS price(s) posted Thursday, May 18, 2017 shall be utilized
to arrive at the purchase price per gallon for fuel(s) delivered Sunday, May
21, 2017 through Saturday, May 27, 2017.
In instances where a Thursday is a holiday, i.e. Thanksgiving, the day's final
OPIS price(s) posted for the Wednesday preceding that Thursday holiday
shall be used.
B. Contractor shall be responsible for correctly invoicing each agency/entity
utilizing this contract. Taxes shall be listed as separate line items on all
invoices.
6. ACCESS TO RECORDS
The following access to records requirements apply to this contract:
A. The contractor agrees to provide Orange County, the State of Florida, the
Federal Emergency Management Agency (FEMA) Administrator, the
Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts, and transcriptions.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
C. The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the
work being completed under the contract.
Page 23
7. DEPARMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre -approval.
8. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE
ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund
the contract only. The contractor will comply will all applicable federal law,
regulations, executive orders, FEMA policies, procedures, and directives.
9. NO OBLIGATION BY FEDERAL GOVERNMENT
The, Federal Government is not a party to this contract and is not subject to any
obligations or liabilities to the non -Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract:
10. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies
for False Claims and Statements) applies to the contractor's actions pertaining to
this contract.
11. F.O.B. POINT
The F.O.B. point will be a destination within Orange County. The bid shall include
all costs of packaging, transporting, delivery and unloading. This shall include
inside delivery if requested to the designated point within Orange County.
12. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bids.
Delivery shall be no later than two (2) calendar days from receipt of delivery order,
Monday through Friday, unless other arrangements have been made with the
ordering agency/entity. The Contractor shall contact all other _ agencies/entities
utilizing this contract to obtain their ordering procedures. The Contractor shall
contact all other agencies/entities utilizing this contract to obtain their ordering
procedures. Bids submitted which fail to meet this requirement shall be cause for
rejection.
Failure of the awarded Contractor to meet this delivery requirement will result in
default and immediate termination of the delivery order or contract.
It is hereby understood and mutually agreed to by and between parties hereto that
the time of delivery is an essential condition of this contract.
Should the Contractor neglect, fail or refuse to furnish and deliver the goods within
the time herein specified, Contractor does hereby agree, as part of consideration
for the awarding of this contract to pay Orange County the sum extended by the
Page 24
County to contract for rental goods or equipment approved by the Procuremeni
Division for the period from the required scheduled commencement date until
delivery of the goods or equipment covered in the Invitation for Bids is completed.
The Contractor shall, within one (1) calendar day from the beginning of such delay,
notify the Manager, Procurement Division in writing of the cause(s) of the delay.
Should the Contractor be delayed in the delivery of the goods or equipment by
reason of unforeseeable causes beyond its control and without fault or negligence,
including, but not restricted to, acts of God or neglect of any other Contractor, the
period herein above specified for the completion of delivery shall be extended by
such time as shall be approved by the Manager, Procurement Division.
13. TERMINATION
A. Termination for Default:
The County may, by written notice to the Contractor terminate this contract
for default in whole or in part (delivery orders, if applicable) if the Contractor
fails to:
Provide goods or services that comply with the specifications herein
or fails to meet the County's performance standards
2. Deliver the goods or to perform the services within the time specified
in this contract or any extension.
3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the County shall provide adequate written
notice to the Contractor through the Manager, Procurement Division,
affording the opportunity to cure the deficiencies or to submit a specific plan
to resolve the deficiencies within ten (10) calendar days (or the period
specified in the notice) after receipt of the notice. Failure to adequately cure
the deficiency shall result in termination action. Such termination may also
result in suspension or debarment of the Contractor in accordance with the
County's Procurement Ordinance. The Contractor and its sureties (if any)
shall be liable for any damage to the County resulting from the Contractor's
default of the contract. This liability includes any increased costs incurred
by the County in completing contract performance.
In the event of termination by the County for any cause, the Contractor shall
have, in no event, any claim against the County for lost profits or
compensation for lost opportunities. After a receipt of a Termination Notice
and except as otherwise directed by the County the Contractor shall:
Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the
performance of the terminated work
Page 25
3. Transfer all work in process, completed work, and other materials
related to the terminated work as directed by the County.
4. Continue and complete all parts of that work that have not been
terminated.
B. Termination for Convenience:
The County, by written notice, may terminate this contract, in whole or in
part, when it is in the County's interest. If this contract is terminated, the
County shall be liable only for goods or services delivered and accepted.
The County Notice of Termination shall provide the Contractor thirty (30)
calendar days prior notice before it becomes effective. A termination for
convenience may apply to individual delivery orders, purchase orders
or to the contract in its entirety.
14. AS SPECIFIED
All goods delivered shall meet the specifications herein. Goods delivered not as
specified shall be returned at no expense by Orange County. The County may
return, for full credit, any unused goods received which fail to meet the County's
performance standards. Replacement goods meeting specifications shall be
submitted within a reasonable time after rejection of the non -conforming goods.
15. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
By submission of a bid in response to this solicitation, the Bidder certifies that all
material, equipment, etc., contained in their bid meets all OSHA requirements.
Bidder further certifies that if they are the awarded Contractor, and the material,
equipment, etc., delivered is subsequently found to be deficient in any OSHA
requirements in effect on date of delivery, all costs necessary to bring the material,
equipment, etc., into compliance with the aforementioned requirements shall be
borne by the Contractor.
16. CODES AND REGULATIONS
The Contractor shall strictly comply with all Federal, State and local codes and
regulations.
17. PAYMENT
Partial payments for the value of goods received and accepted and services
rendered may be requested by the submission of a properly executed invoice, with
supporting documents if required. Payment shall- be made in accordance with
Florida Statute 218, Local Government Prompt Payment Act. Payment for
accepted equipment/goods/services shall be accomplished by submission of an
invoice, in duplicate, to:
Orange County Fleet Management Division
4400 S. Vineland Rd.
Orlando, FL 32811
Phone 407-836-8210
Page 26
In the event additional County Departments or other public entities utilize this
contract, invoices are to be sent directly to the Department or entity placing the
order.
18. SAFETY AND PROTECTION OF PROPERTY
The Contractor shall at all times:
A. Initiate, maintain and supervise all safety precautions and programs in
connection with its services or performance of its operations under this
contract.
B. Take all reasonable precautions to prevent injury to employees, including
County employees and all other persons affected by their operations.
C. Take all reasonable precautions to prevent damage or loss to property of
Orange County, or of other Contractors, consultants or agencies and shall
be held responsible for replacing or repairing any such loss or damage.
D. Comply with all ordinances, rules, regulations, standards and lawful orders
from authority bearing on the safety of persons or property or their
protection from damage, injury or loss. This includes but is not limited to:
o Occupational Safety and Health Act (OSHA)
o National Institute for Occupational Safety & Health (NIOSH)
o National Fire Protection Association (NFPA)
o American Society of Heating, Refrigeration & Air -Conditioning
Engineers (ASHRAE)
E. The Contractor shall also comply with the guidelines set forth in the Orange
County Safety & Health Manual. The manual can be accessed online at the
address listed below:
http://www.orangecountyfl.net/VendorServices/OrangeCountySafety
andHealthManual.aspx
19. INSURANCE REQUIREMENTS
Vendor/Contractor agrees to maintain on a primary basis and at its sole expense,
at all times throughout the duration of this contract the following types of
insurance coverage with limits and on forms (including endorsements) as
described herein. These requirements, as well as the County's review or
acceptance of insurance maintained by Vendor/Contractor is not intended to and
shall not in any manner limit or qualify the liabilities assumed by
Vendor/Contractor under this contract. Vendor/Contractor is required to maintain
any coverage required by federal and state workers' compensation or financial
responsibility laws including but not limited to Chapter 324 and 440, Florida
Statutes, as may be amended from time to time.
The Vendor/Contractor shall require and ensure. that each of its sub-
Vendors/sub-Contractors providing services hereunder (if any) procures and
maintains until the completion of their respective services, insurance of the types
and to the limits specified herein.
Page 27
Insurance carriers providing coverage required herein must be licensed to
conduct business in the State of Florida and must possess a current A.M. Best's
Financial Strength Rating of A- Class VIII or better.
(Note: State licenses can be checked via www.floir.com/companysearch/ and
A.M. Best Ratings are available at www.ambest.com)
Required Coverage:
® Commercial General Liability - The Vendor/Contractor shall maintain
coverage issued on the most recent version of the ISO form as filed for use
in Florida or its equivalent, with a limit of liability of not less than $1,000,000
per occurrence. Vendor/Contractor further agrees coverage shall not
contain any endorsement(s) excluding or limiting Product/Completed
Operations, Contractual Liability, or Separation of Insureds. The General
Aggregate limit shall either apply separately to this contract or shall be at
least twice the required occurrence limit.
Required Endorsements:
® Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their
equivalents.
Note: CG 20 10 must be accompanied by CG 20 37 to include
products/completed operations
® Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.
Note: If blanket endorsements are being submitted please include the
entire endorsement and the applicable policy number.
® Business Automobile Liability - The Vendor/Contractor shall maintain
coverage for all owned; non -owned and hired vehicles issued on the most
recent version of the ISO form as filed for use in Florida or its equivalent,
with limits of not less than $1,000,000 (one million dollars) per accident. In
the event the Vendor/Contractor does not own automobiles the
Vendor/Contractor shall maintain coverage for hired and non -owned auto
liability, which may be satisfied by way of endorsement to the Commercial
General Liability policy or separate Business Auto Liability policy.
Required Endorsements:
® MCS-90- for operations governed by the Sections 29 & 30 of the
Motor Carrier Act of 1980
® Workers' Compensation - The Vendor/Contractor shall maintain coverage
for its employees with statutory workers' compensation limits, and no less
than $500,000 each incident of bodily injury or disease for Employers'
Liability. Elective exemptions as defined in Florida Statute 440 will be
considered on a case -by -case basis. Any Vendor/Contractor using an
employee leasing company shall complete the Leased Employee Affidavit.
Required Endorsements:
® Waiver of Subrogation- WC 00 03 13 or its equivalent
Page 28
Additional coverage:
® Pollution Liability- with a limit of not less than $1,000,000 per
occurrence/claim
When a self -insured retention or deductible exceeds $100,000 the COUNTY
reserves the right to request a copy of Vendor/Contractor most recent annual
report or audited financial statement. For policies written on a "Claims -Made" basis
the Vendor/Contractor agrees to maintain a retroactive date prior to or equal to the
effective date of this contract. In the event the policy is canceled, non -renewed,
switched to occurrence form, or any other event which triggers the right to
purchase a Supplemental Extended Reporting Period (SERP) during the life of this
contract the Vendor/Contractor agrees to purchase the SERP with a minimum
reporting period of not less than two years. Purchase of the SERP shall not relieve
the Vendor/Contractor of the obligation to provide replacement coverage.
By entering into this contract Vendor/Contractor agrees to provide a waiver
of subrogation or a waiver of transfer of rights of recovery, in favor of the
County for the workers' compensation and general liability policies as
required herein. When required by the insurer or should a policy condition
not permit the Vendor/Contractor to enter into a pre -loss agreement to
waive subrogation without an endorsement, then Vendor/Contractor
agrees to notify the insurer and request the policy be endorsed with a
Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery
Against Others endorsement.
Prior to execution and commencement of any operations/services provided under
this contract the Vendor/Contractor shall provide the COUNTY with current
certificates of insurance evidencing all required coverage. In addition to the
certificate(s) of insurance the Vendor/Contractor shall also provide endorsements
for each policy as specified above. All specific policy endorsements shall be in
the name of the Orange County Board of County Commissioners.
For continuing service contracts renewal certificates shall be submitted
immediately upon request by either the COUNTY or the COUNTY's contracted
certificate compliance management firm. The certificates shall clearly indicate
that the Vendor/Contractor has obtained insurance of the type, amount and
classification as required for strict compliance with this insurance section.
Vendor/Contractor shall notify the COUNTY not less than thirty (30) business
days (ten business days for non-payment of premium) of any material change in
or cancellation/non-renewal of insurance coverage. The Vendor/Contractor shall
provide evidence of replacement coverage to maintain compliance with the
aforementioned insurance requirements to the COUNTY or its certificate
management representative five (5) business days prior to the effective date of
the replacement policy (ies).
The certificate holder shall read:
Orange County Board of County Commissioners
c/o Procurement -Division
400 E. South Street, 2"d Floor
Orlando, Florida 32801
Page 29
Additional insurance guidelines and sample certificates can be found on the
County's Vendor Services website:
http://www.orangecountvfl.net/Portals/O/Library/vendor%20services/docs/Insura
nceRequirementsFAQ.pdf
20. CONTRACT TERM/RENEWAL
A. The contract resulting from this Invitation for Bids shall commence effective
upon issuance of a term contract by the County and extend for a period of
one (1) year. The contract may be renewed for four (4) additional one (1)
year periods, upon mutual agreement of both parties. If any such renewal
results in changes in the terms and conditions, such changes shall be -
reduced to writing as an amendment to this contract and such amendment
shall be executed by both parties.
B. The initiating County department(s) shall issue delivery/purchase orders
against the term contract on an "as needed" basis.
C. If the quantity of a unit priced item in this contract is an estimated quantity
and the actual quantities ordered are more than 50% above the estimated
quantity, the County shall enter into negotiations with the Contractor for a
lower unit price which shall be incorporated into the contract. Failure of the
Contractor to agree to a reduced unit price may result in the termination of
the contract and re -solicitation of the requirement.
D. Any order issued during the effective period of this contract, but not
completed within that period, shall be completed by the Contractor within
the time specified in the order. The contract shall govern the Contractor's
and the County's rights and obligations with respect to that order to the
extent as if the order were completed during the contract performance
period.
21. PRICING
The County requires a firm price for the entire contract period. Invoices shall be
reviewed to confirm compliance with contract pricing. Failure to hold prices firm
shall be grounds for immediate termination of the contract.
22. METHOD OF ORDERING
The County shall issue Delivery (Purchase) Orders against the contract on an as
needed basis for the goods or services listed on the Bid Response Form.
23. CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM
CONTRACTS
It is hereby made a part of this Invitation for Bids that before, during and after a
public emergency, disaster, hurricane, flood, or other acts of God that Orange
County shall require a "first priority" basis for goods and services. It is vital and
imperative that the majority of citizens are protected from any emergency situation
which threatens public health and safety, as determined by the County. Contractor
Page 30
agrees to rent/sell/lease all goods and services to the County or other
governmental entities as opposed to a private citizen, on a first priority basis. The
County expects to pay contractual prices for all goods or services required during
an emergency situation. Contractor shall furnish a twenty-four (24) hour phone
number in the event of such an emergency.
Should local terminals become depleted Emergency Deliveries exceeding a 200
mile radius from Orange County may receive a $0.05 surcharge per each 100
miles from the terminal location to the County's destination. Documentation
evidencing the local shortage and the origin of the supply shall be required to
support the assessment of the surcharge.
24. ' REQUIREMENTS CONTRACT
This is a Requirements Contract and the County's intent is to order from the
Contractor all of the goods or services specified in the contract's price schedule
that are required to be purchased by the County. If the County urgently requires
delivery of goods or services before the earliest date that delivery may be required
under this contract, and if the contractor will not accept an order providing for
accelerated delivery, the County may acquire the goods or services from another
source.
The County's requirements in this contract are estimated and there is no
commitment by the County to order any specified amount. If the estimated
quantities are not achieved, this shall not be the basis for an equitable adjustment.
If the Manager, Procurement Division determines that the Contractor's
performance is less than satisfactory, the County may order the goods or
services from other sources until the deficient performance has been cured
or the contract terminated.
25. PERSONNEL
A. The CONTRACTOR represents that it has, or will secure at its own
expense, all necessary personnel required to perform the services under
this Contract. Such personnel shall not be employees of or have any
contractual relationship with the COUNTY.
B. All of the services required hereafter shall be performed by the
CONTRACTOR or under its supervision, and all personnel engaged in
performing the services shall be fully qualified and, if required, authorized
or permitted under state and local law to perform such services.
C. By execution of this contract, the Contractor hereby certifies that key
personnel assigned to provide the required services have not been, and
shall not be, changed or altered without prior written approval by the County.
The County shall have seventy two (72) hours to review any request made
by the Contractor for any change, alteration, or substitution of staff. The
Contractor shall ensure that such substituted staff members are of
substantially the same qualifications as those approved by the County at
the time of contract award and create no conflicts of interest between the
Contractor and the County.
Page 31
D. The CONTRACTOR warrants that all services shall be performed by skilled
and competent personnel to the highest professional standards in the field.
The COUNTY may require, in writing, that the CONTRACTOR remove from
this contract any employee the COUNTY deems incompetent, careless, or
otherwise objectionable.
Page 32
SECTION 3
SPECIFICATIONS
Page 33
SPECIFICATIONS
OVERVIEW
To provide fuel to multiple sites throught Orange County.
TECHNICAL PROVISIONS
Gasoline, unleaded, antiknock (octane) index minimum 87 (RON + MON)/2, maximum
allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying
withstate of Florida gasoline inspection laws.
Gasoline, unleaded, antiknock (octane) index minimum 89 (RON + MON)/2,
maxim umallowable lead 0.05 gram per gallon, and volatility class suitable for Florida at
time of scheduled use, per A.S.T.M. specification D4814, complying with state of Florida
gasoline inspection laws.
Gasoline, unleaded, premium, antiknock (octane) index minimum 93 (RON + MON)/2,
maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814,
complying with state of Florida gasoline inspection laws.
Oil, diesel fuel, grade no. 2-D ultra low sulfur fuel (.0015 mass % sulfur, 40 cetane min.),
for use in over the road diesel engine, per A.S.T.M. specification D975, complying with
Florida Department of Agriculture and Consumer Services standards 5F-2.001.
Oil, diesel fuel, red dye, grade no. 2-D ultra low sulfurfuel (.0015 mass % sulfur, 40 cetane
min.), for use in off the road diesel engine, per A.S.T.M. specification D975, complying
with Florida Department of Agriculture and Consumer Services standards 5F- 2.001.
Ethanol, E-10 blend (10 percent ethanol and 90 percent gasoline), shall meet ASTM
specification D4806-07 for denatured fuel ethanol for blending with gasolines for use as
automotive spark -ignition engine fuel.
All tank wagon loads of gasoline and/or diesel fuel shall be delivered in metered trucks
and a metered delivery ticket shall be issued upon completion of delivery.
FUEL DELIVERY FOR DESIGNATED COUNTY VEHICLES
The Contractor shall have the ability to fuel designated County vehicles where they are
located on or off of County property. For this purpose, the Contractor shall provide a
Contractor owned fuel management system able to electronically capture, via a bar code
affixed to the vehicle by the Contractor, the vehicle ID, fuel type and quantity dispensed
and the time and date when the dispensing occurs. All applicable fueling information shall
be electronically transmitted to the County on a daily basis.
The Contractor fuel dispensing vehicle shall dispense fuel obtained directly from the
terminal and not from a secondary fuel storage site.
Fueling locations for the vehicles shall be communicated to the Contractor as applicable
to facilitate the fueling activities. At the time of this solicitation, the current afterhours fuel
delivery site for designated County vehicles is 8100 Presidents Dr., Orlando, FL.
Addresses for the fueling of designated County vehicles may be added, deleted or
changed as necessary.
Page 34
SECTION 4
BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain
terms and conditions that conflict with those listed in the County's bid documents(s). Inclusion
of additional terms and conditions such as those which may be on your company's standard
forms shall result in your bid being declared non -responsive as these changes will be
considered a counteroffer to the County's bid.
Page 35
STATEMENT OF NO -BID
The Procurement Division is committed to continuously improve its processes and our goal is to
receive maximum participation from the vendor community. If your firm chooses not to participate
in responding to this solicitation please email McIisa.Vergara(Wocfl.net, referencing the IFB
number, and briefly explain why the decision was made to not participate.
SUBMITTAL LABEL:
All submittals, should use the hard -copy label below and place on front of their outermost sealed
envelope/package.
DO NOT OPEN - SEALED RESPONSES - DO NOT OPEN
RESERVED FOR PUBLIC BID OPENING
Company:
Contact Name:
Contact Phone/ Email:
Address:
CONTACT:
IFB NUMBER:
TITLE:
BID DUE DATE:
MELISA VERGARA
Y18-1124-MV
MOTOR FUELS — TANKWAGON DELIVERIES
DELIVER TO:
ORANGE COUNTY PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 E. SOUTH STREET, 2ND FLOOR
ORLANDO, FL 32801.
Page 36
QUALIFICATION OF BIDDERS
BID PACKAGE REQUIREMENTS:
The County reserves the right, before award, to require a bidder to submit evidence of
qualifications as the County deems necessary to determine the ability of the Bidder to
perform. Acceptable evidence, may include but may not be limited to: financial
information, past performance, and technical information.
The determination on whether a bidder is responsible or not shall be at the sole discretion
of the County. Although the County may request the submission of a minimum number of
contracts similar to the requirements of this solicitation with certain minimum dimensions,
quantities, dollar values, etc., the County's determination of a bidder's responsibility shall
not be solely based on the number of similar procurements the bidder provides but the
entirety of the bidder's qualifications.
The Bidder shall submit the following information with the bid:
[ ] 1. List and brief description of work substantially similar in scope and
magnitude satisfactorily completed with location, dates of contract, names,
addresses, email addresses and telephone numbers of owners by
completing the attached reference sheets, the same client entity shall not
be used more than once.
2. Listing of sub -contractors on the Schedule of Sub -Contractors form and a
listing of what those sub -contractors will be providing in the way of products
and services to Orange County on a separate sheet of letterhead stationery.
3. Listing of Contractor's personnel by name, title, telephone number and e-
mail address, who will be responsible for the Orange County account
including ordering and invoicing.
4. Provide a copy of the latest registration(s) with the Florida Division of
Corporations demonstrating the bidder can lawfully conduct business in the
State of Florida.
5.
6.
7.
8.
9.
10
[ l 12.
Page 37 -
Copies of all applicable licenses.
Bid Response Form
Authorized Signatories/Negotiators
Drug -Free Workplace
Schedule of Sub -contracting
Conflict/Non-Conflict of Interest Form
E-Verification Certification
Current W9
Relationship Disclosure Form
Orange County Specific Project Expenditure Report.
Agent Authorization Form (if Applicable)
Leased Employee Affidavit (if Applicable)
Certification Regarding Lobbying For Contracts (if Applicable)
Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for
Health and Human Services funds) with attached documentation
evidencing affirmative steps.
Information for determing Joint Venture Eligibility
Contract Y18-1124, Counterpart (1), signed without exception to terms and
conditions. Counteroffers shall not be allowed.
Page 38
BID RESPONSE FORM
IFB #Y18-1124-MV
All charges including, but not limited to, drop charges, pump charges, split delivery
charges and/or minimum freight charges shall be included in the discount or mark-up from
the OPIS price. There are no, and shall not be, provisions for added charges. For bid
evaluation purposes the estimated annual usage for Orange County as specified in
"Delivery Schedule A" shall be utilized to determine the low bidder, items with no
estimated quantity shall be evaluated at a quantity of one (1) gallon.
CHECK INDICATOR BOX FOR FIXED DISCOUNT (-) OR MARK-UP(+) PRICE PER GALLON
THIS AMOUNT SHALL BE SUBTRACTED FROM OR ADDEDTO THE OPIS AVERAGE
PRICE(S) PER GALLON POSTED FOR THE TAFT TERMINAL
ITEM
NO. DESCRIPTION
1. 87 Octane gasoline, as specified
2. 89 Octane gasoline, as specified
3. 93 Octane gasoline, as specified
4. Undyed Diesel fuel, as specified
5. Dyed Diesel fuel, as specified
Company Name
$ per gallon
❑ Mark-up or ❑ Mark-down
$ per gallon
❑ Mark-up or ❑ Mark-down
$ per gallon
❑ Mark-up or ❑ Mark-down
$ per gallon
❑ Mark-up or ❑ Mark-down
$ per gallon
❑ Mark-up or ❑ Mark-down
IMPORTANT NOTE: When completing your bid, do not attach any forms which may
contain terms and conditions that conflict with those listed in the County's bid
documents(s). Inclusion of additional terms and conditions such as those which
may be on your company's standard forms shall result in your bid being declared
non -responsive as these changes will be considered a counteroffer to the County's
bid.
Delivery shall be not later than two (2) calendar days After Receipt of Order (ARO) per
Special Terms and Conditions.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Senior
Purchasing Agent, at Melisa.Vergara(Docfl.net
Page 39
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#:
(Street No. or P.O. Box Number)
(County) (State)
Contact Person:
Phone Number:
Email Address:
Emergency Contact Person:
Telephone Number:
D-U-N-S® #
(Street Name) (City)
Fax Number:
EMERGENCY CONTACT
Residence Telephone Number:
ACKNOWLEDGEMENT OF ADDENDA
(Zip Code)
Cell Phone Number:
Email:
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by
completing the blocks below or by completion of the applicable information on the
addendum and returning it not later than the date and time for receipt of the bid. Failure
to acknowledge an addendum that has a material impact on this solicitation may
negatively impact the responsiveness of your bid. Material impacts include but are not
limited to changes to specifications, scope of work/services, delivery time, performance
period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No. , Date
Addendum No. , Date
Addendum No. , Date
Addendum No. , Date
Page 40
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate
and/or sign contracts and related documents to which the bidder will be duly bound.
Principal is defined as an employee, officer or other technical or professional in a position
capable of substantially influencing the development or outcome of an activity required to
perform the covered transaction.
Name Title Telephone Number/Email
(Signature)
(Title)
(Name of Business)
(Date)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship Partnership Non -Profit
Joint Venture* Corporation
State of Incorporation:
Principal Place of Business (Florida Statute Chapter 607):
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA
DIVISION OF CORPORATIONS.
Federal I.D. number is:
Joint venture firms must complete and submit with their Bid Response the form titled "Information for
Determining Joint Venture Eligibility', and a copy of the formal agreement between all joint venture
parties. This joint venture agreement must indicate the parties'respective roles, responsibilities and levels
of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain and
maintain all contractually required insurance in the name of the Joint Venture as required by the
Contract. Individual insurance in the name of the parties to the Joint venture will not be
accepted. Failure to timely submit the required form along with an attached written copy of the joint
venture agreement may result in disqualification of your Bid Response
Page 41
REFERENCES
List three (3) clients during the past ten (10) years for which you provided a comparable
amount of goods or services substantially similar to those specified in the solicitation in
the spaces provided below. Provide the Company name, contact person, address, email
address, telephone number, and date services were performed, as described. The same
client entity shall not be used more than once.
1. Company Name:
Owner's Name:
Description of goods or services
provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
2. Company Name:
Owner's Name:
Description of goods or services
provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Page 42
Telephone Number:
Email Address:
3. Company Name:
Owner's Name:
Description of goods or services
provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 43
DRUG -FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
does:
Name of Business
Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the workplace and specifying the actions that will be taken against employees
for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, employee assistance programs and the penalties that
may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of Florida
Statute 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with
above requirements.
Bidder's Signature
Date
SCHEDULE OF SUBCONTRACTING, IFB NO. Y18-1124-MV
As specified in the General Terms and Conditions and in the Special Terms and Conditions, bidders are to present the details
of subcontractor participation.
Name Of Subcontractor Address Type of Work to Percent and dollar amount of
be Performed Contract Amount to be
Subcontracted
Company Name:
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
[ ] To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
xv
[ ] The undersigned bidder, by attachment to this form, submits information
which may be a potential conflict of interest due to other clients, contracts, or
property interest for this project.
LITIGATION STATEMENT
CHECK ONE
[ ] The undersigned bidder has had no litigation and/or judgments entered
against it by any local, state or federal entity and has had no litigation and/or
judgments entered against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments
entered by or against any local, state or federal entity, by any state or federal
court, during the past ten (10) years.
COMPANY NAME
AUTHORIZED SIGNATURE
NAME (PRINT OR TYPE)
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid.
Likewise, failure to provide documentation of a possible conflict of interest, or a summary
of past litigation and/or judgments, may result in disqualification of your bid.
E VERIFICATION CERTIFICATION
Contract No.Y18-1124-MV
I hereby certify that I will utilize the U.S. Department of Homeland Security's E-Verify
system in accordance with the terms governing the use of the system to confirm the
employment eligibility of the individuals classified below. In accordance with s. 837.06,
Florida Statutes, I understand and acknowledge that whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his
or her official duties shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida statutes.
All persons, including subcontractors and their workforce, who will perform work under
Contract No.Y18-1124-MV, Motor Fuels — Tankwagon Deliveries, within the state of
Florida.
NAME OF CONTRACTOR:
ADDRESS OF CONTRACTOR:
AUTHORIZED SIGNATURE:
TITLE:
DATE:
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY BIDDER
For procurement items that will come before the Board of County Commissioners for final
approval, this form shall be completed by the Bidder and shall be submitted to the
Procurement Division by the Bidder.
In the event any information provided on this form should change, the Bidder must file an
amended form on or before the date the item is considered by the appropriate board or
body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone
Facsimile:
INFORMATION ON BIDDER'S AUTHORIZED AGENT, IF APPLICABLE:
(Agent Authorization Form also required to be attached)
Name of Bidder's Authorized Agent:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone:
Facsimile
Page 1
Part II
IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC?
YES NO
IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER'S EMPLOYEE?
YES NO
IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE
OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY
MEMBER OF THE BCC?
YES NO
If you responded "YES" to any of the above questions, please state with whom and
explain the relationship.
(Use additional sheets of paper if necessary)
Page 2
Part III
ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED
I hereby certify that information provided in this relationship disclosure form is true and
correct based on my knowledge and belief. If any of this information changes, I further
acknowledge and agree to amend this relationship disclosure form prior to any meeting
at which the above -referenced project is scheduled to be heard. In accordance with s.
837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes
a false statement in writing with the intent to mislead a public servant in the performance
of his or her official duty shall be guilty of a misdemeanor in the second degree,
punishable as provided in s. 775.082 or s. 775.083, Florida Statutes.
Signature of Bidder
Printed Name and Title of Person completing this form:
STATE OF
COUNTY OF
Date
I certify that the foregoing instrument was acknowledged before me this
day of , 20 by_
personally known to me or has produced.
identification and did/did not take an oath.
He/she is
as
Witness my hand and official seal in the county and state stated above on
the day of , in the year
Signature of Notary Public
(Notary Seal) Notary Public for the State of
My Commission Expires:
Staff signature and date of receipt of form
Staff reviews as to form and does not attest to the accuracy or veracity of the
information provided herein.
Page 3
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
RELATIONSHIP DISCLOSURE FORM
Updated 6-28-11
WHAT IS THE RELATIONSHIP DISCLOSURE FORM?
The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form created
pursuant to the County's Local Code of Ethics, codified at Article XIII of Chapter 2 of the
Orange County Code, to ensure that all development -related items and procurement
items presented to or filed with the County include information as to the relationship, if
any, between the applicant and the County Mayor or any member of the Board of County
Commissioners (BCC). The form will be a part of the backup information for the
applicant's item.
WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS?
Form OC CE 2D is used only for development -related items, and form OC CE 2P is used
only for procurement -related items. The applicant needs to complete and file the form that
is applicable to his/her case.
WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM?
Form OC CE 2D should be completed and filed by the owner of record, contract
purchaser, or authorized agent. Form OC CE 2P should be completed and filed by the
bidder, offeror, quoter, or respondent, and, if applicable, their authorized agent. In all
cases, the person completing the form must sign the form and warrant that the information
provided on the form is true and correct.
WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM?
The relationship disclosure form needs to disclose pertinent background information
about the applicant and the relationship, if any, between, on the one hand, the applicant
and, if applicable, any person involved with the item, and on the other hand, the Mayor or
any member of the BCC.
In particular, the applicant needs to disclose whether any of the following relationships
exist: (1) the applicant is a business associate of the Mayor or any member of the BCC;
(2) any person involved with the approval of the item has a beneficial interest in the
outcome of the matter and is a business associate of the Mayor or any member of the
BCC; (3) the applicant is a relative of the Mayor or any member of the BCC; or (4) the
Mayor or any member of the BCC is an employee of the applicant. (See Section 2-454,
Orange County Code.)
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Applicant means, for purposes of a development -related project, the owner, and, if
applicable, the contract purchaser or owner's authorized agent. Applicant means, for
purposes of a procurement item, the bidder, offeror, quoter, respondent, and, if
applicable, the authorized agent of the bidder, offeror, quoter, or respondent.
Business associate means any person or entity engaged in or carrying on a business
enterprise with a public officer, public employee, or candidate as a partner, joint venture,
corporate shareholder where the shares of such corporation are not listed on any
national or regional stock exchange, or co-owner of property. In addition, the term
Page 1
includes any person or entity engaged in or carrying on a business enterprise, or
otherwise engaging in common investment, with a public officer, public employee, or
candidate as a partner, member, shareholder, owner, co-owner, joint venture partner, or
other investor, whether directly or indirectly, whether through a Business Entity or through
interlocking Parent Entities, Subsidiary Entities, or other business or investment scheme,
structure, or venture of any nature. (See Section 112.312(4), Florida Statutes, and
Section 2-452(b), Orange County Code.)
Employee means any person who receives remuneration from an employer for the
performance of any work or service while engaged in any employment under any
appointment or contract for hire or apprenticeship, express or implied, oral or written,
whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and
minors. (See Section 440.02(15), Florida Statutes.)
Relative means an individual who is related to a public officer or employee as father,
mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband,
wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother,
half-sister, grandparent, great grandparent, grandchild, great grandchild, step
grandparent, step great grandparent, step grandchild, step great grandchild, person who
is engaged to be married to the public officer or employee or who otherwise holds himself
or herself out as or is generally known as the person whom the public officer or employee
intends to marry or with whom the public officer or employee intends to form a household,
or any other natural person having the same legal residence as the public officer or
employee. (See Section 112.312(21), Florida Statutes.)
DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF
INFORMATION CHANGES?
Yes. It remains a continuing obligation of the applicant to update this form whenever any
of the information provided on the initial form changes.
WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT
UPDATES NEED TO BE FILED?
For a development -related item, the Relationship Disclosure Form and any update need
to be filed with the County Department or County Division where the applicant filed the
application. For a procurement item, the Relationship Disclosure Form and any update
need to be filed with the Procurement Division.
WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED TO
BE FILED?
In most cases, the initial form needs to be filed when the applicant files the initial
development -related project application or initial procurement -related forms. However,
with respect to a procurement item, a response to a bid will not be deemed unresponsive
if this form is not included in the initial packet submitted to the Procurement Division.
If changes are made after the initial filing, the final, cumulative Relationship Disclosure
Form needs to be filed with the appropriate County Department or County Division
processing the application not less than seven (7) days prior to the scheduled BCC
agenda date so that it may be incorporated into the BCC agenda packet. When the
matter is a discussion agenda item or is the subject of a public hearing, and an update
has not been made at least 7 days prior to BCC meeting date or is not included in the
BCC agenda packet, the applicant is obligated to verbally present such update to the
Page 2
BCC when the agenda item is heard or the public hearing is held. When the matter is a
consent agenda item and an update has not been made at least 7 days prior to the BCC
meeting or the update is not included in the BCC agenda packet, the item will be pulled
from the consent agenda to be considered at a future meeting.
WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM AND ANY UPDATES?
The information disclosed on this form and any updates will be a public record as defined
by Chapter 119, Florida Statutes, and may therefore be inspected by any interested
person. Also, the information will be made available to the Mayor and the BCC members.
This form and any updates will accompany the information for the applicant's project or
item.
However, for development -related items, if an applicant discloses the existence of one or
more of the relationships described above and the matter would normally receive final
consideration by the Concurrency Review Committee or the Development Review
Committee, the matter will be directed to the BCC for final consideration and action
following committee review.
CONCLUSION:
We hope you find this FAQ useful to your understanding of the Relationship Disclosure
Form. Please be informed that if the event of a conflict or inconsistency between this FAQ
and the requirements of the applicable ordinance or law governing relationship
disclosures, the ordinance or law controls.
Also, please be informed that the County Attorney's Office is not permitted to render legal
advice to an applicant or any other outside party. Accordingly, if the applicant or an
outside party has any questions after reading this FAQ, he/she is encouraged to contact
his/her own legal counsel.
Page 3
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shall be completed in full and filed with all application
submittals. This form shall remain cumulative and shall be filed with the department processing
your application. Forms signed by a principal's authorized agent shall include an executed
Agent Authorization Form.
This is the initial Form:
This is a Subsequent Form:
Part I
Please complete all of the following:
Name and Address of Principal (legal name of entity or owner per Orange County tax rolls):
Name and Address of Principal's Authorized Agent, if applicable:
List the name and address of all lobbyists, Contractors, contractors, subcontractors,
individuals or business entities who will assist with obtaining approval for this project.
(Additional forms may be used as necessary.)
Name and address of individual or business entity:
Are they registered Lobbyist? Yes or No
2. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
3. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
4. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
5. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
6. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
7. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
8. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
Page 1
Part II
Expenditures:
For this report, an "expenditure" means money or anything of value given by the principal and/or
his/her lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code.
This may include public relations expenditures including, but not limited to, petitions, fliers,
purchase of media time, cost of print and distribution of publications. However, the term
"expenditure" does not include:
•Contributions or expenditures reported pursuant to chapter 106, Florida Statutes;
*Federal election law, campaign -related personal services provided without
compensation by individuals volunteering their time;
•Any other contribution or expenditure made by or to a political party;
*Any other contribution or expenditure made by an organization that is exempt from
taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida
Statutes; and/or
•Professional fees paid to registered lobbyists associated with the project or item.
The following is a complete list of all lobbying expenditures and activities (including those of
lobbyists, contractors, Contractors, etc.) incurred by the principal or his/her authorized agent and
expended in connection with the above -referenced project or issue. You need not include de
minimus costs (under $50) for producing or reproducing graphics, aerial photographs,
photocopies, surveys, studies or other documents related to this project.
Date of
Expenditure
Name of Party
Incurring
Expenditure
Description of Activity
Amount Paid
TOTAL EXPENDED THIS
REPORT
$
Page 2
Part III
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure report is true and
correct based on my knowledge and belief. I acknowledge and agree to comply with the
requirement of section 2-354, of the Orange County code, to amend this specific project
expenditure report for any additional expenditure(s) incurred relating to this project prior to the
scheduled Board of County Commissioner meeting. I further acknowledge and agree that
failure to comply with these requirements to file the specific expenditure report and all
associated amendments may result in the delay of approval by the Board of County
Commissioners for my project or item, any associated costs for which I shall be held
responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge
that whoever knowingly makes a false statement in writing with the intent to mislead a public
servant in the performance of his or her official duty shall be guilty of a misdemeanor in the
second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes.
Date Signature of o Principal or o Principal's Authorized Agent
(check appropriate box)
Printed Name and Title of Person completing this form:
STATE OF
COUNTY OF
I certify that the foregoing instrument was acknowledged before me this
day of , 20 by _
personally known to me or has produced _
identification and did/did not take an oath.
He/she is
as
Witness my hand and official seal in the county and state stated above on
the day of
in the year
Signature of Notary Public
(Notary Seal) Notary Public for the State of
My Commission Expires:
Staff signature and date of receipt of form
Staff reviews as to form and does not attest to the accuracy or veracity of the
information provided herein.
Page 3
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
SPECIFIC PROJECT EXPENDITURE REPORT
Updated 3-1-11
WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT (SPR)?
A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b)
of the Orange County Lobbying Ordinance, codified at -Article X of Chapter 2 of the
Orange County Code, reflecting all lobbying expenditures incurred by a principal and
their authorized agent(s) and the principal's lobbyist(s), contractor(s), subcontractor(s),
and Contractor(s), if applicable, for certain projects or issues that will ultimately be
decided by the Board of County Commissioners (BCC).
Matters specifically exempt from the SPR requirement are ministerial items, resolutions,
agreements in settlement of litigation matters in which the County is a party, ordinances
initiated by County staff, and some procurement items, as more fully described in 2.20 of
the Administrative Regulations.
Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying need
not be disclosed on this form. (See Section 2-354(b), Orange County Code.)
WHO NEEDS TO FILE THE SPR?
The principal or his/her authorized agent needs to complete and sign the SPR and warrant
that the information provided on the SPR is true and correct.
A principal that is a governmental entity does not need to file an SPR.
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Expenditure means "a payment, distribution, loan, advance, reimbursement, deposit, or
anything of value made by a lobbyist or principal for the purpose of lobbying. This may
include public relations expenditures (including but not limited to petitions, flyers,
purchase of media time, cost of print and distribution of publications) but does not include
contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, or
federal election law, campaign -related personal services provided without compensation
by individuals volunteering their time, any other contribution or expenditure made by or to
a political party, or any other contribution or expenditure made by an organization that is
exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4)." (See Section 112.3215,
Florida Statutes.) Professional fees paid by the principal to his/her lobbyist for the
purpose of lobbying are not deemed to be "expenditures." (See Section 2-354, Orange
County Code.)
Lobbying means seeking "to encourage the approval, disapproval, adoption, repeal,
rescission, passage, defeat or modification of any ordinance, resolution, agreement,
development permit, other type of permit, franchise, vendor, Contractor, contractor,
recommendation, decision or other foreseeable action of the [BCC]," and "include[s] all
communications, regardless of whether initiated by the lobbyist or by the person being
lobbied, and regardless of whether oral, written or electronic." (See Section 2-351,
Orange County Code.) Furthermore, lobbying means communicating "directly with the
County Mayor, with any other member of the [BCC], or with any member of a procurement
committee." (See Section 2-351, Orange County Code.) Lobbying also
Page 1
means communicating "indirectly with the County Mayor or any other member of the
[BCC]" by communicating with any staff member of the Mayor or any member of the BCC,
the county administrator, any deputy or assistant county administrator, the county
attorney, any county department director, or any county division manager. (See Section
2-351, Orange County Code.) Lobbying does not include the act of appearing before a
Sunshine Committee, such as the Development Review Committee or the Roadway
Agreement Committee other than the BCC.
Principal means "the person, partnership, joint venture, trust, association, corporation,
governmental entity or other entity which has contracted for, employed, retained, or
otherwise engaged the services of a lobbyist." Principal may also include a person,
partnership, joint venture, trust, association, corporation, limited liability corporation, or
other entity where it or its employees do not qualify as a lobbyist under the definition set
forth in Section 2-351 of the Orange County Code but do perform lobbying activities on
behalf of a business in which it has a personal interest.
DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES?
Yes. It remains a continuing obligation of the principal or his/her authorized agent to
update the SPR whenever any of the information provided on the initial form changes.
WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED?
The SPR needs to be filed with the County Department or County Division processing the
application or matter. If and when an additional expenditure is incurred subsequent to
the initial filing of the SPR, an amended SPR needs to be filed with the County
Department or County Division where the original application, including the initial SPR,
was filed.
WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED?
In most cases, the initial SPR needs to be filed with the other application forms. The SPR
and any update must be filed with the appropriate County Department or County Division
not less than seven (7) days prior to the BCC hearing date so that they may be
incorporated into the BCC agenda packet. (See Section 2-354(b), Orange County Code.)
When the matter is a discussion agenda item or is the subject of a public hearing, and
any additional expenditure occurs less than 7 days prior to BCC meeting date or updated
information is not included in the BCC agenda packet, the principal or his/her authorized
agent is obligated to verbally present the updated information to the BCC when the
agenda item is heard or the public hearing is held. When the matter is a consent agenda
item and an update has not been made at least 7 days prior to the BCC meeting or the
update is not included in the BCC agenda packet, the item will be pulled from the consent
agenda to be considered at a future meeting.
WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR
AND ANY UPDATES?
The information disclosed on the SPR and any updates will be a public record as defined
by Chapter 119, Florida Statutes, and therefore may be inspected by any interested
person. Also, the information will be made available to the Mayor and the BCC members.
This information will accompany the other information for the principal's project or item.
Page 2
CONCLUSION:
We hope you find this FAQ useful to your understanding of the SPR. Please be informed
that in the event of a conflict or inconsistency between this FAQ and the requirements of
the applicable ordinance governing specific project expenditure reports, the ordinance
controls.
Also, please be informed that the County Attorney's Office is not permitted to render legal
advice to a principal, his/her authorized agent, or any other outside party. Accordingly, if
after reading this FAQ the principal, his/her authorized agent or an outside party has any
questions, he/she is encouraged to contact his/her own legal counsel.
Page 3
AGENT AUTHORIZATION FORM
I/We, (Print Bidder name) Do
hereby authorize (print agent's name), , to
act as my/our agent to execute any petitions or other documents necessary to affect the
CONTRACT approval PROCESS more specifically described as follows, (IFB NUMBER,
AND TITLE) , and to appear on my/our behalf
before any administrative or legislative body in the county considering this CONTRACT
and to act in all respects as our agent in matters pertaining TO THIS CONTRACT.
Signature of Bidder
STATE OF
COUNTY OF
Date
I certify that the foregoing instrument was acknowledged before me this
day of , 20 by He/she is
personally known to me or has produced as
identification and did/did not take an oath.
Witness my hand and official seal in the county and state stated above on
the day of , in the year
(Notary Seal)
Signature of Notary Public
Notary Public for the State
of
My Commission
Expires: _
LEASED EMPLOYEE AFFIDAVIT
I affirm that an employee leasing company provides my workers' compensation
coverage. I further understand that my contract with the employee leasing company limits
my workers' compensation coverage to enrolled worksite employees only. My leasing
arrangement does not cover un-enrolled worksite employees, independent contractors,
uninsured sub -contractors or casual labor exposure.
I hereby certify that 100% of my workers are covered as worksite employees with the
employee leasing company. I certify that I do not hire any casual or uninsured labor outside
the employee leasing arrangement. I agree to notify the County in the event that I have any
workers not covered by the employee leasing workers' compensation policy. In the event
that I have any workers not subject to the employee leasing arrangement, I agree to obtain
a separate workers' compensation policy to cover these workers. I further agree to provide
the County with a certificate of insurance providing proof of workers' compensation coverage
prior to these workers entering any County jobsite.
I further agree to notify the County if my employee leasing arrangement terminates
with the employee leasing company and I understand that I am required to furnish proof of
replacement workers' compensation coverage prior to the termination of the employee
leasing arrangement.
I certify that I have workers' compensation coverage for all of my workers through the
employee leasing arrangement specified below:
Name of Employee Leasing Company:
Workers' Compensation Carrier:
A.M. Best Rating of Carrier:
Inception Date of Leasing Arrangement:
I further agree to notify the County in the event that I switch employee -leasing
companies. I recognize that I have an obligation to supply an updated workers'
compensation certificate to the County that documents the change of carrier.
Name of Contractor:
Signature of Owner/Officer:
Title: Date:
CERTIFICATION REGARDING LOBBYING FOR CONTRACTS,
GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
APPENDIX A, 44 C.F.R. PART 18
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.
In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,
apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
AFFIDAVIT OF COMPLIANCE
WITH 2 CFR V00.321 REQUIREMENTS
(OR 45 C.F.R. $75.330 FOR HEALTHAND HUH" SERHCES FUNDS)
in my capacity as
(First and Last Name) (Company Title/Position)
am authorized to sign on behalf of, and fully bind,
(Company Name)
(the "Prime Contractor"). Accordingly, on behalf of the Prime Contractor, I swear to, and affirm,
the following:
1. Qualified small and minority businesses, and women's business enterprises,
(Initial) were, and will continue to be, placed on all of the Prime Contractor's
solicitation lists.
2. The Prime Contractor solicited, and will continue to solicit, small and minority
(Initial) businesses, and women's business enterprises, when they were/are potential
sources.
3. Based on the Prime Contractor's experience and expertise, the total
(initial) requirements of the project were, and will continue to be, divided — when
economically feasible — into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business
enterprises.
4. The Prime Contractor has and/or will establish delivery schedules that will
(Initial) encourage participation of small and minority business, and women's business
enterprises.
5. The Prime Contractor has and/or will use the services and assistance, as
(Initial) appropriate, of such organizations as the Small Business Administration and
the Minority Business Development Agency of the Department of Commerce.
6. I understand that if the Prime Contractor fails to submit the documentation
(Initial) required in SECTION 1, GENERAL TERMS AND CONDITIONS, SMALL
AND MINORITY BUSINESS ENTERPRISE (MBE), WOMEN BUSINESS
ENTERPRISES (WBE), AND LABOR SURPLUS AREA FIRMS of these bid
documents as attachments to this Affidavit of Compliance, that the Prime
Contractor's bid will be considered non -responsive.
7. I affirm that all the documentation attached to this Affidavit of Compliance
(Initial) reflect true and accurate records that have not in any way been altered.
8. I understand that, should the Prime Contractor be the awarded the contract that
(initial) this affidavit will continue to be considered binding for the duration of the
proj ect.
9. I understand that false statements on this Affidavit of Compliance may result
(initial) in criminal prosecution for a felony of the third degree as provide for in
§92.525(3), Florida Statutes.
I swear and affirm that the above and foregoing representations are true and correct to
the best of my information, knowledge, and belief.
Signature
Printed Name
Official Title
STATE OF
COUNTY OF
Date
The foregoing instrument was acknowledged before me this day of
20 , by
of
M
(Name of officer or agent, Title) (Name of company) (State)
corporation, on behalf of the corporation.
(Seal)
Personally Known [ ] or Produced Identification [ ]
Type of Identification Produced:
Signature Notary Public
Print, Type/Stamp Name of Notary
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the bidder is submitting as a joint venture, please be advised that this form MUST be
completed and the REQUESTED written joint -venture agreement MUST be attached and
submitted with this form.
HOWEVER, IF THE BIDDER IS NOT A JOINT VENTURE, CHECK THE FOLLOWING
BLOCK: ( ) NOT APPLICABLE
1. Name of joint venture:
2. Address of joint venture:
3. Phone number of joint venture:
4. Identify the firms which comprise the joint venture:
5. Describe the role of the MWBE / Labor Surplus Area(LSA) Firm (if applicable) in
the joint venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. What is the claimed percentage of ownership and identify any MWBE/LSA
partners (if applicable)?
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY — PAGE 2
8. Ownership of joint venture: (This need not be filled in if described in the joint
venture agreement provided by question 6.)
(a) Profit and loss sharing:
(b) Capital contributions, including equipment:
(c) Other applicable ownership interests:
9. Control of and participation in this contract. Identify by name, race, sex, and
"firm" those individuals (and their titles) who are responsible for day-to-day
management and policy decision making, including, but not limited to, those with
prime responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY — PAGE 3
(4) Purchasing of major items or supplies:
(c) Supervision of field operations:
NOTE: If, after filing this form and before the completion of the joint venture's work on
the subject contract, there is any significant change in the information
submitted, the joint venture must inform the County in writing.
Joint venture must be properly registered with the Florida Division of
Corporations before the contract award and the name of the Joint Venture
must be the same name used in the Bid Response.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include
all material information necessary to identify and explain the terms and operation of our
joint venture and the intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to the County current, complete
and accurate information regarding actual joint venture work and the payment therefore
and any proposed changes in any of the joint venture. Also, permit authorized
representatives of the County to audit and examine records of the joint venture. Any
material misrepresentation will be grounds for terminating any contract which may be
awarded and for initiating action under Federal or State laws concerning false
statements."
Name of Firm:
Signature:
Name:
Title:
Date:
Name of Firm:
Signature:
Name:
Title:
Date:
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY — PAGE 4
Date
State of
County of
AFFIDAVIT
On this day of , 20 , before me appeared (name)
, to me personally known, who being duly sworn, did
execute the foregoing affidavit, and did state that he or she was properly authorized by
(name of firm) to execute the
affidavit and did so as his or her free act and deed.
Notary Public
Commission Expires
(Seal)
Date
State of
County of
On this day of , 20 , before me appeared
(name), to me personally known, who being duly sworn,
did execute the foregoing affidavit, and did state that he or she was properly authorized
by (name of firm) to execute
the affidavit and did so as his or her free act and deed.
Notary Public
Commission Expires
(Seal)
ORANGE COUNTY BOARD OF Procurement Division
COUNTY COMMISSIONERS
CONTRACT NO. Y18-1124-MV
MOTOR FUELS — TANKWAGON DELIVERIES
This contract is not valid unless bilaterally executed. Subject to mutual agreement the
Orange County Board of County Commissioners hereby enters into a contract subject
to the following:
Ordering against Contract:
A. Unless otherwise specified in the Invitation for Bids, the County will place
orders by issuance of a numbered Delivery Order against this contract.
Each Delivery Order will specify the quantity, description and location for
deliver.
B. The obligations of Orange County under this contract are subject to need
and availability of funds lawfully appropriated for its purpose by the Board
of County Commissioners or other funding source as specified in the
terms and conditions.
2. Taxes:
The County has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions under
Chapter 32, Internal Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C-
0.
3. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract number
and the Delivery Order to:
Orange County Fleet Management Division
4400 S. Vineland Rd.
Orlando, FL 32811
Phone 407-836-8210
B. Invoices against this contract are authorized only at the prices stated in
your bid response, unless otherwise provided in the Invitation for Bids.
Page 1
4. Counterpart (1):
Bidder's Irrevocable Offer and Acceptance
A. The Bidder hereby submits an irrevocable offer in response to Invitation
for Bids No. Y18-1124-MV, MOTOR FUELS — TANKWAGON
DELIVERIES - Term Contract, subject to all general terms and conditions
and special terms and conditions therein without exception.
B. All requirements contained in any addenda to the solicitation for this
procurement are part of and hereby incorporated into this contract.
(COMPANY NAME)
BY: (Authorized Signatory
DATE:
NOTICES:
(Name)
(Title)
(Address)
(Address)
City, State Zip)
Phone)
Email)
5. Counterparts. This Agreement may be executed in two identical counterparts, all
of which shall be considered one and the same agreement and shall become
effective when both counterparts have been signed by each party and delivered to
the other party.
Counterpart (1) shall be executed by the bidder and included in the sealed bid
response.
Counterpart (2) may be executed by the County Procurement Division to formalize
Acceptance of Bidders Offer and Contract Award.
Page 2
6. Counterpart (2):
Orange County Board of County Commissioners Acceptance of Bidders Offer and
Contract Award
A. The County's acceptance of the Bidder's offer in response to our
Invitation for Bids No. Y18-1124-MV, MOTOR FUELS — TANKWAGON
DELIVERIES - Term Contract
B. This contract is effective EFFECTIVE DATE, and shall remain in effect
through EXPIRATION DATE.
C. The estimated contract award for the initial term of the contract is
C
D. This is a term contract for the time period specified in the referenced
Invitation for Bids, for the products/services covered by this contract. The
County is not obligated to purchase any minimum amount of products or
services, unless otherwise stipulated in the Invitation for Bids. The bidder
is granted authorization to proceed to perform services upon receipt of
duly executed Delivery Order.
E. This contract may be renewed upon mutual agreement as provided in the
Invitation for Bids. Any amendments to this contract must be in writing
and signed by both parties. Such amendment(s) must be signed by the
representative of the Orange County Procurement Division to be valid,
binding, and enforceable.
D. This contract may be cancelled or terminated as provided for in the
Invitation for Bids.
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
LO-0
Melisa Vergara, Senior Purchasing Agent
Procurement Division
DATE:
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2ND FLOOR
ORLANDO, FLORIDA 32801
(407) 836- 5635
Page 3
DELIVERY SCHEDULE A
Y18-1124-MV MOTOR FUELS - TANKWAGON DELIVERIES
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
ORANGE COUNTY GOVERNMENT
Estimated Annual Usage, Tank Wagon Deliveries
95,204, 87 Octane, E-10
516,195, Dyed ULS Diesel
4760 Sand Lake Rd., Orlando, FL
450
Dyed Diesel
A
1326 Good Homes Road, Orlando FL
550
87 Octane
B
1326 Good Homes Road
12,000
Dyed Diesel
B
5901 Young Pine Road, Orlando FL
1,000
87 Octane
A
5901 Young Pine Road
1,000
87 Octane
A
5901 Young Pine Road
10,000
Dyed Diesel
A
12100 Young Pine Road, Orlando FL
12,000
Dyed Diesel
A
12100 Young Pine Road, Orlando FL
12,000
Dyed Diesel
A
6590 Amory Ct., Winter Park, FL
7,200
Dyed Diesel
B
20 S. Hastings St., Orlando, FL
900
Dyed Diesel
A
6116 S. Apopka Vineland Rd., Orlando, FL
450
Dyed Diesel
A
1700 S. Apopka Vineland Rd., Orlando, FL
450
Dyed Diesel
A
4000 State Road 535, Winter Garden, FL
450
Dyed Diesel
A
12252 State Road 535, Orlando, FL
2,250
Dyed Diesel
B
540 E. Oakland Ave., Oakland, FL
450
Dyed Diesel
A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
5570 Beggs Rd., Orlando, FL
450
Dyed Diesel
A
4412 Fairview Dr., Orlando, FL
2,250
Dyed Diesel
B
900
87 Octane
B
5420 Silver Star Rd., Orlando, FL
2,250
Dyed Diesel
B
900
87 Octane
B
1415 29th St., Orlando, FL
2,250
Dyed Diesel
B
900
87 Octane
B
1700 W. Oak Ridge Rd., Orlando, FL
450
Dyed Diesel
A
4765 W. Sand Lake Rd., Orlando, FL
450
Dyed Diesel
A
1270 LaQuinta Dr., Orlando, FL
900
Dyed Diesel
B
900
87 Octane
B
6500 Central Florida Parkway, Orlando, FL
900
Dyed Diesel
B
900
87 Octane
B
13303 S. International Dr., Orlando, FL
450
Dyed Diesel
A
2900 Deeerfield Blvd., Orlando, FL
450
Dyed Diesel
A
4999 N. Orion Blvd., Orlando, FL
450
Dyed Diesel
A
1027 Wallace Rd., Orlando, FL
450
Dyed Diesel
A
4405 S. Goldenrod Rd., Orlando, FL
900
Dyed Diesel
B
900
87 Octane
B
3705 S. ConwayRd., Orlando, FL
2,250
Dyed Diesel
B
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
2700 N. Apopka Vineland Rd., Orlando FL
450
Dyed Diesel
A
1221 N. Ft. Christmas Rd., Orlando, FL
450
Dyed Diesel
A
11501 Moss Park Rd., Orlando, FL
450
Dyed Diesel
A
901 S. Econlockhatchee Trail, Orlando, FL
450
Dyed Diesel
A
3202 Babbitt Ave., Orlando, FL
450
Dyed Diesel
A
9150 Curry Ford Rd., Orlando, FL
2,000
Dyed Diesel
A .
8100 President's Dr., Orlando, FL
2,000
Dyed Diesel
A
60 Grand Cypress Blvd., Orlando, FL
1,000
Dyed Diesel
A
8943 Meadow Creek Blvd., Orlando, FL
2,000
Dyed Diesel
A
5707 Sea Harbor Dr., Orlando, FL
4,000
Dyed Diesel
A
1400 Water Plant Dr., Orlando, FL
6,000
Dyed Diesel
A
13421 Landstar Blvd., Orlando, FL
4,000
Dyed Diesel
A
2552 Lakeville Rd., Apopka, FL
6,000
Dyed Diesel
A
6,000
Dyed Diesel
A
7490 Conroy Windermere, Orlando, FL
500
Dyed Diesel
A
500
Dyed Diesel
A
20121 Apopka Vineland Rd., Orlando, FL.
4,000
Dyed Diesel
A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
9665 Lake Underhill Rd., Orlando, FL
2,000
Dyed Diesel
A
6350 Wadsworth Rd., Mt. Dora, FL
500
87 Octane
A
2248 Novella Eliza Ln., Apopka, FL
450
Dyed Diesel
A
7435 Winter Garden Vineland Rd., Winter Garden, FL
450
Dyed Diesel
A
1841 Bonneville, Dr., Orlando, FL
500
Dyed Diesel
A
2451 N. Dean Rd., Orlando, FL
60
Dyed Diesel
A
3535 Damon Rd., Orlando, FL
120
Dyed Diesel
A
400 E. Kelly Park Rd., Apopka, FL
60
Dyed Diesel
A
12901 Moss Park Rd., Orlando, FL
120
Dyed Diesel
A
11800 S. Orange Ave., Orlando, FL
60
Dyed Diesel
A
9800 International Dr., Orlando, FL (West Building)
5,000
Dyed Diesel
A
500
Dyed Diesel
A
500
Dyed Diesel
A
500
Dyed Diesel
A
500
Dyed Diesel
A
500
Dyed Diesel
A
500
Dyed Diesel
A
300
Dyed Diesel
A
300
Dyed Diesel
A
25
Dyed Diesel
A
25
Dyed Diesel
A
25
Dyed Diesel
A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
9860 International Dr., Orlando, FL (North/South Building)
10,000
Dyed Diesel
A
100
Dyed Diesel
A
100
Dyed Diesel
A
100
Dyed Diesel
A
100
Dyed Diesel
A
CITY OF ALTAMONTE SPRINGS
Estimated Annual Usage, Tank Wagon Deliveries
102,754, ULS Diesel
30,000, Dyed ULS Diesel
20,000, 87 Octane
225 Newburyport Ave. Altamonte Springs, FL Public Safety)
2,500
Dyed Diesel
B
225 Newburyport Ave. (Dome/Disp. Pump)
2,500
Dyed Diesel
B
950 Calabria Dr.
4,000
Diesel
B
950 Calabria Dr Main Generator)
5,000
Dyed Diesel
A
950 Calabria Dr.
10,000
87 Octane
B
497 West Dr., Altamonte Springs, FL
4,000
Diesel
B
497 West Dr.
10,000
87 Octane
B
497 West Dr. (Generator)
300
Dyed Diesel
A
401 E. Central Parkway, Altamonte Springs, FL
650
Dyed Diesel
A
423 Barclay Ave., Altamonte Springs, FL
1,000
Dyed Diesel
A
350 Haines St., Altamonte Springs, FL
800
Dyed Diesel
A
602 N. State Road 434, Altamonte Springs, FL
1,000
Dyed Diesel
A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
527 S. State Road 434, Altamonte Springs, FL
1,000
Dyed Diesel
A
875 Montgomery Rd., Altamonte Springs, FL
500
Dyed Diesel
A
800 Oakland Rd., Altamonte Springs, FL
3,000
Dyed Diesel
A
759 W. State Road 436, Altamonte Springs, FL
650
Dyed Diesel
A
1207 McNeil Rd., Altamonte Sr in s, FL
1,500
Dyed Diesel
A
952 Keller Rd., Altamonte Springs, FL
500
Dyed Diesel
A
831 Magnolia Rd., Altamonte Springs, FL
1,000
Dyed Diesel
A
831 Magnolia Rd.
500
Dyed Diesel
A
831 Magnolia Rd.
1,000
Dyed Diesel
A
709 E. Altamonte Dr., Altamonte Springs, FL
250
Dyed Diesel
A
950 Keller Rd., Altamonte Springs, FL
8,000
Dyed Diesel
A
347 Douglas Ave., Altamonte Springs, FL
500
Dyed Diesel
A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
CITY OF WINTER PARK
Estimated Annual Usage, Tank Wagon Deliveries
160,000, 87 Octane E-10
85,000, ULS Diesel
15,000, ULS Dyed Diesel
1409 Howell Branch Rd, Winter Park, FL 32789
10,000
87 Octane
B
10,000
ULS Diesel
B
500 N Virginia Ave, Winter Park, FL 32789
10,000
87 Octane
B
10,000
ULS Diesel
B
3400 Aloma Ave, Winter Park, FL 32792
10,000
ULS Dyed Diesel
A
1960 Magnolia Ave, Winter Park, FL 32792
5,200
ULS Dyed Diesel
A
511 W Swoope Ave, Winter Park, FL 32789
5,200
ULS Dyed Diesel
A
926 W more Rd, Winter Park, FL 32789
3,000
ULS Dyed Diesel
A
2655 Bon art Rd, Winter Park, FL 32792
2,000
ULS Dyed Diesel
A