The URL can be used to link to this page

Home My WebLink AboutItem #07 Approval of Fuel Vendor Contract with Lynch Oil Company center of GOOd 1../ "i.~e l'~ &~ AGENDA ITEM COVER SHEET Meeting Date: July 21, 2009 Item # 7 Contact Name: Contact Number: Stephen C. Krug 6002 Reviewed By: Department Director: City Manager: Subject: Fuel Vendor Contract with Lynch Oil Company. Background Summary: The City has been purchasing fuel through a County agreement. In an effort to reduce costs and formalize our purchasing procedure, the Public Work's Fleet Division has investigated alternate fuel vendors. By utilizing an existing City of Apopka contract with Lynch Oil Company, we have secured pricing that is two to five cents per gallon below our current source, along with a savings in oils and lubricants, that can produce up to $15,000.00 savings based on our annual fuel consumption. The City will also receive the following benefits by contracting with Lynch Oil Company: . Installation & maintenance of electronic inventory control system at Public Works and Fire Stations 1, 2 & 3. . All deliveries monitored and archived through the inventory control system. . Emergency fueling for the entire City's generators and lift stations prior to storm events. Issue: Request the City Commission approve a contract with Lynch Oil Company to supply fuel, oil and lubricants based on the City Of Apopka Contract No.: 2009-01, Gasoline and Diesel Fuel Supply Bid. Recommendations Recommend the City Commission piggy back onto the City of Apopka contract No.: 2009-01, Gasoline and Diesel Fuel Supply Bid, with Lynch Oil to supply fuel, oil and lubricants in order to reduce the City's costs for the not to exceed amount of $250,000.00. Attachments: City of Apopka Contract No.: 2009-01, Gasoline and Diesel Fuel Supply Bid. Lynch Oil Company quote for City of Ocoee. Financial Impact: The contract with Lynch Oil Company is adequately funded through the fuel, oil and lubricant line items in the budget. Type of Item: (please mark with an "x'J Public Hearing Ordinance First Reading Ordinance Second Reading Resolution x Commission Approval Discussion & Direction For Clerk's Deot Use: Consent Agenda Public Hearing Regular Agenda Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ']j ~f tr N/A N/A N/A 2 J I Memorandum To: Steve Krug CC: From: Bill Simmons Date: 7/13/2009 Re: City fueling needs In response to the finance departments request to get our POL under someone's contract or bid it ourselves I have attached the following pricing agreement from Lynch oil. The benefits of this agreement are as follows. I. The city will save 2 or more cents per gallon on both gas and diesel over our current County agreement on average. 2. All of our lubricants will be of the same quality but less costly then our current vendor 3. Lynch oil will be replacing all of our current oil dispensing equipment and tanks with new 4. Lynch oil has agreed to provide standard and emergency fueling for the entire City's generators and lift stations. 1 "Fueling Your Success" Lynch Oil Company & Th e City Of Ocoee Bill, This letter is being sent for confirmation of contract number that you be a part of. The contract number is for the City of Apopka contract. All pricing for the City of Ocoee will be equal to or less than the pricing that is for the below contract. If you need anything else, please contact me. Thanks Again, Bill Hall Lynch Oil Company Contract # 2009-01 (City of Apopka) Approved - 03/2009 "F~ y~S~) Lynch Oil Company & The City Of Ocoee Contract # 2009-01 (City of Apopka) Approved - 03/2009 Page 1 *Benefits and Advantages 1. Our customerls satisfaction is our #1 priority. 2. Personalized services including periodic business evaluations. 3. State of the Art inventory control with web based Centeron Monitoring in each of your locations.(Public Works & Fire Stations 11 2 and 3.) 4. All deliveries monitored and archived through Symbology Systems Inc. 5. GPS enabled Fleet. 6. Annual customer appreciation events. 7. "Geo-FenceJJ tank & delivery protection. 8. Contracted natural disaster and emergency product fulfillment. 9. Competitive pricing. 10. Equipment support. Page 2 *AII oil equipment will be supplied by Lynch Oil Company on a Loan basis at n/c to the City of Ocoee. A. Oil Pricing 1. Shell Rimula Super 15w40 CJ-4 2. Shell Formula Shell10w30 3. Shell AW-68 Hyd. Oil B. Fuel 1. Onsite Fuel Pricing U/L 87 octane ULSD diesel 3-17-09 $1.88 p.g. $1.84 p.g 2. Lynch Oil Company Pricing 3-17-09 U/L 87 octane $1.90 p.g. ULSD diesel $1.83 p.g. $8.41 per gallon $6.71 per gallon $6.18 per gallon If' e v<:reJ! 5:'.e-Q.. () A~e~ Page 1 of 1 --. Simmons, Bill From: Bill Hall [bhall@lynchoilco.com] Sent: Monday, May 11,20099:31 AM To: Simmons, Bill Subject: Revised Fuel Pricing Bill;, After ~~ w~ yow 1.cv:rt" WeeAv, I ~ cv ~VYlf}' w~ I11:Y }tqJevvfM)r. W€/ CU"€/ ~t"o- ~ up youv pvl.dvLfr orv cv new Leve71 c;Ul; t"ogetheY. BeLow I C1A1'tI MwwLnfr yowthe- new pv~ Leve.L:r. W€/fee7;thctt- w~~pv~ wuctuY€/ ~ w~ouv ~u>>offey~thct;t- yow wfll, ve.aL0' "hcvv€/ cv cowtpLd"€/ p~ L~{ovwCU"cLt"o-the-p~ oppovtl.M1i;t'~ w~the- Cl-ty ()fOcoe.& Pv~fOr the-cwx€/of 3 -27 -09. (LyVl-dv()~) 1. U~ $1.91per~ 2. V~ $2.03 per ~ 1. U~ 2. V~ $1.96 per ~ (()vvSu€/) $2.05 per ~ ~Bill;, tl op€/ t"o- chxt" .wo-vv, B fll, tl c;Ul; W iJUa,m; (B fll,) tl c;Ul; L yVl-dv ()~ Co-m:p~ "F~YowS~' St"at"ewLde-: 800-874-4161 FCiVJU: 407 -847 -5111 cell-: 407 -908 -9150 K~(){fLce.t: 407-908-9150 e4: #19 () ca.Uv, FLov. (){fLce.t: 352 - 6 29 -0361 7/13/2009 . -------~ . 1'1': h;:'.~ l'':.'~l' :.t'Ll'rU, 1-\.1 ':':;';' :'::l'~ '...... t"(0'..~ t.:fl~: ;,1.,.1;"1:.1 1...lnreh 6. 21111'! Mr. Craig L.ynch l.:vneh Oil Company 1144 E. I.arroll St. Kissimlllee, FL 34744 Subj: Gaslllino: :lIld Dicsel Fuel Supply Bid 200')-0 I DCHr Mr. l.ynch, 1\1 Ihe Mar<;h 4. 2009 meeling of Ihe ,\popka City Council. Ihey approved your bid lor Ihe new suhjccI Agreemelll. The new Agrecmllnl willl>llgin on ^pril 5.2009. Thc conlJllcllerlll will be for onc year whh the possibililY orlhrcc (3) additional one-year eXII:nsilllls, The service will be for the term of the agreement per your hid dOCWllent. ~;' Thunk yuu Iilr your coupemliun. Do nul hcsilate 10 eonlaclus at 407-703-173\ should you rC\luirc nddilional inl'>nl1:tlion ,. I" SIIlCere,I)'. '. '.:--:---- 'J .-/ -.... ,r' <--- John Jreij:PE I'nhlie Sl:rvic.,s Din'<;h.r cc: Doug Nowlin, Flcet Superinlendenl \~;".;-f .!Oh:~ ~..l.\"~U \:;.",..;".,:,;-~,,!,r~. J "'I'l.~IA:.\;"iWO.'''~l..\nt Sllll!: l rolr;.;~~ !.t.\Htl'l":' u ~.~':.Q\;FE~' l'\."l'.'dS r:tl _.._..~..__. -......- ."-- -- ..----.-----.---.. ----.-.-.. .---.--------.- -_/ 'J.;1.,,:/. . /.1.1 - . /,v//'2.A-t"Rr;;'(: .;.> '1 :'/" '""" ~ . . . ( CITY OF APOPKA CITY COUNCIL LCONSENl MiEND!\ _I'UI3LlC ilEA RING ~SI'EcrAL REPORTS _OlltER: MEETING OF: March 4,2009 FROM: Public Services, ' , EXHIBITS: SUll.IECT: GASOLli'iE ANI) i>lESF;L i;UELI'URCIIASE ANI> I>l~LIVERY CONTRACT' , , &~ AWAR!) THE ANNUAL FUEL CONTRACT TO LYNCH OIL COl\II'ANY Slli\li\I,\f{Y: Ori 1\:hrulIry 24. ~O()l). Slalr received 1\\'0 '(2) scaled bids Ihr the (lurchnse and deiivcry of gasoiine nnd ' dksd fuel. The price is rer gallon added tll lhe Oil Price Informntion Service (OP[S) "wrage price per. g..lhlll posl\:d fur the Orlandu Terminal (1/4) is indicaled helow. for allgruJes of un lend cd gasoliilC, nnd dies.:! fu':! 112: l'elrlllcul1l Trndcrs ('mr. ,_Lynch Oil Co. Small Oas or DillS.:! Tanker: 500-4.000 gallon quanlities .$0.1900 $0.220 ',' ~ Full L.uad H7 Gas Tnnker: : x,aoo - S,5()() gallon l\u:llllitks $0.03 88 $0'cl425 ' -- -, Full Load Diesel T:lllkcr: 7.500 - 11.500 gallon quantities $0.0442 $0.0450 Splill.uad (Gas nnd Dies.:!): 7.500 .. :i,5,~n gallon (lUanlilies $0.0442 SO.0450 'Petroleum Trad~r:i Cmporalillll has a $40.00 pump on' fl.": lInd II $150.00 fc~ for delivery to 'fuel stimdby'-. , . gllnerators lInl! pumps almultiple locations, FlIctoring- in the nddilioilal $40.00 pump off fl.'C 'Qntlthc. S I SO.no multiple llic:ltion deli \'ery fee wi II inc~l1se the priccs'lor Petroleulll Trndcl'S COrPorntion. With this considerlltiol\ I.)'nch Oil COIllr:UI~' is the lowest bidder . I.~:nch Oil Cllml):!ny is the curn:nt supplier for thc City. and their service hilS been excellent." The I~nns llfthis' cllntract ;lrc Ill!' one (I) year oplion to extend Ill<: lerms up III a minimum .of three (3) years. . ~; Pagc T\\'o ('nn't. G:lsnlillc & Dicsel Fnclllid F\lNlllN<:!..~()..!LRCE: Each dh'ision hudgets till' fudus:lg..: e:lch Iiscal )'c:lr. RECOi\Ii\lEND,\TION ..\CT10N: Award Ih.: :1I1l1mll \ild Clllltnlctln LYI\ch Oil Company amI authorize the Chiee Administr.ltive Omccr to eXcclII..: the COlllrm:l: " ,,"' ' I>ISTIUBlITION ' ;-"1;\~wL;\nd Commissioncrs (4) C:\O I{idlllru AlIdcrMlIl C\lIl1ll1l1llity I)"c\,. Dir: Fimlllce Dil'. " II({ Director IT Dil"\.'Clor Police Chief PubliC:Ser;'Oir. (2) Recre3liol\ Director'"" City Clerk (4) Fire Cllicr II II II II . . . . . . . . . . . . . .. ..1 GASOLINE & DIESEL FUEL JANUARY 2009 BID NUMBER 2009-01 CITY OF APOPKA ~ II II I I II II I II I I - I II I II II - I I GASOLINE & DIESEL FUEL JANUARY 2009 BID NUMBER 2009-01 CITY OF APOPKA MAYOR: CITY COMMISSIONERS: JOHN H. LAND J. WILLIAM ARROWSMITH BILLIE L. DEAN MARIL YN U. McQUEEN KATHY S. TILL Chief Administrative Officer: RICHARD ANDERSON Public Services Director: JOHN JREIJ, P.E. DOUG NOWLIN Project Coordinator: PUBLIC SERVICES DEPARTMENT CITY OF APOPKA 748 E. CLEVELAND STREET APOPKA, FLORIDA 32703 407-703-1731 I I I I I I I I I I I I I I I I , I I SECTION 00010 00020 00025 00030 00035 00040 00090 00100 I' 00110 00120 00160 00290 GASOLINE & DIESEL FUEL BID # 2009-01 DESCRIPTION Invitation to Bid Instructions to Bidders Terms, Conditions and Specifications Bid Form Affidavit of Non-collusion Bidder's Certification Certificate ofInsurance -Worker's Compensation Insurance Endorsement -Worker's Compensation Certificate ofInsurance - General Liability Insurance Endorsement - General Liability Public Entity Crimes Drug Free Workplace Certification I I I I I i I I I I I I I I I I I I I I BID NO.2009-01 SECTION 00010 INVITATION TO BID BID NO. 2009-01 Sealed bids will be received by the City of Apopka until 10:00 A.M. on Tuesday, February 24,2009 at the Apopka City Hall, City Clerk's Office, 120 E. Main Street, Apopka, Florida 32703, for GASOLINE AND DIESEL FUEL and publicly opened and read aloud at 10: 15 A.M., in the City Hall Council Chambers. The intent of this Solicitation is to obtain bids to furnish GASOLINE AND DIESEL FUEL FOR THE CITY OF APOPKA. A pre-bid meeting has been scheduled for Thursday, February 5, 2009 at 10:00 a.m. in the Public Services Conference Room located at 748 E. Cleveland Street, Apopka, FL. Copies of "Contract Docurnents" are on file and may be obtained at the Public Services Complex at $No Charge, located at 748 E. Cleveland Street, Apopka, Florida 32703, Monday through Friday, 8:00 a.rn. to 5:00 p.m. Telephone number 407-703-1731. If shiprnent is required, also furnish a commercial calTier (FedEx or UPS) account number. Each bid shall be made out and submitted in duplicate on a form furnished as part of the Bid Docurnent. The Owner reserves the right to reject any and all bids and to waive any and all irregularity in any bid. INVITATION TO BID 00010-1 - I I I i I I , , I I I I I I I I I I I I I I BIDDER - BID NO.2009-01 SECTION 00020 INSTRUCTIONS TO BIDDERS BID NO. 2009-01 To insure acceptance of the bid, follow these instructions. SEALED BIDS: Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope, marked with the Bid title and name and address of the Bidder and accompanied by a completed Section 00030, Bid Form; a completed Section 00035, Affidavit of Non-collusion form; a completed Section 00040, Bidder's Certification forrn; and a completed Section 00290, Drug Free Workplace Certification form. Bids not submitted on the attached bid form rnay be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 1. EXECUTION OF BID: Bid must contain a manual signature of authorized representative in the space provided. Bid must be typed or printed in ink. All corrections made by bidder to his/her bid price must be initialed. 2. BID OPENING: Shall be public, on the date and at the tirne specified on the bid form. It is the bidder's responsibility to assure that his/her bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so delivered, will not be considered. Offers by telegram or telephone are not acceptable. NOTE: Bid tabulations will be furnished upon written request with an enclosed, self-addressed, stamped envelope. Bid files rnay be examined during normal working hours by appointment. 3. PRICES, TERMS AND PAYMENT: Firm prices shall be bid and include all packing, handling, shipping charges and delivery set-up. a. TAXES: The City of Apopka does not pay Federal Excise and Sales ta.'Ces on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvement of city owned real property as defined in Chapter 192 F.S. b. MISTAKES:. Bidders are expected to examine the specifications, delivery schedule, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. In case of mistake in extension, the unit price will govern. c. CONDITION AND PACKAGING: It is understood and agreed than any item offered or shipped as a result of this bid shall be new (current model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. INSTRUCTIONS TO BIDDERS 00020-1 ----- I I - , , I I I I I I I I I I I - I I I <. I I BID NO.2009-01 d. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall cornply with applicable requirements of Occupational Safety and Health act and any standards thereunder. e. INVOICING AND PAYMENT: The contractor shall be paid upon submission of properly celiified invoices to the City at the prices stipulated on the contract at the time the order is placed, after delivery, installation and acceptance of the goods, less deductions if any, as provided. Invoices shall contain purchase order number and the contractor's Federal Employer Identification Number. An original invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoices for payment. 4. MANUFACTURER'S NAMES AND APPROVED EOUIV ALENTS: Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specifications are for information and not intended to limit competition. The bidder may offer any brand for which he/she is an authorized representative, which is an equivalent for any item(s). Ifbids are based on equivalent products. indicate on the bid form the manufacturer's name and nurnber. Bidder shall submit with hislher bid. cuts, sketches. and descriptive literature and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. The City of Apopka reserves the right to determine acceptance of item(s) as an approved equivalent. Bids which do not cornply with these requirements are subject to rejection. 5. . INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed in writing to this office for receipt not later than ten (10) days prior to the bid opening. Inquires rnust reference the date of bid opening, and bid number. No interpretation shall be considered binding unless provided in writing by the City of Apopka in response to requests in full compliance with this provision. 6. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Apopka. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five per cent (5%) or more in the bidder's firm or any of its branches. 7. AWARDS: In the best interest of the City, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in bids received. When it-is determined there is. competition among the bids received and the lowest bid is acceptable to the City, evaluation of other bids is not required. Bidders are cautioned to make no assumptions. 8. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not destroyed may, 'upon request, be returned at the bidder's expense. Each individual sample must be labeled with bidder's name, manufacture's brand name and number, bid number and item reference. INSTRUCTIONS TO BIDDERS 00020-2 -- * - I I I I I I I I I I I I I I I I - BID NO.2009-01 9. DISPUTES: Any actual or prospective bidder who disputes the reasonableness, necessity or competitiveness of the terms and conditions of the Invitation to Bid, bid selection or contract award recommendation, shall file such protest in writing within two (2) days upon award by City Council. 10. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the supplier to notify the City, indicating in his/her letter the specific regulation which required an alteration. The City reserves the right to accept any such alteration. 11. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Apopka 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 used in the performance of the contract, including its use by the City of Apopka. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or rnaterials in ,. any way involved in the work. 12. ASSIGNMENT: Any purchase order issued pursttant to this bid invitation and the moneys which may come due hereunder are not assignable except with the prior written approval of the City. 13. LIABILITY: The supplier shall hold and save the City, its officers, agents and employees hannless against the claims by third parties resulting from the supplier's breach of this contract or the supplier's negligence. 14. FACILITIES: The City reserves the right to inspect the bidder's facilities at any time with prior notice. 15. THE SUCCESSFUL BIDDER(S) MUST PROVIDE: A copy of any product literature and price list, in excellent quality black image on white paper, suitable for duplication. 16. All bidders awarded contracts from this bid are encouraged to permit other governmental agencies to participate in the contract under the same prices, tenns and conditions except that allowances may be made for differences in delivery costs. 17. OWNER: The OWNER shall refer to the City of Apopka. . INSTRUCTIONS TO BIDDERS 00020-3 I I I I I I II I I I I I I I 1 I , I I I I I BID NO. 2009-01 SECTION 00025 TERMS, CONDITIONS AND SPECIFICATIONS TERM CONTRACT 1. It is the intent of this Solicitation to obtain bids to furnish: GASOLINE AND DIESEL FUEL FOR THE CITY OF APOPKA. The fuels shall be furnished in accordance with the contract resulting from this Solicitation and shall be completely suitable for the operational use by the Agencies/Entities utilizing this contract. Additional Governmental Agencies/Entities may utilize this contract upon suppliers' acceptance. II. CONTRACT PERIOD: A. The contract resulting frorn this Solicitation shall be a term contract for the time period specified herein. During the specified time period, the City of Apopka may order fuels as the requirements generate and the supplier will deliver the fuels. It is understood that the Agencies/Entities are not obligated to purchase any specific amount of fuels. ': B. This contract shall become effective for a period of twelve (12) months. Continuation of the contract past September 30, of each respective fiscal year shall be subject to availability of funds. I C. This contract rnay be extended, by mutual agreement, for additional twelve (12) month periods up to a cumulative total of thirty-six (36) months. The city will notify the supplier(s), in writing, thirty (30) days prior to expiration ofthe contract as to its desire to extend the contract. Continuation of each renewal period past September 30th is subject to availability of funds. D. Any request for consideration of an adjustment to the markup/discount price(s) must be made at tirne of renewal and must be based on increased costs to the supplier only. Verification of these increases shall be furnished to the city upon request. An upward price adjustment approved by the city shall impose upon the supplier the requirements to advise and extend credit to the city when costs similarly decrease. E. Either party may cancel this contract, in whole or in part, by giving thirty (30) days prior written notice. However, the supplier shall not be authorized to exercise this cancellation option during the first ninety (90) days of the contract period. III: BID PRICES: A. The volatility of fuel prices is cause for soliciting bids on a basis that will compensate for the constant change in prices. Therefore, it is the intent of this contract to utilize the Oil Price Information Service (OPIS) average price(s) per gallon posted for the Orlando Terminal (#4) as the cost of fuel(s) to the supplier's terminal, and solicit a firm markup or discount price to the OPIS average to arrive at the purchase price per gallon. B. The OPIS or Rack Average prices(s) per gallon is posted once a week on Thursdays. The price(s) per gallon posted for a given Thursday shall be utilized to arrive at the TERMS, CONDITIONS AND SPECIFICATIONS 00025-1 .. I I I - I I I I I I I I I I I I I I I BID NO. 2009-01 purchase per gallon offuel(s) delivered the following Sunday tlu'ough Saturday. Example: OPIS or Rack price(s) posting Thursday, October 2,2008 shall be utilized to arrive at purchase price per gallon of fuel(s) delivered October 2, 2008 through October 6, 2008. C. Bidders shall submit on the Bid Form a fixed mark-up or fixed discount price to be added to or subtracted from the OPIS or Rack Average price(s) per gallon posted for the Orlando Terminal (#4) to arrive at the purchase price per gallon for each fuel type and/or grade listed. The fixed markup/discount shall remain firm during the period of the contract and each subsequent twelve (12) month period agreed upon, and shall include profit, overhead, delivery charges and all other costs incurred by the supplier, with the exception of taxes, for delivering fuel to those locations stated at the time a purchase order is issued, plus any locations that may be added to the contract at a later date. Example: OPIS or Rack Average Price - 87 Octane Markup/Discount Bid Price - .7850/gal - +.0250/gal - .8100/gal Purchase Price >: Plus applicable taxes D. Supplier(s) shall be responsible for correctly invoicing the City of Apopka utilizing this contract for all applicable taxes. Taxes shall be listed as a separate line item on aU invoices. I IV. QUANTITIES A. The estimated quantities noted in this Solicitation are for bidding purposes only. It is understood by all bidders that these are only estimated quantities and all Agencies/Entities utilizing this contract are not obligated to purchase any minimum or maximum amount of fuels during the life of this contract. V. SPECIAL PROVISIONS: A. Fuels and/or fuel grades may be added or deleted during the period of the contract, as requirements dictate, upon mutual agreement of both parties. B. No item shall be cancelled from the contract by the sl.lpplier(s) without prior consent of the City of Apopka Fleet Department. VI. EVALUATION/AWARD: A. Bids shall be evaluated on the basis of: 1. Fixed Mark-up discount price per gallon to the OPIS Average price. 2. Result of reference check. 3. Compliance with contract terms, conditions and specifications. 4. Capability Survey - The city reserves the right to perform a complete TERMS, CONDITIONS AND SPECIFICATIONS 00025-2 - I - - I , - I I ! I , I I I - I I I I I I I I , BID NO. 2009-01 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 City of Apopka will be sole judge as to the bidder's capability. The City also reserves the right to waive this survey for any bidder having performed under current and/or previous City of Apopka fuel contracts. B. The City intends to award this contract to the best and lowest bidder(s) either overall or by item; whichever is more advantageous to the city. However, the city reserves the right to reject any or all bids and waive any or all technicalities. VII. DELIVERY: A. The City will order fuels by issuance of a Purchase Order. Each order will specify the quantity of fuels required, delivery point and the delivery date. Supplier(s) rnust contact all other Agencies/Entities utilizing this contract to obtain their ordering procedures. B. Fuels shall be delivered within one (1) working day from the date order is received (Monday through Friday) unless other arrangements have been made with the ordering Agency/Entity. The supplier(s) is required to contact each location prior to delivery to make arrangements for an Agency/Entity representative to be present at time of delivery. C. List tank addresses, size and fuel type. Tank registration numbers and/or copies of the registrations will be furnished to supplier(s) upon request. VIII. NON PERFORMANCE: A. Time is of the essence in the Contract and failure to complete within the tirne period shall be considered a default. B. In case of default, the City may procure the fuels from other sources and hold the supplier responsible for any excess costs occasioned thereby and may immediately cancel the contract. IX. TAXES The City of Apopka has the following tax exemption Certificates assigned: A. Certificate of Registry No. 85-80 12595869C-O for tax transactions under Chapter 32, Internal Revenue Code, and B. Florida Sales/Use Tax. Exemption Certificate X. PAYMENT: A. Payment for fuels received by the City of Apopka will be accomplished by submission of invoice, at time of delivery, in duplicate, with Release Order Number and Delivery Date reference thereon to: CITY OF APOPKA PUBLIC SERVICES DEPARTMENT TER1\iIS, CONDITIONS AND SPECIFICATIONS 00025-3 . I I I I I I I I I I I I I . . . . . . BID NO. 2009-01 P.O. BOX 1229 APOPKA, FL 32704-1229 B. All Agencies/Entities utilizing this contract shall pay the purchase price per gallon for the date fuel(s) are delivered. C. Supplier(s) will invoice transport quantities on net gallons delivered after correction factor has been computed at 60 F. XI. PUBLIC ENTITY CRIMES: Any person responding with an offer to this invitation shall execute the enclosed Sworn Statement Under Section 287.133 (3)( a), Florida State Statutes, On Public Entity Crimes and enclose it with their bid. If a bidder is submitting a bid on behalf of dealers or suppliers who will ship and receive payment from the resulting contract, it is the bidder's responsibility to assure that copy(s) of the form are executed by them and are including with the bid package. XU: OFF LOAD PROCEDURES: Off load procedures must cornply with Vapor Recovery Systems when applicable. XU['FUEL SPECIFICATIONS: A. Unleaded Gasoline - shall meet the specifications of the State of Florida, Department of Agriculture and Consumer Services, with cleaning additives for fuel injection engines and the following octane ratings: 1. R + M/2 = 87 2. R+M/2=87+ 10% ETA B. #2 Diesel Fuel shall be suitable for use in on-road diesel engines, free from water and foreign matter and shall meet or exceed State of Florida, Department of Agriculture and Consumer Services specifications as stated below: 1. 2. Gravity: 36.1 Flash: 145 Degrees: Viscosity at 100 Degrees: Maximum Sulfur Content: Minimum Cetane: 45 Ultra Low Sulfur Above ground Pump off fee 30 to 45 ~ of 1 % .., J. 4. 5. 6. 7. 8. C. Should the aforementioned fuels, when samples have been analyzed by State of Florida inspectors, fail to meet above cited specifications, the supplier shall be required to correct these deficiencies promptly and at their expense. D. Any exception taken to any part of these specifications must be explained in detail on a separate sheet of paper and submitted with the bid. Failure to comply rnay result in rejection of the bid. TERMS, CONDITIONS AND SPECIFICATIONS 00025-4 - - I I I I I I I I I I I . . . . . . BID NO. 2009-01 SECTION 00030 BID FORM BID TO THE CITY OF APOPKA GASOLINE AND DIESEL FUEL NAME OF BIDDER: L'1r1 C" 0,' / C~. BUSINESS ADDRESS: IZ,.jr/ r {l()tr/c1 / I 1'yI-. /(I~~r'yn~~~1 f2 517~1 PHONE NO: *? ~f7 ~ ~/~/ TO THE CITY COUNCIL OF THE CITY OF APOPKA Pursuant to and in compliance with your notice inviting sealed bids and the other docurnents related thereto, the undersigned bidder having familiarized himself with the terms ofthe Contract Documents, local conditions affecting the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated in the Contract, including all of its component parts and everything required to be perforrned, and to provide and furnish any and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all ofthe work required in connection with the construction of said work all in strict conformity with the plans and specifications and other Contract Documents, including Addenda Nos. -, - and -' The undersigned as bidder, declares that the only persons or parties interested in this bid as principals are those narned herein; that this bid is made without collusion with any person, firm or corporation; and he proposes and agrees, if the bid is accepted, that he will execute a contract with the City in the form set forth in the Contract Documents and that he will accept in full payment thereof the following prices to wit: 00030-1 . BID FORM I I .BID FORM I Estimated annual demand for City of Apopka. I I I I Small Gas or Diesel Tanker: . 500-4,000 gallon quantities Full Load 87 Gas Tanker: _ 8,0'00 - 85,00 gallon quantities I I - I II State location of Bidder's terminal (Taft, etc.): Orlandorraft Bidder must have ability to fuel standby generator & pumps @ multiple locations '. . ~:d J/tO. FIrm ame Of o .J ilYl tJ~/(~ , Contact Person I . . BID FORlYl - Unleaded Gasoline (all grades) Diesel Fuel #2 Be sure to indicate whether fixed amount is a markup (+) or discount (-) from the OPIS from the OPIS or Rack price (see paragraph III for details on pricing). Main storage tanks are above ground. If there, is a pump off fee please list cost per load Full Load Diesel Tanker: 7,500 - 8,500 gallon quantities Split Load (Gas and Diesel): 7,500 - 8,500 gallon quantities BID NO. 2009-01 288,000 gallons 208,000 gallons $ FIXED MARKUP (+) OR mSCOUNT (-) PlUCE PER GALLON ADDED TO OR SUBTRACTED FROM THE OPIS AVERAGE PRICE(S) PER GAL POSTED FOR THE ORLANDO TERMINAL (#4). ---------~---------- ~ - $ I '2 z j; .J- D ;JI'!, \ D c/t~ /) -r ;)f/5 \ 0 f$ J <1- tYf /5 , ovf5 /J -r ufJ/6 $ $ $ Notes: 1. See paragraph XllI for fuel specifications. 2. Do not include taxes in fixed markup/dis<;?Ulljprice. Brand name for above items: V ~tro. State Location and address of Bidder's Business: -:7 . ".- J" "r-; II- ?/z'-/ht)o~ Date 0 ~~ gn ture B.f7L(I14/ Telephone Number 00030-2 iI I I I ; I - II I I I I '1 I I I I I. I I I I BID NO. 2009-01 The evaluation of the bid will be done in accordance with the Instructions to Bidders. The successful bidder may not be based solely on price. Each bid shall be made out and submitted in duplicate on a form furnished as part of the Bid Document. The City reserves the right to reject any and all bids and to waive any and all irregularity in any bid. The names of all persons interested in the foregoing bids as principals are as follows: (Notice - If bidder or other interested person is a corporation, state a legal name of corporation, and names of the president; if a partnership, state true name of firm, also names of all individual co-partners composing; if bidder or other interested person is an individual, state first and last narnes in full): e~I1/'" iYNtf/; l/tf)/~E~ Licensed in accordance with an Act providing for the registration of contractors. CONTRACTOR'S LICENSE NO.: ,AIj NOTE: If bidder is a corporation, the Ie I name of the corporation shall be set forth below, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation and corporate seal; if bidder is a co-partnership, the true name of the firm shall be set forth below, together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if the bidder is an individual, his signature shall be placed below; . special p ners' p, the names of the general partners. 2009 SIGNATURE OF BIDDER: DATED: 00030-3 BID FORlVl - - I I I II I I I , I I I I I I I I I I I I BID NO. 2009-01 SECTION 00035 AFFIDA VII OF NON-COLLUSION AND OF NON-INTEREST OF CITY EMPLOYEES STATE OF fl(W:I(k Co'UNTY OF C.trlCDIc. (2,(~~ ~(1~ ' being first duly sworn, deposes and says that he (it) is t e bi in the above bid, that the only person or persons interested in said bid are narned therein; that no officer, employee or agent of the City of Apopka or of any other bidder is interested in said bid; and that affiant makes the above bid wi no past or p. sent collusion with any other person, firm or corporation. Affiant Sworn and ~bsc~ibed to before me this ?~ day of ~e O:W\,tD rf"t'" ' 2009 in the State of I-lolf,dA.. ,County of ~l'nlCL . I:' (~Ll_~t\ )Lft'\cL\~-.; Notary Public My Commission Expires: 2) LO( 2.cl \ LAURIE ANN MARTIN Notary Public, Slale of Florida My CQ/{lm. expo Feb. 15, 2011 Comm. No. DO 628888 t\FFIDA VIT OF NON-COLLUSION 00035-1 - I 1 I ! ~ ! . - II I I I I I I II ! , I I I ! I 1 I , I I i , I I I I BID NO. 2009-01 SECTION 00040 BIDDER'S CERTIFICA nON I have carefully examined the Invitation to Bid, Instructions to Bidders, General and/or Special Conditions, Notes, Specifications, proposed agreement and any other documents accompanying or made a pmt of this Invitation. I hereby propose to nunish the goods or services specified in the Invitation at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to sixty (60) days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Apopka Police Departrnent prior to award. 1 certify that all information contained in this bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid on behalf of the vendor/contractor as its act and deed and that the vendor/contractor is ready, willing and able to perform if awarded the bid. ': 1 further certify, under oath, that this bid is made without prior understanding, agreernent, connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service; no officer, employee or agent oftlle City of Apopka or of any other bidder is interested in said bid; and that the undersigned executed this Bidder's Certification with nllI knowledge and understanding 0f the matters therein contained and was duly authorized to do so. NAMlttfdfN~t t. LAURIE ANN MARTIN Notary Public, State of Florida My comm. expo Feb. 15, 2011 Corom. No. DD 628888 BY: Sworn to and subscribed before me this ~ay of ~e N,-,(1,/~ 2009 SI{t TURE . 'I9r {w ,if: 4,.; NAME IT E, TYP~ OR RINTED '; 7~# r (lvr'J II ~. ~JNG ADDRES~ /11t~dIL,'Z-. .117# CITY, STATE, ZIP CODE . ~'1 ~tf7 41b( TELEPHONE NUMBER (~L\t \l j)j\J,\ ~UY\OJ.\ Rc--- Notary Public . ~ State of ~tO(lck\. My Commission Expires: ~l \ BIDDER'S CERTIFICATION 00040-1 ---.... I I ~ , . . II . . . . . . . . . . . II BID NO. 2009-01 SECTION 00090 CERTIFICATE OF INSURANCE Description of Contract: H/~L- Type of Insurance: WORKER'S COMPENSATION INSURANCE TillS IS TO CERTIFY that the following numbered policies have been issued by the below-stated company in conforrnance with the limits and requirements as set forth in the Standard General Conditions and Supplementary Conditions. The Company will give at least 45 days' written notice by certified mail to the OWNER and ENGINEER prior to any material change, reduction of coverage or cancellation of said policy. POLICY NUMBER CfZ00Zt/1o EX~T[ON DATE 1"11 50, Zo" q LIMITS OF LIABILITY Statutory limits Under the Laws of the State of Florida t'4-e:w 41v..f Insurance Cornpany . /fl W &JIP7~' Street Number I ;ift! G ~<<F~/I !..t; Street Number if ~,''"~ ft. g/7t/t/ City and State aleda, k City and State ~21 ~-5' By: Yo/1 cJ,tab~ Wa::any~~~ Title: !Jul CERTIFICATE OF INSURANCE - WORKER'S COMPENSATION 00090-1 -- I I - - - I I . ! , I I I I I I I I I I I i I ,'- I I BID NO. 2009-01 State of PI (-((;d(} County of fu-.t(Jl~ On this~ay of ~t.\b{L:U!i.\.2009, before me personally came to me known who being duly sworn, did depose and say: that is an authorized representative of the and acknowledged to me that executed the within instmment on behalf of said insurance company and was duly authorized so to do. In witness whereof, I have signed and affixed my official seal on the date of this certificate first above written. Notary Public My Commission Expires: Insurance Company Agent for Service of Process in Florida Agency Name Street Number Street Number City and State City and State Telephone Number Telephone Number This certificate or verification of insurance is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition orany contract or other document with respectto which this certificate or verification- of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. NOTICE No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company. CERTIFICATE OF INSURANCE - WORKER'S COMPENSATION 00090-2 i: I . i , , I I I I , , , I I I I I I ~ I I I I BID NO. 2009-01 SECTION 00100 INSURANCE ENDORSEMENT Description of Contract: Type ofInsurance: WORKER'S COMPENSATION INSURANCE Thi~ endorsement forms a part of Policy No. ENDORSEMENT It is agreed that with respect to such insurance as is afforded by the policy, the Company waives any right of subrogation it may acquire against the OWNER, the ENGINEER, and their consultants, and each of their directors, officers, agents, and employees by reason of any payment made on account ofthe injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above referenced contract. This endorsement does not increase the Company's total limits of liability. Named Insured (Contractor) Insurance Company . ~. Street Number Street Number City and State City and State By: Company Representative Name: Title: (SEE NOTICE ON PAGE 00100-2) INSURANCE ENDORSEMENT - WORKER'S COMPENSATION 00100-1 ..-- I ~ - ~ I I I I 1 I 1 i II I - I I i I I I I I . . i . (I BID NO. 2009-01 State of Ss. County of ) On this _ day of ,2009, before me personally came to me known who being duly sworn, did depose and say: that IS an authorized representative of the and acknowledged to me that executed the within instrument on behalf of said insurance company and was duly authorized so to do. In witness whereof, I have signed and affixed my official seal on the date of this certificate first above written. Notary Publ.ic My Commission Expires: . ": NOTICE: No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance cornpany, a separate certificate in the exact above fonn shall be provided for each insurance company. INSURANCE ENDORSEMENT - WORKER'S COMPENSATION 00100-2 - I I , I i I i I I I I I I I I I I I I I II I I I I I BID NO. 2009-01 SECTION 00120 INSURANCE ENDORSEMENT Description of Contract: Type of Insurance: LIABILITY INSURANCE This endorsement forms a part of policy No. q ZfD cP 2- L( ~. ENDORSEMENT The OWNER, the PROJECT COORDINATOR, and their consultants, and each of their directors, offl.Cers, agents, and employees are included as additional insureds under said policies but only while acting in their capacity as such and only as respects operations ofthe named insured, his contractors, and subcontractor, any supplier, any directly or indirectly employed by any ofthern,or anyone for whose acts any of them may be liable in the performance of the above-referenced contract. This insurance shall not apply to the negligent party if the loss or damage is ultimately determined to be the result of the sole and exclusive negligence (including any connected with the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications) of one or more of the aforesaid additional insureds. The insurance afforded to these additional insureds is primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of this insurance shall not be reduced or prorated by the existence of such other insurance. This endorsement does not increase the Company's total limits of liability. This certificate or verification of insurance is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies listed herein. Notwithstanding any requirernent, term, or condition of any contract or other docurnent with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. The Company shall give at least 45 days' written notice by certified rnail to the OWNER and PROJECT COORDINATOR prior to any rnaterial change, reduction of coverage or cancellation of said policy. Named Insured (Contractor) Insurance Company Street Number Street Number City and State City and State By (Company Representative) Name: Title: INSURANCE ENDORSEMENT - LIABILITY 00120-1 I .-- H I I I I I I I I I ~ ~ . l I i ! , I ., II ., . - II BID NO. 2009-01 CONTRACTOR State of , County of The foregoing instrument was acknowledged before me this _ day of , 2009 by - (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place or incorporation) corporation, on behalf of the corporation. He/she/they is/are personally known to me or who has/have produced (type of identification) as identification and did (did not) take an oath. (Signature of person taking acknowledgment) (Name of acknowledger typed, printed or stamped) (Title or rank) (Serial number, if any) (NOTARY'S SEAL) INSURANCE COMPANY State of , County of The foregoing instrument was acknowledged before me this _ day of , 2009 by - (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place or incorporation) corporation, on behalf of the corporation. He/she/they is/are personally known to me or who has/have produced (type of identification) as identification and did (did not) take an oath. (Signature of person taking acknowledgment) (Name of acknowledger typed, printed or stamped) (Title or rank) (Serial number, if any) (NOTARY'S SEAL) NOTICE: . No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company. a separate certificate in the exact above form be provided for each insurance company. InsUrers must be authorized to do business and have an agent for service of process in Florida and have an \I A" policlyholder's rating and a financial rating of at least Class XI in accordance with the most current Best's Rating. INSURANCE ENDORSEMENT - LIABILITY 00120-2 - ! - - . . ! . - ~ ~ ~ ~ - I I BID NO. 2009-01 SECTION 00160 SWORN STATEMENT UNDER SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRlMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. (}rv ()~ /1/////</'1 I (print name of public entity) by tl'1'I1? LJW'cll I/tE5!RG.,;;- (print individu6l's name and title) for J.y/le# tJ/1 fo" rAlCl (print name of ~ntity submitting sworn statement) whose business address is /,2..'14 e: C/'hf!!fJU :;',; 15j'.,'$/~Y11 Ee.. J ~L- 3~7# and (if applicable) its Federal Identification Number (FEIN)is .1'"9 /?t/t:'!?5F (lfthe entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ). This sworn statement is submitted to . to' , 2. I understand that a "public entity crime" as defined in Paragraph 287 .133( I )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.l33( l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crirne. The terlfi "affiliate" includes . those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into ajoint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal PUBLIC ENTITY CRIMES 00160-1 . - II I I II i ~ I I . II -- I BID NO. 2009-01 power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitted this sworn statement. (Indicate which statement applies.) _ Neither the entity subm itting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more ofits officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE ISFOR THAT PUBLIC ENTITY ONL Y, AND THAT THIS FORM IS V ALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CA TEGORYTWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (s atu~ (:e, 9 STATE OF ~(O\{\d.R . COUNTY OF (~~t~ . . . . . PERSONALL Y APPEARED BEFORE ME, the undersigned authority, (l (fCti~ ( .!MC!}lh (name of individual signing) wl:l.9, after first being sworn by me, affix'e(I hislher signature in the space provided above on this ~ay of (; llvuQ tl(L~2009. : il,URIE ANN M^RTlN ,,;'1 Public. State 01 Florida I ;;i I. \ thfl..... , n My .;\)mm. expo Feb. 15, 2011 (OT'IRlyl~~PUQ BCLAI'Ct\l1\. )-~ I~L~ . Comm. No. DO 628888 PUBLIC ENTITY CRIMES 00160-2 ~ ,.- .. '- , - I . I , ,. .. . BID NO. 2009-01 SECTION 00290 DRUG FREE WORKPLACE CERTIFICATION r' accordance with Florida Statue 287.087 hereby certifies that does: I. . Publish a statement notifying employees that the unlawful rnanufacture, 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, and 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 proposed a copy of the statement specified in subsection (1). .t: 4. In the statement specified in subsection (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 terrns of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 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 a drug-free workplace through implementation of this section. As the person authorized to sign the statement) I certify that this firm complies fully with the a~ove requirements. Date I)RUG FREE WORKPLACE CERTIFICATION 00290-1 I ----l I -19 ~/5)[)~ P,O. BOX 1229 .APOPKA, FLORIDA 32704.1229 PHONE (407) 703.1700 March 6, 2009 Mr. Craig Lynch Lynch Oil Company J 244 E. Carroll St. Kissimmee, FL 34744 S~~j: Gasoline and Diesel Fuel Supply Bid 2009-01 D.ear Mr. Lynch, At the March 4, 2009 meeting of the Apopka City Council, they approved your bid for the new subject Agreement. The new Agreement will begin on April 5. 2009. The contract term will be for one year with the possibility of three (3) additional one-year extensions. The service will be for the term of the agreement per your bid document. Thank you for your cooperation. Do not hesitate to contact us at407-703-1731 should you require addi.fion~! information. S. l~' mcere; y, "',.......,_______________ ;' -. .:,. oe."/-' -.......... ",\ ......~... ..... --_/ ~-.John-Jreij;.PIr Public Services Director cc: Doug Nowlin, Fleet Superintendent Z\o1"""."I' 1("\...I1,i t-.; lla:\,ln r-..."....................;r.....""'...,... 4 \AlII I IA~J 4f;U:~(')\"'<:::.","T...... I'll' \ I~ 1 n~.\N MARII VN II l"kOIIFFN KATHV::; Till ~~d( o'} CITY OF APOPKA CITY COUNCIL lCONSENT AGENDA _PUBLIC HEARING -,-SPECIAL REPORTS _OTHER: MEETING OF: March 4, 2009 FROM: Public Services EXHIBITS: SUBJECT: GASOLINE AND DIESEL FUEL PURCHASE AND DELIVERY CONTRACT Request: AWARD THE ANNUAL FUEL CONTRACT TO LYNCH OIL COMPANY SUMMARY: On February 24, 2009, staff received two (2) sealed bids for the purchase and delivery of gasoline and diesel fuel. The price is per gallon added to the Oil Price Information Service (OPIS) average price per gallon posted for the Orlando Terminal (#4) is indicated below, for all grades of tmleaded gasoline: and diesel fuel #2: I Petroleum Traders Corp. Small Gas or Diesel Tanker: 500-4,000 gallon quantities $0.1900 Lynch Oil Co. $0.220 / $0.0425 ? . $0.0450 V $0.0450 j Full Load 87 Gas Tanker: 8,000 -' 8,500 gallon quantities $0.0388 Full Load Diesel Tanker: 7,500 - 8,500 gallon quantities $0.0442 Split L?ad (Gas and Diesel): 7,500 - 8,500 gallon quantities $0.0442 . - -. Petroleum Traders Corporation has a $40.00 pump off fee and a $150.00 fee for delivery to fuel standby generators and pumps at multiple locations. Factoring in the additional $40.00 pump off fee and the $150.00 multiple location delivery fee will increase the prices for Petroleum Traders Corporation. With this cOHsideration Lynch Oil Company is the lowest bidder Lynch Oil Company is the cunent supplier for the City, and their service has been excellent. The terms of this contract are for one (1) year option to extend the terms up to a minimum of three (3) years. Page Two Con't. Gasoline & Diesel Fuel Bid FUNDING SOURCE: Each di~ision budgets for fuel usage each fiscal year. RECOMMENDATION ACTION: Award the annual fuel contract to Lynch Oil Company and authorize the Chief Administrative Officer to execute' the contract. DISTRIBUTION Mayor Land Commissioners (4) CAO Richard Anderson Commlll\ity Dev. Dir. Finance Dir. HR Director IT Director Police Chief PuoliC'Ser,Dir. (2) Recreation Director City Clerk (4) Fire Chief