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HomeMy WebLinkAboutItem #04 Bulk Fuel, Oil & Lubricants Contracts Sh C of Good L , 01 K 4 AGENDA ITEM COVER SHEET Meeting Date: May 1, 2012 Item # 4- Reviewed By: Contact Name: Stephen C. Krug Department Director: j /,� Contact Number: 6002 City Manager: Subject: Bulk Fuel, Oil & Lubricants Contracts. Background Summary: The City has purchased bulk fuel, oil and lubricants via piggy- backing off of an Apopka contract since 2009. The Apopka contract has expired and is no longer an available option for the City's use. The City is a member of the Central Florida Purchasing Cooperative (CFPC) where Orange County is the lead agency in solicitations that can benefit multiple municipalities. The City has utilized this purchasing power in the past for petroleum products and requests Commission approval to utilize the following: • Petroleum Traders Co. for E -10 87 octane unleaded gasoline. Bulk transport loads delivered to the Public Works complex fuel depot (8,000+ gallons). • Mansfield Oil Co. for diesel fuel. Bulk transport loads delivered to the Public Works complex fuel depot (7,000+ gallons). • On -Site Fuel Service, Inc. for E -10 87 octane unleaded gasoline and diesel fuel. Tank wagon Toads delivered to remote sites throughout the City (Under 8,000 gallons gasoline, Under 7,000 gallons diesel fuel). Orange County also secured contract Y12- 121 -JS for Bulk Petroleum Products with Lynch Oil. This contract was not solicited through the CFPC, but can be piggy- backed onto with Commission approval. We are requesting Commission approval to utilize the four (4) contracts listed above to purchase petroleum products for as long as the contracts are valid. Issue: Request the City Commission approval to purchase petroleum products through existing Orange County term contracts and via the Central Florida Purchasing Cooperative. Recommendations Recommend the City Commission approve the purchase of petroleum products through the following contracts as long as they are valid and up to the amounts incorporated in the budget: • Petroleum Traders Co. for E -10 87 octane unleaded gasoline. Bulk transport loads delivered to the Public Works complex fuel depot (8,000+ gallons). Contract Y11 -1014 A. • Mansfield Oil Co. for diesel fuel. Bulk transport loads delivered to the Public Works complex fuel depot (7,000+ gallons). Contract Y11 -1014 B. • On -Site Fuel Service, Inc. for E -10 87 octane unleaded gasoline and diesel fuel. Tank wagon loads delivered to remote sites throughout the City (Under 8,000 gallons gasoline, Under 7,000 gallons diesel fuel). Contract Y11 -1014 C. • Lynch Oil for motor oils and lubricants. Contract Y12- 121 -JS. Attachments: Orange County Cooperative Contract Y11 -1014 A, Petroleum Traders Co. Orange County Cooperative Contract Y11 -1014 B, Mansfield Oil Co. Orange County Cooperative Contract Y11 -1014 C, On -Site Fuel Service, Inc. Orange County Contract Y12- 121 -JS, Lynch Oil. Orange County verification for approval to utilize contract Y12- 121 -JS. Financial Impact: The purchase of petroleum products through the subject contracts is adequately funded through the fuel, oil and lubricant line items in the budget. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading 9C Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. .�J ,,'� /S , _ N/A Reviewed by ( ) N/A 2 E PURCHASING AND CONTRACTS DIVISION JOHNNY M. RICHARDSON, CPPO, CFCM, Manager 400 F. South Street, 2nd Floor • Reply To: Post Office Box 1393 • Orlando, Florida 32802-1393 407- 836 -5635 • Fax: 407 -836 -5899 • http://wwv.-.oefl.net IUNTY GOVERNMENT P I, t) It I I) A TERM CONTRACT NO. Y11 -1014A MOTOR FUELS Lot 1 TO: Petroleum Traders Corporation 7120 Pointe Inverness Way Fort Wayne, IN 46804 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: TERMS AND CONDITIONS 1. Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bids No. Y11- 1014 -JS, Motor Fuels - Term Contract, and is subject to all terms and conditions therein. 2. Term of Contract: A. 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. B. This contract is effective June 7, 2011, and shall remain in effect through June 6, 2012. The estimated contract award for this period is $6,729,572.00. C. 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 Purchasing and Contracts Division to be valid, binding, and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation for Bids. Page 1 of 2 Revised (3/19/07) 3. 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 delivery. 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. 4. 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. 5. 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. 6. All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA BY I: • E id t J E. Schell, C.P.M., CP t : CPA g Purchasin and Contracts Div '''• n DATE 62 4CI - aOL1 Page 2 of 2 Revised (3/19/07) Issue Date: April 15, 2011 INVITATION FOR BIDS #Y11- 1014 -JS NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Orange County, Florida, is accepting sealed bids for: MOTOR FUELS TERM CONTRACT 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, May 3, 2011, in the Purchasing and Contracts Division, Internal Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, FL 32801. Copies of the bid documents may be obtained from the Orange County Purchasing and Contracts Division at the above address. Copies may be requested by phoning (407) 836 -5635 or faxing a request to (407) 836 -5899. Solicitations are also available for downloading from the Internet at orangecountyfl.net. Johnny M. Richardson, CPPO, CFCM Manager, Purchasing and Contracts Division NOTICE TO BIDDERS /OFFERORS To ensure that your bid /proposal 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 Jim Schell, Senior Purchasing Agent at (407) 836 -5410. TABLE OF CONTENTS DESCRIPTION PAGE 1. GENERAL TERMS AND CONDITIONS 2 -13 2. SPECIAL TERMS AND CONDITIONS 14 -23 3. SPECIFICATIONS 24 4. BID PROPOSAL FORM 25 -30 5. REFERENCES 31 -32 6. DRUG -FREE WORKPLACE FORM 7. SCHEDULE OF SUBCONTRACTING FORM 8. CONFLICT OF INTEREST FORM 9. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION FORM 10. RELATIONSHIP DISCLOSURE FORM 11. FREQUENTLY ASKED QUESTIONS (FAQ) 12. ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT 13. FREQUENTLY ASKED QUESTIONS (FAQ) 14. EXHIBIT A - LEASED EMPLOYEE AFFIDAVIT 15. EXHIBIT B - COMMERCIAL GENERAL LIABILITY 16. EXHIBIT C - COMMERCIAL GENERAL LIABILITY 17. EXHIBIT D - WORKERS COMPENSATION & EMPLOYEES LIABILITY INSURANCE POLICY 18. EXHIBIT E - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US GENERAL TERMS AND CONDITIONS 1. GENERAL INFORMATION These specifications constitute the complete set of specification requirements and bid forms. The bid proposal page(s), and all forms listed on the bid proposal page(s) shall be completed, signed, and sealed in an envelope bearing the bid number on the outside and mailed or presented to the Purchasing and Contracts 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 telephone or telegram shall not be accepted. Also, faxed bids are not acceptable. Faxed bids shall be rejected as non - responsive regardless of where the fax is received. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing and Contracts Division. All bids, proposals or quotations, unless otherwise specified, must be delivered to the following address not later than the time and date specified in the solicitation: Purchasing and Contracts 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, proposal or quotation 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 Purchasing and Contracts Division shall serve as the official authority to determine lateness of any bid. The bid time must be and shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Such bids will be returned to the vendor unopened. The decision to refuse to consider a bid or proposal 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, ten (10) days after bid opening or upon recommendation for award, whichever occurs first. Bidders desiring to view these documents are urged to schedule an appointment. Page 2 Revised (11/10/09) For information concerning this bid, please contact the Purchasing and Contracts Division at the address listed above or by calling (407) 836 -5635. Please specify the bid number for which you are inquiring. 2. PRICE /DELIVERY Price(s) quoted must be the price(s) for new merchandise 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, Purchasing and Contracts Division or his 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 made during the normal working hours of the County. Time is of the essence and the bidder's delivery date must be specified and adhered to. Should the bidder, to whom the order or contract is awarded, fail to deliver on or before his /her stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the awarded bidder will be required to compensate the County for the difference in price paid for the alternate product. The successful bidder(s) shall be responsible for making any and all claims against carriers for missing or damage items. Partial shipments will be acceptable unless otherwise stated. 3. FEDERAL AND STATE TAX Orange 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, Purchasing and Contracts Division will sign an exemption certificate submitted by the successful bidder. Vendors or contractors doing business with Orange County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any vendor /contractor be authorized to use the County's Tax Exemption Number in securing such materials. 4. ACCEPTANCE /REJECTION /CANCELLATION Orange 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. Orange County also reserves the right to reject the bid of any vendor 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. Orange County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. Orange 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. Page 3 (11/10/09) Orange County reserves the right, and the Manager of Purchasing and Contracts 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. 5. NO BID Where more than one item is listed, any items not bid upon must be indicated "NO BID ". 6. 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 awarded bidder permanently or temporarily hire any County employee who is, or has been, directly involved with the bidder prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County. 7. LEGAL REQUIREMENTS All applicable Federal and State laws, Municipal 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. 1. Vendors 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. 2. Minority/Women Business Enterprises (M/WBE) indicates a business entity of which 51% or more is owned and operated by a minority. In this instance, minority group members are citizens of the United States or lawfully admitted permanent residents who are Blacks, Hispanics, Women, Native Americans, Asian - Pacific, Asian - Indian. Businesses wishing to participate in the County procurement process as an M/WBE are required to complete a certification application to attain recognition as such. You may contact the Purchasing and Contracts Division or the Business Development Division for information and assistance. Page 4 (11/10/09) 8. UNIFORM COMMERCIAL CODE (APPLICABLE ONLY FOR THE PURCHASE OF GOODS) The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded vendor /contractor and Orange County for any terms and conditions not specifically stated in this Invitation for Bid. 9. 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 proposal 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. 10. AVAILABILITY OF FUNDS The obligations of Orange County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners, or other specified funding source for this procurement. 11. EQUAL OPPORTUNITY 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 Vendor shall abide by the following provisions: (a) The Vendor shall represent that the Vendor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. (b) The Vendor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non - discrimination provision of the contract. (c) The provisions of the prime contract shall be incorporate by the Vendor into the contracts of any applicable subcontractors. Page 5 (11/10/09) 12. BID TABULATION AND RESULTS Bid tabulations shall be available upon written request ten (10) days after opening. Requests may be faxed to (407) 836 -5899. Bid opening results will also be available at the following website: http: / /apps.ocfl. net / orangebids /bidresults /results.asp 13. BID FORMS All bid proposals must be submitted on our standard Invitation for Bids Form. Bid proposals on vendor quotation forms will not be accepted. 14. FLORIDA PREFERENCE In the event this Invitation for Bids is to acquire personal property and the lowest responsive and responsible bid submitted in response to this invitation for bids, is by a bidder whose principal place of business is in a state other than Florida and such state or political subdivision thereof grants a preference for the purchase of personal property to a person whose principal place of business is in such state, then Orange County Florida may award a preference to the lowest responsive and responsible bidder having a principal place of business within the State of Florida. Such preference shall be equal to the preference granted by the state in which the lowest responsive and responsible bidder has its principal place of business. This section shall not apply to transportation projects in which Federal aid funds are used. Any bidder whose principal place of business is outside the State of Florida must accompany any written bid documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Reference Florida Statutes 287.084. 15. - RECIPROCAL IN -STATE PREFERENCE In the event the lowest responsive and responsible bid submitted in response to any Invitation for Bids is by a bidder whose principal place of business is in a County other than Orange County, and such County grants a bid preference for purchases to a bidder whose principal place of business is in such County, then Orange County may award a preference to the (next) lowest responsive and responsible bidder having a principal place of business within Orange County Florida. Such preference shall be equal to the preference granted by the County in which the lowest responsive and responsible bidder has its principal place of business. Page 6 (06/16/10) 16. POSTING OF RECOMMENDED AWARD AND PROTESTS The recommended award will be posted for review by interested parties at the Purchasing and Contracts Division and at http: / /apps.ocfl. net /OrangeBids /AwardsRec /default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days. Failure to file a protest to the Purchasing and Contracts Manager by 5:00 PM on the fifth full business day period shall constitute a waiver of bid protest proceedings. Additional information relative to lobbying and protests can be found at: Orange County Lobbyist Regulations General Information - http: / /www.ocfl.net/Portals /O /Resources/ Internet /govern /Lobbying /docs /200 814.pdf. and www.http: / /www.ocfl.net/protest A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the successful bidder. 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. 17. BID AND RELATED COSTS By submission of a bid, the bidder agrees that all costs associated with the preparation of his /her bid will be the sole responsibility of the bidder. The bidder also agrees that the County bears no responsibility for any costs associated with the preparation of the bid and /or any administrative or judicial proceedings resulting from the solicitation process. 18. 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. 19. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a Page 7 (11/10/09) contract with a public entity, and may 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. 20. DRUG -FREE WORKPLACE FORM The Drug -Free Workplace Form, attached hereto, must be submitted prior to award of the bid. Failure to submit this form prior to award of the bid shall result in rejection /disqualification of your bid. Failure to certify the firm has a drug -free workplace in accordance with Florida Statute 287.087 shall result in rejection /disqualification of your bid. 21. 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 ". 22. CONFLICT OF INTEREST FORM Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their bid. 23. 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 any bid, proposal or other response to an Orange County solicitation. The bidder, proposer or responder to the solicitation shall not be awarded a contract unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the purchasing agent or contract administrator identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information. b. Relationship Disclosure Form — The purpose of this form is to document any relationships between a bidder, proposer or responder 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, proposal or response to an Orange County solicitation. No contract award will be made unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the Page 8 (11/10/09) purchasing agent or contract administrator identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information. 24. SUBMISSION OF BID The bid must be mailed or hand delivered in a sealed envelope to: ORANGE COUNTY PURCHASING & CONTRACTS 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 Bids received in the PURCHASING AND CONTRACTS DIVISION after the time and date specified, due to failure to identify the envelope with the above information shall be rejected. 25. COPIES Copies of documents, records, materials, and /or reproductions upon request 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. 26. PROPRIETARY /RESTRICTIVE SPECIFICATIONS Prospective bidders who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Purchasing and Contracts Division upon receipt of this Invitation for Bids and prior to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Invitation for Bids. 27. VENDOR ASSISTANCE WITH SPECIFICATIONS Any prospective bidder which assisted the County in developing or writing the specifications contained herein are requested to so note such on the bid proposal page of their bid response. 28. PAYMENT TERMS /DISCOUNTS The County's payment terms are in accordance with Florida Statute 218, Florida Prompt Payment Act. Cash discounts for prompt payment will not be considered in determining the lowest net cost for bid evaluation purposes. Page 9 (11/10/09) 29. PATENTS AND ROYALTIES Unless otherwise provided, the bidder shall be solely responsible for clearing 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. 30. INDEMNIFICATION To the fullest extent permitted by law, the VENDOR 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 VENDOR or its subcontractors (if any), 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. 31. 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 Purchasing and Contracts Division, at the phone number on the bid cover sheet or by fax at (407) 836 -5899 or by mail prior to bid opening, should clarification be required. It is recommended such requests for clarifications from the County be faxed. Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties. Page 10 (11/10/09) 32. 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: 1. 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. 2. 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, 3. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. 33. SUCCESSORS AND ASSIGNS The County and the vendor 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 vendor 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 vendor. 34. PRICING /AUDIT The awarded 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 or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractor(s) and suppliers. Page 11 (Revised 3/11 /11) 35. 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. 36. 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, 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. 37. 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 /Consultant against the County relating to a particular contract shall be submitted to the Purchasing and Contracts Manager 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 /Consultant believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Contractor /Consultant." Failure to document a claim in this manner shall render the claim null and void. Moreover, no claim shall be accepted after final payment of the contract. The decision of the Purchasing and Contracts Manager shall be issued in writing and shall be furnished to the Contractor /Consultant. The decision shall state the reasons for the decision reached. The Purchasing and Contracts Manager shall render the final decision within sixty (60) days after receipt of Contractor's /Consultant's written request for a final decision. The Purchasing and Contracts Manager's decision shall be final and conclusive. The Contractor /Consultant 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 of Purchasing and Contracts. Page 12 38. 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 (a) all persons employed during the contract term by the contractor to perform employment duties within Florida and (b) all persons, including subcontractors, assigned by the contractor to perform work pursuant to the contract with Orange County. Please refer to USCIS.gov for more information on this process. Only those employees determined eligible to work within the United States shall be employed under the contract. Therefore, by submission of a bid or proposal in response to this solicitation, the contractor confirms that all employees in the above categories will undergo e- verification before placement on this contract. The contractor further confirms his commitment to comply with this requirement by completing the E- Verification certification, contained in this solicitation. Page 13 SPECIAL TERMS AND CONDITIONS 1. QUALIFICATION OF BIDDERS This bid shall be awarded to a responsible, responsive bidder, qualified by experience to provide the work specified. The bidder shall submit the following information with the bid: A. List and brief description of similar work satisfactorily completed with location, dates of contract, names, addresses and telephone numbers of owners by completing the reference sheets on pages 31 and 32. B. Listing of sub - contractors on the Schedule of Sub - Contractors form and a listing of what those sub - contractors shall be providing in the way of products and services to Orange County on a separate sheet of letterhead stationary. C. Listing of vendor personnel by name, title, telephone number and e-mail address, who will be responsible for the Orange County account including ordering and invoicing Failure to submit the above requested information may be cause for rejection of your bid. 2. LICENSES AND PERMITS Prior to furnishing the requested product(s) or service(s), it shall be the responsibility of the awarded vendor to obtain, at no additional cost to Orange County, any and all licenses and permits required to complete this contractual service. These licenses and permits shall be readily available for review by the Manager, Purchasing and Contracts Division or his /her designee. 3. 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, whichever is earlier. 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 his bid or provide a written extension of his bid. 4. EVALUATION /AWARD Award will be made to the responsive and responsible bidder offering the most advantageous fixed discount or markup price per gallon to the OPIS (Oil Price Information Service) average price. Therefore, award shall be made on a Lot -by- Lot or Total Offer basis at the county's sole discretion. Page 14 5. BID PRICES A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra low sulfur diesel fuel, undyed and dyed and E -85, bidders shall submit on the Bid Proposal 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. The formula for figuring E -85 ethanol biofuel shall be 83% of E -100 OPIS plus 17% of E -10, 87 octane OPIS. Note: All grades of gasoline petroleum motor fuels as referenced above are E -10 when sourced from the Orlando Terminal. For B -10 and B -20 biodiesel biofuel, bidders shall submit on the Bid Proposal Form a fixed discount or fixed mark -up price to be subtracted from or added to the OPIS Wholesale Rack Biodiesel Prices for the Orlando or Miami terminal rack average price as published in the OPIS Ethanol & Biodiesel Information Service newsletter for Thursday of each week. At the time of this solicitation, the Orlando Terminal does not stock B -10 or B -20 biodiesel motor fuel. Consequently, the rack average for the Miami Terminal shall be used until such time as the Orlando Terminal does stock B -10 and B -20 biodiesel. At the time that the Orlando Terminal begins to stock biodiesel, the rack average for B -10 and B -20 for the Orlando Terminal shall be used to determine the final price for biodiesel motor fuels ordered by the County. 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 12, 2011 shall be utilized to arrive at the purchase price per gallon for fuel(s) delivered Sunday, May 15, 2011 through Saturday, May 21, 2011. Page 15 B. 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. C. Vendor(s) shall be responsible for correctly invoicing each agency /entity utilizing this contract. Taxes shall be listed as separate line items on all invoices. D. The County requires a firm price for the entire contract period. Invoices will be reviewed to confirm compliance with quoted pricing. Failure to hold prices firm shall be grounds for immediate termination of the contract. 6. F.O.B. POINT The F.O.B. point shall be a destination within Orange County. The bid shall include all costs of packaging, transporting, delivery and unloading (THIS INCLUDES INSIDE DELIVERY IF REQUESTED) to designated point within Orange County. 7. DELIVERY Delivery time is of the essence in the award of this Invitation for Bid. Delivery shall be no later than one (1) calendar day from receipt of delivery order, Monday through Friday, unless other arrangements have been made with the ordering agency /entity. The vendor is required to contact each location prior to delivery to make arrangements for an agency /entity representative to be present at time of delivery. Vendor must 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 vendor to meet this delivery requirement shall 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. 8. TERMINATION A. Termination for Default: The County may, by written notice to the (vendor /contractor /consultant), terminate this contract for default in whole or in part (delivery orders, if applicable) if the (vendor /contractor /consultant) fails to: 1. provide products or services that comply with the specifications herein or fails to meet the County's performance standards 2. deliver the supplies or to perform the services within the time specified in this contract or any extension. Page 16 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 will provide adequate written notice to the (vendor /contractor /consultant) through the Manager, Purchasing and Contracts, affording him /her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) 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 vendor will 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 vendor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work C. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the County. D. Continue and complete all parts of that work that have not been terminated. If the ( vendor 's /contractor's /consultant's) failure to perform the contract arises from causes beyond the control and without the fault or negligence of the (vendor /contractor /consultant), the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. 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) 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. Page 17 9. AS SPECIFIED All items delivered must meet the specifications herein. Items delivered not as specified will be returned at no expense by Orange County. The County may return, for full credit, any unused items received which fail to meet the County's performance standards. Replacement items meeting specifications must be submitted within a reasonable time after rejection of the non - conforming items. 10. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder certifies that all material, equipment, etc., contained in his bid meets all OSHA requirements. Bidder further certifies that, if he is the awarded vendor, 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 vendor. 11. CODES AND REGULATIONS The awarded vendor must strictly comply with all Federal, State and local building and safety codes. 12. PAYMENT Partial payments in the full amount for the value of items received and accepted 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, Florida Prompt Payment Act. Payment for accepted equipment/supplies /services will 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 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. 13. PROTECTION OF PROPERTY /SECURITY The contractor shall provide barricades if necessary and take all necessary precautions to protect buildings and personnel. All work shall be completed in every respect and accomplished in a professional manner and the contractor shall provide for removal of all debris from County property. Page 18 The contractor shall at all times guard against damage or loss to property of Orange County, or of other vendors or contractors, and shall be held responsible for replacing or repairing any such loss or damage. The County may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss of damage to property through negligence of the contractor or his agent. The contractor shall at all times guard against injury to Orange County employees. The contractor must, at all times, comply with OSHA and State of Florida safety regulations. The vendor must also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address below: http: / /www.orangecountyfl. net/cros /DEPT /countyad min /risk/safety- health manual.htm 14. INSURANCE REQUIREMENTS Vendor 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 is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by vendor under this contract. The vendor shall require and ensure that each of its sub - contractors /consultants 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. 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 /companvsearch/ and A.M. Best Ratings are available at www.ambest.com) Required Coverage: 1. Workers' Compensation - The vendor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 each incident of bodily injury or disease for Employers' Liability. Said coverage shall include a waiver of subrogation in favor of the County. Elective exemptions as defined in Florida Statute 440 will be considered on a case -by -case basis. Any vendor using an employee leasing company shall complete the Leased Employee Affidavit (Exhibit A). Page 19 2. Commercial General Liability - The vendor 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 $500,000 per occurrence. Vendor 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. 3. Business Automobile Liability - The vendor 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 $500,000 per accident. In the event the vendor does not own automobiles the vendor 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. By entering into this contract, vendor agrees to provide a waiver of subrogation in favor of the County for the workers' compensation and a waiver of transfer of rights of recovery in favor of the County for general liability policies as required herein. When required by the insurer or should a policy condition not permit the vendor to enter into a pre -loss agreement to waive subrogation without an endorsement, then vendor 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. Vendor agrees to endorse the County as an Additional Insured with a CG 20 26 Additional Insured — Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The additional insured shall be listed in the name of Orange County Board of County Commissioners. Any request for an exception to these insurance requirements must be submitted in writing to the County for approval. Prior to execution and commencement of any operations /services provided under this contract the vendor shall provide the County with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the vendor shall also provide a blanket (Exhibit B) or specific (Exhibit C) Additional Insured Endorsement and all Waiver of Subrogation (Exhibit D) or Waiver of Transfer of Rights of Recovery (Exhibit E) endorsements for each policy as required above. For continuing service contracts renewal certificates shall be submitted upon request by either the County or its certificate management representative. The certificates shall clearly indicate that the vendor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No Page 20 material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County. Certificates shall specifically reference the respective contract number. The certificate holder shall read: Orange County Board of County Commissioners Purchasing & Contracts Division 400 E. South Street Orlando, Florida 32801 15. CONTRACT TERM /RENEWAL A. The contract resulting from this Invitation for Bids shall commence effective upon execution by both parties and extend for a period of twelve (12) months. The contract may be renewed for two (2) additional twelve (12) month 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. Renewal of the contract shall be subject to appropriation of funds by the Board of County Commissioners. B. The initiating County department(s) shall issue delivery 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 vendor for a lower unit price which will 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 resolicitation 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 vendor within the time specified in the order. The contract shall govern the vendor'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's performance period. 16. BID PREFERENCE The Orange County M/WBE Ordinance sets minimum annual contract dollar participation goals for minority /women business enterprise firms as follows: Goods — 10% and Services — 24 %. As part of this program, vendors are required to complete the attached Schedule of Subcontracting Form listing ALL subcontractors (majority, women and minority) their firm will utilize in fulfillment of the requirements of this solicitation. Page 21 Also, in accordance with the County M/WBE Ordinance, award of this Invitation for Bids may be made to the lowest responsive and responsible certified Minority/Women Business Enterprise bidder as long as that bid does not exceed the percentages listed below: 8% on bid awards up to $100,000; 7% on bid awards from $100,000 to $500,000; 6% on bid awards from $500,000.01 to $750,000.00; 5% on bid award from $750,000.01 to $2,000,000; 4% on bid awards from $2,000,000.01 to $5,000,000; or 3% on bid awards over $5,000,000.01. 17. 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. Vendor /contractor agrees to rent/sell /lease all goods and services to the County or other governmental entities as opposed or a private citizen, on a first priority basis. The County expects to pay contractual prices for all products or services required during an emergency situation. Vendor /contractor shall furnish a twenty -four (24) hour phone number in the event of such an emergency. 18. REFERENCES A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. More than one person can be listed but all must have knowledge of the project. The reference shall be the owner or a representative of the owner. Consultants or contractors who provided services under the referenced project (contract) shall not be accepted as references. DO NOT list principals or officers who will 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. 19. CENTRAL FLORIDA PURCHASING COOPERATIVE (CFPC) CFPC is a standing committee under the Central Florida Chapter of NIGP (National Institute of Governmental Purchasing). The objectives of this committee are to achieve cost savings by combining requirements into cooperative contracts, realizing savings by volume buying, lower administrative costs and increased service levels from vendors. It is the intent of Orange County to act as the lead agency with this solicitation and to include requirements and to obtain bids on behalf of the following entities: Page 22 Orange County Board of County Commissioners, City of Altamonte Springs, City of Orlando, City of Sanford, City of Ocoee, City of Winter Park, Orlando Utilities Commission, Seminole County Government, City of Melbourne, City of Cocoa, City of Clermont, City of Eustis, City of Leesburg, City of Mount Dora, Lake County Board of County Commissioners, Lake County School Board, Town of Lady Lake, Town of Astatula, Each governmental agency using this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. All known entities' requirements are identified in Delivery Schedule A and must be included in the bid response. All agencies' estimated quantities are included in the total estimated quantities of each line item (see Delivery Schedule A) and every attempt has been made to verify that the quantities are accurate. Orange County does not guarantee the accuracy of the estimated annual quantities listed in Delivery Schedule A. The County is acting as "Solicitation Agent" for the identified entities and shall not be held liable for any cost, damages, etc.; incurred by any entity should they enter into resultant contract derived from this solicitation. The County has the sole authority to modify the contract. All sales derived from the award of this solicitation shall be made in accordance with the prices, terms and conditions herein. 20. INDEFINITE QUANTITY CONTRACT a. This is an indefinite quantity contract for the goods or services specified. The quantities of goods and services specified are estimates only and are not purchased by this contract. b. Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The contractor shall furnish to the County, when and if ordered, the goods and services up to and including the quantity designated in the schedule as the "Total Estimated Quantity." The County shall order at least the dollar amount designated in the schedule as the "Minimum Quantity" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. Page 23 SPECIFICATIONS 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 with state of Florida gasoline inspection laws. Gasoline, unleaded, antiknock (octane) index minimum 89 (RON + MON) /2, maximum allowable 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 sulfur fuel (.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. It is anticipated that 90% of the biodiesel purchased by the County will be B -10 (10 percent B -100 biodiesel and 90 percent ultra low sulfur petroleum diesel). Biodiesel Fuel, B -10 blend (10 percent B -100 biodiesel and 90 percent ultra low sulfur petroleum diesel), undyed for use in over the road diesel engines or dyed for use in off road diesel engines, shall meet the ASTM specification D6751 for pure biodiesel and shall consist of mono -alkyl esters of long chain fatty acids derived from new and used vegetable oils and animal fats, designated B100, before blending with #2 ultra low sulfur petroleum diesel per ASTM specification D975. The final product shall comply with Florida Department of Agriculture and Consumer Services inspection laws. To be delivered as ordered via transport truck in full loads, minimum delivery 7,000 gallons. It is anticipated that 75% of the ethanol purchased by the County will be E -10 (10 percent ethanol and 90 percent gasoline for blending). 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. Page 24 ORIGINAL . BID PROPOSAL FORM IFB #Y11- 1014 -JS The contractor shall provide all labor and other resources necessary to provide the supplies, equipment and /or services in strict accordance with the specifications defined in this solicitation for the amounts specified in this Bid Proposal Form, inclusive of overhead, profit and any other costs. FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL ITEM NO. DESCRIPTION LOT 1 - UNLEADED GASOLINE, Transport Loads, as specified 1. 87 Octane, 7,000+ gallon quantity $ - 0.0308 per gallon 2. 89 Octane, 7,000+ gallon quantity $ - 0.0446 per gallon 3. 93 Octane, 7,000+ gallon quantity $ - 0.0879 per gallon Total annual estimated quantity Lot 1 — 1,850,000 gallons LOT 2 - UNLEADED GASOLINE, Tank Wagon Loads, as specified 4. 87 Octane, under 7,000 gallon quantity $ NO BID per gallon 5. 89 Octane, under 7,000 gallon quantity $ NO BID per gallon 6. 93 Octane, under 7,000 gallon quantity $ NO BID per gallon Total annual estimated quantity Lot 2 — 60,000 gallons LOT 3, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified 7. 7,000 + gallon quantity $ 0.0251 per gallon Undyed for motor vehicles 8. 7,000 + gallon quantity $ 0.0276 per gallon Dyed diesel for off road use Total annual estimated quantity Lot 3 — 780,000 gallons PETROLEUM TRADERS CORPORATION Company Name Page 25 FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL ITEM NO. DESCRIPTION LOT 4 - UNDYED AND DYED DIESEL FUEL, Tank Wagon Loads, as specified 9. Under 7,000 gallon quantity $ NO BID per gallon Un -dyed for motor vehicles 10. Under 7,000 gallon quantity $ NO BID per gallon Dyed diesel for off road use Total annual estimated quantity Lot 4 — 100,000 gallons LOT 5, ETHANOL, Transport Loads, as specified 11. E -85 unleaded gasoline, 7,000+ gallon quantity $ NO BID per gallon Total annual estimated quantity Lot 5 — 36,000 gallons FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE MIAMI TERMINAL LOT 6, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 12. B -10 undyed, 7,000+ gallon quantity $ NO BID per gallon 13. B -20 undyed, 7,000+ gallon quantity $ NO BID per gallon 14. B -10 dyed, 7,000+ gallon quantity $ NO BID per gallon 15. B -20 dyed, 7,000+ gallon quantity $ NO BID per gallon Total annual estimated quantity Lot 6 — 100,000 gallons Page 26 FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL LOT 7, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 16. B -10 undyed, 7,000+ gallon quantity $ NO BID per gallon 17. B -20 undyed, 7,000+ gallon quantity $ NO BID per gallon 18. B -10 dyed, 7,000+ gallon quantity $ NO BID per gallon 19. B -20 dyed, 7,000+ gallon quantity $ NO BID per gallon Total annual estimated quantity Lot 7 — 100,000 gallons Minimum Quantity — During the initial performance period of this contract, the County guarantees that the awarded Contractor shall receive orders for a minimum of $50,000.00 for Lot 1, $50,000.00 for Lot 2 and $50,000.00 for Lot 3, $25,000.00 for Lot 4, $25,000.00 for Lot 5 and $25,000.00 for Lots 6 and 7. IMPORTANT NOTE: When completing your bid, do not attach anv 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 one (1) calendar day After Receipt of Order (ARO) per Special Terms and Conditions #8. Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior Purchasing Agent, at telephone number (407) 836 -5410. Page 27 Bid Response Documents - The following documents constitute your bid: A. Bid Proposal, Authorized Signatories /Negotiators, Drug -Free Workplace, Schedule of Sub - Contracting, Conflict/Non- Conflict of Interest Form, E- Verification Certification, and current W9, Relationship Disclosure Form and Orange County Specific Project Expenditure Report. Please make sure forms are signed where required. B. Descriptive literature or detailed specifications for any equal products proposed. C. Completed reference documentation, pages 31 and 32. D. Qualifications of Bidders information, per Special Terms and Conditions #1. E. As part of your Insurance information you will need to provide with your bid: Exhibit A: Leased Employee Affidavit Exhibit B: Commercial General Liability Exhibit C: Commercial General Liability Exhibit D: Worker Compensation and Employers Liability Insurance Policy Exhibit E: Waiver of Transfer of Rights of Recovery Against Others to Us. THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS: Company Name: PETROLEUM TRADERS CORPORATION NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID /PROPOSAL. TIN #: 35- 1462227 D- U -N-S ®# 02- 164 -0487 Address: 7120 POINTE INVERNESS WAY FORT WAYNE (Street No. or P.O. Box Number) (Street Name) (City) ALLEN IN 46804 (County) (State) (Zip Code) Contact Person: GAYLE NEWTON, CONTRACT SALES MANAGER Phone Number: 1- 800 - 348 -3705 x1002 Fax Number: 260- 207 -6347 E -mail Address: gnewton @petroleumtraders.com RICK HAUSCHILD, DISPATCH MANAGER GAYLE NEWTON, CONTRACT SALES MANAGER 260- 226 -1590 (c) EMERGENCY CONTACT 260- 710 -3103 (c) Emergency Contact Person: AFTER HOURS DISPATCH: 800 - 348 -3705 xl Telephone Number: Cell Phone Number: Residence Telephone Number: Page 28 AUTHORIZED SIGNATORIES /NEGOTIATORS The bidder or proposer represents that the following persons are authorized to sign bids, proposals, negotiate and /or sign contracts and related documents to which the bidder will be duly bound: Name Title Telephone Number /E -Mail GAYLE NEWTON CONTRACT SALES MANAGER 1- 800 -348 -3705 x1002 LINDA STEPHENS VICE PRESIDENT 1- 800 -348 -3705 x1002 VICKI HIMES VICE PRESIDENT 1- 800 -348 -3705 x1002 MICHAEL HIMES PRESIDENT 1 -800- 348 -3705 x1002 5/3/2011 (Signature) (Date) GAYLE NEWTON, CONTRACT SALES MANAGER (Title) PETROLEUM TRADERS CORPORATION (Name of Business) The bidder /offeror shall complete and submit the following information with the bid or proposal: Type of Organization Sole Proprietorship Partnership Non - Profit Joint Venture x Corporation State of Incorporation: INDIANA Principal Place of Business (Florida Statute Chapter 607): FORT WAYNE /ALLEN /INDIANA City /County /State Federal I.D. or Social Security number is 35- 1462227 Page 29 ACKNOWLEDGEMENT OF ADDENDA The bidder /proposer shall acknowledge receipt of any addenda issued to the 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 or proposal. Failure to acknowledge an addendum that has a material impact on the solicitation may negatively impact the responsiveness of your bid or proposal. Material impacts include but are not limited to changes to specifications /scope of work, delivery time, performance period, quantities, bonds, letters of credit, insurance, qualifications, etc. Addendum No. , Date Addendum No. , Date Addendum No. , Date Addendum No. , Date Page 30 REFERENCES: List three (3) customers during the past ten (10) years for which you provided, goods or services similar to those specified in the solicitation in the spaces provided below. Provide the owner's name, contact person, address, telephone number, and date services were performed, as described. 1. Owner's Name: SARASOTA COUNTY a. Description of goods or services provided: PROVIDE APPROXIMATELY 4,500,900 GALLONS OF GASOLINE AND DIESEL FUEL PER YEAR b. Contract Amount: 4,500,900 GALLONS PER YEAR c. Date services completed: 5/25/2008 - 5/25/2011 d. Contact Person: DENNIS LILLEY Address: 1660 RINGLING BLVD SARASOTA, FL 34236 Telephone Number: 941 -861 -9600 Email Address: 2. Owner's Name: SEMINOLE COUNTY PUBLIC SCHOOLS a. Description of goods or services provided: PROVIDED APPROXIMATELY 1,350,000 GALLONS OF GASOLINE AND DIESEL FUEL PER YEAR b. Contract Amount: 1,350,000 GALLONS PER YEAR c. Date services completed: 8/1/2009 - 8/31/2010 d. Contact Person: PEGGY GOBLE Address: 400 E. LAKE MARY BLVD SANFORD, FL 32773 Telephone Number: 407- 320 -7530 Email Address: Page 31 3. Owner's Name: MANATEE COUNTY a. Description of goods or services provided: PROVIDE APPROXIMATELY 1,356,000 GALLONS OF GASOLINE AND DIESEL FUEL PER YEAR b. Contract Amount: 1,356,000 GALLONS PER YEAR c. Date services completed: 7/11/2006 - 7/10/2011 d. Contact Person: BONNIE SIETMAN Address: 1112 MANATEE AVE. WEST BRADENTON, FL 34205 Telephone Number: 941- 749 -3046 Email Address: Page 32 DRUG -FREE WORKPLACE FORM The undersigned vendor, in accordance with Florida Statute 287.087 hereby certifies that PETROLEUM TRADERS CORPORATION does: Name of Business 1. 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. Bi er's Signature GAYLE NEWTON, CONTRACT SALES MANAGER 5/3/2011 Date 2/12/01 t. co co i % ƒ %�a5 % C EA S a. 0 e % 0 % 9 o A Sa o %° « t$ ta / % k 0 on f t..' \ k Il 5 ° % r c .. ' \ci o t % � t & � �� 6 0 3 0 ta ƒ t \ ® 0 • ' C. % % 0 0 ° f o o 0 o ƒ - a V o \ \ s © t $ 7" « $ • % ® ® ® % 0 ' % Cu 7 % ® t 0 k k k 0 %' $ t tn \\ k k \ g i e o A5 $ o 0t ƒ %% i t CONFLICT /NON- CONFLICT OF INTEREST STATEMENT CHECK ONE [x ] To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other clients, contracts, or property interest for this project. OR [ ] The undersigned firm, 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 [ x] The undersigned firm 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 firm, 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. PETROLEUM TRADERS CORPORATION COMPANY NAME 1 N AUTHO IZED IGNATURE GAYLE NEWTON NAME (PRINT OR TYPE) CONTRACT SALES MANAGER TITLE Failure to check the appropriate blocks above may result in disqualification of your proposal. 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 proposal. E VERIFICATION CERTIFICATION Contract No. Y11 -1014 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. Y11 -1014, MOTOR FUELS, within the state of Florida. NAME OF CONTRACTOR: PETROLEUM TRADERS CORPORATION ADDRESS OF CONTRACTOR: 7120 POINTE INVERNESS WAY FORT WAYNE, IN 46804 AUTHORIZED SIGNATURE: 93-ttA )L TITLE: GAYLE NEWTON, CONTRACT SALES MANAGER DATE: 5/3 /2011 For Staff Use Only: OC CE FORM 2P Date Submitted FOR PROCUREMENT - RELATED ITEMS (November 5, 2010) Date Updated For use after March 1, 2011 Bid Number Y11- 1014 -JS RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS. EXCEPT THOSE WHERE THE COUNTY IS THE PRINCIPAL OR PRIMARY APPLICANT For procurement items that will come before the Board of County Cominissioners for final approval, this form shall be completed by the bidder, offerer, quoter or respondent and shall be submitted to the Purchasing and Contracts Division by the bidder, offerer, quoter or respondent. In the event any information provided on this form should change, the applicant must file an amended form on or before the date the item is considered by the appropriate board or body. Part I oaiF • '' ; I INFORMATION ON APPLICANT (BIDDER, OFFEROR, QUOTER, OR r RESPONDENT): i Legal Name of Applicant: PETROLEUM TRADERS CORPORATION {T.: ;,. Business Address (Street/P.O. Box, City and Zip Code): 7120 POINTE INVERNESS WAY '' i, FORT WAYNE, IN 46804 s . , Business Phone ( eoo) 348 -3705 x1002 Facsimile (260 ) 207 -6347 INFORMATION ON APPLICANT'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) ' r Name of Applicant's Authorized Agent: 4 N/A 1 ' j ' ` Business Address (Street/P.O. Box, City and Zip Code): u. . Business Phone ( ) F }Y , _ Facsimile ( ) Wage For Staff Use Only: OC CE FORM 2P Date Submitted FOR PROCUREMENT- RELATED ITEMS (November 5, 2010) Date Updated For use after March 1, 2011 Bid Number Y11-1014-JS Part II �h. IS THE APPLICANT A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? k'. YES x NO IS THE MAYOR OR ANY MEMBER OF THE BCC THE APPLICANT'S ;. EMPLOYEE? 1i: YES x NO IS THE APPLICANT OR ANY PERSON WITH A DIRECT BENEFICIAL ' x. INTEREST IN THE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF ` THE MAYOR OR ANY MEMBER OF THE BCC? . 1;'; YES x NO f : 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) 2IPage For Staff Use Only: OC CE FORM 2P Date Submitted FOR PROCUREMENT - RELATED rrEMS (November 5, 2010) Date Updated For use after March 1, 2011 Bid Number Y11-1014-JS '. `'p 'f Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED 1 ' 1 hereby certify that information provided in this relationship disclosure form is true and t s • correct based on my knowledge and belief. If any of this information changes, 1 further :::'. acknowledge and agree to amend this relationship disclosure form prior to any meeting at 1 , , '! which the above- referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, 1 understand and acknowledge that whoever knowingly makes a false 1 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 Ni s. 775.082 or s. 775.083, Florida Statutes. '1c' Date: 5/3/2011 ! Signature o Applicant ' -` 11 Print Name and Title of Person completing this form: GAYLE NEWTON, CONTRACT SALES MANAGER 9'.l INDIANA '' STATE OFVi7®RIVA . • l, COUNTY OF ALLEN 7, i I certify that the foregoing instrument was acknowledged before me this 3RD day of MAY , 20 ii by GAYLE NEWTON . He /she 1' rersonally know o me or ti t has produced N / A as identification and di. .r 1• no m e an oath. ''' 1 Witness my hand and official seal in the county and state stated above on the 3RD , ; ; da y of MAY , in the year 2011 . 4. 4 u '` � Si lure of Notary P i1C KATHER NE J J. THAYER ^ 1 (Notary Seal) Notary Public for the State ofti�>3[ INDIANA My Commission Expires: 5/28/2016 form oc ce 2p (relationship disclosure form - procurement) (3 -1 -11) 31Page For Staff Use Only: Specific Project Expenditure Report (Revised November 5, 2010) Initially submitted on For use as of March 1, 2011 Updated On Project Name (as filed) Case or Bid No. Y11- 1014 -JS 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: x This is a Subsequent Form: t Part I „„ Vw Please complete all of the following: oi l' _?= Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): ! PETROLEUM TRADERS CORPORATION, 7120 POINTE INVERNESS WAY, FORT WAYNE, IN 46804 I Name and Address of Principal's Authorized Agent, if applicable: N/A List the name and address of all lobbyists, consultants, contractors, subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) 1. Name and address of individual or business entity: TAMPA TANK LINES, 5024 20TH AVE. S. , TAMPA, FL Are they registered Lobbyist? Yes or No x 2. Name and address of individual or business entity: GREENS ENERGY SERVICES, INC. , 186 N GOLDENROD RD, Are they registered Lobbyist? Yes or No x ORLANDO, FL 3. Name and address of individual or business entity: J S WEIPZ ENTERPRISE, 315 S BROOKSVILLE AVE, ,c; y: i,, R(' Are they registered Lobbyist? Yes or No X BROOKSVILLE, FL 11)' 41 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: �r. " Are they registered Lobbyist? Yes — or No 8. Name and address of individual or business entity: Are they registered Lobbyist? Yes — or No__ 11Pagc For Staff Use Only: Specific Project Expenditure Report (Revised November 5, 2010) initially submitted on For use as of March 1, 2011 Updated On Project Name (as filed) Case or Bid No. Y11-1014-JS Part II Expenditures: 1 For this report, an "expenditure" means money or anything of value given by the principal and/or his/her lobbyist 7. for the purpose of lobbying, as defined in section 2 -351, Orange County Code. This may include public relations il expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of print and distribution 1 of publications. However, the term "expenditure" does not include: I ■ 1 • 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; I • 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. I The following is a complete list of all lobbying expenditures and activities (including those of lobbyists, `� contractors, consultants, etc.) incurred by the principal or his/her authorized agent and expended in connection -1 with the above - referenced project or issue. You need not include de minimus costs (under S50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or other documents • 'j related to this project. d t Date of Name of Party Description of Activity Amount Expenditure Incurring Paid Expenditure $ NONE y k., :i v : it i i. :1 :) ; u • r1, l ' % ; TOTAL EXPENDED THIS $ o I REPORT 2IPage For Staff Use Only: Specific Project Expenditure Report (Revised November 5, 2010) Initially submitted on For use as of March 1, 2011 Updated On Project Name (as filed) Case or Bid No. Y11- 1014 -JS Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED 1 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 range 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 f te Statutes. Date: 5/3/2011 i\ y'. • Signature ofl Principal or o Principal's Authorized Agent (check appropriate box) PRINT NAME AND TITLE: GAYLE NEWTON, CONTRACT SALES MANAGER INDIANA ii STATE OF RIi< [ COUNTY OF ALLEN • I certify that the foregoing instrument was acknowledged before me this 3RD day of MAY . 20 11 by GAYLE NEWTON . He /she is .et `hall — E - 6W o me or has produced N/A as identification and di 'is no take an oath. Witness my hand and official seal in the county and state stated above on the 3RD day of MAY , in the year 2011 . • V 1f�A\ vLJ �i 3 • Sig ture of Notary Pul is KATHER:IN ' THAYER (Notary Seal) Notary Public for the State of $ t INDIANA i M C ommission Expires: 5/28/2016 ski My P S:dcrosbyl ethics pkg — final fonns and ords\2010 workgroup\specific project expenditure form 3 -1 -11 3IPage AGENT AUTHORIZATION FORM C NTI FOR PROCUREMENTS IN ORANGE COUNTY, FLORIDA GOVERNMENT F L O E I D A I/WE, (PRINT BIDDER, OFFEROR, QUOTER OR RESPONDENT NAME) , DO HEREBY AUTHORIZE TO ACT AS MY /OUR AGENT (PRINT AGENT'S NAME), NONE , TO EXECUTE ANY PETITIONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE CONTRACT APPROVAL PROCESS MORE SPECIFICALLY DESCRIBED AS FOLLOWS, (IFB/RFP 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. Date: Signature of Bidder, Offeror, Quoter or Respondent • STATE OF FLORIDA • COUNTY OF 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 . Signature of Notary Public (Notary Seal) Notary Public for the State of Florida My Commission Expires: 1 iPage. I I EXHIBIT A 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 1 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 fumish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. 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: 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: PETROLEUM TRADERS CORPORATION ' 1 / Signature of Owner /Officer: 1 i . Title: LINDA STEPHENS, VICE PRESIDENT Date: 5/3/201]. Rcviscd 11 /1 /08 • 0 PURCHASING AND CONTRACTS DIVISION JOHNNY M. RICHARDSON, CPPO, CFCM, Manager 400 E. South Street, 2nd Floor • Reply To: Post Office Box 1393. Orlando, Florida :32802-1393 T 407-836-5635 . Far: 407-836-5899 • http://www.oclInet CUN GOVERNMENT TERM CONTRACT NO. Y11 -1014B MOTOR FUELS Lots 3, 5, 6, and 7 TO: Mansfield Oil Company 1025 Airport Parkway Gainesville, GA 30501 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: TERMS AND CONDITIONS 1. Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bids No. ¥11-1014-JS, Motor Fuels - Term Contract, and is subject to all terms and conditions therein. 2. Term of Contract: A. 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. B. This contract is effective June 7, 2011, and shall remain in effect through June 6, 2012. The estimated contract award for this period is $4,750,000.00. C. 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 Purchasing and Contracts Division to be valid, binding, and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation for Bids. Page 1 of 2 Revised (3/19/07) 3. 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 delivery. 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. 4. 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. 5. 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. 6. All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA BY i1 cam° • I, � � l i J -Ili E. Schell, C.P.M., C ?1'', FCPA Purc asing and Contracts Division DATE - x0 11 Page 2 of 2 Revised (3/19/07) Also, in accordance with the County M/WBE Ordinance, award of this Invitation for Bids may be made to the lowest responsive and responsible certified Minority/Women Business Enterprise bidder as long as that bid does not exceed the percentages listed below: 8% on bid awards up to $100,000; 7% on bid awards from $100,000 to $500,000; 6% on bid awards from $500,000.01 to $750,000.00; 5% on bid award from $750,000.01 to $2,000,000; 4% on bid awards from $2,000,000.01 to $5,000,000; or 3% on bid awards over $5,000,000.01. 17. 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. Vendor /contractor agrees to rent/sell /lease all goods and services to the County or other governmental entities as opposed or a private citizen, on a first priority basis. The County expects to pay contractual prices for all products or services required during an emergency situation. Vendor /contractor shall furnish a twenty -four (24) hour phone number in the event of such an emergency. 18. REFERENCES A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. More than one person can be listed but all must have knowledge of the project. The reference shall be the owner or a representative of the owner. Consultants or contractors who provided services under the referenced project (contract) shall not be accepted as references. DO NOT list principals or officers who will 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. 4 19. CENTRAL FLORIDA PURCHASING COOPERATIVE (CFPC) CFPC is a standing committee under the Central Florida Chapter of NIGP (National Institute of Governmental Purchasing). The objectives of this committee are to achieve cost savings by combining requirements into cooperative contracts, realizing savings by volume buying, lower administrative costs and increased service levels from vendors. It is the intent of Orange County to act as the lead agency with this solicitation and to include requirements and to obtain bids on behalf of the following entities: Page 22 Orange County Board of County Commissioners, City of Altamonte Springs, City of Orlando, City of Sanford, City of Ocoee, City of Winter Park, Orlando Utilities Commission, Seminole County Government, City of Melbourne, City of Cocoa, City of Clermont, City of Eustis, City of Leesburg, City of Mount Dora, Lake County Board of County Commissioners, Lake County School Board, Town of Lady Lake, Town of Astatula, Each governmental agency using this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. All known entities' requirements are identified in Delivery Schedule A and must be included in the bid response. All agencies' estimated quantities are included in the total estimated quantities of each line item (see Delivery Schedule A) and every attempt has been made to verify that the quantities are accurate. Orange County does not guarantee the accuracy of the estimated annual quantities listed in Delivery Schedule A. The County is acting as "Solicitation Agent" for the identified entities and shall not be held liable for any cost, damages, etc.; incurred by any entity should they enter into resultant contract derived from this solicitation. The County has the sole authority to modify the contract. All sales derived from the award of this solicitation shall be made in accordance with the prices, terms and conditions herein. 20. INDEFINITE QUANTITY CONTRACT a. This is an indefinite quantity contract for the goods or services specified. The quantities of goods and services specified are estimates only and are not purchased by this contract. b. Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The contractor shall furnish to the County, when and if ordered, the goods and services up to and including the quantity designated in the schedule as the "Total Estimated Quantity." The County shall order at least the dollar amount designated in the schedule as the "Minimum Quantity" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. Page 23 BID PROPOSAL FORM ����¢ {•• IFB #Y11- 1014 -JS The contractor shall provide all labor and other resources necessary to provide the supplies, equipment and/or services in strict accordance with the specifications defined in this solicitation for the amounts specified in this Bid Proposal Form, inclusive of overhead, profit and any other costs. FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL ITEM NO. DESCRIPTION LOT 1 - UNLEADED GASOLINE, Transport Loads, as specified 1. 87 Octane, 7,000+ gallon quantity $ - 0.0035 per gallon 2. 89 Octane, 7,000+ gallon quantity $ - 0.0084 per gallon 3. 93 Octane, 7,000+ gallon quantity $ - 0.0305 per gallon Total annual estimated quantity Lot 1 — 1,850,000 gallons LOT 2 - UNLEADED GASOLINE, Tank Wagon Loads, as specified 4. 87 Octane, under 7,000 gallon quantity $ +0.1754 per gallon 5. 89 Octane, under 7,000 gallon quantity $ +0.1754 per gallon 6. 93 Octane, under 7,000 gallon quantity $ +0.1754 per gallon Total annual estimated quantity Lot 2 — 60,000 gallons LOT 3, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified 7. 7,000 + gallon quantity $ +0.0042 per gallon Undyed for motor vehicles 8. 7,000 + gallon quantity $ +0.0067 per gallon Dyed diesel for off road use Total annual estimated quantity Lot 3 — 780,000 gallons Mansfield Oil Company Company Name Page 25 FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL ITEM NO. DESCRIPTION LOT 4 - UNDYED AND DYED DIESEL FUEL, Tank Wagon Loads, as specified 9. Under 7,000 gallon quantity $ +0.1754 per gallon Un -dyed for motor vehicles 10. Under 7,000 gallon quantity $ +0.1754 per gallon Dyed diesel for off road use Total annual estimated quantity Lot 4 — 100,000 gallons LOT 5, ETHANOL, Transport Loads, as specified 11. E -85 unleaded gasoline, 7,000+ gallon quantity $ +0.0209 per gallon Total annual estimated quantity Lot 5 — 36,000 gallons FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE MIAMI TERMINAL LOT 6, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 12. B -10 undyed, 7,000+ gallon quantity $ +0.0572 per gallon 13. B -20 undyed, 7,000+ gallon quantity $ +0.0472 per gallon 14. B -10 dyed, 7,000+ gallon quantity $ +0.0572 per gallon 15. B -20 dyed, 7,000+ gallon quantity $ +0.0472 per gallon Total annual estimated quantity Lot 6 — 100,000 gallons Manfi�'�' 011 Co. 1025 . .`mrkway Page 26 Gain—vt1ie, L 30501 FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL LOT 7, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 16. B -10 undyed, 7,000+ gallon quantity $ +0.0116 per gallon 17. B -20 undyed, 7,000+ gallon quantity $ + 0.0016 g q y per gallon 18. B -10 dyed, 7,000+ gallon quantity $ +0.0116 per gallon 19. B -20 dyed, 7,000+ gallon quantity $ +0.0016 per gallon Total annual estimated quantity Lot 7 — 100,000 gallons Minimum Quantity — During the initial performance period of this contract, the County guarantees that the awarded Contractor shall receive orders for a minimum of $50,000.00 for Lot 1, $50,000.00 for Lot 2 and $50,000.00 for Lot 3, $25,000.00 for Lot 4, $25,000.00 for Lot 5 and $25,000.00 for Lots 6 and 7. 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 one (1) calendar day After Receipt of Order (ARO) per Special Terms and Conditions #8. Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior Purchasing Agent, at telephone number (407) 836- 5410. Mansn- on Co. 1025 !Parkway JA 30501 Page 27 O t PURCHASING AND CON'1'itACTS DIVISION JOIiNNY M. RICHARDSON, CPPO, CFCM, Manager - 400 B. South Street, 2nd Floor • Reply To: Post Office Box 1393 .Orlando, Florida 32802-1393 C 0 ` U1V 1 1 407-836-5635 . Fax: 407- 836.5899 • http: / /www.ocfl.nct GOVERNMENT E 1. (1 It I U A TERM CONTRACT NO.Y11 -1014C MOTOR FUELS Lots2and4 TO: On -Site Fuel Services, Inc. 1089 A Old Fannin Road Brandon, MS 39047 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: TERMS AND CONDITIONS 1. Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bids No. Y11- 1014 -JS, Motor Fuels - Term Contract, and is subject to all terms and conditions therein. 2. Term of Contract: A. 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. B. This contract is effective June 7, 2011, and shall remain in effect through June 6, 2012. The estimated contract award for this period is $7,000,000.00. C. 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 Purchasing and Contracts Division to be valid, binding, and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation for Bids. Page 1 of 2 Revised (3/19/07) I 3. 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 delivery. 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. 4. 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. 5. 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. 6. All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA BY °T A g Ja I- E. Schell, C.P.M., C B F FCPA Pu asing and Contracts Division DATE Co , q'A0lt Page2of2 Revised (3/19/07) Also, in accordance with the County M/WBE Ordinance, award of this Invitation for Bids may be made to the lowest responsive and responsible certified Minority/Women Business Enterprise bidder as long as that bid does not exceed the percentages listed below: 8% on bid awards up to $100,000; 7% on bid awards from $100,000 to $500,000; 6% on bid awards from $500,000.01 to $750,000.00; 5% on bid award from $750,000.01 to $2,000,000; 4% on bid awards from $2,000,000.01 to $5,000,000; or 3% on bid awards over $5,000,000.01. 17. 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. Vendor /contractor agrees to rent/sell /lease all goods and services to the County or other governmental entities as opposed or a private citizen, on a first priority basis. The County expects to pay contractual prices for all products or services required during an emergency situation. Vendor /contractor shall furnish a twenty -four (24) hour phone number in the event of such an emergency. 18. REFERENCES A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. More than one person can be listed but all must have knowledge of the project. The reference shall be the owner or a representative of the owner. Consultants or contractors who provided services under the referenced project (contract) shall not be accepted as references. DO NOT list principals or officers who will 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. 4._ 19. CENTRAL FLORIDA PURCHASING COOPERATIVE (CFPC) CFPC is a standing committee under the Central Florida Chapter of NIGP (National Institute of Governmental Purchasing). The objectives of this committee are to achieve cost savings by combining requirements into cooperative contracts, realizing savings by volume buying, lower administrative costs and increased service levels from vendors. It is the intent of Orange County to act as the lead agency with this solicitation and to include requirements and to obtain bids on behalf of the following entities: Page 22 ii Orange County Board of County Commissioners, City of Altamonte Springs, City of Orlando, City of Sanford, City of Ocoee, City of Winter Park, Orlando Utilities Commission, Seminole County Government, City of Melbourne, City of Cocoa, City of Clermont, City of Eustis, City of Leesburg, City of Mount Dora, Lake County Board of County Commissioners, Lake County School Board, Town of Lady Lake, Town of Astatula, Each governmental agency using this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. All known entities' requirements are identified in Delivery Schedule A and must be included in the bid response. All agencies' estimated quantities are included in the total estimated quantities of each line item (see Delivery Schedule A) and every attempt has been made to verify that the quantities are accurate. Orange County does not guarantee the accuracy of the estimated annual quantities listed in Delivery Schedule A. The County is acting as "Solicitation Agent" for the identified entities and shall not be held liable for any cost, damages, etc.; incurred by any entity should they enter into resultant contract derived from this solicitation. The County has the sole authority to modify the contract. All sales derived from the award of this solicitation shall be made in accordance with the prices, terms and conditions herein. 20. INDEFINITE QUANTITY CONTRACT a. This is an indefinite quantity contract for the goods or services specified. The quantities of goods and services specified are estimates only and are not purchased by this contract. b. Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The contractor shall furnish to the County, when and if ordered, the goods and services up to and including the quantity designated in the schedule as the "Total Estimated Quantity." The County shall order at least the dollar amount designated in the schedule as the "Minimum Quantity" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. Page 23 ORIGINAL BID PROPOSAL FORM IFB #Y11- 1014 -JS The contractor shall provide all labor and other resources necessary to provide the supplies, equipment and /or services in strict accordance with the specifications defined in this solicitation for the amounts specified in this Bid Proposal Form, inclusive of overhead, profit and any other costs. FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL ITEM NO. DESCRIPTION LOT 1 - UNLEADED GASOLINE, Transport Loads, as specified 1. 87 Octane, 7,000+ gallon quantity $ 0, /JO per gallon 2, 89 Octane, 7,000+ gallon quantity $ f - D. /a a per gallon 3. 93 Octane, 7,000+ gallon quantity $ ! 'O. / a b per gallon Total annual estimated quantity Lot 1 - 1,850,000 gallons LOT 2 - UNLEADED GASOLINE, Tank Wagon Loads, as specified 4. 87 Octane, under 7,000 gallon quantity $ f O. ! per gallon 5. 89 Octane, under 7,000 gallon quantity $ f O. /Y /..S gallon 6. 93 Octane, under 7,000 gallon quantity $ o. /Y95 per gallon Total annual estimated quantity Lot 2 - 60,000 gallons LOT 3, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified 7. 7,000 + gallon quantity $ /,•%o o per gallon Undyed for motor vehicles 8. 7,000 + gallon quantity $ O. /°o per gallon Dyed diesel for off road use Total annual estimated quantity Lot 3 - 780,000 gallons P-< e Frei Sen.vOce T,.nr. Company Name Page 25 FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL ITEM NO. DESCRIPTION LOT 4 - UNDYED AND DYED DIESEL FUEL, Tank Wagon Loads, as specified 9. Under 7,000 gallon quantity $ t1.. ! y4 5 per gallon Un -dyed for motor vehicles 10. Under 7,000 gallon quantity $ 4 14-19 s per gallon Dyed diesel for off road use Total annual estimated quantity Lot 4 — 100,000 gallons LOT 5, ETHANOL, Transport Loads, as specified 11. E -85 unleaded gasoline, 7,000+ gallon quantity $ per gallon Total annual estimated quantity Lot 5 — 36,000 gallons FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE MIAMI TERMINAL LOT 6, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 12. B -10 undyed, 7,000+ gallon quantity $ + O. )S per gallon 13. B -20 undyed, 7,000+ gallon quantity $ f 0. /95 per gallon 14. B -10 dyed, 7,000+ gallon quantity $ '1"' /q s per gallon 15. B -20 dyed, 7,000+ gallon quantity $ 'f d. /q S per gallon Total annual estimated quantity Lot 6 — 100,000 gallons Page•26 FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE ORLANDO TERMINAL LOT 7, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 16. B -10 undyed, 7,000+ gallon quantity $ f o. /oo per gallon 17. B -20 undyed, 7,000+ gallon quantity $ t'o./oa per gallon 18. B -10 dyed, 7,000+ gallon quantity $ 0, /m per gallon 19. B -20 dyed, 7,000+ gallon quantity $ •# o. /du per gallon Total annual estimated quantity Lot 7 — 100,000 gallons Minimum Quantity — During the initial performance period of this contract, the County guarantees that the awarded Contractor shall receive orders for a minimum of $50,000.00 for Lot 1, $50,000.00 for Lot 2 and $50,000.00 for Lot 3, $25,000.00 for Lot 4, $25,000.00 for Lot 5 and $25,000.00 for Lots 6 and 7. 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 one (1) calendar day After Receipt of Order (ARO) per Special Terms and Conditions #8. Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior Purchasing Agent, at telephone number (407) 836 -5410. Page 27 O PURCHASING AND CONTRACTS DIVISION JOHNNY M. RICHARDSON, CPPO, CFCM, Manager 400 E. Sleuth Street, 2nd Moor • Reply To: Post Office Aoc 1393 • ()rlando, Florida 32802 -1393 407- 836 -5635 • Fax: 407.836 -5899 • http: /hwtw.ocll,net C UNTY GOVERNMENT F L O R I D A TERM CONTRACT NO.Y12 -121A MOTOR OILS AND LUBRICANTS LOT 1 TO: Lynch Oil Company 1244 E. Carroll St. Kissimmee, FL 34744 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: TERMS AND CONDITIONS 1. Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bids No. Y12- 121 -JS, Motor Oils and Lubricants - Term Contract, and is subject to all terms and conditions therein. 2. Term of Contract: A. 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. B. This contract is effective November 18, 2011, and shall remain in effect through November 17, 2012. The estimated contract award for this period is $104,198.00. C. 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 Purchasing and Contracts Division to be valid, binding, and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation for Bids. Page 1 of 2 Revised (3/19/07) 3. 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 delivery. 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. 4. 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. 5. 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 Road Orlando, FL 32808 Orange County Utilities Department Solid Waste Division 5901 Young Pine Road Orlando, FL 32829 B. Invoices against this contract are authorized only at the prices stated in your bid response, unless otherwise provided in the Invitation for Bids. 6. All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA BY 010111t' • • 4.1.0 Ja Schell, Jr., C.P.M. C' • B, FCPA Purc asing and Contracts Division DATE lt'SO Page 2 of 2 Revised (3/19/07) BID RESPONSE FORM ORIGINAL IFB #Y12- 121-JS The Contractor shall provide all labor and of her resources necessary to provide the supplies, equipment and /or services in strict accordance with the specifications defined in this solicitation for the amounts specified in this Bid Proposal Form, inclusive of overhead, profit and any other costs. LOT 1, MOTOR OILS ANNUAL ITEM ESTIMATED UNIT EXTENDED NO. PRODUCT UNIT QUANTITY PRICE PRICE 1. 5W20 Quart 300 $3.DD $ 7'(0.00 Brand Name Fortv\ula 441 2. 10W30 Quart 200 $ 3, [ $ 600O3 Of) Brand Name Vncv1lok4:1IQ,0 3. 10W30 Bulk 2,000 Gallons $ (o.`J $ 11SC3_tI Brand Name So f 4. Anti - Freeze Bulk 800 Gallons $ 11 .00 $ tS' bO Brand Name S h, 5. Anti - Freeze 1 Galion 2,000 $ 1 (. D C) $ xa. oc30. ®o 50/50 Jug /Container Brand Name he.l.l 6. Dexron /Mercon ATF Bulk 3,000 $16. 6 $_Thia.120 Brand Name .S149 r 7. Dexron /Mercon ATF 55G Drum 6 $ /00. CX) $ G S`f 00, UCH Brand Name ..4 r Company Name Page 24 LOT 1, MOTOR OILS, CONTINUED ANNUAL ITEM ESTIMATED UNIT EXTENDED NO. PRODUCT UNIT QUANTITY PRICE PRICE 8. Dexron /Mercon ATF Quart 450 $ 4 1.5( L 1 $ al ? cc. nc) Brand Name Supe r 5 9. Brake Fluid 12 oz. 500 Containers $ 1.54 $ A`I3. or) Brand Name Forinkula.Skil 10. Power Steering Fluid Quart 200 $ 3.d5 $ 6S6. CDC) Brand Name Fo('IA► Ack 62 4 TOTAL OFFER, LOT 1 FOB DESTINATION $ 10 'f ! ;L/ .. 00 LOT 2, TRUCK/HEAVY EQUIPMENT DIESEL MOTOR OIL SPEC. C.!-4 1. Diesel Exhaust Fluid Bulk 500 Gallons $ . y $ $ Brand Nameler f A Ccti J' 2. Diesel Exhaust Fluid 55G Drum 5 $ 1 OCR $ 1 . (� Brand Name Tesrq CAA f 3. Diesel Exhaust Fluid 5G Pail 10 $10,00 $ 100.00 Brand Name`[en4 Cs∎r 4. Diesel Exhaust Fluid 2.5G Pail 24 $ !S; co $ 360,00 Brand Name Te,rrc Cr 5. 15w40 Bulk 20,000 Gallons $ 1.10 $ (x11.00 Brand Name 14 Eivkurcwe. Page 25 i LOT 2, TRUCK/HEAVY EQUIPMENT DIESEL MOTOR OIL SPEC. CJ-4, CONTINUED ANNUAL ITEM ESTIMATED UNIT EXTENDED NO. PRODUCT UNIT QUANTITY PRICE PRICE 6. 15w40 55G Drum 10 $ 6O $ L I 71 Brand Name 5 1p\,\ 7. 15w40 on Quarts 3,500 $ 3.3 4 $ 116(40.00 Brand Name-She-AA ew e .Ilcl TOTAL OFFER, LOT 2 FOB DESTINATION $ [7 7 U . 00 LOT 3, TRUCK/HEAVY EQUIPMENT OTHER 1. 85/140 Bulk 500 Gallons $ 9.6$ $ 1 - 169'C0. bO Brand Name &.2..r s 2. Tractor Fluid Bulk 8,000 Gallons $ 7. ¶ $ 6304(3, 00 Brand Name . w 1i bewxy. th 3. TO -4 Fluid 30W 55G Drum 23 $ S L O $ I.33 ..130 Brand Name 5 � cy 17T 3O 4. TO -4 Fluid 50W 55G Drum 15 $ 1j„ 60 $ 56 .60 Brand Name .S1 _U 11:10.X TC50 5. Syn 80/140 55G Drum 10 $ I A"0, $ $ CXX). CO Brand Name p r 5 6. AW32 Bulk 3,500 Gallons $ 7,DA $ aSa3�j.Od Brand Name 5 1 TeAu 7. MP EP -2 Grease 120Ib. Keg 38 $ e).f3 $ 11004. c3 Brand Name 5X11 ��VclniS Page 26 LOT 3, TRUCK/HEAVY EQUIPMENT OTHER, CONTINUED ANNUAL ITEM ESTIMATED UNIT EXTENDED NO. PRODUCT UNIT QUANTITY PRICE PRICE 8. MP EP -2 Grease 14oz.Tube 100 $ d. $ S‘•O6 Brand Name Shell Muctrt 1 C4 9. S46AW B10 Blend 55G Drum 10 $ 1011.66 $ 14, 1 Brand Name Fikq vi h h 64.11 TOTAL OFFER, LOT 3 FOB DESTINATION $ - f e6 SLID. 6 0 TOTAL OFFER LOTS 1, 2 AND 3 FOB DESTINATIONS $ �I (.a (o (07 . 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 twenty -four (24) hours After Receipt of Order (ARO) per Special Terms and Conditions #6. Inquiries regarding this Invitation for bids may be di rected to Jim Schell, Senior Purchasing Agent, at Jim.Schell(cr�.ocfI.net Bid Response Documents - The following documents constitute your bid: A. Bid Response Form, Authorized Signatories /Negotiators, Drug -Free Workplace, Schedule of Sub - Contracting, Conflict/Non- Conflict of Interest Form, E- Verification Certification, and c urrent W9, Relationship Disclosure Form and Orange County Specific Project Expenditure Report. Please make sure forms are fully executed where required. B. Completed reference documentation, pages 31 and 32. C. Qualifications of Bidders information, per Special Terms and Conditions #1. D. Certificate of Competency and License, per Special Terms and Conditions #2. Page 27 Page 1 of 2 From: Tolbert, Joyce Sent: Monday, April 23, 2012 9:40 AM To: Krug, Stephen Subject: FW: Fuel and oil contracts from Orange county. From: Simmons, Bill Sent: Monday, April 09, 2012 9:34 AM To: Tolbert, Joyce Subject: FW: Fuel and oil contracts from Orange county. Joyce Orange county's permission to ride the lynch oil contract below. Bill Simmons City Of Ocoee Public Works Team Fleet and Sanitation Operations Manager Office 407 - 905 -3170 Ext. 6005 Cell 407 -427 -8127 From: Jim.Schell @ocfl.net imailto:Jim.Schell @ocfl.netl Sent: Monday, April 09, 2012 9:09 AM To: Simmons, Bill Subject: RE: Fuel and oil contracts from Orange county. Bill, The County has no objection to the City of Ocoee piggybacking Orange County term contract Y12 -121, Motor Oils and Lubricants. Thank you and please let me know if I may be of further assistance. Jim Schell, C.P.M., CPPB, FCPA Senior Purchasing Agent Purchasing and Contracts Division Orange County Government Florida 407 - 836 -5410 From: Simmons, Bill imailto :BSimmons @ci.ocoee.fl.usl Sent: Monday, April 09, 2012 8:52 AM To: Schell, Jim Subject: FW: Fuel and oil contracts from Orange county. Good morning Jim Could the City of Ocoee have permission to piggy back on the Lynch oil contract for bulk petroleum. Our purchasing agent would like to make sure that it is acceptable, see below. Thanks. Bill Simmons City Of Ocoee Public Works Team Fleet and Sanitation Operations Manager Office 407 - 905 -3170 Ext. 6005 file: / /Y: \Public Works \PREVIOUS MEETINGS 2012 \05 -01 -12 \Bulk Fuel, Oil, Lubricants... 4/23/2012 Page 2 of 2 Cell 407 -427 -8127 From: Tolbert, Joyce Sent: Thursday, April 05, 2012 9:15 AM To: Simmons, Bill Cc: Krug, Stephen; Hill, Michelle Subject: RE: Fuel and oil contracts from Orange county. Bill, See attached and below, as you will need permission from OC to piggyback Lynch Oil as there was no permission clause in their contract. The other two are not piggybacking, but are cooperative contracts as OC is the lead agency and bid the contract for the City, as we are a member of the CFPC, see Section 19 as the City is named. Please obtain CC approval to use as long as the contracts are valid (this way you will not have to take back), as the PO amounts will be over the City Manager's authority to approve. We will then add the two coop contracts back to the City's term contract list. Thanks, Joyce From: Simmons, Bill Sent: Monday, April 02, 2012 1:36 PM To: Tolbert, Joyce Cc: Krug, Stephen Subject: Fuel and oil contracts from Orange county. Joyce below are the current contract numbers from Orange county for fuel and oil. Please check them for the items that you need to see and if you agree that we can use them I'll ask Steve to present them at a commission meeting for approval. Thank you. Y12 -121 (CONTRACT -A) Lynch oil for bulk Petroleum products Need OC permission to piggyback and CC approval. Y11- 1014B- Mansfield Oil for transport loads of fuel to Public works. Coop Contract, CC approval. Y11- 1014C- On Site fueling for wagon loads to the remote stations and stationary generators. Coop Contract, CC approval. Bill Simmons City Of Ocoee Public Works Team Fleet and Sanitation Operations Manager Office 407 - 905 -3170 Ext. 6005 Cell 407 -427 -8127 PLEASE NOTE: Florida has a very broad public records law (F. S. 119). All e -mails to and from County Officials are kept as a public record. Your e -mail communications, including your e -mail address may be disclosed to the public and media at any time. file: / /Y: \Public Works \PREVIOUS MEETINGS 2012 \05 -01 -12 \Bulk Fuel, Oil, Lubricants... 4/23/2012