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Item #05 Approval of Motor Fuels - Tank Wagon Deliveries
t 4�/ Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 17, 2013 Item # Reviewed By: Contact Name: Stephen C. Kru Department Dire( Contact Number: 6002 City Manager: I_JUU Invwr rueis — i anK wagon uenveries. Background Summary: The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead agency in solicitations that can benefit multiple municipalities. The City approved utilizing this purchasing power for petroleum products on May 1, 2012, for bulk transport loads delivered to the Public Works complex and tank wagon loads delivered to remote sites throughout the City. The vendor providing the tank wagon load deliveries has changed and Public Works is requesting Commission approval to utilize the new contract with Atlas Oil Company for as long as the contract remains valid. Issue: Request the City Commission approve the purchase of petroleum products through the existing Orange County term contract via the Central Florida Purchasing Cooperative for tank wagon load deliveries. Recommendations Recommend the City Commission approve the purchase of petroleum products through the Orange County Term Contract No. Y13 -1059, Motor Fuels — Tank Wagon Deliveries with Atlas Oil Company for as long as the contract remains valid and up to the amounts incorporated into the budget. Attachments: Orange County Contract Y12 -1059, Atlas Oil Company. Financial Impact: The purchase of petroleum products is adequately funded through the fuel, oil and lubricant line items in the budget. Type of Item (please mark with an x') Public Hearing For Clerk's Dept Use Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction vnglnal uocumenvuontract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by A ) N/A O RM AN 1j PURCHASING AND CONTRA(_'TS D1XJSION l� JOIL\TN 1%I RICHARDSON, ('1'1'0, CI~CM, Manager Co Y 400 E. Smith Strcct, 2nd Fluor . Rcply'lu: Yost Office Box 1393. Orltmdo, Florida 8`.x'801 -1393 407-836-5635. Fax: 107 -836 -5899 . http: / /�c�c�cocll. net GOVERNMENT F r " H ' " A TERM CONTRACT NO.Y13 -1059 Motor Fuels -Tank Wagon Deliveries TO: Atlas Oil Company 24501 Ecorse Road Taylor, MI 48180 -1641 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 Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bids No. Y13- 1059 -JS, Motor Fuels -Tank Wagon Deliveries- 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 September 1, 2013, and shall remain in effect through August 31, 2014. The estimated contract award for this period is $1,600,00.00. 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. Pagel of 2 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, Florida 32811 Phone (407) 836 -8210 B. Invoices against this contract are authorized only at the prices stated in your bid response, unless otherwise provided in the Invitation for Bids. 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: J (i L. 1 P- Japes E. Schell Jr., C. M. PPB, FCPA rchasing and Contracts ivision DATE: 2 - aD t3 Page 2 of 2 June 17, 2013 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA IFB #Y13- 1059 -JS MOTOR FUELS — TANK WAGON DELIVERIES ADDENDUM NUMBER 1: Page 15, 1. Qualification of Bidders, B. is hereby deleted as a requirement. 2. All other terms and conditions and specifications remain unchanged. ACKNOWLEDGEMENT OF ADDENDA a. The bidder /proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and retuned not later than the date and time for receipt of the bid or proposal. b. Receipt acknowledged by: - �� m-- - 7�i /-�dl 3 utho ' d Signer Date Signed Title Aoys 1 4 k- y y eA; Name of Bidder /Proposer Issue Date: June 14, 2013 INVITATION FOR BIDS #Y13- 1059 -JS NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Orange County, Florida, henceforth referred to as the County is accepting sealed bids for: MOTOR FUELS- TANK WAGON DELIVERIES 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, June 25, 2013, 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 by download from the Internet at: http://apps.ocfl.net/oranqebids/bidopen.as 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 Jim.Schell @ocfl.net. TABLE OF CONTENTS DESCRIPTION PAGE GENERAL TERMS AND CONDITIONS 2 -13 SPECIAL TERMS AND CONDITIONS 14 -24 SPECIFICATIONS 25 BID RESPONSE FORM 26 -28 EMERGENCY CONTACTS 28 ACKNOWLEDGEMENT OF ADDENDA 28 AUTHORIZED SIGNATORIES /NEGOTIATORS 29 REFERENCES 30 -31 DRUG -FREE WORKPLACE FORM SCHEDULE OF SUBCONTRACTING FORM CONFLICT /NON - CONFLICT OF INTEREST FORM E- VERIFICATION CERTIFICATION RELATIONSHIP DISCLOSURE FORM RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ) ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ) AGENT AUTHORIZATION FORM EXHIBIT A - LEASED EMPLOYEE AFFIDAVIT EXHIBIT B - COMMERCIAL GENERAL LIABILITY EXHIBIT C - COMMERCIAL GENERAL LIABILITY EXHIBIT D - WORKERS COMPENSATION & EMPLOYEES LIABILITY INSURANCE POLICY 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 e-mail, telephone, fax, or telegram shall not be accepted. An e- mailed or a faxed bid shall be rejected as non - responsive regardless of where it is received. It is the sole responsibility of the Bidder to ensure that their bid reaches the Purchasing and Contracts Division. All bids, unless otherwise specified, must be delivered to the following address no 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 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 shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Late bids will be returned to the Bidder unopened. The decision to refuse to consider a bid 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. Page 2 Revised (11/10/09) Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, (30) days after bid opening or upon recommendation for award, whichever occurs first. Bidders desiring to view these documents are urged to schedule an appointment. 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, Purchasing and Contracts Division Manager, or authorized agent has, by inspection or test of such items, determined that they fully comply with specifications. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and the Contractor's delivery date must be specified and adhered to. Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the Contractor will be required to compensate the County for the difference in price paid for the alternate product. The Contractor 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 The County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida Sales /Use Tax Exemption Certificate). The Purchasing and Contracts Division Manager will sign an exemption certificate submitted by the Contractor. Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County's Tax Exemption Number in securing such materials. 4. ACCEPTANCE /REJECTION /CANCELLATION The County reserves the right to accept or to reject any or all bids and to make the award to that bidder who, in the opinion of the County, will be in the best interest of and /or the most advantageous to the County. The County also reserves the right to reject the bid of any bidder who has previously failed in the Page 3 (11/10/09) proper performance of an award or to deliver on time contracts of a similar nature or who, in the County's opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re- bid. Award will be made to the lowest responsive and responsible bidder as determined by the County. The County reserves the right, and the Purchasing and Contracts Division Manager, 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. BRAND NAME OR EQUALS /DEVIATIONS Unless otherwise specified, the mention of a particular manufacturer's brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. Equal offers will be considered and must include descriptive literature and /or specifications. Failure to provide descriptive literature and /or specifications with equal offers will result in the disqualification of the bid. The determination as to whether any alternate product or service is or is not equal shall be made solely by the County and such determination shall be final and binding upon all bidders. The County reserves the right to request and review additional information to make such a determination. Although the County provides for the consideration of alternate bids, it reserves the right to make an award in the best interest of the County. Award may not necessarily be given to the lowest bid offered. The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Unless the bid is in response to a "Brand Name or Equal" requirement, deviations from the specifications will only be considered if requested in writing prior to the date and time specified for receipt of bids. Deviations, if accepted, will be specifically addressed in writing via an addendum to this Invitation for Bids. Any goods or services that are not in compliance with the specifications will not be accepted. 6. NO BID Where more than one item is listed, any items not bid upon shall be indicated as "NO BID ". Page 4 (11/10/09) 7. CONFLICT OF INTEREST The award is subject to provisions of applicable State Statutes and County Ordinances. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of Orange County. Further, all bidders must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10 %) or more in the Bidder's firm or any of its branches. Should the Contractor permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County. 8. 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. A. Contractors doing business with the County are prohibited from discriminating against any employees, applicant, or client because of race, religion, color, disability, national origin, gender, or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. B. 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 Black, Hispanic, Women, Native American, 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. 9. UNIFORM COMMERCIAL CODE The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the Contractor and the County for any terms and conditions not specifically stated in this Invitation for Bid. 10. MISTAKES In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. Bidders must check their bid where applicable. Failure to do so will be at the Bidder's risk. Bids having erasures or corrections must be initialed in ink by the Bidder. Page 5 (Revised 3/11/11) 11. AVAILABILITY OF FUNDS The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Orange County Board of County Commissioners, or other specified funding source for this procurement. 12. EEO STATEMENT It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression /identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17 -314 of the Orange County Code and the County Administrative Regulations. Further, the Contractor shall abide by the following provisions: A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non - discrimination provision of the contract. The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors. 13. BID TABULATION AND RESULTS Bid tabulations shall be available ten (10) days after opening on the Orange County website at: http://apps.ocfl.net/orangebids/bidresults/results.asp 14. BID FORMS All bids must be submitted on the County's standard Bid Response Form. Bids on Bidder's quotation forms shall not be accepted. 15. 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 Page 6 (Revised 3/11/11) purchase of personal property to a person whose principal place of business is in said 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. 16. RECIPROCAL 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 a 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. 17. 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. Orange County Lobbyist Regulations General Information http: / /www.orangecountyfl. net/ OpenGovernment/LobbingAtOrangeC ounty.aspx A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award. The Board of County Commissioners may void any contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the black -out period restrictions of Ordinance No. 2002 -15. Page 7 (Revised 3/11/11) Orange County Protest Procedures http: / /www.orannecountyfl net/ VendorServices /VendorProtestProced ures.aspx Failure to file a protest with the Purchasing and Contracts Manager by 5:00 PM on the fifth full business day, after posting, shall constitute a waiver of bid protest proceedings. 18. BID AND RELATED COSTS By submission of a bid, the Bidder agrees that any and all costs associated with the preparation of the bid will be the sole responsibility of the Bidder. The Bidder also agrees that the County shall bear no responsibility for any costs associated with the preparation of the bid including but not limited to any administrative or judicial proceedings resulting from the solicitation process. 19. 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. 20. PUBLIC ENTITY CRIME Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section. http://Www.dms.myflorida.com/business operations /state purchasing /ven dor information /convicted suspended discriminatory complaints vendor lists /convicted vendor list A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on The Convicted Vendor List. Page 8 (Revised 3/11/11) 21. DRUG -FREE WORKPLACE FORM The Drug -Free Workplace Form, attached hereto, shall 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. 22. 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 ". 23. CONFLICT OF INTEREST FORM Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their bid. 24. ETHICS COMPLIANCE The following forms are included in this solicitation and shall be completed and submitted as indicated below: A. Orange County Specific Project Expenditure Report -The purpose of this form is to document any expenses incurred by a lobbyist for the purposes described in Section 2 -351, Orange County Code. This form shall be completed and submitted with all bid responses to an Orange County solicitation. Any questions concerning this form shall be addressed to the purchasing agent or contract administrator identified in the applicable solicitation. 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 shall be made unless these forms have been completed and submitted with the bid. Any questions concerning these forms shall be addressed to the purchasing agent or contract administrator identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is attached to each for your information. Page 9 (Revised 3/11/11) 25. 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 after the time, date, and /or at the location specified, due to failure to identify the envelope with the above information shall be rejected. 26. COPIES Copies of documents, records, materials, and /or reproductions requests will be charged in accordance with Orange County's fee schedule. Copyrighted materials may be inspected, but cannot be copied or reproduced per Federal law 27. PROPRIETARY /RESTRICTIVE SPECIFICATIONS If a prospective bidder considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, he /she is urged to contact the Purchasing and Contracts Division rior to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Invitation for Bids. 28. ASSISTANCE WITH SPECIFICATIONS Any prospective bidder who 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. 29. PAYMENT TERMS /DISCOUNTS The County's payment terms are in accordance with Florida Statute 218, Local Government Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes. Page 10 (Revised 3/11/11) 30. PATENTS AND ROYALTIES Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this Invitation for Bids. The Contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Contractor. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Contractor. If such a claim is made, the Contractor shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. 31. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the County, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses including attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the Contractor or its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the County. 32. 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 rior to bid opening, should clarification be required. Modification or alteration contract shall only be valid County. of the documents contained in the solicitation or if mutually agreed to in writing by the Bidder and the Page 11 (Revised 3/11 /11) 33. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: A. The prices in this bid have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. B. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and, C. No attempt has been made or shall be made by the Bidder to induce any other person or bidder to submit or not to submit a bid for the purpose of restricting competition. 34. SUCCESSORS AND ASSIGNS The County and the Contractor each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the County nor the Contractor shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and the Contractor. 35. PRICING /AUDIT The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor's cost of goods and use of funds. such accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Contractor or its subcontractors, as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Contractor's place of business. This right to audit shall include the Contractor's subcontractors used to procure goods or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractors and suppliers. Page 12 (Revised 3/11 /11) 36. EMPLOYEES OF TH "CO ITRACTOR 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. 37. 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. 38. CONTRACT CLAIMS "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. Claims made by a Contractor against the County, relating to a particular contract shall be submitted to the 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 believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.." Failure to document a claim in this manner shall render the claim null and void. No claim shall be accepted after final payment of the contract The decision of the Purchasing and Contracts Manager shall be issued in writing and shall be furnished to the Contractor. The decision shall state the reasons for the decision reached. The Purchasing and Contracts Division Manager shall render the final decision within sixty (60) days after receipt of Contractor's written request for a final decision. The Purchasing and Contracts Division Manager's decision shall be final and conclusive. The Contractor shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Purchasing and Contracts Division Manager. Page 13 (Revised 3/11 /11) 39. 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. For more information on this process, please refer to United States Citizenship and Immigration Service site at: http: / /www.uscis qov /portal /site /uscis Only those employees determined eligible to work within the United States shall be employed under this contract By submission of a bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e- verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the E- Verification certification, attached to this solicitation. Page 14 (Revised 3/11/11) 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 a brief description of similar work satisfactorily completed with location, dates of contract, names, addresses and telephone numbers of owners by completing the attached reference sheets. B. Submit a copy of the BQ -9000 Marketer or Producer accreditation certificate. C. 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. D. 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 Contractor 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 Purchasing and Contracts Division Manager or authorized 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 Bids shall be evaluated on the basis of: A. Fixed discount/mark -up price per gallon to the OPIS (Oil Price Information Service) average price. B. Check of references. Page 15 C. Compliance with contract terms, conditions and specifications D. Capability Survey — The County reserves the right to perform a complete facilities and capability survey of each bidder prior to award, and utilize the results to determine if the bidder has the capability to successfully perform under this contract. The County also reserves the right to waive this survey for any bidder who has performed in a satisfactory manner under the current and /or a previous Orange County fuel contract. E. Award shall be made on an "All -or -None Total Estimated Bid" basis to the bidder providing the lowest fixed markup or highest fixed discount per gallon to the OPIS average price. 5. BID PRICES A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra low sulfur diesel fuel, undyed and dyed, bidders shall submit on the Bid 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. Note: All grades of gasoline petroleum motor fuels as referenced above are E -10 when sourced from the Taft Terminal. The fixed discount/mark-u shall remain firm durin 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 23, 2013 shall be utilized to arrive at the purchase price per gallon for fuel(s) delivered Sunday, May 26, 2013 through Saturday, June 1, 2013. 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. Page 16 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 shall include inside delivery if requested to the 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 two (2) calendar days 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 Contractor terminate this contract for default in whole or in part (delivery orders, if applicable) if the Contractor fails to: 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. 3. Make progress so as to endanger performance of this contract 4. Perform any of the other provisions of this contract. Prior to termination for default, the County shall provide adequate written notice to the Contractor through the Purchasing and Contracts Division Manager, 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 Page 17 termination may also result in suspension or debarment of the Contractor in accordance with the County's Procurement Ordinance. The Contractor and its sureties (if any) shall be liable for any damage to the County resulting from the Contractor's default of the contract. This liability includes any increased costs incurred by the County in completing contract performance. In the event of termination by the County for any cause, the Contractor shall have, in no event, any claim against the County for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the County the Contractor shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work 3. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the County. 4. Continue and complete all parts of that work that have not been terminated. If the Contractor's failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor 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. 9. AS SPECIFIED All items delivered shall meet the specifications herein. Items delivered not as specified shall 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 shall be submitted within a reasonable time after rejection of the non - conforming items. Page 18 10. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder certifies that all material, equipment, etc., contained in their bid meets all OSHA requirements. Bidder further certifies that if they are the awarded Contractor, and the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Contractor. 11. CODES AND REGULATIONS The Contractor shall 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 shall be accomplished by submission of an invoice, in duplicate, to: Orange County Fleet Management Division 4400 S. Vineland Road 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. SAFETY AND PROTECTION OF PROPERTY The Contractor shall at all times: A. Initiate, maintain and supervise all safety precautions and programs in connection with its services or performance of its operations under this contract. B. Take all reasonable precautions to prevent injury to employees, including County employees and all other persons affected by their operations. C. Take all reasonable precautions to prevent damage or loss to property of Orange County, or of other Contractors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. Page 19 D. Comply with all ordinances, rules, regulations, standards and lawful orders from authority bearing on the safety of persons or property or their protection from damage, injury or loss. This includes but is not limited to: • Occupational Safety and Health Act (OSHA) • National Institute for Occupational Safety & Health (NIOSH) • National Fire Protection Association (NFPA) • American Society of Heating, Refrigeration & Air - Conditioning Engineers (ASHRAE) E. The Contractor shall also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address listed below: http: / /www.orangecountyfl net/ VendorServices /OrangeCountySafrety andHealthManual.aspx 14. INSURANCE REQUIREMENTS Contractor shall 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 Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The Contractor shall require and ensure that each of its sub - contractors providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein. Insurance carriers providing coverage required herein shall be licensed to conduct business in the State of Florida and shall possess a current A.M. Best's Financial Strength Rating of A- Class VIII or better. (Note: State licenses can be checked via www1loir.com1companysearchl and A.M. Best Ratings are available at ww w.ambest.com) Required Coverage A. Workers' Compensation - The Contractor 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 shall be considered on a case -by -case basis. Any Contractor using an employee leasing company shall complete the Leased Employee Affidavit (Exhibit A). Page 20 B. Commercial General Liability - The Contractor shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than $500,000 per occurrence. Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit. C. Business Automobile Liability - The Contractor shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 per accident. In the event the Contractor does not own automobiles the Contractor shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. The County uses Ebix BPO to manage its insurance certificates and related documentation. Upon insurance expiration, Ebix BPO staff will notify the Contractor to request updated insurance certificate(s) and endorsement(s). The Contractor agrees that should a valid Insurance Certification be on file with Ebix, this contract will be added to that certification. When a self- insured retention or deductible exceeds $100,000 the County reserves the right to request a copy of Contractor's most recent annual report or audited financial statement. For policies written on a "Claims- Made" basis the Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non - renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Contractor shall purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. By entering into this contract, Contractor shall 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 Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor shall 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. Contractor 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. Page 21 Any request for an exception to these insurance requirements shall be submitted in writing to the County for approval. Prior to execution and commencement of any operations /services provided under this contract the Contractor shall provide the County with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Contractor 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 Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No 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 issuance of a term contract by the County and extend for a period of twelve (12) months. The contract may be renewed for two (2) additional twelve (12) months 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 Contractor for a lower unit price which shall be incorporated into the contract. Failure of the Contractor to agree to a reduced unit price may result in the termination of the contract and re- solicitation of the requirement. Page 22 D. Any order issued during the effective period of this contract, but not completed within that period, shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and the County's rights and obligations with respect to that order to the extent as if the order were completed during the contract performance period. 16. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES At the option of the Contractor, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use 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. 17. BID PREFERENCE In accordance with the Minority Women Owned Business Enterprise (MWBE) Ordinance, award of a contract resulting from this Invitation for Bids may be made to the lowest responsive and responsible Orange County certified MWBE bidder provided that the bid does not exceed the overall lowest responsive and responsible bidder by the following percentages for the bid amounts listed: A. 8% - Bids Up To $100,000 B. 7% - Bids Greater Than $100,000 to $500,000 C. 6% - Bids Greater Than $500,000 to $750,000 D. 5% - Bids Greater Than $750,000 to $2,000,000 E. 4% - Bids Greater Than $2,000,000 to $5,000,000 F. 3% - Bids Greater Than $5,000,000 18. CHANGES - SERVICE CONTRACTS The County may at any time by issuance of an executed change order make changes within the general scope of the contract in any of the following areas: A. Description of services to be performed. B. Time of Performance (i.e., hours of the day, days of the week, etc.). C. Place of performance of the services. Page 23 If additional work or other changes are required in the areas described above, a price proposal shall be required from the Contractor. Upon negotiation of the proposal, execution and receipt of the change order, the Contractor shall commence performance of the work as specified. The Contractor shall not commence the performance of additional work or other changes not covered by this contract without an executed change order issued by the Purchasing and Contracts Division. If the Contractor performs additional work beyond the specific requirements of this contract without an executed change order, it shall be at his /her own risk. The County assumes no responsibility for any additional costs for work not specifically authorized by an executed change order. 19. CONDITIONS FOR EMERGENCY /HURRICANE OR DISASTER - TERM CONTRACTS It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the County. Contractor agrees to rent/sell /lease all goods and services to the County or other governmental entities as opposed to a private citizen, on a first priority basis. The County expects to pay contractual prices for all products or services required during an emergency situation. Contractor shall furnish a twenty -four (24) hour phone number in the event of such an emergency. 20. REFERENCES A contact person shall be someone who has personal knowledge of the Bidder's performance for the specific requirement listed. Contact person shall have been informed that they are being used as a reference and that the County may be calling them. More than one person can be listed but all shall have knowledge of the project. The reference shall be the owner or a representative of the owner. Contractors who provided services under the referenced project (contract) shall not be accepted as references. DO NOT list principals or officers who shall not be able to answer specific questions regarding the project. Failure of references listed to respond to the County's inquiries may negatively impact the responsibility of the Bidder. 21. REQUIREMENTS CONTRACT This is a Requirements Contract and the County's intent is to order from the Contractor all of the goods or services specified in the contract's price schedule that are required to be purchased by the County. If the County urgently requires delivery of goods or services before the earliest date that delivery may be required under this contract, and if the contractor will not accept an order providing for accelerated delivery, the County may acquire the goods or services from another source. Page 24 The County's requirements in this contract are estimated and there is no commitment by the County to order any specified amount. Also, if the estimated quantities are not achieved, this shall not be the basis for an equitable adjustment. Moreover, if the Manager of Purchasing and Contracts determines that the Contractor's performance is less than satisfactory, the County may order the goods or services from other sources until the deficient performance has been cured or the contract terminated. Page 25 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 51 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 51 2.001. Ethanol, E -10 blend (10 percent ethanol and 90 percent gasoline), shall meet ASTM specification D4806 -07 for denatured fuel ethanol for blending with gasolines for use as automotive spark- ignition engine fuel. All tank wagon loads of gasoline and /or diesel fuel shall be delivered in metered trucks and a metered delivery ticket shall be issued upon completion of delivery. FUEL DELIVERY FOR DESIGNATED COUNTY VEHICLES The Contractor shall have the ability to fuel designated County vehicles where they are located on or off of County property. For this purpose, the Contractor shall provide a Contractor owned fuel management system able to electronically capture, via a bar code affixed to the vehicle by the Contractor, the vehicle ID, fuel type and quantity dispensed and the time and date when the dispensing occurs. All applicable fueling information shall be electronically transmitted to the County on a daily basis. The Contractor fuel dispensing vehicle shall dispense fuel obtained directly from the terminal and not from a secondary fuel storage site. Fueling locations for the vehicles shall be communicated to the Contractor as applicable to facilitate the fueling activities. At the time of this solicitation, the current afterhours fuel delivery site for designated County vehicles is 8100 Presidents Dr., Orlando, FL. Addresses for the fueling of designated County vehicles may be added, deleted or changed as necessary. Page 26 ORI61 BID RESPONSE FORM IFB #Y13- 1059 -JS All charges including, but not limited to, drop charges, pump charges, split delivery charges and /or minimum freight charges shall be included in the discount or mark -up from the OPIS price. There are no, and shall not be, provisions for added charges. Indicate a discount with a negative ( -) and mark -up with a plus ( +). Estimated annual gallons of all fuels are stated in Delivery Schedule A. FIXED DISCOUNT ( -) OR MARK -UP ( +) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE TAFT TERMINAL ITEM NO. DESCRIPTION 1. 87 Octane gasoline, as specified 2. 89 Octane gasoline, as specified 3. 93 Octane gasoline, as specified 4. Undyed Diesel fuel, as specified 5. Dyed Diesel fuel, as specified $ O I Sq-'�_ per gallon $ _ (Q, r i4 a per gallon $ -15 4S-- per gallon $0- I Sq.i per gallon $ - 1 b gar per gallon 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 no later than two (2) calendar days from Receipt of Order (ARO) per Special Terms and Conditions. Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior Purchasing Agent, at Jim.Schell @ocfl.net / T -A dry Company Name Page 27 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 current W9, Relationship Disclosure Form and Orange County Specific Project Expenditure Report. Please make sure forms are fully executed where required. B. Qualifications of Bidders information, per Special Terms and Conditions. C. Certificate of Competency and License, per Special Terms and Conditions. D. Completed attached reference documentation. THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS: Company Name: A as oil (M pa b y NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID /PROPOSAL. TIN #: ay S 61 P J (Street No. or P.O. Box Number) D- U -N -S® # `f – �3 S —_ 6' & J 11 (Street Name) t, r (City) M l A-<<I <e d ( Count y) (State) (Zip Code) Contact Person: S. e J c- � cw ` A Phone Number: l QS 1 2 q Fax Number: 3 Email Address: ct -10S oil . (Oro 1 'q _7,0 Page 28 EMERGENCY CONTACT Emergency Contact Person: ( �e V � L eG y I f Telephone Number: ( qSy Cell Phone Number:( ) ha Residence Telephone Number: ACKNOWLEDGEMENT OF ADDENDA The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the blocks below or by completion of the applicable information on the addendum and returning it not later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a material impact on this solicitation may negatively impact the responsiveness of your bid. Material impacts include but are not limited to changes to specifications, scope of work, delivery time, performance period, quantities, bonds, letters of credit, insurance, or qualifications. Addendum No. , Date 6 1 0/o , 1-013 Addendum No. , Date Addendum No. , Date Addendum No. , Date Page 29 AUTHORIZED SIGNATORIES /NEGOTIATORS The Bidder 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 /Email 06 �(Ih401n 1P gv�iek4Sj De�'dopnti+lf 313) 66a_ 3S09 (Sign re) �;V� (Title) ri les, 6 : / C,.#< I (Name of Business) �2r� o ► '1(� c4[cisoI I tern (Date) The Bidder shall complete and submit the following information with the bid: Type of Organization Sole Proprietorship Partnership Non - Profit Joint Venture Corporation State of Incorporation: A , I-1-f 16 - A Yj Principal Place of Business (Florida Statute Chapter 607): City /County /State THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA DIVISION OF CORPORATIONS. Federal I.D. number is 3 P- 3 )_�5_ 14 t - 7 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. Company Name: �' I e 1 Owner's Name: A. Description of goods or services provided: B. Contract Amount: C. Date Services Completed: D. Contact Person: Address: 4v e)yr– C �V C- VI ralo as M tLku 61 L,-- Telephone Number: 6(6 - 7 6 f Email Address: ,M 1 3 y-C) �c►LU1 P 1 - iO 2. Company Name: —p 0c, r, Food S Owner's Name: A. Description of goods or services provided: Ent pug C -C-(2' B. Contract Amount: C. Date Services Completed: ff D. Contact Person: S - (a I Address: `� M1 L l►1✓l�`� �/�,4ltfL__ D C1I Telephone Number: _� ? �4' 1 �L - �� 7 Email Address: _ (� �� - S�f Gl I 1 �� ✓1 � (Uy, Page 31 3. Company Name: p 6� 4y-cA I v -,, vi S G Owner's Name: A. Description of goods or services provided: � Vo ngo i kkv�� c1Yl Contract Amount: -- Date Services Completed: Contact Person: - Address: Telephone Number: 700 Email Address: ,. ,(�;� (a-n "( firms oc Page 32 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. Company Name: E14 T.6 LANJ) J7 PM4 i r Owner's Name: A. Description of goods or services provided: L(_ 152) T tAL 51) r=AY f7c B. Contract Amount: C. Date Services Completed: cly D. Contact Person: 7V Address: Telephone Number: L� 7 - ,Y Z3" 7V Email Address: 2. Company Name: /(fjl�Il y C.�M ? d y ex T f Owner's Name: A. Description of goods or services provided: U L 517 B. Contract Amount: C Date Services Completed: „v� D. Contact Person: _ 264 5L) ee Address: S' U .line 1� 'e, It ve l�,,r 7P. .3 Y 7.16 Telephone Number: 3,_52 - Y2 9 - ©.3 0 ,V Email Address: J 7 0 1 1 ( � k cH t o c;om e qem A . &A Page 31 0 Company Name: I qL L — 0 U R I ,�I� /_i 49SPha T 7 Owner's Name: A. Description of goods or services provided: 1t L S I) B. Contract Amount: C. Date Services Completed: ON gc) D. Contact Person: Address: (r2Nt?m 1 r,` ✓f -P. 12,u Telephone Number. "7` y 7 - X – 6 7 d D Email Address: Page 32 June 24, 2013 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA Y13- 1059 -JS MOTOR FUELS — TANK WAGON DELIVERIES ADDENDUM NUMBER 2: 1. The date for the submission of bids is hereby changed to Tuesday, July 2, 2013, 2:OOPM, local time. 2. The following term and condition is hereby added to the solicitation: EMERGENCY DELIVERIES The Contractor shall maintain delivery availability on a 24 -hour basis, seven (7) days a week, 365 days a year in case of emergency need maintain a monitored communication system for the answering of calls, operational twenty -four (24) hours per day, seven (7) days a week. Emergency deliveries shall be made at the contracted discount or mark- up. 3. All other terms and conditions and specifications remain unchanged. ACKNOWLEDGEMENT OF ADDENDA a. The bidder /proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and retuned not later than the date and time for receipt of the bid or proposal. b. ^ Receipt acknowledged by: �utno d Signer Z03 Date Signed Ti Name of Bidder /Pr ser DRUG -FREE WORKPLACE FORM The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that AH a Did (0010(4ny does: Name of Business Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraphs 1 thru 5. As the person authorized to sign this statement, I certify that this firm complies fully with above requirements. Pidder's Signature 17 Date SCHEDULE OF SUBCONTRACTING IFB NO. Y13- 1059 -JS As specified in Section 22 of the General Terms and Conditions and the Bid Preference Clause in the Special Terms and Conditions, bidders are to present the details of subcontractor participation. Type of Work to Percent of Name Of Subcontractor Address be Performed Contract Amount to be Subcontracted Company Name: P T I'.. A S 6/ 1 -- IVV C eA Z Aj G T /MA CONFLICT /NON- CONFLICT OF INTEREST STATEMENT CHECK ONE To the best of our knowledge, the undersigned bidder has no potential conflict of interest due to any other clients, contracts, or property interest for this project. OR [ ] The undersigned bidder, by attachment to this form, submits information which may be a potential conflict of interest due to other clients, contracts, or property interest for this project. LITIGATION STATEMENT CHECK ONE The undersigned bidder has had no litigation and /or judgments entered against it by any local, state or federal entity and has had no litigation and /or judgments entered against such entities during the past ten (10) years. [ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM submits a summary and disposition of individual cases of litigation and /or judgments entered by or against any local, state or federal entity, by any state or federal court, during the past ten (10) years. kl,, v / t6 CO NY NAME' / t7 A H ED SIGNATURE 5L ���yo►1 NAME (PRINT OR TYPE) TITLE Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and /or judgments, may result in disqualification of your bid. E VERIFICATION CERTIFICATION Contract No.Y13- 1059 -JS 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 -Y13- 1059 -JS, Motor Fuels — Tank Wagon Deliveries, within the state of Florida. NAME OF CONTRACTOR: rJ4ik S D t-' OY11 n ADDRESS OF CONTRACTOR: o� G t COrs e AUTHORIZED SIG / NATURE: TITLE: V �n ,US c.nd h�s''`f S �c ✓ DATE: b - 7 J C I I 1 3 RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY IS THE PRINCIPAL OR PRIMARY PROPOSER For procurement items that will come before the Board of County Commissioners for final approval, this form shall be completed by the Proposer and shall be submitted to the Purchasing and Contracts Division by the Proposer. In the event any information provided on this form should change, the Proposer must file an amended form on or before the date the item is considered by the appropriate board or body. Part I INFORMATION ON PROPOSER: Legal Name of Applicant: I CA S V I l Urn (,fit n �I Business Address (Street/P.O. Box, City and Zip Code): .19501 Corse loud , Tallof Ml +C61'�d Business Phone: (3 \> ) e-)-O - 4S�iS`1 Facsimile: (3 1 3 ) ti-4 7, dko 0 INFORMATION ON PROPOSER'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) Name of Applicant's Authorized Agent: Business Address (Street/P.O. Box, City and Zip Code): Business Phone Facsimile Page 1 Part II IS THE PROPOSER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES " NO IS THE MAYOR OR ANY MEMBER OF THE BCC THE PROPOSER'S EMPLOYEE? YES V NO IS THE PROPOSER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY MEMBER O� THE BCC? YES NO If you responded "YES" to any of the above questions, please state with whom and explain the relationship. (Use additional sheets of paper if necessary) Page 2 Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED I hereby certify that information provided in this relationship disclosure form is true and correct based on my knowledge and belief. If any of this information changes, I further acknowledge and agree to amend this relationship disclosure form prior to any meeting at which the above - referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Sigfiat e.of Bidder Date Printed Name and Title of Person completing this form: STATE OF COUNTY OF v I certify at the foregoing instrum t was acknowledged before me this day of L 1C , 20 by 0 &(4 A A)-% 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 IS day of in the year (Notary Seal) Staff signaturand date of r4a6ipt of torm ? ary ture of Nota ublic ` Public for the State of` j ommission Expires: 0 1 b W Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. Page 3 JILL R. WYATT Notary Public O +Rte of Michigan coup. enawoo MyCcmrmiss r Sep. i6, 017 Acling In the Cuu. 1,,i 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. Part I This is the initial Form: This is a Subsequent Form: Please complete all of the following: Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): Pr i Ia S Od -fZy" Du A--, Name and Address of Principal's Authorized Agent, , if applicable: List the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) Name and address of individual or business entt Are they registered Lobbyist? Yes — or No 2. Name and address of individual or business entity: Are they registered Lobbyist? Yes — or No_ Name and address of individual or business ent t Are they registered Lobbyist? Yes — or No 4. Name and address of individual or business entity: Are they registered Lobbyist? Yes — or No_,,�- 5. Name and address of individual or business entity: Are they registered Lobbyist? Yes or No ✓ 6. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No_LZ 7. Name and address of individual or business ent�Ly: Are they registered Lobbyist? Yes or No v 8. Name and address of individual or business enti y: Are they registered Lobbyist? Yes _ or Nov Page 1 Part II Expenditures: For this report, an "expenditure" means money or anything of value given by the principal and /or his /her lobbyist for the purpose of lobbying, as defined in section 2 -351, Orange County Code. This may include public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of print and distribution of publications. However, the term "expenditure" does not include: *Contributions or expenditures reported pursuant to chapter 106, Florida Statutes; *Federal election law, campaign- related personal services provided without compensation by individuals volunteering their time; eAny other contribution or expenditure made by or to a political party; *Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and /or *Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities (including those of lobbyists, contractors, Contractors, etc.) incurred by the principal or his /her authorized agent and expended in connection with the above - referenced project or issue. You need not include de minimus costs (under $50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or other documents related to this project. Date of Name of Party Description of Activity Amount Paid Expenditure Incurring Expenditure TOTAL EXPENDED THIS REPORT Page 2 Part III Original signature and notarization required I hereby certify that information provided in this specific project expenditure report is true and correct based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section 2 -354, of the Orange County code, to amend this specific project expenditure report for any additional expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner meeting. I further acknowledge and agree that failure to comply with these requirements to file the specific expenditure report and all associated amendments may result in the delay of approval by the Board of County Commissioners for my project or item, any associated costs for which I shall be held responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provid94 in s. 775.082 or s. 775.083, Florida Statutes. Date ignatur o Principal or rincipal's Authorized Agent (check appropriate box) Printed Name and Title of Person completing this form: hCy ��ny G i1 I� GIPS unij p�i��l�SS � STATE OF k 1 COUNTY OF Is+ I certify t at the foregoing instrurrWt was acknowledged before me this day of Lidno 20 by (T He /she is personally known to s produced i✓ as identification and diake an oath. the S itness my hand and official seal in the coun!y and state stated above on ^ day of in the year c� Signa r of Notary Pu is ( ENotary Seal) Notary ublic for the State of My Commission Expires: 1n Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. Page 3 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 I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers' compensation policy to cover these workers. I further agree to provide the County with a certificate of insurance providing proof of workers' compensation coverage prior to these workers entering any County jobsite. I further agree to notify the County if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Name of Employee Leasing Company: Workers' Compensation Carrier: A.M. Best Rating of Carrier: Inception Date of Leasing Arrangement: I further agree to notify the County in the event that I switch employee - leasing companies. I recognize that I have an obligation to supply an updated workers' compensation certificate to the County that documents the change of carrier. Name of Contractor: H'(as C) C G Signature of Owner /Officer: ,-��'"' Title: r Vl� / Date: Ili 1 / 3 Bid response Items 1) Atlas Oil is licensed in 23 states and has over 200 rolling assets. Of those assets, approximately 45 are tank wagon trucks specifically built to deliver the service that is required to fulfill the merits of this solicitation. Additionally, each tank wagon is outfitted with state of the art computers that control and record the exact gallons delivered to our customer's vehicles and tanks. For the local market Atlas Oil has 9 tank wagon units and 2 transports at its disposal to service the county. Below is our asset list, you won't find a newer tank wagon fleet on the road today: #389 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #388 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #383 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #390 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #391 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #392 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #393 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #395 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #396 2013 Peterbilt 348 4500 gallon capacity Tank Wagon #190 2012 Kenworth T800 9500 gallon capacity Transport #267 2012 Kenworth T800 9500 gallon capacity Transport 2) Our local office in Orange County is: 10850 Cosmonaut Blvd Orlando, FL 32824 (407) 883 -9534 (407) 450 -1677 This facility is located less than two miles from the Orlando Taft fuel terminal and is staffed 24 hours a day. 3) The primary source of fuel for supply to this contract is out of the Orlando Taft fuel terminal. We are able to procure products from each of the major suppliers in Taft; additionally Atlas Oil has committed supply contracts at the Taft terminal. In the event that the Taft terminal should ever experience an outage, we have supply arrangements at the Port of Tampa and Cape Canaveral. On- site storage is also part of our supply strategy. 4) Atlas Oil can confirm the availability of 24/7 fuel deliveries. Our 24 hour customer service center can always be reached at 800 - 878 -2000. This number is manned 365 days a year. 5) See attachment for local references A " CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 08106/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ICONTACT MARSH USA INC. NAME: 600 RENAISSANCE CENTER, SUITE 2100 P L& FAx — DETROIT, MI 48243 Fni QNO. E tl' J AIC, No): 00449 - 00449 -Raf -13 INSURED Atlas Oil Company Atlas Oil Transportation, Inc. B&R Oil Company, Inc 24501 Ecorse Road Taylor, MI 48180 -1641 B: C: Zurich American Insurance Company 16535 COVERAC;FS rCO ICI^A - . iffi— KI=VI5IUN NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC LUSIONS AN D CONDITIONS OF SUCH POLICIES. LIMITS SH MAY HAV BEEN REDUCED — -- — BY PAID CLAIMS. INSR - TADOL SUER - -- - OLICY LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY MMIDD LIMITS A GENERAL LIABILITY X X GL05470973 04/01/2013 04/01/2014 1,000,000 EACH OCCURRENCE _ E X COMMERCIAL GENE LIABILITY DAMA N D 500,000 PREMI E Ea occurrence E _ CLAIMS -MADE �XJ OCCUR MED EXP (Any o ne person) E 10,000 - - - - - -- — -- - PERSONAL & AD INJURY E 1,000,000 - - -- -- - -- - - -- - GENERAL A E 2,000 _ _ AGGREGA LIMIT APPLIES PER PRO- X PRODUCTS - COMP /OP AGG E 2,000,000 ' E IBAP5470974 A tAUTOM LIABILITY X 04/0112013 04101/2014 COMBINED SINGLE LIMIT LESaccident) -____ 1,000,000 ANY O WNED SCHEDULED L O TOS BODILY INJURY (Per person) E E AUTOS I BODILY INJURY (Per accident) X HIRED AUTOS X AUUTOSWNF D I PROPERTY DAMAGE - E Per accident E 1 UMBRELLA LIAR OCCUR -- . EXCESS LIAR i EACH OCCURRENCE � -- - - - - - -- E -_ - -- CLAIMS- MADE. I AGGREGATE _. E DED RETENTIONS -- - - " - -- /{ WORKERS COMPENSATION . X AND EMPLOYERS' LIABILITY YIN WC5470972 04/01/2013 04 /01/22014 XX VNC STATU- OTH- T E ANY PROPRIETOR /PARTNER /EXECUTIVE -- 1 OFFICER/MEMBER EXCLUDED? NIA i E.L. EACH ACCIDENT - 10220000 E E 1,00,000 (Mandatory In and I under E. L. DISEA -E EMPLOY D yes, IPTION OF OPERATIONS below DESCRIPTION _- E.L. DISEASE -POLICY LIMIT _ - E 1,000,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHi CLES (Attach ACORD 101, Additions/ Remarks Schedule, if more apace is req Orange County Board of County COMMiSSioners Is Included as an additional insured for general liability as required by written contract or written agreement, per policy terms and conditions. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILHY, AUTO LIABILITY AND WORKERS' COMPENSATION IN FAVOR OF Orange County Board of County Commission WHERE REQUIRED BY WRITTEN CONTRACT, WORKERS' COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (ND, OH, WA AND WY), PUERTO RICO OR THE VIRGIN ISLANDS. CERTIFICATE wnl nFa Orange County Board of County Commissioners Purchasing 8 Contracts Division 400 E. South Street Orlando, FL 32801 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley –�_ v . 0 _"u lu rn% umLJ L uKVUKA I IUN. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Insured Atlas Oil Company Insurance Company Effective Policy No. WC5470972 -01 Endorsement No. Premium $ Countersigned by WC 124 (4 -84) WC 00 03 13 Copyright 1983 National Council on Compensation Insurance. Page 1 of 1 Uniform FormsTM POLICY NUMBER: GL05470973 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sT Or Organization (s): Any person or organization other than an Aration Engineer or Surveyor, to whom or to which y required to provide additional insured status written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Locations Of Covered Operations or project where you have agreed, written contract, agreement or permit, d prior to the loss, to provide additional insured coverage except where such contract or agreement is prohibited by law. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the additional insureds, sions apply: insurance afforded to these the following additional exclu- This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM POLICY NUMBER: GL05470973 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization other than an Architect, Any location or project where you have agreed, Engineer or Surveyor, to whom or to which you are through written contract, agreement or permit, required to provide additional insured status in a executed prior to loss, to provide additional written contract or written agreement executed insured coverage except where such contract or prior to loss, except where such contract or agreement is prohibited by law. agreement is prohibited by law. Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products -com- respect to liability for "bodily injury" or "property pleted operations hazard ". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM Best's Credit Ratings Search Results (J 2 rated or non -rated companies or branches found. Please note that any associated A M. Best consolidated data records or branch companies are also indented below their respective legal entity. Criteria used: Company Names starting with Zurich American Insurance Company New Search. Zurich American Insurant Search rr.-v ttie n•.r, Page 1 of 1 Rating Center Horne Results Per Page: 20 [] vpuuns use our Iigyance0 JearCn. FSR Outlook / Lona ICR Outlook / Short AMB # Comoanv Name FSR Implication Term IC R Implication Term ICR Comoanv Domicile 002563 Zurich Amercan Insurance Company A+ Stable aa- Stable US: New York 019793 Zurich U,S. Pool Insurance - Property /Casualty (Data Consolidation - Company Consolidation) 004430 Zurich U S Pool Insurance - Property / Casualty (Data Consolidation -A. M. Best Consolidated Sub- Grcup) 003565 Zurich American Insurance Company of IL A+ Stable aa- Stable US: Illinois ( Insurance - Property/ Casualty (Operating Company) u Denotes Under Review Best's Rating Rating Unit - identifies individual insurers or a consolidation of member companies that are assigned the same Best's Credit Rating. European Union Disclosures A M. 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