Item 04 Approval to Utilize Orange County's Cooperative Contract for Motor Fuel with Mansfield Oil Company of Gainsville, Inc.
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: March 7, 2023
Item #: 4
Contact Name: Stephen Krug Department Director: Stephen Krug
Contact Number: Ext. 6002 City Manager: Robert Frank
Subject: Approval to Utilize Orange County's Cooperative Contract for Motor Fuel with
Mansfield Oil Company of Gainsville, Inc. (Public Works Director Krug)
Background Summary:
The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead agency
in solicitations that can benefit multiple municipalities. The City previously approved utilizing this purchasing
power for petroleum products on September 19, 2017 for bulk transport loads delivered to the Public Works
complex. The contract for providing the bulk transport load deliveries has been rebid and awarded to a
different vendor. This change in contract requires Commission approval per the Purchasing Codes. Public
Works is requesting Commission approval to utilize the new contract with Mansfield Oil Company of
Gainesville, Inc., Contract No. Y23-105A, for as long as the contract remains valid.
Issue:
Should the Honorable Mayor and City Commissioners approve the purchase of petroleum products through the
existing Orange County Term Contract No. Y23-105A with Mansfield Oil Company of Gainesville, Inc.?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the purchase of petroleum products
through the Orange County Term Contract No. Y23-105A , Motor Fuels - Transport Deliveries with Mansfield Oil
Company of Gainesville, Inc., for as long as the contract remains valid and up to the amounts incorporated into the
budget.
Attachments:
1. Orange County Contract No. Y23-105A
Financial Impacts:
The purchase of petroleum products is adequately funded through the fuel, oil and lubricant line items in the
budget.
Type of Item: Consent
Page 217 of 392
ORANGE COUNTY, FLORIDA Procurement Division
Page 1
CONTRACT NO. Y23-105A
MOTOR FUEL TRANSPORT DELIVERIES (LOTS 1 AND 2)
This contract is not valid unless bilaterally executed. Subject to mutual agreement Orange County, Florida,
hereby enters into a contract subject to the following:
1. Ordering against Contract:
A.Unless otherwise specified in the Invitation for Bids, the County will place orders by
issuance of a numbered Delivery Order against this contract. Each Delivery Order will
specify the quantity, description and location for deliver.
B.The obligations of Orange County under this contract are subject to need and availability
of funds lawfully appropriated for its purpose by the Board of County Commissioners or
other funding source as specified in the terms and conditions.
2. Taxes:
The County has the following tax exemption certificates assigned.
A.Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal
Revenue Code;
B.Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C-0.
3. Invoicing:
A.Invoices must be submitted, in duplicate, referencing this contract number and the Delivery
Order to:
Orange County Fleet Management
4400 S. Vineland Road
Orlando, FL 32811
Phone (407) 836-8210
B.Invoices against this contract are authorized only at the prices stated in your bid response, unless
otherwise provided in the Invitation for Bids.
Page 218 of 392
Page 219 of 392
Page 3
6.Counterpart (2):
Orange County’s Acceptance of Bidder’s Offer and Contract Award
A.The County’s acceptance of the Bidder’s offer in response to our Invitation for Bids No. Y23-
105-MV, MOTOR FUEL TRANSPORT DELIVERIES - Term Contract.
B.This contract is effective FEBRUARY 21, 2023, and shall remain in effect through FEBRUARY
20, 2024.
C.The estimated contract award for the initial term of the contract is $8,808,239.41.
D.This is a term contract for the time period specified in the referenced Invitation for Bids, for the
products/services covered by this contract. The County is not obligated to purchase any
minimum amount of products or services, unless otherwise stipulated in the Invitation for Bids.
The bidder is granted authorization to proceed to perform services upon receipt of duly executed
Delivery Order.
E.This contract may be renewed as provided in the Invitation for Bids.
F.Any amendments modifying the terms, conditions or scope of this contract must be in writing
and signed by both parties. Such amendment(s) must be signed by the representative of the
Orange County Procurement Division to be valid, binding, and enforceable.
G.This contract may be cancelled or terminated as provided for in the Invitation for Bids.
ORANGE COUNTY, FLORIDA
BY: __________________________________
Zulay Millan, Assistant Manager
Procurement Division
DATE: __________________________________
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2ND FLOOR
ORLANDO, FLORIDA 32801
(407) 836- 5635
Carrie Mathes, Procurement Manager
2.15.2023
Page 220 of 392
Page 30A
BID RESPONSE FORM
IFB #Y23-105-MV
All charges including, but not limited to, drop charges, pump charges, split delivery
charges and/or minimum freight charges shall be included in the discount or mark-up from
the OPIS price. There are no, and shall not be, provisions for added charges. Estimated
annual gallons of all fuels are stated in Attachment A-1, Delivery Schedule.
ITEM
NO. DESCRIPTION
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
LOT 1, UNLEADED GASOLINE, Transport Loads, as specified
1. 87 Octane, 8,000+ gallon quantity $ per gallon
2. 89 Octane, 8,000+ gallon quantity $ per gallon
3. 93 Octane, 8,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 1 – 1,500,000 gallons
LOT 2, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified
4. 7,000 + gallon quantity $ per gallon
Undyed for motor vehicles
5.7,000 + gallon quantity $ per gallon
Dyed diesel for off road use
Total annual estimated quantity Lot 2 – 1,010,000 gallons
Company Name
Mansfield Oil Company of Gainesville, Inc.
Page 221 of 392
Page 31A
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
ORLANDO
LOT 3, ETHANOL, Transport Loads, as specified
6.E-85 unleaded gasoline, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 3 – 0 gallons
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
MIAMI TERMINAL
LOT 4, BIODIESEL UNDYED AND DYED, Transport Loads, as specified
7. B-10 undyed, 7,000+ gallon quantity $ per gallon
8. B-20 undyed, 7,000+ gallon quantity $ per gallon
9. B-10 dyed, 7,000+ gallon quantity $ per gallon
10. B-20 dyed, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 4 – 10,000 gallons
Company Name
Mansfield Oil Company of Gainesville, Inc.
No Bid
No Bid
No Bid
No Bid
No Bid
Page 222 of 392
Page 32A
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
ORLANDO TERMINAL
LOT 5, BIODIESEL UNDYED AND DYED, Transport Loads, as specified
11. B-10 undyed, 7,000+ gallon quantity $ per gallon
12. B-20 undyed, 7,000+ gallon quantity $ per gallon
13. B-10 dyed, 7,000+ gallon quantity $ per gallon
14. B-20 dyed, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 5 – 10,000 gallons
Company Name
Indicate if items are to be delivered:
via common carrier* ____ or Owned/Hired Vehicle ____
*If delivery will occur via common carrier, insurance requirements are not applicable. If delivery will
occur via owned or hired vehicles, insurance requirements are applicable.
IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain
terms and conditions that conflict with those listed in the County’s bid documents(s). Inclusion
of additional terms and conditions such as those which may be on your company’s standard
forms shall result in your bid being declared non-responsive as these changes will be
considered a counteroffer to the County’s bid.
Delivery shall be not later than one (1) calendar day After Receipt of Order (ARO) per Special Terms
and Conditions.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Contracting Agent, at
Melisa.Vergara@ocfl.net
Mansfield Oil Company of Gainesville, Inc.
No Bid
No Bid
No Bid
No Bid
Page 223 of 392
Page 33
BID RESPONSE FORM - CONTINUED
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#: D-U-N-S® #
(Street No. or P.O. Box Number) (Street Name) (City)
(County) (State) (Zip Code)
Contact Person:
Phone Number: Fax Number:
Email Address:
EMERGENCY CONTACT
Emergency Contact Person: ____________________________________________
Telephone Number: ________________ Cell Phone Number: ________________
Residence Telephone Number: ________________ Email: ___________________
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/services, delivery
time, performance period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No.______, Date_____________ Addendum No._____, Date___________
Addendum No.______, Date_____________ Addendum No._____, Date___________
Mansfield Oil Company of Gainesville, Inc.
03-372-3990
1025 Airport Parkway SW, Gainesville
Hall County Georgia 30501
Dan Luther
(678) 450-2285 (678) 450-2242
mocbids@mansfieldoil.com
Dan Luther
(678) 450-2285(800) 695-6626
dluther@mansfieldoil.com(678) 450-2285
58-1091383
1 09/27/2022
2 10/14/2022
3
4 11/08/2022
10/28/2022
Page 224 of 392
Page 225 of 392
SCHEDULE OF SUBCONTRACTING, IFB NO. Y23-105-MV
As specified in the General Terms and Conditions and in the Special Terms and Conditions, bidders are to present the details of subcontractor
participation.
Name Of Subcontractor Address Type of Work to
be Performed
Percent and dollar amount of
Contract Amount to be
Subcontracted
Company Name: __________________________________________________ Mansfield Oil Company of Gainesville, Inc.
Team Logistics Company LLC Supply and delivery of
petroleum products.
22 Main Street
Greenville, SC, 29601 TBD
Page 226 of 392
Y23-105; Addendum 4 Page 1 of 14
November 8, 2022
November 8, 2022
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
INVITATION FOR BID (IFB) Y23-105; ADDENDUM #4
MOTOR FUEL TRANSPORT DELIVERIES
This Addendum is hereby incorporated into the bid documents of the project referenced
above. The following items are clarifications, corrections, additions, deletions, and/or
revisions to and shall take precedence over the original documents. Additions are
indicated by underlining and deletions via strikethrough.
A. BID SUBMISSION DUE DATE
1. The Bid Submission Due Date is hereby changed from Tuesday, November
15, 2022 to Tuesday, November 22, 2022 at 4:00PM.
B. CHANGES
1. BID RESPONSE FORM PAGES 30 THROUGH 32 IS REPLACED IN ITS
ENTIRETY WITH BID RESPONSE FORM PAGES 30A THROUGH 32 A. BID
RESPONSE FORM IS ATTACHED IN THIS ADDENDUM 4.
2. Attachment A – Delivery Schedule is deleted in its entirety and replaced with
Attachment A-1. Attachment A-1 is attached in this Addendum 4.
3. Attachment 2 – Bid Tabulation is added to this Addendum 4.
4. Attachment 3 – Annual Usage Report is added to this Addendum 4.
5. Attachment 4 – Automated Fuel Sites Information – Orange County Fleet
Management Division Capacity/Usage is added to this Addendum 4.
6. Special Terms and Conditions, Page 21, Item 6. BID PRICES is changed as
follows:
6. BID PRICES
A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra-low sulfur diesel fuel,
undyed and dyed and E-85, bidders shall submit on the Bid Response Form a fixed discount
or fixed mark-up price to be subtracted from or added to the OPIS average price(s) per
gallon posted for Taft (located at 9919 Orange Ave. Orlando, FL 32824). to arrive at the
purchase price per gallon for each fuel type and/or grade listed. E-85 shall be from Orlando
Terminal, located at 555 Hwy. 401 Cape Canaveral, FL 32920.
The formula for figuring E-85 ethanol biofuel shall be 83% of E-100 OPIS plus 17% of E-
10, 87 octane OPIS.
Page 227 of 392
Y23-105; Addendum 4 Page 2 of 14
November 8, 2022
Note: All grades of gasoline petroleum motor fuels as referenced above are E-10 when
sourced from the Taft Terminal.
For B-10 and B-20, the rack average for B-10 and B-20 blended at the Taft terminal shall
be used to determine the final price for biodiesel motor fuels ordered by the County.
The fixed discount/mark-up shall remain firm during the entire contract period and
each subsequent twelve (12) month period agreed upon, and shall include, but not be
limited to profit, overhead, drop charges, split delivery charges, delivery charges,
pump charges, freight charges and all other costs incurred by the vendor, with the
exception of fees and taxes, for delivering fuel to those locations listed on Delivery
Schedule A-1, 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 5, 2022 shall be utilized to arrive at the
purchase price per gallon for fuel(s) delivered Sunday, May 8, 2022 through Saturday, May
14, 2022.
In instances where a Thursday is a holiday, i.e. Thanksgiving, the day’s final OPIS price(s)
posted for the Wednesday preceding that Thursday holiday shall be used.
B. Vendor(s) shall be responsible for correctly invoicing each agency/entity utilizing this
contract.
C. Taxes shall be listed as separate line items on all invoices. Vendor(s) shall be responsible
for informing each using agency/entity utilizing the contract of any and all tax changes
as they occur. Any difference in taxes that occur as a result of an agency/entity not
being informed of a tax change shall be borne by the vendor.
C. QUESTIONS AND ANSWERS
Question 1 - Please provide which locations are accessible by Transport Trucks
(18-Wheel Truck)
Answer - For Orange County (OC) – all 10,000+ Gal sites are accessible by
Transport Trucks.
Question 2 - Please provide which locations are accessible by Small Transport
Trucks?
Answer - For OC –All sites are accessible by small transport trucks.
Question 3 - If a split occurs, how many sites are allowed to be split per delivery?
Answer - For Orange County – if split loads are only 2 sites.
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Y23-105; Addendum 4 Page 3 of 14
November 8, 2022
Question 4 - If a split occurs, how many products are allowed to be split per
delivery?
Answer - For OC – split loads may be up to two products.
Question 5 - How often are deliveries split between multiple locations?
Answer - For OC – Rarely, usually as we prep for incoming storm.
Question 6 - How often are deliveries split with multiple products?
Answer - For OC – Rarely, usually only when we prep for incoming storms.
Question 7 - What are the payment terms for this contract?
Answer – For OC – Please see page 12, General Terms and Conditions Item
number 33 PAYMENT TERM/DISCOUNT and page 25, Special Terms and
Conditions Item 12 PAYMENT.
Question 8 - Who is the current incumbent for the contract?
Answer – The current Contractor is Petroleum Traders, Inc.
Question 9 - May I please get a bid tabulation from the last award of this contract?
Answer – For Bid Tabulation please see B. CHANGES, Attachment 2 – Bid
Tabulation of this Addendum 4.
Question 10 - May I please get a copy of the most recent Bill of Lading for each
location?
Answer - Although a bill of lading is not provided, attached is a spreadsheet with
the usage and capacity/usage with pricing and quantities. Please see B. CHANGES
Attachment 3 – Annual Usage Report and Attachment 4 – Automated Fuel Sites
Fleet Usage/Capacity in this Addendum 4.
Question 11 - May I please get a copy of the most recent fuel invoice for each
location?
Answer - Although an invoice is not provided, attached is a spreadsheet with the
usage with pricing and quantities. Please see B. CHANGES Attachment 3 – Annual
Usage Report and Attachment 4 – Automated Fuel Sites Fleet Usage/Capacity in
this Addendum 4.
Question 12 - Which locations require B-10 biodiesel?
Answer - For OC – none at this time. The product may be used in the future.
Question 13 - Which locations require B-20 biodiesel?
Answer - For OC – none at this time. The product may be used in the future.
Question 14 - Are vendors required to bid on all fuel types?
Answer - Please see Special Terms and Conditions, Item 5. AWARD provision on
Page 21.
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Y23-105; Addendum 4 Page 4 of 14
November 8, 2022
5. AWARD
Orange County reserves the right to award on an all-or-none basis to the lowest responsive
and responsible bidder or to award on a lot-by-lot basis to the lowest responsive and
responsible Bidder, whichever is in the best interest of the County.
Question 15 - Are vendors required to bid on all sites and districts within the
county?
Answer – Please see Special Terms and Conditions, Item 5. AWARD provision on
Page 21.
5. AWARD
Orange County reserves the right to award on an all-or-none basis to the lowest responsive
and responsible bidder or to award on a lot-by-lot basis to the lowest responsive and
responsible Bidder, whichever is in the best interest of the County.
Question 16 - Please provide a breakdown of the average delivery load per site
and product.
Answer - For OC Fleet – all transport loads will be 7,000+ gals.
Question 17 - Will the above ground tanks listed require a pump?
Answer - For OC – Yes.
Question 18 - When is Orange County’s expected award date for this bid?
Answer – The current contract is expiring on January 20, 2023. This IFB will be
replacing the current contract after the expiration and award of a new contract but
the start date is not established yet.
Question 19 - What is the delivery time window for fuel on the sites for Orange
County?
Answer – Please see Page 22, Special Terms and Conditions, Item 8. DELIVERY.
Delivery shall be no later than one (1) calendar day from receipt of delivery order.
8. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bids. Delivery
shall be no later than one (1) calendar day from receipt of delivery order. Monday
through Saturday unless other arrangements have been made with the ordering
agency/entity. The vendor shall contact each location at least thirty (30) minutes
prior to delivery to arrange for an agency/entity representative to be present at time
of delivery. The vendor and agency will agree upon a two (2) hour delivery window.
Vendor shall contact all other agencies/entities utilizing this contract to obtain their
ordering procedures.
Bids submitted which fail to meet this requirement shall be cause for rejection.
Failure of the awarded vendor to meet this delivery requirement shall result in
default and termination of the delivery order or contract. It is hereby understood and
Page 230 of 392
Y23-105; Addendum 4 Page 5 of 14
November 8, 2022
mutually agreed to by and between parties hereto that the time of delivery is an
essential condition of this contract.
Question 20 - Does the county have specific delivery days that are required when
delivery fuel?
Answer - All days shall be available for delivery. Normally MON-FRI for most, but
SAT can be an option at our discretion even during normal operations. SUN can
also be used especially with approaching/recovering from a storm or other
emergencies.
Question 21 - Is there a DBE/MWBE requirement for this bid?
Answer - There is no MWBE requirement for this bid.
Question 22 - Does the county want prices based off of the OPIS Gross Contract
Average Orlando terminal?
Answer – Yes. There are multiple terminals in this Invitation For Bids. Please see
B. CHANGES, Item 6. BID PRICES in this Addendum 4.
Question 23 - Does the county want prices based off of the OPIS Gross Contract
Average Taft terminal?
Answer – Yes. There are multiple terminals in this Invitation For Bids. Please see
B. CHANGES, Item 6. BID PRICES in this Addendum 4.
Question 24 - For the 300,000 gallons of 87 octane for Seminole County
Government, is this meant to be ethanol free?
Answer – Per the Seminole County Government they use 87 Octane with 10%
ethanol.
Question 25 - For the 300,000 gallons of 87 octane for Seminole County
Government, is this meant to be 87 octane 10% ethanol?
Answer – Per the Seminole County Government they use 87 Octane with 10%
ethanol.
Question 26 - For the City of Cocoa, are the sites indicated as DULS-Diesel Gen
intended for dyed diesel use?
Answer – Yes, Dyed or Off-road Diesel.
Question 27 - Please provide a breakdown of the estimated annual volume and
fuel type for each site/tank.
Answer - For OC - This is unknown due to multiple variables. 4400 Vineland Road
is usually Orange County’s busiest site. Total usage is supplied in bid contract for
OC Fleet usage. Please see B. CHANGES, Attachment 3 – Annual Usage Report
and Attachment 4 – Automated Fuel Sites Fleet Usage/Capacity in this Addendum
4.
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Y23-105; Addendum 4 Page 6 of 14
November 8, 2022
Question 28 - Does Orange County have the access to provide addresses on the
sites with ‘(no physical address provided)’ indicated on the Delivery Schedule?
Answer - All OC sites have addresses. Please see B. CHANGES, Item 2, for
updated Attachment A-1 Delivery Schedule in this Addendum 4.
Question 29 - The Bid Response Form states that the fixed discount or markup
should be subtracted from the OPIS Average for the Orlando/Taft terminal. Taft and
Orlando are different terminal cities in OPIS with different pricing, which OPIS city
does the County want to be priced off of?
Answer – Please see A. CHANGES, Items 1. Bid Response Form and Item 2.
Delivery Schedule A-1 in this Addendum 4.
Question 30 - Regarding the requirement for the 2 hour delivery window - due to
current market conditions and carrier shortages, could we use the standard 4 hour
delivery window?
Answer - Not for normal deliveries. During/After approaching storms we
understand this can change. Please see B. CHANGES, Item 6. BID PRICES in this
Addendum 4.
Question 31 - Regarding the requirement for delivery within 24 hours - due to
current market conditions and carrier shortages, could we use agree to 24-48 hour
delivery time?
Answer - For OC – No, delivery shall be within one calendar day from receipt of
delivery order. Please see page 22, Special Terms and Conditions, Item 8.
DELIVERY.
Question 32 - What are the expected contract start and end dates?
Answer – The current contract is expiring on January 20, 2023. This IFB will be
replacing the current contract after the expiration and award of a new contract but
the start date is not established yet. Also, see Page 28, Special Terms and
Conditions, Item 16. CONTRACT TERM/RENEWAL provision.
Question 33 - Is there an established MWBE and / or SDV goal for this solicitation?
Answer - No, there is not an established M/WBE and/or SDV goal for this
Solicitation.
Question 34 - The Bid documents ask for a margin based on Transport load sizes
for 8,000 gallons - could you advise how the pricing for the smaller (TW) tanks will
be billed?
Answer - The small tanks are not OC Fleet tanks and should not be part of this bid.
Separate contract (Y18-1124 was previously awarded for Motor Fuel – Tank Wagon
Deliveries) for small tanker loads. See B. CHANGES, Item 2, Attachment A-1
Delivery Schedule on this Addendum 4.
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Y23-105; Addendum 4 Page 7 of 14
November 8, 2022
Question 35 - Regarding 12100 Young Pine road - Previously we show this location
had a 10,000 gallon gas tank, but the bid document just shows (2) 1,000 gallon
tanks - could you advise?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 36 - Regarding 1621 Alafaya Tr - Previously we show this location had a
10,000 gallon gas tank, but the bid document just show a 1,000 gallon tank- could
you advise?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 37 - May we No Bid the smaller tank wagon locations (less than transport
loads) and still be considered for award?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 38 - Would you consider adding separate pricing for less than transport
loads?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 39 - May we request that the delivery hours be expanded to 4 hours?
Understanding and acknowledging that delivery times are essential, a 2-hour
window is too tight for a safe delivery with a 24-hour delivery notice.
Answer - For OC – No, it shall be 2 hours. Please see answer to Question #19 in
this Addendum 4.
Question 40 - Please define the expected payment terms for this contract. Chapter
218 does not define a payment term other than timely. If the expected payment
terms are Net 30, please confirm.
Answer – Please see answer to Question #7 in this Addendum 4.
Question 41 - Please clarify calculation for the MWBE, SDVB preference. Is it
calculated on extended fuel prices or on the increment above or below OPIS
Average? A 3% price advantage for extended fuel prices would result in an over
$250,000 advantage. If this is calculated based on extended fuel prices, please
consider reducing or eliminating the percentage advantage or allowance so as to
create a fair bidding environment.
Answer - There is no M/WBE availability for the proposed scopes of services.
Question 42 – Is this contract federally funded?
Answer – No. This contract is not federally funded.
Question 43 - The line items on the bid sheet identify the total volume estimate at
2,530,000 gallons. Is this volume listed only for Orange County facilities and not
the COOP participants? Are the volumes listed for the COOP locations in addition
to the price sheet volumes? Are the COOPs listed currently active on the existing
contract?
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Y23-105; Addendum 4 Page 8 of 14
November 8, 2022
Answer – The volumes listed on the Bid Response Form are for Orange County
only. The volumes listed for the COOP locations are in addition and are not part of
this contract. The rest of the agencies may piggyback off this contract.
Question 44 - There are gaps in the year when E-100 does not post, how are
vendors to price E-100 if there is not an OPIS posting?
Answer - For OC—we no longer regularly use E85, this is not an issue.
Question 45 - B-10 and B-20 do not post in the Taft OPIS, B-10 and B-20 only post
in the Orlando OPIS. How should B-10 and B-20 be priced?
Answer - For OC – B-10 and B-20 terminal is Orlando. Please see B. CHANGES,
Item 6. BID PRICES in this Addendum 4.
Question 46 - Please provide a current invoice.
Answer - Although an invoice is not provided, attached is a spreadsheet with the
usage with pricing and quantities. Please see B. CHANGES, Attachment 3 – Annual
Usage Report and Attachment 4 – Automated Fuel Sites Fleet Usage/Capacity in
this Addendum 4.
Question 47 - Please provide bill of ladings for all fuel grades on this solicitation.
Answer – Although a bill of ladings is not provided, attached is a spreadsheet with
the usage with pricing and quantities. Please see B. CHANGES, Attachment 3
Annual Usage Report and Attachment 4 Automated Fuel Sites Fleet
Usage/Capacity in this Addendum 4.
Question 48 - Please provide tax exemptions / certificates.
Answer - While the County is tax exempt, we will not be providing the certification
at this time in the solicitation process.
Question 49 - What is the expected start date for deliveries?
Answer - At the start of the contract period.
Question 50 - Would the County consider extending the due date?
Answer – Yes, please see A. BID SUBMISSION DUE DATE in this Addendum 4.
Question 51 - Will bids be considered responsive if electronic signatures are used?
(i.e. DocuSign)
Answer – From the vendors end we don’t prescribe what mechanism they use to
sign their bids, it just needs to be signed.
Question 52 - Or are wet signatures required for bids to be considered
responsive?
Answer – Please see answer to Question 51 in this Addendum 4.
Question 53 - If shown as line items on the invoice, will payment for the applicable
taxes be processed?
Answer – Yes, taxes will be paid if listed separately.
Question 54 - How is the basis for award calculated regarding the submitted
prices?
Page 234 of 392
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Y23-105; Addendum 4 Page 10 of 14
November 8, 2022
ATTACHMENT A-1 DELIVERY SCHEDULE
LOCATION TANK CAPACITY
IN GALLONS
FUEL A = Above
Ground
B = Below
Ground
ORANGE COUNTY GOVERNMENT
Estimated Total Annual Usage in Gallons
1,500,000, 87 Octane, E-10
10,000, 89 Octane, E-10
10,000, E-85
10,000, ULS Diesel
1,010,000, Dyed ULS Diesel
4400 Vineland Rd., Orlando, FL 15,000 87
Octane
B
15,000 87
Octane
B
15,000 87
Octane
B
15,000 Dyed
Diesel
B
15,000 Dyed
Diesel
B
12,000 87
Octane
A
1111 N. Rock Springs Rd., Apopka, FL 15,000 87
Octane
B
475 Story Rd., Ocoee, FL 15,000 87
Octane
B
12050 E. Colonial Dr., Union Park, FL 15,000 87
Octane
B
10,000 Diesel B
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
3258 Clarcona Rd., Apopka, FL 12,000 87
Octane
A
15,000 Dyed
Diesel
A
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Y23-105; Addendum 4 Page 11 of 14
November 8, 2022
644 Beulah Rd., Winter Garden, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
3500 Goldengem Road, Zellwood, FL 15,000 87
Octane
B
15, 000 Dyed
Diesel
B
11442 Intermodal Way, Taft, FL 15,000 87
Octane
B
15, 000 Dyed
Diesel
B
4561 Young Pine Road, Orlando, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
2530 Forsyth Rd., Orlando, FL 15,000 87
Octane
B
12,000 Dyed
Diesel
B
18735 Old Cheney Hwy., Bithlo, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
5901 Young Pine Rd., Orlando, FL 10,000 Dyed
Diesel
A
12100 Young Pine Rd., Orlando, FL 12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
9100 Curry Ford Rd., Orlando, FL 10,000 Dyed
Diesel
A
10,000 Dyed
Diesel
A
1621 S. Alafaya Trail, Orlando, FL 12,000 Dyed
Diesel
A
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Y23-105; Addendum 4 Page 12 of 14
November 8, 2022
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
4200 John Young Parkway, Orlando, FL 15,000 Dyed
Diesel
B
4760 Sand Lake Rd., Orlando, FL 12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
10,000 Dyed
Diesel
A
16,000 Dyed
Diesel
B
701 W. McCormick Rd., Apopka, FL 12,000 Dyed
Diesel
B
8100 President Drive Orlando FL 15,000 87
Octane
B
20,000 Dyed
Diesel
B
CITY OF ALTAMONTE SPRINGS
Estimated Annual Usage in Gallons
200,000, 87 Octane, E-10
120,000, ULS Diesel
20,000, Dyed ULS Diesel
975 Calabria Dr. Altamonte Springs, FL 10,000 87
Octane
B
497 West Dr., Altamonte Springs, FL 10,000 87
Octane
B
952 Keller Rd., Altamonte Springs, FL 8,000 Dyed
Diesel
A
CITY OF OCOEE
Estimated Annual Usage in Gallons
119,000, 87 Octane, E-10
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Y23-105; Addendum 4 Page 13 of 14
November 8, 2022
58,400, ULS Diesel
301 Maguire Rd., Ocoee, FL 10,000 87
Octane
A
10,000 Diesel A
CITY OF WINTER PARK
Estimated Annual Usage in Gallons
170,890, 89 Octane, E-10
90,842, ULS Diesel
12,000, Dyed ULS Diesel
1409 Howell Branch Rd., Winter Park,
FL
10,000 89
Octane
B
10,000 Diesel B
500 N. Virginia Dr., Winter Park, FL 10,000 89
Octane
B
10,000 Diesel B
ORLANDO UTILITIES COMMISSION
Estimated Annual Usage in Gallons
210,000, 87 Octane, E-10
60,000 ULS Diesel
230,000 Bio Diesel B20
30,000 Dyed Diesel
95,000 E-85
6025 Pershing Ave., Orlando, FL 10,000 87
Octane
A
10,000 Diesel A
10,000 E85 A
3824 Gardenia Ave., Orlando, FL 10,000 87
Octane
A
10,000 Diesel A
10,000 E85 A
5100 Alafaya Trail, Orlando, FL 10,000 87
Octane
A
20,000 Diesel A
502 W. Sand Lake Road, Orlando, FL 7,000 Dyed Diesel A
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Y23-105; Addendum 4 Page 14 of 14
November 8, 2022
SEMINOLE COUNTY GOVERNMENT
Estimated Annual Usage in Gallons
300,000, 87 Octane
600,000 ULS Diesel
8,000 Dyed ULS Diesel
141 Bush Loop, Sanford, FL 20,000 87
Octane
B
20,000 Diesel B
30,000 Diesel B
1910 E. Osceola Rd., Geneva, FL 12,000 87
Octane
A
12,000 Diesel A
150 Bush Blvd., Sanford, FL 10,000 Diesel A
CITY OF COCOA
Estimated Annual Usage in Gallons
260,900, 87 Octane, E-10
70,000, ULS Diesel
5,200, Pre-93 Non-Eth
190,000, DULS-Diesel Gen
301 Shearer, Cocoa, FL 18,000 Dual
Compartment
87
Octane
A
10,000 Diesel A
28400 SR 520 Christmas, FL 10,000 DULS-
Diesel
Gen
A
10,000 DULS-
Diesel
Gen
A
10,000 DULS-
Diesel
Gen
A
17000 Weewahootee Road, Orlando, FL 10,000 DULS-
Diesel
Gen
A
Page 240 of 392
Orange County Board of County Commissioners
Fleet Management Division
Automated Fuel Sites Information -- CAPACITY/USAGE
Location Site #Address Hours Product/Fuel
Type
Tank
Type UNL DSL E85 FY2022 Usage
Highway--West Orange (Dist #3)79 644 Beulah Road, Winter Garden, 32787 RESTRICTED--700am-330pm UNL & DSL UST 15,000 15,000 58,778 3.5%
Highway/Public Works 80 4200 S. John Young Pkwy. Orlando 32839 700am-330pm DSL UST 15,000 109,724 6.5%
Apopka 81 1111 N. Rock Springs Road, Apopka, 32703 RESTRICTED -- 24 hr UNL UST 15,000 104,872 6.2%
East Orange 82 12050 E. Colonial Dr., Orlando, 32826 24 hr UNL UST 22,750 1.3%
Fleet Mgmt.83 4400 S. Vineland Road, Orlando, 32811 24 hr UNL & DSL UST 45,000 30,000 462,383 27.4%
Highway--3 Points (Dist #4)84 4651 Young Pine Rd, Orlando, 32829 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 141,432 8.4%
Ocoee 85 475 W. Story Road, Ocoee, 34761 RESTRICTED -- 24 hr UNL UST 15,000 131,668 7.8%
Highway--Claracona (Dist #2)86 3258 Claracona Road, Orlando, 32703 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 43,943 2.6%
Utilities -- EWRF (Easterly)87 1621 S. Alafaya Trail, Orlando, 32817 GUARD--700am-330pm UNL & DSL UST 9,000 73,301 4.3%
Fleet Mgmt.88 4400 S. Vineland Road, Orlando, 32811 24 hr E85-Ethanol AST 12,000 0 0.0%
89 8100 Presidents Dr, Orlando 32809 GUARDED UNL & DSL UST 15,000 20,000 265,612 15.7%
Highway--Forsyth (Dist #5)90 2531 Forsyth Road, Orlando, 32792 RESTRICTED--700am-330pm UNL & DSL UST 15,000 11,600 117,009 6.9%
Highway--Bithlo 91 18753 Old Cheney Hwy, Orlando (Bithlo) 32820 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 46,780 2.8%
Highway--Zellwood 92 3500 Golden Gem Rd., Zellwood 32703 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 48,439 2.9%
Highway--Taft 96 11442 Intermodel Way, Orlando (Taft), 32824 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 62,857 3.7%
TOTAL 171,000 175,600 12,000 1,689,547
164700 158040
Total Fuel Capacity (Gals)358,600
Usable/Ullage Capacity (Gals)322,740
Capacity (Gallons)
ATTACHMENT 4
Page 241 of 392
Page 242 of 392
Y23-105; Addendum 4 Page 1 of 14
November 8, 2022
November 8, 2022
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
INVITATION FOR BID (IFB) Y23-105; ADDENDUM #4
MOTOR FUEL TRANSPORT DELIVERIES
This Addendum is hereby incorporated into the bid documents of the project referenced
above. The following items are clarifications, corrections, additions, deletions, and/or
revisions to and shall take precedence over the original documents. Additions are
indicated by underlining and deletions via strikethrough.
A. BID SUBMISSION DUE DATE
1. The Bid Submission Due Date is hereby changed from Tuesday, November
15, 2022 to Tuesday, November 22, 2022 at 4:00PM.
B. CHANGES
1. BID RESPONSE FORM PAGES 30 THROUGH 32 IS REPLACED IN ITS
ENTIRETY WITH BID RESPONSE FORM PAGES 30A THROUGH 32 A. BID
RESPONSE FORM IS ATTACHED IN THIS ADDENDUM 4.
2. Attachment A – Delivery Schedule is deleted in its entirety and replaced with
Attachment A-1. Attachment A-1 is attached in this Addendum 4.
3. Attachment 2 – Bid Tabulation is added to this Addendum 4.
4. Attachment 3 – Annual Usage Report is added to this Addendum 4.
5. Attachment 4 – Automated Fuel Sites Information – Orange County Fleet
Management Division Capacity/Usage is added to this Addendum 4.
6. Special Terms and Conditions, Page 21, Item 6. BID PRICES is changed as
follows:
6. BID PRICES
A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra-low sulfur diesel fuel,
undyed and dyed and E-85, bidders shall submit on the Bid Response Form a fixed discount
or fixed mark-up price to be subtracted from or added to the OPIS average price(s) per
gallon posted for Taft (located at 9919 Orange Ave. Orlando, FL 32824). to arrive at the
purchase price per gallon for each fuel type and/or grade listed. E-85 shall be from Orlando
Terminal, located at 555 Hwy. 401 Cape Canaveral, FL 32920.
The formula for figuring E-85 ethanol biofuel shall be 83% of E-100 OPIS plus 17% of E-
10, 87 octane OPIS.
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Y23-105; Addendum 4 Page 2 of 14
November 8, 2022
Note: All grades of gasoline petroleum motor fuels as referenced above are E-10 when
sourced from the Taft Terminal.
For B-10 and B-20, the rack average for B-10 and B-20 blended at the Taft terminal shall
be used to determine the final price for biodiesel motor fuels ordered by the County.
The fixed discount/mark-up shall remain firm during the entire contract period and
each subsequent twelve (12) month period agreed upon, and shall include, but not be
limited to profit, overhead, drop charges, split delivery charges, delivery charges,
pump charges, freight charges and all other costs incurred by the vendor, with the
exception of fees and taxes, for delivering fuel to those locations listed on Delivery
Schedule A-1, 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 5, 2022 shall be utilized to arrive at the
purchase price per gallon for fuel(s) delivered Sunday, May 8, 2022 through Saturday, May
14, 2022.
In instances where a Thursday is a holiday, i.e. Thanksgiving, the day’s final OPIS price(s)
posted for the Wednesday preceding that Thursday holiday shall be used.
B. Vendor(s) shall be responsible for correctly invoicing each agency/entity utilizing this
contract.
C. Taxes shall be listed as separate line items on all invoices. Vendor(s) shall be responsible
for informing each using agency/entity utilizing the contract of any and all tax changes
as they occur. Any difference in taxes that occur as a result of an agency/entity not
being informed of a tax change shall be borne by the vendor.
C. QUESTIONS AND ANSWERS
Question 1 - Please provide which locations are accessible by Transport Trucks
(18-Wheel Truck)
Answer - For Orange County (OC) – all 10,000+ Gal sites are accessible by
Transport Trucks.
Question 2 - Please provide which locations are accessible by Small Transport
Trucks?
Answer - For OC –All sites are accessible by small transport trucks.
Question 3 - If a split occurs, how many sites are allowed to be split per delivery?
Answer - For Orange County – if split loads are only 2 sites.
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November 8, 2022
Question 4 - If a split occurs, how many products are allowed to be split per
delivery?
Answer - For OC – split loads may be up to two products.
Question 5 - How often are deliveries split between multiple locations?
Answer - For OC – Rarely, usually as we prep for incoming storm.
Question 6 - How often are deliveries split with multiple products?
Answer - For OC – Rarely, usually only when we prep for incoming storms.
Question 7 - What are the payment terms for this contract?
Answer – For OC – Please see page 12, General Terms and Conditions Item
number 33 PAYMENT TERM/DISCOUNT and page 25, Special Terms and
Conditions Item 12 PAYMENT.
Question 8 - Who is the current incumbent for the contract?
Answer – The current Contractor is Petroleum Traders, Inc.
Question 9 - May I please get a bid tabulation from the last award of this contract?
Answer – For Bid Tabulation please see B. CHANGES, Attachment 2 – Bid
Tabulation of this Addendum 4.
Question 10 - May I please get a copy of the most recent Bill of Lading for each
location?
Answer - Although a bill of lading is not provided, attached is a spreadsheet with
the usage and capacity/usage with pricing and quantities. Please see B. CHANGES
Attachment 3 – Annual Usage Report and Attachment 4 – Automated Fuel Sites
Fleet Usage/Capacity in this Addendum 4.
Question 11 - May I please get a copy of the most recent fuel invoice for each
location?
Answer - Although an invoice is not provided, attached is a spreadsheet with the
usage with pricing and quantities. Please see B. CHANGES Attachment 3 – Annual
Usage Report and Attachment 4 – Automated Fuel Sites Fleet Usage/Capacity in
this Addendum 4.
Question 12 - Which locations require B-10 biodiesel?
Answer - For OC – none at this time. The product may be used in the future.
Question 13 - Which locations require B-20 biodiesel?
Answer - For OC – none at this time. The product may be used in the future.
Question 14 - Are vendors required to bid on all fuel types?
Answer - Please see Special Terms and Conditions, Item 5. AWARD provision on
Page 21.
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Y23-105; Addendum 4 Page 4 of 14
November 8, 2022
5. AWARD
Orange County reserves the right to award on an all-or-none basis to the lowest responsive
and responsible bidder or to award on a lot-by-lot basis to the lowest responsive and
responsible Bidder, whichever is in the best interest of the County.
Question 15 - Are vendors required to bid on all sites and districts within the
county?
Answer – Please see Special Terms and Conditions, Item 5. AWARD provision on
Page 21.
5. AWARD
Orange County reserves the right to award on an all-or-none basis to the lowest responsive
and responsible bidder or to award on a lot-by-lot basis to the lowest responsive and
responsible Bidder, whichever is in the best interest of the County.
Question 16 - Please provide a breakdown of the average delivery load per site
and product.
Answer - For OC Fleet – all transport loads will be 7,000+ gals.
Question 17 - Will the above ground tanks listed require a pump?
Answer - For OC – Yes.
Question 18 - When is Orange County’s expected award date for this bid?
Answer – The current contract is expiring on January 20, 2023. This IFB will be
replacing the current contract after the expiration and award of a new contract but
the start date is not established yet.
Question 19 - What is the delivery time window for fuel on the sites for Orange
County?
Answer – Please see Page 22, Special Terms and Conditions, Item 8. DELIVERY.
Delivery shall be no later than one (1) calendar day from receipt of delivery order.
8. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bids. Delivery
shall be no later than one (1) calendar day from receipt of delivery order. Monday
through Saturday unless other arrangements have been made with the ordering
agency/entity. The vendor shall contact each location at least thirty (30) minutes
prior to delivery to arrange for an agency/entity representative to be present at time
of delivery. The vendor and agency will agree upon a two (2) hour delivery window.
Vendor shall contact all other agencies/entities utilizing this contract to obtain their
ordering procedures.
Bids submitted which fail to meet this requirement shall be cause for rejection.
Failure of the awarded vendor to meet this delivery requirement shall result in
default and termination of the delivery order or contract. It is hereby understood and
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Y23-105; Addendum 4 Page 5 of 14
November 8, 2022
mutually agreed to by and between parties hereto that the time of delivery is an
essential condition of this contract.
Question 20 - Does the county have specific delivery days that are required when
delivery fuel?
Answer - All days shall be available for delivery. Normally MON-FRI for most, but
SAT can be an option at our discretion even during normal operations. SUN can
also be used especially with approaching/recovering from a storm or other
emergencies.
Question 21 - Is there a DBE/MWBE requirement for this bid?
Answer - There is no MWBE requirement for this bid.
Question 22 - Does the county want prices based off of the OPIS Gross Contract
Average Orlando terminal?
Answer – Yes. There are multiple terminals in this Invitation For Bids. Please see
B. CHANGES, Item 6. BID PRICES in this Addendum 4.
Question 23 - Does the county want prices based off of the OPIS Gross Contract
Average Taft terminal?
Answer – Yes. There are multiple terminals in this Invitation For Bids. Please see
B. CHANGES, Item 6. BID PRICES in this Addendum 4.
Question 24 - For the 300,000 gallons of 87 octane for Seminole County
Government, is this meant to be ethanol free?
Answer – Per the Seminole County Government they use 87 Octane with 10%
ethanol.
Question 25 - For the 300,000 gallons of 87 octane for Seminole County
Government, is this meant to be 87 octane 10% ethanol?
Answer – Per the Seminole County Government they use 87 Octane with 10%
ethanol.
Question 26 - For the City of Cocoa, are the sites indicated as DULS-Diesel Gen
intended for dyed diesel use?
Answer – Yes, Dyed or Off-road Diesel.
Question 27 - Please provide a breakdown of the estimated annual volume and
fuel type for each site/tank.
Answer - For OC - This is unknown due to multiple variables. 4400 Vineland Road
is usually Orange County’s busiest site. Total usage is supplied in bid contract for
OC Fleet usage. Please see B. CHANGES, Attachment 3 – Annual Usage Report
and Attachment 4 – Automated Fuel Sites Fleet Usage/Capacity in this Addendum
4.
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Y23-105; Addendum 4 Page 6 of 14
November 8, 2022
Question 28 - Does Orange County have the access to provide addresses on the
sites with ‘(no physical address provided)’ indicated on the Delivery Schedule?
Answer - All OC sites have addresses. Please see B. CHANGES, Item 2, for
updated Attachment A-1 Delivery Schedule in this Addendum 4.
Question 29 - The Bid Response Form states that the fixed discount or markup
should be subtracted from the OPIS Average for the Orlando/Taft terminal. Taft and
Orlando are different terminal cities in OPIS with different pricing, which OPIS city
does the County want to be priced off of?
Answer – Please see A. CHANGES, Items 1. Bid Response Form and Item 2.
Delivery Schedule A-1 in this Addendum 4.
Question 30 - Regarding the requirement for the 2 hour delivery window - due to
current market conditions and carrier shortages, could we use the standard 4 hour
delivery window?
Answer - Not for normal deliveries. During/After approaching storms we
understand this can change. Please see B. CHANGES, Item 6. BID PRICES in this
Addendum 4.
Question 31 - Regarding the requirement for delivery within 24 hours - due to
current market conditions and carrier shortages, could we use agree to 24-48 hour
delivery time?
Answer - For OC – No, delivery shall be within one calendar day from receipt of
delivery order. Please see page 22, Special Terms and Conditions, Item 8.
DELIVERY.
Question 32 - What are the expected contract start and end dates?
Answer – The current contract is expiring on January 20, 2023. This IFB will be
replacing the current contract after the expiration and award of a new contract but
the start date is not established yet. Also, see Page 28, Special Terms and
Conditions, Item 16. CONTRACT TERM/RENEWAL provision.
Question 33 - Is there an established MWBE and / or SDV goal for this solicitation?
Answer - No, there is not an established M/WBE and/or SDV goal for this
Solicitation.
Question 34 - The Bid documents ask for a margin based on Transport load sizes
for 8,000 gallons - could you advise how the pricing for the smaller (TW) tanks will
be billed?
Answer - The small tanks are not OC Fleet tanks and should not be part of this bid.
Separate contract (Y18-1124 was previously awarded for Motor Fuel – Tank Wagon
Deliveries) for small tanker loads. See B. CHANGES, Item 2, Attachment A-1
Delivery Schedule on this Addendum 4.
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Y23-105; Addendum 4 Page 7 of 14
November 8, 2022
Question 35 - Regarding 12100 Young Pine road - Previously we show this location
had a 10,000 gallon gas tank, but the bid document just shows (2) 1,000 gallon
tanks - could you advise?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 36 - Regarding 1621 Alafaya Tr - Previously we show this location had a
10,000 gallon gas tank, but the bid document just show a 1,000 gallon tank- could
you advise?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 37 - May we No Bid the smaller tank wagon locations (less than transport
loads) and still be considered for award?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 38 - Would you consider adding separate pricing for less than transport
loads?
Answer - Please see answer to Question #34 in this Addendum 4.
Question 39 - May we request that the delivery hours be expanded to 4 hours?
Understanding and acknowledging that delivery times are essential, a 2-hour
window is too tight for a safe delivery with a 24-hour delivery notice.
Answer - For OC – No, it shall be 2 hours. Please see answer to Question #19 in
this Addendum 4.
Question 40 - Please define the expected payment terms for this contract. Chapter
218 does not define a payment term other than timely. If the expected payment
terms are Net 30, please confirm.
Answer – Please see answer to Question #7 in this Addendum 4.
Question 41 - Please clarify calculation for the MWBE, SDVB preference. Is it
calculated on extended fuel prices or on the increment above or below OPIS
Average? A 3% price advantage for extended fuel prices would result in an over
$250,000 advantage. If this is calculated based on extended fuel prices, please
consider reducing or eliminating the percentage advantage or allowance so as to
create a fair bidding environment.
Answer - There is no M/WBE availability for the proposed scopes of services.
Question 42 – Is this contract federally funded?
Answer – No. This contract is not federally funded.
Question 43 - The line items on the bid sheet identify the total volume estimate at
2,530,000 gallons. Is this volume listed only for Orange County facilities and not
the COOP participants? Are the volumes listed for the COOP locations in addition
to the price sheet volumes? Are the COOPs listed currently active on the existing
contract?
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Y23-105; Addendum 4 Page 8 of 14
November 8, 2022
Answer – The volumes listed on the Bid Response Form are for Orange County
only. The volumes listed for the COOP locations are in addition and are not part of
this contract. The rest of the agencies may piggyback off this contract.
Question 44 - There are gaps in the year when E-100 does not post, how are
vendors to price E-100 if there is not an OPIS posting?
Answer - For OC—we no longer regularly use E85, this is not an issue.
Question 45 - B-10 and B-20 do not post in the Taft OPIS, B-10 and B-20 only post
in the Orlando OPIS. How should B-10 and B-20 be priced?
Answer - For OC – B-10 and B-20 terminal is Orlando. Please see B. CHANGES,
Item 6. BID PRICES in this Addendum 4.
Question 46 - Please provide a current invoice.
Answer - Although an invoice is not provided, attached is a spreadsheet with the
usage with pricing and quantities. Please see B. CHANGES, Attachment 3 – Annual
Usage Report and Attachment 4 – Automated Fuel Sites Fleet Usage/Capacity in
this Addendum 4.
Question 47 - Please provide bill of ladings for all fuel grades on this solicitation.
Answer – Although a bill of ladings is not provided, attached is a spreadsheet with
the usage with pricing and quantities. Please see B. CHANGES, Attachment 3
Annual Usage Report and Attachment 4 Automated Fuel Sites Fleet
Usage/Capacity in this Addendum 4.
Question 48 - Please provide tax exemptions / certificates.
Answer - While the County is tax exempt, we will not be providing the certification
at this time in the solicitation process.
Question 49 - What is the expected start date for deliveries?
Answer - At the start of the contract period.
Question 50 - Would the County consider extending the due date?
Answer – Yes, please see A. BID SUBMISSION DUE DATE in this Addendum 4.
Question 51 - Will bids be considered responsive if electronic signatures are used?
(i.e. DocuSign)
Answer – From the vendors end we don’t prescribe what mechanism they use to
sign their bids, it just needs to be signed.
Question 52 - Or are wet signatures required for bids to be considered
responsive?
Answer – Please see answer to Question 51 in this Addendum 4.
Question 53 - If shown as line items on the invoice, will payment for the applicable
taxes be processed?
Answer – Yes, taxes will be paid if listed separately.
Question 54 - How is the basis for award calculated regarding the submitted
prices?
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Y23-105; Addendum 4 Page 9 of 14
November 8, 2022
Answer – Please see answer to Question 5 in this Addendum 4.
Question 55 - Will the county pay via ACH or via mail?
Answer - For OC – This is controlled by Orange County Comptroller. Many vendors
are set up for EFT/ACH and is used regularly for other contracts.
Question 56 - Ref 6.A: can raises be included in the bid for the additional years?
Answer – No.
Question 57 - Ref 7: Do you want one price per product for all delivery locations
listed in the bid?
Answer - For OC – Yes, one price each for all delivery locations listed for Transport
Loads (7000+ Gal).
Question 58 - Ref Schedule of Subcontracting: do we need to list common carriers
as a subcontractor if we intend to use common carriers?
Answer – No. If common carriers will be used in this contract, please mark it on the
Bid Response Form.
Question 59 - Do you have estimated gallon usage by site?
Answer - Please see B. CHANGES, Attachment 3 - Annual Usage Report and
Attachment 4 -Automated Fuel Sites Fleet Usage/Capacity in this Addendum 4.
Question 60 - Are all sites listed going to ride this contract? i.e., City of Altamonte
Springs will expect deliveries and the same pricing as the sites for Orange County
Government?
Answer – All agencies listed in Attachment A-1 DELIVERY SCHEDULE may
piggyback off of this contract. Pricing, terms and conditions of the contract are
expected to be extended to the rest of the agencies if the Contractor agrees.
D. ACKNOWLEDGEMENT OF ADDENDA
a. The bidder shall acknowledge receipt of this addendum by completing that
applicable section in the solicitation or by completion of the
acknowledgement information on the addendum. Either form of
acknowledgement must be completed and returned no later than the date
and time for receipt of the bid.
b. All other terms and conditions of the IFB remain the same.
c. Receipt acknowledge by:
_____________________________ __________________
Authorized Signature Date
_____________________________
Title
_____________________________
Name of Firm
Page 251 of 392
Y23-105; Addendum 4 Page 10 of 14
November 8, 2022
ATTACHMENT A-1 DELIVERY SCHEDULE
LOCATION TANK CAPACITY
IN GALLONS
FUEL A = Above
Ground
B = Below
Ground
ORANGE COUNTY GOVERNMENT
Estimated Total Annual Usage in Gallons
1,500,000, 87 Octane, E-10
10,000, 89 Octane, E-10
10,000, E-85
10,000, ULS Diesel
1,010,000, Dyed ULS Diesel
4400 Vineland Rd., Orlando, FL 15,000 87
Octane
B
15,000 87
Octane
B
15,000 87
Octane
B
15,000 Dyed
Diesel
B
15,000 Dyed
Diesel
B
12,000 87
Octane
A
1111 N. Rock Springs Rd., Apopka, FL 15,000 87
Octane
B
475 Story Rd., Ocoee, FL 15,000 87
Octane
B
12050 E. Colonial Dr., Union Park, FL 15,000 87
Octane
B
10,000 Diesel B
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
3258 Clarcona Rd., Apopka, FL 12,000 87
Octane
A
15,000 Dyed
Diesel
A
Page 252 of 392
Y23-105; Addendum 4 Page 11 of 14
November 8, 2022
644 Beulah Rd., Winter Garden, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
3500 Goldengem Road, Zellwood, FL 15,000 87
Octane
B
15, 000 Dyed
Diesel
B
11442 Intermodal Way, Taft, FL 15,000 87
Octane
B
15, 000 Dyed
Diesel
B
4561 Young Pine Road, Orlando, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
2530 Forsyth Rd., Orlando, FL 15,000 87
Octane
B
12,000 Dyed
Diesel
B
18735 Old Cheney Hwy., Bithlo, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
5901 Young Pine Rd., Orlando, FL 10,000 Dyed
Diesel
A
12100 Young Pine Rd., Orlando, FL 12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
9100 Curry Ford Rd., Orlando, FL 10,000 Dyed
Diesel
A
10,000 Dyed
Diesel
A
1621 S. Alafaya Trail, Orlando, FL 12,000 Dyed
Diesel
A
Page 253 of 392
Y23-105; Addendum 4 Page 12 of 14
November 8, 2022
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
4200 John Young Parkway, Orlando, FL 15,000 Dyed
Diesel
B
4760 Sand Lake Rd., Orlando, FL 12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
10,000 Dyed
Diesel
A
16,000 Dyed
Diesel
B
701 W. McCormick Rd., Apopka, FL 12,000 Dyed
Diesel
B
8100 President Drive Orlando FL 15,000 87
Octane
B
20,000 Dyed
Diesel
B
CITY OF ALTAMONTE SPRINGS
Estimated Annual Usage in Gallons
200,000, 87 Octane, E-10
120,000, ULS Diesel
20,000, Dyed ULS Diesel
975 Calabria Dr. Altamonte Springs, FL 10,000 87
Octane
B
497 West Dr., Altamonte Springs, FL 10,000 87
Octane
B
952 Keller Rd., Altamonte Springs, FL 8,000 Dyed
Diesel
A
CITY OF OCOEE
Estimated Annual Usage in Gallons
119,000, 87 Octane, E-10
Page 254 of 392
Y23-105; Addendum 4 Page 13 of 14
November 8, 2022
58,400, ULS Diesel
301 Maguire Rd., Ocoee, FL 10,000 87
Octane
A
10,000 Diesel A
CITY OF WINTER PARK
Estimated Annual Usage in Gallons
170,890, 89 Octane, E-10
90,842, ULS Diesel
12,000, Dyed ULS Diesel
1409 Howell Branch Rd., Winter Park,
FL
10,000 89
Octane
B
10,000 Diesel B
500 N. Virginia Dr., Winter Park, FL 10,000 89
Octane
B
10,000 Diesel B
ORLANDO UTILITIES COMMISSION
Estimated Annual Usage in Gallons
210,000, 87 Octane, E-10
60,000 ULS Diesel
230,000 Bio Diesel B20
30,000 Dyed Diesel
95,000 E-85
6025 Pershing Ave., Orlando, FL 10,000 87
Octane
A
10,000 Diesel A
10,000 E85 A
3824 Gardenia Ave., Orlando, FL 10,000 87
Octane
A
10,000 Diesel A
10,000 E85 A
5100 Alafaya Trail, Orlando, FL 10,000 87
Octane
A
20,000 Diesel A
502 W. Sand Lake Road, Orlando, FL 7,000 Dyed Diesel A
Page 255 of 392
Y23-105; Addendum 4 Page 14 of 14
November 8, 2022
SEMINOLE COUNTY GOVERNMENT
Estimated Annual Usage in Gallons
300,000, 87 Octane
600,000 ULS Diesel
8,000 Dyed ULS Diesel
141 Bush Loop, Sanford, FL 20,000 87
Octane
B
20,000 Diesel B
30,000 Diesel B
1910 E. Osceola Rd., Geneva, FL 12,000 87
Octane
A
12,000 Diesel A
150 Bush Blvd., Sanford, FL 10,000 Diesel A
CITY OF COCOA
Estimated Annual Usage in Gallons
260,900, 87 Octane, E-10
70,000, ULS Diesel
5,200, Pre-93 Non-Eth
190,000, DULS-Diesel Gen
301 Shearer, Cocoa, FL 18,000 Dual
Compartment
87
Octane
A
10,000 Diesel A
28400 SR 520 Christmas, FL 10,000 DULS-
Diesel
Gen
A
10,000 DULS-
Diesel
Gen
A
10,000 DULS-
Diesel
Gen
A
17000 Weewahootee Road, Orlando, FL 10,000 DULS-
Diesel
Gen
A
Page 256 of 392
Page 30A
BID RESPONSE FORM
IFB #Y23-105-MV
All charges including, but not limited to, drop charges, pump charges, split delivery
charges and/or minimum freight charges shall be included in the discount or mark-up from
the OPIS price. There are no, and shall not be, provisions for added charges. Estimated
annual gallons of all fuels are stated in Attachment A-1, Delivery Schedule.
ITEM
NO. DESCRIPTION
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
LOT 1, UNLEADED GASOLINE, Transport Loads, as specified
1. 87 Octane, 8,000+ gallon quantity $ per gallon
2. 89 Octane, 8,000+ gallon quantity $ per gallon
3. 93 Octane, 8,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 1 – 1,500,000 gallons
LOT 2, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified
4. 7,000 + gallon quantity $ per gallon
Undyed for motor vehicles
5. 7,000 + gallon quantity $ per gallon
Dyed diesel for off road use
Total annual estimated quantity Lot 2 – 1,010,000 gallons
Company Name
Page 257 of 392
Page 31A
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
ORLANDO
LOT 3, ETHANOL, Transport Loads, as specified
6. E-85 unleaded gasoline, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 3 – 0 gallons
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
MIAMI TERMINAL
LOT 4, BIODIESEL UNDYED AND DYED, Transport Loads, as specified
7. B-10 undyed, 7,000+ gallon quantity $ per gallon
8. B-20 undyed, 7,000+ gallon quantity $ per gallon
9. B-10 dyed, 7,000+ gallon quantity $ per gallon
10. B-20 dyed, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 4 – 10,000 gallons
Company Name
Page 258 of 392
Page 32A
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
ORLANDO TERMINAL
LOT 5, BIODIESEL UNDYED AND DYED, Transport Loads, as specified
11. B-10 undyed, 7,000+ gallon quantity $ per gallon
12. B-20 undyed, 7,000+ gallon quantity $ per gallon
13. B-10 dyed, 7,000+ gallon quantity $ per gallon
14. B-20 dyed, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 5 – 10,000 gallons
Company Name
Indicate if items are to be delivered:
via common carrier* ____ or Owned/Hired Vehicle ____
*If delivery will occur via common carrier, insurance requirements are not applicable. If delivery will
occur via owned or hired vehicles, insurance requirements are applicable.
IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain
terms and conditions that conflict with those listed in the County’s bid documents(s). Inclusion
of additional terms and conditions such as those which may be on your company’s standard
forms shall result in your bid being declared non-responsive as these changes will be
considered a counteroffer to the County’s bid.
Delivery shall be not later than one (1) calendar day After Receipt of Order (ARO) per Special Terms
and Conditions.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Contracting Agent, at
Melisa.Vergara@ocfl.net
Page 259 of 392
BID TABULATION
Y17-1070-MV
MOTOR FUELS TRANSPORT DELIVERIES
LOT 1 DESCRIPTION
Palmdale
Oil
Company Pro Energy, LLC.
Traders,
Corporatio
n
Indigo Energy
Partners, LLC.
Mansfield Oil Company
of Gainsville, Inc. -
NON RESPONSIVE
RKA Petroleum
Companies, Inc. -
NON RESPONSIVE $2.60 PPG
Item Unleaded Gasoline Gallons Palmdale Oil Pro Energy Petroleum Traders Indigo Energy
1 87 Octane Gasoline, +7,000 gallo 1882964 $0.0080 -$0.0100 -$0.0011 -$0.0001 -$0.0049 $0.0363 $2.6080 $2.5900 4,876,876.76$ $2.5989 4,893,635.14$ $2.5999 4895518.104
2 89 Octane Gasoline, +7,000 gallo 10000 -$0.0015 -$0.0150 -$0.0016 -$0.0890 -$0.0106 $0.0292 $2.5985 $2.5850 25,850.00$ $2.5984 25,984.00$ $2.5110 25110
3 93 Octane Gasoline, +7000 gallon1 -$0.0112 -$0.0400 -$0.0241 -$0.2507 -$0.0483 $0.0155 $2.5888 $2.5600 2.56$ $2.5759 2.58$ $2.3493 2.3493
LOT 2
Item Undyed and Dyed Diesel Fuel 4,902,729.32$ 4,920,630.45$
4 Diesel Fuel, +7,000 gallons 10000 $0.0253 $0.0050 $0.0041 $0.0045 $0.0108 $0.0379 $2.6253 $2.6050 $2.6041 26,041.00$
5 Dyed Diesel Fuel, +7,000 gallons 1612000 $0.0296 $0.0100 $0.0008 $0.0134 $0.0087 $0.0348 $2.6296 $2.6100 $2.6008 4,192,489.60$
LOT 3
Item Ethanol
6 E-85, +7,000 gallons 40000 $0.0411 $0.0500 -$0.1134 $0.0000 $0.0937 $0.0528 $2.6411 $2.6500 $2.4866 99,464.00$
LOT 4 Line 6 No bid
Item Undyed and Dyed Biodiesel Fuel
7 B-10 Diesel Fuel,+7,000 gallons 1 $0.0472 $0.0000 $0.0332 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6332 2.63$
8 B-20 Diesel Fuel,+7,000 gallons 1 $0.0472 $0.0000 $0.0332 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6332 2.63$
9 B-10 Dyed Diesel Fuel,+7,000 gall 1 $0.0472 $0.0000 $0.0376 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6376 2.64$
10 B-20 Dyed Diesel Fuel,+7,000 gall 1 $0.0472 $0.0000 $0.0376 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6376 2.64$
LOT 5 Lines 7-10 No bid Lines 7-10 No bid -$
Item Undyed and Dyed Biodiesel Fuel -$
11 B-10 Diesel Fuel,+7,000 gallons 1 $0.0472 $0.0000 $0.0332 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6332 2.63$
12 B-20 Diesel Fuel,+7,000 gallons 1 $0.0472 $0.0000 $0.0332 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6332 2.63$
13 B-10 Dyed Diesel Fuel,+7,000 gall 1 $0.0472 $0.0000 $0.0376 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6376 2.64$
14 B-20 Dyed Diesel Fuel,+7,000 gall 1 $0.0472 $0.0000 $0.0376 $0.0000 $0.0702 $0.0513 $2.6472 $2.6000 $2.6376 2.64$
Lines 11-14 No bid Lines 11-14 No bid
9,237,637.40$ 16,892.40$ 0.2%
6 E-85, +7,000 gallons $0.0411 $0.0500 -$0.1134 $0.0000 $0.0937 $0.0528 $2.6411 $2.6500 $2.4866 $0.0000
$95,079.6000 $95,400.0000 $89,517.6000 $0.0000
No Bid
ALL BIDS ARE MARKUP FROM OPIS AV
A - represents a discount from the OPIS
Hypothetical OPIS Average
ATTACHMENT 2
Page 260 of 392
DOOC
NUMBER PO DATE
EXTENDED
PRICE
000000212626 2017/07/28 64,903.97
000000212964 2017/08/04 98,624.98
000000212969 2017/08/04 64,021.02
000000213222 2017/08/11 48,560.18
000000213632 2017/08/18 114,127.02
000000213939 2017/08/25 102,550.52
000000214247 2017/09/01 76,834.89
000000214367 2017/09/19 .00
000000214486 2017/09/08 17,956.11
000000214629 2017/09/14 54,414.54
000000214696 2017/10/27 15,960.00
000000214892 2018/01/10 71,501.39
000000215101 2017/09/27 19,879.98
000000215485 2017/10/02 88,405.68
000000216267 2017/10/05 51,138.18
000000216684 2017/10/12 59,535.75
000000217062 2017/10/20 85,400.52
000000217458 2017/10/27 59,304.29
000000217761 2017/11/03 89,621.08
000000218191 2017/11/10 71,673.03
000000218579 2017/11/17 34,600.54
000000218854 2017/11/22 60,906.02
000000219146 2017/12/01 53,019.23
000000219476 2017/12/08 95,107.60
000000219822 2017/12/15 50,297.49
000000220080 2017/12/26 34,791.45
000000220251 2017/12/29 54,563.41
000000220517 2018/01/05 73,306.41
000000220843 2018/01/12 67,679.44
000000221113 2018/01/19 56,414.48
000000221493 2018/01/26 77,792.99
000000221665 2018/01/30 17,080.24
000000221840 2018/02/02 51,251.63
000000222195 2018/02/09 90,722.82
000000222525 2018/02/16 69,745.34
000000222942 2018/02/23 71,869.49
000000223239 2018/03/02 82,906.17
000000223629 2018/03/09 135,691.16
000000223975 2018/03/16 19,622.56
000000224302 2018/03/23 38,364.37
000000224650 2018/03/30 95,880.51
000000225018 2018/04/06 69,938.42
000000225307 2018/04/11 16,522.40
000000225434 2018/04/13 70,735.19
Delivery Order Usage Report by Master Agreement/Commodity Line
MA # y17-1070-mv
All DOOC's against this Master Agreement
ATTACHMENT 3 - USAGE REPORT
Page 261 of 392
000000225796 2018/04/20 52,653.13
000000226117 2018/04/27 112,213.48
000000226442 2018/05/04 101,400.66
000000226786 2018/05/10 67,733.67
000000227154 2018/05/18 82,898.01
000000227495 2018/05/25 70,266.15
000000227794 2018/06/01 82,314.52
000000228070 2018/06/08 61,542.44
000000228351 2018/06/14 111,100.26
000000228746 2018/06/22 96,400.02
000000229098 2018/06/29 39,619.58
000000229389 2018/07/06 69,679.82
000000229697 2018/07/13 79,374.71
000000230067 2018/07/20 122,723.81
000000230326 2018/07/27 39,282.56
000000230670 2018/08/03 80,222.81
000000231004 2018/08/10 69,778.07
000000231349 2018/08/17 117,461.96
000000231654 2018/09/06 .00
000000231950 2018/08/31 40,492.99
000000232148 2018/09/06 105,920.74
000000232217 2018/09/07 118,254.27
000000232730 2018/09/24 47,416.95
000000232781 2018/10/27 58,782.69
000000232892 2018/10/09 .00
000000234070 2018/10/08 95,476.37
000000234223 2018/10/10 129,558.06
000000234415 2018/10/12 73,080.63
000000234937 2018/10/22 58,850.81
000000235305 2018/10/26 74,768.69
000000235706 2018/11/02 81,020.46
000000236073 2018/11/09 85,930.40
000000236414 2018/11/16 32,793.03
000000236734 2018/11/26 97,161.47
000000237002 2018/11/30 29,848.80
000000237306 2018/12/07 79,943.94
000000237795 2018/12/14 62,258.91
000000238171 2018/12/21 30,242.37
000000238358 2018/12/28 28,630.73
000000238581 2019/01/04 58,972.73
000000239088 2019/01/14 91,938.63
000000239329 2019/01/18 40,702.91
000000239561 2019/01/25 46,833.35
000000239946 2019/02/01 62,271.79
000000240317 2019/02/08 81,751.80
000000240715 2019/02/15 80,421.00
000000241038 2019/02/22 17,193.93
000000241401 2019/03/01 70,740.23
000000241625 2019/03/25 8,595.83
000000241627 2019/03/06 17,435.87
000000242114 2019/03/15 18,952.88
000000242420 2019/03/22 11,548.46
Page 262 of 392
000000242427 2019/03/25 18,267.50
000000242456 2019/03/25 18,276.14
000000242457 2019/03/25 18,349.59
000000242458 2019/03/22 18,239.41
000000242460 2019/03/22 18,258.86
000000242467 2019/03/22 9,645.74
000000242470 2019/03/22 8,580.71
000000242754 2019/03/29 19,582.88
000000242890 2019/04/01 19,417.77
000000242916 2019/04/02 18,709.35
000000242917 2019/04/02 19,640.75
000000242918 2019/04/02 19,399.19
000000243095 2019/04/05 18,883.46
000000243260 2019/04/09 19,538.84
000000243261 2019/04/09 19,587.51
000000243262 2019/04/09 19,562.02
000000243263 2019/04/09 19,538.84
000000243264 2019/04/09 19,615.32
000000243419 2019/04/12 20,566.85
000000243519 2019/04/15 20,009.87
000000243520 2019/04/15 18,800.46
000000243764 2019/04/19 19,919.05
000000243958 2019/04/23 20,278.89
000000243959 2019/04/23 20,564.41
000000244066 2019/04/26 20,270.99
000000244220 2019/04/30 19,871.88
000000244221 2019/04/30 19,598.30
000000244222 2019/04/30 11,721.25
000000244223 2019/04/30 19,633.68
000000244408 2019/05/03 19,910.89
000000244534 2019/05/06 11,782.86
000000244535 2019/05/06 19,808.82
000000244813 2019/05/10 19,073.11
000000244957 2019/05/13 19,844.63
000000244958 2019/05/13 19,917.99
000000244959 2019/05/13 19,861.20
000000244960 2019/05/13 19,165.47
000000245162 2019/05/17 19,326.50
000000245529 2019/05/24 19,054.82
000000245604 2019/05/28 19,100.32
000000245605 2019/05/28 18,805.59
000000245606 2019/05/28 19,658.02
000000245765 2019/05/31 19,072.48
000000245911 2019/06/03 19,253.02
000000245912 2019/06/03 19,248.42
000000245915 2019/06/03 2,259.66
000000245917 2019/06/03 18,327.57
000000245918 2019/06/03 19,266.80
000000245919 2019/06/03 11,107.21
000000245920 2019/06/03 18,930.43
000000245921 2019/06/03 13,355.34
000000246216 2019/06/07 86,775.10
Page 263 of 392
000000246565 2019/06/14 16,934.81
000000246589 2019/06/14 18,378.77
000000246972 2019/06/21 96,770.97
000000246976 2019/06/21 9,946.67
000000246978 2019/06/21 16,961.07
000000246980 2019/06/21 16,938.85
000000247308 2019/06/28 29,606.60
000000247545 2019/07/05 165,761.86
000000248137 2019/07/19 54,611.05
000000248482 2019/07/26 120,527.10
000000248814 2019/08/02 46,441.01
000000249100 2019/08/09 59,742.96
000000249458 2019/08/16 99,813.46
000000249815 2019/08/23 126,067.36
000000250165 2019/08/30 29,753.41
000000250291 2019/09/06 50,380.20
000000250559 2019/09/13 79,987.74
000000250842 2019/09/20 80,741.05
000000251224 2019/10/01 52,702.52
000000252143 2019/10/04 68,350.03
000000252684 2019/10/25 63,933.12
000000253113 2019/10/18 83,148.54
000000253501 2019/10/25 84,926.17
000000253867 2019/11/01 44,787.37
000000254151 2019/11/08 51,872.16
000000254442 2019/11/15 113,360.31
000000254712 2019/11/22 17,579.35
000000254976 2019/12/02 72,105.46
000000255209 2019/12/20 84,989.89
000000255571 2020/01/02 .00
000000255836 2019/12/23 35,687.23
000000256068 2020/01/02 107,881.96
000000256083 2020/01/03 70,960.80
000000256364 2020/01/10 105,181.06
000000256720 2020/01/17 44,108.71
000000257032 2020/01/24 81,737.42
000000257349 2020/01/31 78,212.88
000000257710 2020/02/07 79,722.67
000000258025 2020/02/14 50,462.85
000000258468 2020/02/21 35,207.23
000000258772 2020/03/02 137,777.80
000000259094 2020/03/06 15,792.73
000000259440 2020/03/13 64,076.91
000000259733 2020/04/13 49,457.72
000000260075 2020/03/27 28,390.19
000000260389 2020/04/03 31,931.33
000000260654 2020/04/10 45,805.47
000000260899 2020/04/17 41,334.64
000000261156 2020/04/24 45,557.27
000000261379 2020/05/01 24,550.44
000000261502 2020/05/05 21,061.85
000000261933 2020/05/15 85,856.26
Page 264 of 392
000000262052 2020/05/19 9,785.39
000000262164 2020/05/22 9,230.98
000000262436 2020/05/29 59,093.60
000000262791 2020/06/05 50,467.10
000000263008 2020/06/11 37,112.49
000000263342 2020/06/19 63,858.62
000000263586 2020/06/25 66,962.44
000000263913 2020/07/02 27,018.74
000000264213 2020/07/10 68,892.81
000000264477 2020/07/17 48,422.66
000000264762 2020/08/27 70,524.63
000000265083 2020/07/31 47,255.68
000000265382 2020/08/07 13,388.55
000000265653 2020/08/14 90,226.88
000000265990 2020/08/21 35,544.78
000000266265 2020/08/28 44,864.21
000000266586 2020/09/04 55,711.39
000000266804 2020/09/25 38,861.78
000000267079 2020/09/18 65,959.38
000000267409 2020/12/11 13,822.51
000000267507 2020/10/01 41,916.20
000000267929 2020/10/02 28,214.23
000000268675 2020/10/09 57,446.73
000000269106 2020/10/16 70,891.36
000000269490 2020/10/23 27,124.37
000000269766 2020/10/30 57,898.03
000000270166 2020/11/06 79,882.39
000000270536 2020/11/30 26,852.07
000000270835 2020/11/19 13,780.18
000000271144 2020/11/25 63,781.95
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000000259734 2020/03/20 8,389.75
000000259836 2020/03/23 8,701.56
000000260027 2020/04/13 .00
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000000260076 2020/03/27 20,467.17
000000260371 2020/04/02 9,856.44
000000260390 2020/04/27 19,957.80
000000260464 2020/04/06 9,003.34
000000260655 2020/04/10 8,653.43
000000260666 2020/04/10 8,335.08
000000260900 2020/04/17 20,978.93
000000260903 2020/04/17 7,831.42
000000261087 2020/04/22 7,728.38
000000261157 2020/04/24 24,169.74
000000261224 2020/04/27 5,995.80
000000261380 2020/05/11 8,747.17
000000261398 2020/05/01 5,774.76
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000000261788 2020/05/12 6,326.28
000000261934 2020/05/15 13,595.93
000000261953 2020/05/15 6,586.20
000000262114 2020/05/20 6,494.73
Page 275 of 392
000000262165 2020/05/22 9,652.66
000000262246 2020/05/26 8,238.02
000000262437 2020/05/29 32,459.08
000000262477 2020/05/29 8,279.82
000000262753 2020/06/04 8,279.82
000000262792 2020/06/05 8,411.27
000000262985 2020/06/10 8,594.46
000000263009 2020/06/11 11,265.80
000000263134 2020/06/12 9,085.32
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000000263551 2020/06/24 9,772.46
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000000263756 2020/06/29 9,478.88
000000263957 2020/07/02 9,605.26
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000000264207 2020/07/09 9,285.03
000000264214 2020/07/10 29,988.87
000000264464 2020/07/16 10,134.98
000000264478 2020/07/17 34,386.09
000000264515 2020/07/17 9,997.13
000000264750 2020/08/12 .00
000000264750 2020/08/12 9,885.16
000000264763 2020/07/24 50,413.43
000000264961 2020/07/29 10,461.78
000000265084 2020/07/31 14,794.21
000000265112 2020/07/31 9,625.12
000000265293 2020/08/05 9,760.68
000000265383 2020/08/07 20,222.08
000000265453 2020/08/10 9,617.31
000000265635 2020/08/13 9,617.31
000000265654 2020/08/14 22,498.98
000000265953 2020/08/20 10,318.14
000000265991 2020/08/21 14,681.80
000000266057 2020/08/24 9,686.52
000000266094 2020/08/25 9,686.52
000000266266 2020/08/28 30,273.79
000000266281 2020/10/05 9,751.72
000000266548 2020/09/03 10,546.90
000000266673 2020/10/01 9,829.52
000000266805 2020/09/11 19,246.80
000000266836 2020/10/01 9,259.17
000000267067 2020/09/17 9,496.58
000000267080 2020/09/18 20,368.73
000000267211 2020/09/22 8,848.38
000000267314 2020/11/09 9,023.14
000000267345 2020/09/25 9,377.26
000000267508 2020/10/01 9,169.97
000000267792 2020/10/01 9,377.26
000000267932 2020/10/02 45,865.46
000000268493 2020/10/07 9,604.13
000000268676 2020/10/09 9,748.48
Page 276 of 392
000000268769 2020/10/09 9,900.90
000000269068 2020/10/15 9,379.80
000000269107 2020/10/16 9,881.44
000000269460 2020/10/22 10,011.86
000000269491 2020/10/23 27,585.85
000000269577 2020/12/02 .00
000000269767 2020/10/30 13,554.45
000000269855 2020/10/30 11,791.88
000000270025 2020/11/03 9,433.50
000000270141 2020/11/05 8,937.00
000000270167 2020/11/06 9,814.28
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000000270498 2021/01/08 10,974.00
000000270537 2020/11/13 30,642.15
000000270635 2020/11/16 9,739.43
000000270836 2020/11/19 20,083.87
000000270840 2020/11/19 10,288.13
000000271126 2020/11/24 10,570.46
000000271146 2020/11/25 17,103.14
000000271163 2020/11/25 9,875.04
000000271357 2020/12/02 10,578.65
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000000271641 2020/12/09 11,294.74
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000000271860 2020/12/14 11,593.42
000000272095 2020/12/18 11,148.55
000000272145 2020/12/18 11,307.82
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000000272379 2021/01/25 11,383.39
000000272471 2020/12/30 11,393.02
000000272663 2021/01/06 11,724.12
000000272755 2021/01/08 41,205.24
000000272893 2021/01/12 11,844.36
000000273092 2021/01/15 36,768.60
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000000273149 2021/02/08 12,863.38
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000000273788 2021/01/29 18,034.85
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000000275479 2021/03/05 15,211.78
Page 277 of 392
000000275690 2021/03/10 14,411.16
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000000277208 2021/04/12 14,452.13
000000277452 2021/04/16 15,233.82
000000277715 2021/04/22 15,233.82
000000277769 2021/04/23 78,754.77
000000277903 2021/04/27 15,003.54
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000000278068 2021/04/30 15,663.22
000000278253 2021/05/05 14,632.75
000000278325 2021/05/07 61,055.74
000000278494 2021/05/11 16,081.22
000000278776 2021/05/20 .00
000000278826 2021/05/18 15,573.50
000000279018 2021/06/02 31,222.51
000000279051 2021/05/21 15,150.34
000000279246 2021/05/26 16,217.26
000000279362 2021/05/27 8,569.90
000000279472 2021/06/01 16,468.06
000000279564 2021/06/03 15,601.32
000000279602 2021/06/03 30,950.88
000000279783 2021/06/08 16,948.38
000000280034 2021/06/14 17,077.58
000000280255 2021/06/17 17,077.58
000000280282 2021/06/18 65,955.50
000000280428 2021/07/19 .00
000000280428 2021/07/19 16,435.03
000000280609 2021/06/25 40,522.69
000000280622 2021/06/25 17,227.30
000000280942 2021/07/19 16,955.29
000000280964 2021/07/01 16,584.79
000000281078 2021/07/06 16,991.70
000000281244 2021/07/09 51,193.75
000000281268 2021/07/09 16,699.10
000000281467 2021/07/14 16,699.10
000000281556 2021/07/16 33,424.78
000000281593 2021/07/16 15,960.45
000000281788 2021/07/21 17,084.42
000000281891 2021/07/23 32,282.20
000000281985 2021/07/26 16,568.38
000000282145 2021/07/30 16,948.96
000000282170 2021/07/30 17,131.54
Page 278 of 392
000000282350 2021/09/09 16,734.81
000000282421 2021/08/05 64,216.88
000000282523 2021/08/09 16,441.46
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000000282776 2021/09/03 16,310.35
000000282906 2021/10/22 16,492.88
000000283057 2021/08/20 43,969.74
000000283082 2021/10/22 16,075.14
000000283340 2021/08/26 16,075.14
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000000283359 2021/09/13 16,936.71
000000283512 2021/10/22 15,753.13
000000283728 2021/10/22 17,261.50
000000283857 2021/09/08 17,261.50
000000283942 2021/09/10 78,953.20
000000284135 2021/09/14 17,217.42
000000284236 2021/09/17 17,237.82
000000284315 2021/10/22 17,672.66
000000284436 2021/10/22 17,672.66
000000284619 2021/10/22 17,677.98
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000000286288 2021/10/15 19,946.58
000000286514 2021/10/20 19,946.58
000000286773 2021/10/26 20,483.90
000000286993 2021/10/29 19,872.10
000000287186 2021/11/03 18,564.73
000000287380 2021/11/08 19,425.98
000000287592 2021/11/12 19,549.10
000000287744 2021/12/14 19,549.10
000000287926 2021/11/22 18,565.81
000000288006 2021/11/23 18,924.38
000000288066 2021/12/10 19,047.40
000000288296 2021/12/27 15,561.17
000000288329 2021/12/03 32,079.20
000000288507 2021/12/08 7,498.34
000000288543 2021/12/09 16,911.90
000000288645 2021/12/10 45,258.48
000000288751 2021/12/14 18,210.74
000000288896 2021/12/17 35,173.13
000000288923 2021/12/17 17,893.82
000000289129 2021/12/22 17,893.82
000000289240 2022/01/20 18,755.13
000000289446 2022/02/01 18,672.61
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000000289643 2022/01/07 40,417.63
000000289729 2022/01/10 19,563.54
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000000290174 2022/03/04 21,307.74
000000290192 2022/01/21 56,187.95
Page 279 of 392
000000290428 2022/01/27 21,307.74
000000290493 2022/01/28 17,018.64
000000290647 2022/02/01 21,542.58
000000290803 2022/02/04 22,124.74
000000290844 2022/02/07 42,159.27
000000291037 2022/02/10 20,669.17
000000291068 2022/02/10 44,572.38
000000291329 2022/02/17 22,624.06
000000291400 2022/02/18 22,355.11
000000291561 2022/02/22 22,722.86
000000291730 2022/02/25 55,863.25
000000291751 2022/02/25 23,099.06
000000292011 2022/04/08 28,179.53
000000292150 2022/03/07 65,805.15
000000292209 2022/03/07 28,727.62
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000000292487 2022/03/14 29,610.74
000000292658 2022/03/23 29,158.79
000000292668 2022/03/17 36,161.83
000000292730 2022/04/04 26,593.47
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000000292983 2022/04/14 33,254.48
000000293200 2022/03/30 33,381.86
000000293289 2022/04/01 29,511.08
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Page 280 of 392
000000296427 2022/06/24 81,559.94
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000000299043 2022/08/30 31,261.88
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000000299307 2022/10/18 28,498.21
000000299386 2022/09/09 82,638.56
000000299571 2022/09/14 28,300.88
000000299605 2022/09/15 64,632.61
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000000299798 2022/09/21 25,239.44
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15,622,430.75
000000221986 2018/02/06 4,698.04
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Page 281 of 392
000000250339 2020/09/10 .00
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29,029.12
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000000301096 2022/10/10 .00
.00
33,254,972.21
33,254,972.21
33,254,972.21
Page 282 of 392
Orange County Board of County Commissioners
Fleet Management Division
Automated Fuel Sites Information -- CAPACITY/USAGE
Location Site #Address Hours Product/Fuel
Type
Tank
Type UNL DSL E85 FY2022 Usage
Highway--West Orange (Dist #3)79 644 Beulah Road, Winter Garden, 32787 RESTRICTED--700am-330pm UNL & DSL UST 15,000 15,000 58,778 3.5%
Highway/Public Works 80 4200 S. John Young Pkwy. Orlando 32839 700am-330pm DSL UST 15,000 109,724 6.5%
Apopka 81 1111 N. Rock Springs Road, Apopka, 32703 RESTRICTED -- 24 hr UNL UST 15,000 104,872 6.2%
East Orange 82 12050 E. Colonial Dr., Orlando, 32826 24 hr UNL UST 22,750 1.3%
Fleet Mgmt.83 4400 S. Vineland Road, Orlando, 32811 24 hr UNL & DSL UST 45,000 30,000 462,383 27.4%
Highway--3 Points (Dist #4)84 4651 Young Pine Rd, Orlando, 32829 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 141,432 8.4%
Ocoee 85 475 W. Story Road, Ocoee, 34761 RESTRICTED -- 24 hr UNL UST 15,000 131,668 7.8%
Highway--Claracona (Dist #2)86 3258 Claracona Road, Orlando, 32703 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 43,943 2.6%
Utilities -- EWRF (Easterly)87 1621 S. Alafaya Trail, Orlando, 32817 GUARD--700am-330pm UNL & DSL UST 9,000 73,301 4.3%
Fleet Mgmt.88 4400 S. Vineland Road, Orlando, 32811 24 hr E85-Ethanol AST 12,000 0 0.0%
89 8100 Presidents Dr, Orlando 32809 GUARDED UNL & DSL UST 15,000 20,000 265,612 15.7%
Highway--Forsyth (Dist #5)90 2531 Forsyth Road, Orlando, 32792 RESTRICTED--700am-330pm UNL & DSL UST 15,000 11,600 117,009 6.9%
Highway--Bithlo 91 18753 Old Cheney Hwy, Orlando (Bithlo) 32820 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 46,780 2.8%
Highway--Zellwood 92 3500 Golden Gem Rd., Zellwood 32703 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 48,439 2.9%
Highway--Taft 96 11442 Intermodel Way, Orlando (Taft), 32824 RESTRICTED - 700am-330pm UNL & DSL UST 15,000 15,000 62,857 3.7%
TOTAL 171,000 175,600 12,000 1,689,547
164700 158040
Total Fuel Capacity (Gals)358,600
Usable/Ullage Capacity (Gals)322,740
Capacity (Gallons)
ATTACHMENT 4
Page 283 of 392
Y23-105; Addendum #3 Page 1 of 1
October 28, 2022
October 28, 2022
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
INVITATION FOR BID (IFB) Y23-105; ADDENDUM #3
MOTOR FUEL TRANSPORT DELIVERIES
This Addendum is hereby incorporated into the bid documents of the project referenced
above. The following items are clarifications, corrections, additions, deletions, and/or
revisions to and shall take precedence over the original documents. Additions are
indicated by underlining and deletions via strikethrough.
A. The Bid Submission Due Date is hereby changed from Tuesday, November
1, 2022 to Tuesday, November 15, 2022 at 4:00PM.
B. A forthcoming addendum will be issued to answer all questions submitted.
C. ACKNOWLEDGEMENT OF ADDENDA
a. The bidder shall acknowledge receipt of this addendum by completing that
applicable section in the solicitation or by completion of the
acknowledgement information on the addendum. Either form of
acknowledgement must be completed and returned no later than the date
and time for receipt of the bid.
b. All other terms and conditions of the IFB remain the same.
c. Receipt acknowledge by:
_____________________________ __________________
Authorized Signature Date
_____________________________
Title
_____________________________
Name of Firm
Page 284 of 392
Y23-105; Addendum #2 Page 1 of 1
October 14, 2022
October 14, 2022
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
INVITATION FOR BID (IFB) Y23-105; ADDENDUM #2
MOTOR FUEL TRANSPORT DELIVERIES
This Addendum is hereby incorporated into the bid documents of the project referenced
above. The following items are clarifications, corrections, additions, deletions, and/or
revisions to and shall take precedence over the original documents. Additions are
indicated by underlining and deletions via strikethrough.
A. The Bid Submission Due Date is hereby changed from Tuesday, October
20, 2022 to Tuesday, November 1, 2022 at 4:00PM.
B. A forthcoming addendum will be issued to answer all questions submitted.
C. ACKNOWLEDGEMENT OF ADDENDA
a. The bidder shall acknowledge receipt of this addendum by completing that
applicable section in the solicitation or by completion of the
acknowledgement information on the addendum. Either form of
acknowledgement must be completed and returned no later than the date
and time for receipt of the bid.
b. All other terms and conditions of the IFB remain the same.
c. Receipt acknowledge by:
_____________________________ __________________
Authorized Signature Date
_____________________________
Title
_____________________________
Name of Firm
Page 285 of 392
Page 1
Issue Date: September 19, 2022
ORANGE COUNTY FLORIDA
PROCUREMENT DIVISION
NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County
is accepting sealed bids for:
INVITATION FOR BIDS #Y23-105-MV, MOTOR FUEL TRANSPORT DELIVERIES
TERM CONTRACT
Copies of the Invitation for Bids (IFB) documents may be obtained from Orange County by
download at: https://secure.procurenow.com/portal/orangecountyfl
BID SUBMISSION DUE DATE:
Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time),
Thursday, October 20, 2022, via the electronic procurement portal referenced above.
To maintain a secured sealed process electronic submissions are required to be made through the
OpenGov Procurement portal only at: https://secure.procurenow.com/portal/orangecountyfl.
Firms shall not be permitted to hand-deliver, mail, telephone, fax or email offers. Responses
received after the submission deadline and/or transmitted outside of the designated OpenGov
Procurement portal shall be rejected.
NOTICE TO BIDDERS:
To ensure that your bid is responsive, you are urged to request clarification or guidance on any
issues involving this solicitation before submission of your response. Your point-of-contact for
this solicitation is Melisa Vergara, Contracting Agent at Melisa.Vergara@ocfl.net.
QUESTIONS:
All questions or concerns regarding this Invitation for Bids shall be submitted by email to
Melisa.Vergara@ocfl.net, no later than 5:00 PM Thursday, September 29, 2022 to the attention
of Melisa Vergara, Procurement Division, referencing the IFB number.
Page 286 of 392
Page 2
TABLE OF CONTENTS
DESCRIPTION PAGE
SECTION 1: GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS 3-19
SECTION 2: SPECIAL TERMS AND CONDITIONS
SPECIAL TERMS AND CONDITIONS 20-31
SECTION 3: SPECIFICATIONS
SPECIFICATIONS 32-33
SECTION 4: BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
- QUALIFICATION OF BIDDERS (BID PACKAGE REQUIREMENTS)
- BID RESPONSE FORM
- EMERGENCY CONTACTS
- ACKNOWLEDGEMENT OF ADDENDA
- AUTHORIZED SIGNATORIES/NEGOTIATORS
- REFERENCE DOCUMENTATION FORM
- 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
- LEASED EMPLOYEE AFFIDAVIT
- INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
- CONTRACT
Page 287 of 392
Page 3
SECTION 1
GENERAL TERMS AND CONDITIONS
Page 288 of 392
Page 4
GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
These specifications constitute the complete set of requirements and bid forms. The bid
response page(s), and all forms listed on the bid response page(s) shall be completed,
signed, and submitted via the electronic submittal portal. Failure to comply with the
preceding requirements shall result in the rejection of the bid.
Bids submitted by mail, hand-delivery, e-mail, telephone or fax shall not be accepted.
Bids submitted outside of the designated electronic submission portal shall be rejected
as non-responsive regardless of where received.
Bids shall be submitted via the electronic submission portal at:
https://secure.procurenow.com/portal/orangecountyfl.
The County shall not be responsible for delays caused by any occurrence. The
time/date stamp clock located in the electronic submittal portal 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. The decision to refuse to consider a bid that was received beyond the
date/time established in the solicitation shall not be the basis for a protest pursuant
to the Orange County Code (Procurement Ordinance).
Bidders shall not be allowed to modify their bids after the opening time and date. Bid files
may be examined during normal working hours, thirty (30) days after bid opening or upon
recommendation for award, whichever occurs first. Bidders desiring to view these
documents are urged to schedule an appointment.
For information concerning this bid, please contact the Procurement Division at the address
listed above or by calling 407-836-5635. Please specify the bid number for which you are
inquiring.
2. QUESTIONS REGARDING THIS SOLICITATION
All questions or concerns regarding this Invitation for Bids shall be submitted by email to
the Procurement Division representative specified on the cover page of this Invitation for
Bids. Consideration for modification or alteration of the documents contained in this
solicitation shall be requested during the specified question specified on the cover page of
this Invitation for Bids.
When required the Procurement Division shall issue an addendum to the Invitation for
Bids. The addendum shall be available on the aforementioned electronic portal for access
by potential Bidders.
Bidders are instructed not to contact the initiating division directly. No oral interpretation
of this Invitation for Bids shall be considered binding. The County shall be bound by
information and statements only when such statements are written and executed under the
authority of the Manager, Procurement Division.
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This provision exists solely for the convenience and administrative efficiency of Orange
County. No Bidder or other third party gains any rights by virtue of this provision or the
application thereof, nor shall any Bidder or third party have any standing to sue or cause
of action arising there from.
3. PRICE/DELIVERY
Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any bids
containing modifying or “escalator” clauses will not be considered unless specifically
requested in the bid specifications.
“Acceptance” as herein used means the acceptance by Orange County after the Manager,
Procurement Division or authorized agent has, by inspection or test of such items,
determined that they fully comply with specifications.
Deliveries resulting from this bid are to be performed during the normal working
hours of the County. Time is of the essence and the Contractor’s delivery date must be
specified and adhered to. Should the Contractor, to whom the order or contract is awarded,
fail to deliver on or before the stated date, the County reserves the right to CANCEL the
order or contract and make the purchase elsewhere, and the Contractor shall be required to
compensate the County for the difference in price paid for the alternate goods. The
Contractor shall be responsible for making any and all claims against carriers for missing
or damage goods. Partial shipments will be acceptable unless otherwise stated.
4. FEDERAL AND STATE TAX
The County is exempt from Federal and State Sales and Use Taxes for tangible personal
property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue
Code and Florida Sales/Use Tax Exemption Certificate). The Manager, Procurement
Division will sign an exemption certificate submitted by the Contractor.
Contractors doing business with the County shall not be exempted from paying sales tax
to their suppliers for materials to fulfill contractual obligations with the County, nor shall
any Contractor be authorized to use the County’s Tax Exemption Number in securing such
materials.
5. ACCEPTANCE/REJECTION/CANCELLATION
The County reserves the right to accept or to reject any or all bids and to make the award
to that bidder who, in the opinion of the County, will be in the best interest of and/or the
most advantageous to the County. The County also reserves the right to reject the bid of
any bidder who has previously failed in the proper performance of an award or to deliver
on time contracts of a similar nature or who, in the County’s opinion, is not in a position
to perform properly under this award. The County reserves the right to inspect all facilities
of bidders in order to make a determination as to the foregoing. The County reserves the
right to waive any irregularities and technicalities and may, at its discretion, request a re-
bid. Award will be made to the lowest responsive and responsible bidder as determined by
the County.
The County reserves the right, and the Manager, Procurement Division has absolute and
sole discretion, to cancel a solicitation at any time prior to approval of the award by the
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Board of County Commissioners when such approval is required. The decision to cancel
a solicitation cannot be the basis for a protest pursuant to the Orange County Code.
6. BRAND NAME OR EQUALS/DEVIATIONS
Unless otherwise specified, the mention of a particular manufacturer’s brand name or
number in the specifications does not imply that this particular good is the only one that
will be considered for purchase. This reference is intended solely to designate the type or
quality of good that will be acceptable. Equal offers will be considered and must include
descriptive literature and/or specifications. Failure to provide descriptive literature and/or
specifications with equal offers will result in the disqualification of the bid.
The determination as to whether any alternate good or service is or is not equal shall be
made solely by the County and such determination shall be final and binding upon all
bidders. The County reserves the right to request and review additional information to
make such a determination.
Although the County provides for the consideration of alternate bids, it reserves the right
to make an award in the best interest of the County. Award may not necessarily be given
to the lowest bid offered.
The Bidder shall be responsible for reading very carefully, and understanding completely,
the requirements and the specifications of the items bid upon. Unless the bid is in response
to a “Brand Name or Equal” requirement, deviations from the specifications will only be
considered if requested in writing prior to the date and time specified for receipt of bids.
Deviations, if accepted, will be specifically addressed in writing via an addendum to this
Invitation for Bids. Any goods or services that are not in compliance with the specifications
will not be accepted.
7. NO BID
Where more than one item is listed, any items not bid upon shall be indicated as “NO BID”.
8. CONFLICT OF INTEREST
The award is subject to provisions of applicable State Statutes and County Ordinances. All
bidders must disclose with their bid the name of any officer, director, or agent who is also
an employee of Orange County. Further, all bidders must disclose the name of any County
employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the
Bidder’s firm or any of its branches. Should the Contractor permanently or temporarily
hire any County employee who is, or has been, directly involved with the Contractor prior
to or during performance of the resulting contract, the contract shall be subject to
immediate termination by the County.
9. LEGAL REQUIREMENTS
All applicable Federal and State laws and County ordinances that in any manner affect the
items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause
for relief from responsibility.
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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. Businesses wishing to participate in the County procurement process as an Orange
County Certified M/WBE firm are required to complete a certification application
to attain recognition as such. You may contact the Procurement Division or the
Business Development Division for information and assistance.
10. 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 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 will be equal to the preference granted by the county in
which the lowest responsive and responsible bidder has its principal place of business except
as provided below.
Effective July 1, 2015 the reciprocal local preference will not apply to construction
services in which 50 percent or more of the cost will be paid from state-appropriated
funds which have been appropriated at the time of the competitive solicitation.
If the solicitation involves a federally funded project where the funding source
requirements prohibit the use of state and/or local preferences, the reciprocal local
preference will not be applied.
11. GOVERNING LAW AND VENUE
Any and all legal actions associated with this contract will be governed by the laws of the
State of Florida. Venue for any litigation involving this contract shall be in the Ninth Circuit
Court in and for Orange County, Florida. Should any federal claims arise for which the
courts of the State of Florida lack jurisdiction, venue for those actions will be in the Orlando
Division of the U.S. Middle District of Florida.
12. JURY WAIVER
Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable
law, any right it may have to a trial by jury in any legal proceeding directly or indirectly
arising out of or relating to this agreement.
13. ATTORNEYS’ FEES AND COSTS
The Parties shall each bear their own costs, expert fees, attorneys’ fees, and other fees
incurred in connection with this Agreement and any litigation that arises either directly, or
indirectly.
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14. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis
for contractual obligations between the Contractor and the County for any terms and
conditions not specifically stated in this Invitation for Bids.
15. 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.
16. 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 Orange County, Florida,
or other specified funding source for this procurement.
17. NON-DISCRIMINATION
The County’s policies of equal opportunity and non-discrimination are intended to assure
equal opportunities to every person, regardless of race, religion, sex, 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 and enforced by Section 17-314 of the Orange County
Code and the County’s relevant Administrative Regulations. It is also the county policy
that person(s) doing business with the County shall recognize and comply with this policy
and that the County shall not extend public funds or resources in a manner as would
encourage, perpetuate or foster discrimination. As such:
1. The Contractor shall adopt and maintain, or provide evidence to the County that Contractor
has adopted and maintains, a policy of nondiscrimination as defined by Section 17-288,
Orange County Code, throughout the term of this Agreement.
2. The Contractor agrees that, on written request, the Association shall permit reasonable
access to all business records or employment, employment advertisement, applications
forms, and other pertinent data and records, by the County, for the purpose of investigating
to ascertain compliance with the non-discrimination provisions of this contract; provided,
that the Contractor shall not be required to produce for inspection records covering periods
of time more than one year prior to the date of this Agreement.
3. The Contractor agrees that, if any obligations of this contract are to be performed by
subcontractor(s), the provisions of subparagraphs 1 and 2 of this Section shall be
incorporated into and become a part of the subcontract.
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18. BID TABULATION AND RESULTS
Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public
opening of responses will be conducted at the next posted Procurement Public Meeting
following the submission deadline. In the event of a County Holiday or unforeseen delay,
responses shall remain sealed until the next public meeting.
Firms will be able to attend the public opening virtually, see the following instructions:
Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b
Meeting number: 286 177 361 Password: Go2Meeting
Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361
Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361
Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361
The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801
Bid tabulations shall be available thirty (30) days after opening on the Orange County
website at: http://apps.ocfl.net/orangebids/bidresults/results.asp or upon notice of
intended action, whichever is sooner.
19. BID FORMS
All bids shall be submitted on the County’s standard Bid Response Form. Modification of
the Bid Response Form herein or submission of Bids on Bidder’s quotation forms shall not
be accepted and shall be deemed non-responsive.
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 contacting them. More
than one person can be listed but all shall have knowledge of the project. The reference
shall be the owner or a representative of the owner. Contractors who provided services
under the referenced project (contract) shall not be accepted as references. DO NOT list
principals or officers who shall not be able to answer specific questions regarding the
project. Failure of references listed to respond to the County’s inquiries may negatively
impact the responsibility of the Bidder.
21. POSTING OF RECOMMENDED AWARD AND PROTESTS
The recommended award will be posted for review by interested parties at the Procurement
Division and at:
http://apps.ocfl.net/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/LobbingAtOrangeCounty.
aspx
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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 County may void any contract where the County Mayor, one or more County
Commissioners, or a County staff person has been lobbied in violation of the black-out
period restrictions of Ordinance No. 2002-15.
• Orange County Protest Procedures
http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.as
px
Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth
full business day after posting, shall constitute a waiver of bid protest proceedings.
22. 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.
23. 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.
24. 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/vendor_infor
mation/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_ve
ndor_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.
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25. DRUG-FREE WORKPLACE FORM
The Drug-Free Workplace Form is attached and shall be completed and submitted with
your bid.
26. 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”.
27. CONFLICT OF INTEREST FORM
Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their
bid.
28. 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 contracting agent identified in the applicable
solicitation.
B. Relationship Disclosure Form – The purpose of this form is to document any
relationships between a bidder to an Orange County solicitation and the Mayor or
any other member of Orange County, Florida. This form shall be completed and
submitted with the applicable bid to an Orange County solicitation.
No contract award shall be made unless these forms have been completed and
submitted with the bid. Any questions concerning these forms shall be addressed to the
contracting agent identified in this solicitation. Also, a listing of the most frequently asked
questions concerning these forms is attached to each for your information.
29. SUBMISSION OF BID
Bids shall be submitted via the electronic submission portal at:
https://secure.procurenow.com/portal/orangecountyfl, prior to the submission
deadline. Bids will be opened per the public meeting notice.
30. 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.
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31. PROPRIETARY/RESTRICTIVE SPECIFICATIONS
If a prospective bidder considers the specification contained herein to be proprietary or
restrictive in nature, thus potentially resulting in reduced competition, they are urged to
contact the Procurement Division prior to bid opening. Specifications which are unrelated
to performance will be considered for deletion via addendum to this Invitation for Bids.
32. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/
REQUIREMENTS/ STATEMENTS OF WORK
Firms and/or individuals that assisted in the development or drafting of the specifications,
requirements, statements of work, or solicitation documents contained herein are excluded
from competing for this solicitation.
This shall not be applicable to firms and/or individuals providing responses to a publicly
posted Request for Information (RFI) associated with a solicitation.
33. 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.
34. 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.
35. 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
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may be liable; excepting those acts or omissions arising out of the sole negligence of the
County.
36. CLARIFICATIONS
It is the Bidder’s responsibility to become familiar with and fully informed regarding the
terms, conditions and specifications of this Invitation for Bids. Lack of understanding
and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for
withdrawal of your bid after opening or for subsequent protest of award. Bidder’s must
contact the Procurement Division, at the phone number on the bid cover sheet prior to bid
opening, should clarification be required.
Modification or alteration of the documents contained in the solicitation or contract shall
only be valid if mutually agreed to in writing by the Bidder and the County.
37. 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.
38. 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.
39. NO REPRESENTATIONS
Each party represents that they have had the opportunity to consult with an attorney, and
have carefully read and understand the scope and effect of the provisions of this
Agreement. Neither party has relied upon any representations or statements made by the
other party hereto which are not specifically set forth in this Agreement.
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40. SEVERABILITY
The provisions of this Agreement are declared by the parties to be severable. However, the
material provisions of this Agreement are dependent upon one another, and such
interdependencies a material inducement for the parties to enter into this Agreement.
Therefore, should any material term, provision, covenant or condition of this Agreement
be held invalid or unenforceable by a court of competent jurisdiction, the party protected
or benefited by such term, provision, covenant, or condition may demand that the parties
negotiate such reasonable alternate contract language or provisions as may be necessary
either to restore the protected or benefited party to its previous position or otherwise
mitigate the loss of protection or benefit resulting from holding.
41. PRICING/AUDIT
The Contractor shall establish and maintain a reasonable accounting system, which enables
ready identification of Contractor’s cost of goods and use of funds. Such accounting
system shall also include adequate records and documents to justify all prices for all items
invoiced as well as all charges, expenses and costs incurred in providing the goods for at
least five (5) years after completion of this contract. The County or its designee shall have
access to such books, records, subcontract(s), financial operations, and documents of the
Contractor or its subcontractors, as required to comply with this section for the purpose of
inspection or audit anytime during normal business hours at the Contractor's place of
business. This right to audit shall include the Contractor’s subcontractors used to procure
goods under the contract with the County. Contractor shall ensure the County has these
same rights with subcontractors and suppliers.
42. EMPLOYEES OF THE CONTRACTOR
All work under this contract shall be performed in a professional and skillful manner. The
County may require, in writing, that the Contractor, remove from this contract any
employee the County deems incompetent, careless, or otherwise objectionable.
43. TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall be tobacco
free. This policy shall apply to parking lots, parks, break areas and worksites. It is also
applicable to Contractors and their personnel during contract performance on County
owned property. Tobacco is defined as tobacco products including, but not limited to,
cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this
policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or
contract enforcement remedies.
44. SINGLE-USE PRODUCTS
The Board of County Commissioners has established a single-use products and plastic bags
policy intended to reduce the use of products which have become globally recognized as
having lasting negative impacts on the environment.
Neither single-use products nor plastic bags may be sold or disbursed on County property
by staff or contracted vendors, except as set forth in Orange County Administrative
Regulation 9.01.03. Failure to comply with the Regulation may result in termination of the
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contract or other contractual remedies, and may affect future contracting with the County.
The use of reusable, recyclable, biodegradable, or compostable materials is encouraged.
45. CONTRACT CLAIMS
“Claim” as used in this provision means a written demand or written assertion by one of
the contracting parties seeking as a matter of right, the payment of a certain sum of money,
the adjustment or interpretation of contract terms, or other relief arising under or relating
to this contract.
Claims made by a Contractor against the County, relating to a particular contract shall be
submitted to the Manager, Procurement Division in writing clearly labeled “Contract
Claim” requesting a final decision. The Contractor also shall provide with the claim a
certification as follows: “I certify that the claim is made in good faith; that the supporting
data are accurate and complete to the best of my knowledge and belief; that the amount
requested accurately reflects the contract adjustment for which the Contractor believes the
County is liable; and that I am duly authorized to certify the claim on behalf of the
Contractor.”
Failure to document a claim in this manner shall render the claim null and void. No
claim shall be accepted after final payment of the contract.
The decision of the Manager, Procurement Division shall be issued in writing and furnished
to the Contractor. The decision shall state the reasons for the decision reached. The
Manager, Procurement Division shall render the final decision within sixty (60) days after
receipt of Contractor’s written request for a final decision. The Manager, Procurement
Division decision shall be final and conclusive.
The Contractor shall proceed diligently with performance of this contract pending final
resolution of any request for relief, claim, appeal or action arising under the contract and
shall comply with any final decision rendered by the Manager, Procurement Division.
46. VERIFICATION OF EMPLOYMENT STATUS
The Contractor is required to be registered with the U.S. Department of Homeland
Security’s E-Verify system prior to entering into a contract with Orange County. The
Contractor shall use the E-Verify system to verify the employment eligibility of all new
employees hired by the Contractor during the contract term. The Contractor shall include
an express provision in all of its subcontracts requiring subcontractors, who perform work
or provide services pursuant to the contract, to use the E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
term. For more information on this process, please refer to United States Citizenship and
Immigration Service site at:
http://www.uscis.gov/portal/site/uscis.
Only those employees determined eligible to work within the United States shall be
employed under this contract.
By submission of a bid in response to this solicitation, the Contractor affirms that all
employees in the above categories shall undergo e-verification before placement on this
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contract. The Contractor shall commit to comply with this requirement by completing the
E-Verification certification, attached to this solicitation.
A public employer, contractor, or subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09(1), Florida
Statutes is obligated to terminate the contract with the person or entity pursuant to Section
448.095(2)(c)1, Florida Statutes. If Orange County terminates the contract for the
foregoing reason, the contractor may not be awarded a public contract for at least one (1)
year after the date on which the contract was terminated, and the contractor will be liable
for any additional costs incurred by Orange County as a result of the termination of the
contract.
47. CONFIDENTIAL INFORMATION
In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except
as may be provided by other applicable State or Federal Law, all bidders/proposers should
be aware that formal solicitations and the responses thereto are in the public domain.
Requests for confidential treatment will not supersede the County’s legal obligation to
provide records to the public consistent with public records law. Bidders/proposers must
cite specific, applicable legal grounds to support a request for confidential treatment, of
any portion of a bid/proposal. Requests by bidders/proposers to keep entire bids/proposals
confidential are generally not supported by public records laws. At a minimum, the County
will disclose the successful bidder’s/proposer’s name, the substance of the bid/proposal,
and the price.
If the bidder/proposer requests confidential treatment, bidder/proposer must submit an
additional copy of the bid/proposal with the proposed confidential information redacted.
This copy must include a general description of the information redacted, and shall only be
redacted in the least expansive manner necessary to effectuate the requested exemption(s).
In a separate attachment, bidder/proposer shall supply a listing of the provisions identified
by section number for which it seeks confidential treatment and identify the statutory basis
under Florida law, including a detailed justification for exempting the information from
public disclosure.
Bidder/proposer shall hold harmless and indemnify the County for all claims, actions, suits,
judgments, fines, costs or damages the County may incur as a result of bidder’s/proposer’s
request for confidential treatment of its bid/proposal. Bidder/proposer agrees and
understands that the County may make copies of, and distribute, the bid/proposal without
any requested redactions, to facilitate evaluation. Bidder/proposer warrants that such
copying will not violate the rights of any third party.
48. FEDERAL REQUIREMENTS
In the event this Contract is paid in whole or in part from any federal government agency
or source, the specific terms, regulations and requirements governing the disbursement of
these funds shall be specified herein and become a part of this clause.
Equal Employment Opportunity: For any federally assisted construction contract, as
defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall follow all of the
requirements of the Equal Opportunity Clause as stated in 41 CFR 60-1.4.
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Davis–Bacon Act: For any federally assisted construction contract, in excess of two
thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall comply with all
of the requirements of the Davis-Bacon Act (40 U.S.C. 3141 – 3148) as supplemented by
Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and assisted Construction”); and the Copeland
“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”).
For a definition of “Construction” see 48 CFR 2.101.
Contract Work Hours and Safety Standards Act: For any federally assisted contract, in
excess of one hundred thousand dollars ($100,000), that involves the employment of
mechanics or laborers, the contractor, subcontractor, subrecipient shall comply with all of
the requirements of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702
and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5).
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an
award exceeding one hundred thousand dollars ($100,000) must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal
award.
Rights to Inventions Made Under a Contract or Agreement: For any federally assisted
contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR
401.2 for the performance of experimental, developmental, or research work, the
contractor, subcontractor, subrecipient agrees to all of the terms in 37 CFR 401.14(a) and
(b) regarding Patent Rights and The Allocation of Principal Rights.
Clean Air Act and the Federal water Pollution Control Act: For any federally assisted
contract, or subgrant, in excess of one hundred and fifty thousand dollars ($150,000), the
contractor, subcontractor, subrecipient or subgrant recipient shall comply with all of the
requirements of the Clean Air Act (42 U.S.C. 7401 -7671q.) and the Federal water
Pollution Control Act as amended (33 U.S.C. 1251 – 1387).
Procurement of Recovered Materials:
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired
a. Competitively within a timeframe providing for compliance with the contract
performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
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(2) Information about this requirement, along with a list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Awarded Contractors are required to fully comply with all requirements outlined in 2
CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
49. SCRUTINIZED COMPANIES
A. By executing this Agreement, the Contractor/Sub-Recipient certifies that it is eligible
to bid on, submit a proposal for, or enter into or renew a contract with the County for
goods or services pursuant to Section 287.135, Florida Statutes.
B. Specifically, by executing this Agreement, the Contractor/Sub-Recipient certifies that
it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.
C. Additionally, if this Agreement is for an amount of one million dollars ($1,000,000) or
more, by executing this Agreement, the Contractor/Sub-Recipient certifies that it is
not:
1. On the “Scrutinized Companies with Activities in Sudan List” or the
“Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List,” created pursuant to Section 215.473, Florida Statutes; and/or
2. Engaged in business operations in Cuba or Syria.
D. The County reserves the right to terminate this Agreement immediately should
the Contractor be found to:
1. Have falsified its certification of eligibility to bid on, submit a proposal for,
or enter into or renew a contract with the County for goods or services
pursuant to Section 287.135, Florida Statutes; and/or
2. Have become ineligible to bid on, submit a proposal for, or enter into or
renew a contract with the County for goods or services pursuant to Section
287.135, Florida Statute subsequent to entering into this Agreement with
the County.
E. If this Agreement is terminated by the County as provided in subparagraph 4(a)
above, the County reserves the right to pursue any and all available legal remedies
against the Contractor, including but not limited to the remedies as described in
Section 287.135, Florida Statutes.
F. If this Agreement is terminated by the County as provided in subparagraph 4(b)
above, the Contractor shall be paid only for the funding-applicable work
completed as of the date of the County’s termination.
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G. Unless explicitly stated in this Section, no other damages, fees, and/or costs may
be assessed against the County for its termination of the Agreement pursuant to
this Section.
50. PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR SERVICE
CONTRACTS)
Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor
agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records required by Orange County to perform the service.
2. Upon request from Orange County’s custodian of public records, provide Orange
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to Orange County.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to Orange
County all public records in possession of the Contractor or keep and maintain public
records required by Orange County to perform the service. If the Contractor transfers
all public record to Orange County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to Orange County, upon request from Orange County’s custodian of public
records, in a format that is compatible with the information technology systems of
Orange County.
5. A Contractor who fails to provide the public records to Orange County within a
reasonable time may be subject to penalties under section 119.10, Florida Statutes.
6. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT :
Procurement Public Records Liaison
400 E. South Street, 2nd Floor, Orlando, FL 32801
ProcurementRecords@ocfl.net, 407-836-5635
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SECTION 2
SPECIAL TERMS AND CONDITIONS
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SPECIAL TERMS AND CONDITIONS
1. LICENSES AND PERMITS
Prior to furnishing the requested product(s), it shall be the responsibility of the Contractor to
obtain, at no additional cost to Orange County, any and all licenses and permits required to
complete all contractual requirements. These licenses and permits shall be readily available
for review by the Manager, Procurement Division or authorized designee.
2. BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of ninety (90) days from the bid opening
date or until the date of award. In the event that an award is not made by the County within
ninety (90) days from the bid opening date, the Bidder may withdraw their bid or provide a
written extension of their bid.
3. FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of an offer, the respondent affirms that it is not currently listed in the Florida
Department of Management Services Convicted/Suspended/Discriminatory Complaint
Vendor List.
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.
C. Compliance with contract terms, conditions and specifications.
D. Capability Survey – The County reserves the right to perform a complete facilities and
capability survey of each bidder prior to award, and utilize the results to determine if
the bidder has the capability to successfully perform under this contract. The County
also reserves the right to waive this survey for any bidder who has performed in a
satisfactory manner under the current and/or a previous Orange County fuel contract.
5. AWARD
Orange County reserves the right to award on an all-or-none basis to the lowest responsive and
responsible bidder or to award on a lot-by-lot basis to the lowest responsive and responsible
Bidder, whichever is in the best interest of the County.
6. BID PRICES
A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra-low sulfur diesel fuel,
undyed and dyed and E-85, bidders shall submit on the Bid Response Form a fixed
discount or fixed mark-up price to be subtracted from or added to the OPIS average
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price(s) per gallon posted for Taft to arrive at the purchase price per gallon for each
fuel type and/or grade listed.
The formula for figuring E-85 ethanol biofuel shall be 83% of E-100 OPIS plus 17%
of E-10, 87 octane OPIS.
Note: All grades of gasoline petroleum motor fuels as referenced above are E-10
when sourced from the Taft Terminal.
For B-10 and B-20, the rack average for B-10 and B-20 blended at the Taft Terminal
shall be used to determine the final price for biodiesel motor fuels ordered by the
County.
The fixed discount/mark-up shall remain firm during the entire contract period
and each subsequent twelve (12) month period agreed upon, and shall include, but
not be limited to profit, overhead, drop charges, split delivery charges, delivery
charges, pump charges, freight charges and all other costs incurred by the vendor,
with the exception of fees and taxes, for delivering fuel to those locations listed on
Delivery Schedule A, plus any locations that may be added to the contract at a
later date, to include other governmental agencies located within Central Florida.
The day’s final OPIS prices(s) per gallon posted for Thursday of each week shall be
utilized to arrive at the purchase price per gallon of fuel(s) delivered the following
Sunday through Saturday. The County receives the Thursday final OPIS Wholesale
Rack prices directly from OPIS.
EXAMPLE: OPIS price(s) posted Thursday, May 5, 2022 shall be utilized to arrive at
the purchase price per gallon for fuel(s) delivered Sunday, May 8, 2022 through
Saturday, May 14, 2022.
In instances where a Thursday is a holiday, i.e. Thanksgiving, the day’s final OPIS
price(s) posted for the Wednesday preceding that Thursday holiday shall be used.
B. Vendor(s) shall be responsible for correctly invoicing each agency/entity utilizing this
contract.
C. Taxes shall be listed as separate line items on all invoices. Vendor(s) shall be
responsible for informing each using agency/entity utilizing the contract of any
and all tax changes as they occur. Any difference in taxes that occur as a result of
an agency/entity not being informed of a tax change shall be borne by the vendor.
7. 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.
8. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bids. Delivery shall be no
later than one (1) calendar day from receipt of delivery order. Monday through Saturday unless
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other arrangements have been made with the ordering agency/entity. The vendor shall contact
each location at least thirty (30) minutes prior to delivery to arrange for an agency/entity
representative to be present at time of delivery. The vendor and agency will agree upon a two
(2) hour delivery window. Vendor shall contact all other agencies/entities utilizing this contract
to obtain their ordering procedures.
Bids submitted which fail to meet this requirement shall be cause for rejection.
Failure of the awarded vendor to meet this delivery requirement shall result in default and e
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.
9. FORCE MAJEURE
1. The Contractor shall not be held responsible for any delay and/or failure in performance of
any part of this contract to the extent such delay or failure is caused by explosion, war,
embargo, government requirement, civil or military authority, act of God, or other similar
causes beyond the Contractor’s control so long as the Contractor’s delay is not caused by
the Contractor’s own fault or negligence. That notwithstanding, the Contractor shall notify
the County in writing within twenty-four (24) hours after the beginning of any such cause
that would affect its performance hereunder and the County reserves the right the request
additional information that supports the validity of the Contractor’s Force Majeure claim.
Failure to notify the County in a timely manner of any claim of Force Majeure made
pursuant to this section is cause for termination of this contract.
2. If the Contractor’s performance is delayed pursuant to this section for a period exceeding
one (1) calendar day from the date the County receives the required Force Majeure notice,
the County shall have the right to terminate this contract thereafter and shall only be liable
to the Contractor for any work performed and validated (if required for payment hereunder)
prior to the date of the County’s contract termination.
3. If the Contractor’s performance is delayed pursuant to this section, the County may, upon
written request of the Contractor, agree to equitably adjust the provisions of this contract,
including price, performance, and delivery, as may be affected by such delay. However,
this provision shall not be interpreted to limit the County’s right to terminate for
convenience.
10. 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:
1. Provide goods or services that comply with the specifications herein or fails to
meet the County’s performance standards
2. Deliver the goods or to perform the services within the time specified in this
contract or any extension.
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3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the County shall provide adequate written notice to the
Contractor through the Manager, Procurement Division, affording the opportunity to
cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten
(10) calendar days (or the period specified in the notice) after receipt of the notice.
Failure to adequately cure the deficiency shall result in termination action. Such
termination may also result in suspension or debarment of the Contractor in accordance
with the County’s Procurement Ordinance. The Contractor and its sureties (if any)
shall be liable for any damage to the County resulting from the Contractor’s default of
the contract. This liability includes any increased costs incurred by the County in
completing contract performance.
In the event of termination by the County for any cause, the Contractor shall have, in
no event, any claim against the County for lost profits or compensation for lost
opportunities. After a receipt of a Termination Notice and except as otherwise directed
by the County the Contractor shall:
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.
B. Termination for Convenience:
The County, by written notice, may terminate this contract, in whole or in part, when
it is in the County’s interest. If this contract is terminated, the County shall be liable
only for goods or services delivered and accepted. The County Notice of Termination
shall provide the Contractor thirty (30) calendar days prior notice before it becomes
effective. A termination for convenience may apply to individual delivery orders,
purchase orders or to the contract in its entirety.
11. AS SPECIFIED
All goods delivered shall meet the specifications herein. Goods delivered not as specified shall
be returned at no expense by Orange County. The County may return, for full credit, any
unused goods received which fail to meet the County’s performance standards. Replacement
goods meeting specifications shall be submitted within a reasonable time after rejection of the
non-conforming goods.
12. CODES AND REGULATIONS
The Contractor shall strictly comply with all Federal, State and local codes and regulations.
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13. PAYMENT
Partial payments for the value of goods received and accepted and services rendered may be
requested by the submission of a properly executed invoice. Payment shall be made in
accordance with Florida Statute 218, Local Government Prompt Payment Act. Payment for
accepted equipment/goods/services shall be accomplished by submission of an invoice, to:
Orange County Fleet Management
4400 S. Vineland Road
Orlando, FL 32811
Phone (407) 836-8210
A valid invoice shall include the following:
1. Reference to the Delivery Order/ Purchase Order Number
2. Delivery Dates/ Service Dates
3. Itemization of Goods Delivered/ Services Rendered
4. Unit Prices in accordance with the Bid Response Form
5. Fuel Location
6. Contract number
7. See Attachment B for invoice requirements information
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.
14. SAFETY AND PROTECTION OF PROPERTY
The Contractor shall at all times:
A. Initiate, maintain and supervise all safety precautions and programs in connection with
its services or performance of its operations under this contract.
B. Take all reasonable precautions to prevent injury to employees, including County
employees and all other persons affected by their operations.
C. Take all reasonable precautions to prevent damage or loss to property of Orange
County, or of other Contractors, consultants or agencies and shall be held responsible
for replacing or repairing any such loss or damage.
D. Comply with all ordinances, rules, regulations, standards and lawful orders from
authority bearing on the safety of persons or property or their protection from damage,
injury or loss. This includes but is not limited to:
o Occupational Safety and Health Act (OSHA)
o National Institute for Occupational Safety & Health (NIOSH)
o National Fire Protection Association (NFPA)
o American Society of Heating, Refrigeration & Air-Conditioning Engineers
(ASHRAE)
E. The Contractor shall also comply with the guidelines set forth in the Orange County
Safety & Health Manual. The manual can be accessed online at the address listed
below:
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http://www.orangecountyfl.net/VendorServices/OrangeCountySafetyandHealth
Manual.aspx
15. INSURANCE REQUIREMENTS
Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all times
throughout the duration of this contract the following types of insurance coverage with limits and on
forms (including endorsements) as described herein. These requirements, as well as the County’s
review or acceptance of insurance maintained by Vendor/Contractor is not intended to and shall not
in any manner limit or qualify the liabilities assumed by Vendor/Contractor under this contract.
Vendor/Contractor is required to maintain any coverage required by federal and state workers’
compensation or financial responsibility laws including but not limited to Chapter 324 and 440,
Florida Statutes, as may be amended from time to time.
The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub-Contractors
providing services hereunder (if any) procures and maintains until the completion of their respective
services, insurance of the types and to the limits specified herein.
Insurance carriers providing coverage required herein must be licensed to conduct business in the
State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VIII
or better.
(Note: State licenses can be checked via www.floir.com/companysearch/ and A.M. Best Ratings are
available at www.ambest.com)
Required Coverage:
Commercial General Liability - The Vendor/Contractor shall maintain coverage issued
on the most recent version of the ISO form as filed for use in Florida or its equivalent,
with a limit of liability of not less than $1,000,000 (One Million) per occurrence.
Vendor/Contractor further agrees coverage shall not contain any endorsement(s)
excluding or limiting Product/Completed Operations, Contractual Liability, or
Separation of Insureds. The General Aggregate limit shall either apply separately to this
contract or shall be at least twice the required occurrence limit.
Required Endorsements:
Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.
Note: CG 20 10 must be accompanied by CG 20 37 to include
products/completed operations
Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.
Note: If blanket endorsements are being submitted please include the entire
endorsement and the applicable policy number.
Business Automobile Liability - The Vendor/Contractor shall maintain
coverage for all owned; non-owned and hired vehicles issued on the most recent version
of the ISO form as filed for use in Florida or its equivalent, with limits of not less than
$1,000,000 (One Million) per accident. In the event the Vendor/Contractor does not
own automobiles the Vendor/Contractor shall maintain coverage for hired and non-
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owned auto liability, which may be satisfied by way of endorsement to the Commercial
General Liability policy or separate Business Auto Liability policy.
Required Endorsements:
MCS-90- for operations governed by the Sections 29 & 30 of the Motor
Carrier Act of 1980
Workers' Compensation - The Vendor/Contractor shall maintain coverage
for its employees with statutory workers' compensation limits, and no less than $100,000
each incident of bodily injury or disease for Employers' Liability. Elective exemptions
as defined in Florida Statute 440 will be considered on a case-by-case basis. Any
Vendor/Contractor using an employee leasing company shall complete the Leased
Employee Affidavit.
Required Endorsements:
Waiver of Subrogation- WC 00 03 13 or its equivalent
Additional Coverage:
Pollution Liability- with a limit of not less than $1,000,000 per
occurrence/claim
When a self-insured retention or deductible exceeds $100,000 the COUNTY reserves the
right to request a copy of Vendor/Contractor most recent annual report or audited financial
statement. For policies written on a “Claims-Made” basis the Vendor/Contractor agrees to
maintain a retroactive date prior to or equal to the effective date of this contract. In the event
the policy is canceled, non-renewed, switched to occurrence form, or any other event which
triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the
life of this contract the Vendor/Contractor agrees to purchase the SERP with a minimum
reporting period of not less than two years. Purchase of the SERP shall not relieve the
Vendor/Contractor of the obligation to provide replacement coverage.
By entering into this contract Vendor/Contractor agrees to provide a waiver of subrogation
or a waiver of transfer of rights of recovery, in favor of the County for the workers’
compensation and general liability policies as required herein. When required by the insurer
or should a policy condition not permit the Vendor/Contractor to enter into a pre-loss
agreement to waive subrogation without an endorsement, then Vendor/Contractor agrees to
notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a
Waiver of Transfer of Rights of Recovery Against Others endorsement.
Prior to execution and commencement of any operations/services provided under this
contract the Vendor/Contractor shall provide the COUNTY with current certificates of
insurance evidencing all required coverage. In addition to the certificate(s) of insurance the
Vendor/Contractor shall also provide endorsements for each policy as specified above. All
specific policy endorsements shall be in the name of Orange County, Florida.
For continuing service contracts renewal certificates shall be submitted immediately upon
request by either the COUNTY or the COUNTY’s contracted certificate compliance
management firm. The certificates shall clearly indicate that the Vendor/Contractor has
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obtained insurance of the type, amount and classification as required for strict compliance
with this insurance section. Vendor/Contractor shall notify the COUNTY not less than thirty
(30) business days (ten business days for non-payment of premium) of any material change
in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor shall provide
evidence of replacement coverage to maintain compliance with the aforementioned insurance
requirements to the COUNTY or its certificate management representative five (5) business
days prior to the effective date of the replacement policy (ies).
The certificate holder shall read:
Orange County, Florida
c/o Risk Management Division
201 S. Rosalind Avenue
Orlando, Florida 32801
Additional insurance guidelines and sample certificates can be found on the County’s
Vendor Services website:
https://www.ocfl.net/Portals/0/Library/vendor%20services/docs/InsuranceFAQCOIand
Endorsements-CERT.pdf#search=insurance%20requirements
16. CONTRACT TERM/RENEWAL
A. The contract resulting from this Invitation for Bids shall commence effective upon
issuance of a term contract by the County and extend for a period of one (1) year. The
contract may be renewed for four (4) additional one (1) year periods, upon mutual
agreement of both parties. If any such renewal results in changes in the terms and
conditions, such changes shall be reduced to writing as an amendment to this contract
and such amendment shall be executed by both parties.
B. The initiating County department(s) shall issue delivery/purchase orders against the
term contract on an “as needed” basis.
C. If the quantity of a unit priced item in this contract is an estimated quantity and the
actual quantities ordered are more than 50% above the estimated quantity, the County
shall enter into negotiations with the Contractor for a lower unit price which shall be
incorporated into the contract. Failure of the Contractor to agree to a reduced unit price
may result in the termination of the contract and re-solicitation of the requirement.
D. Any order issued during the effective period of this contract, but not completed within
that period, shall be completed by the Contractor within the time specified in the order.
The contract shall govern the Contractor’s and the County’s rights and obligations with
respect to that order to the extent as if the order were completed during the contract
performance period.
17. PRICING
The County requires a firm price for the entire contract period. Invoices shall be reviewed to
confirm compliance with contract pricing. Failure to hold prices firm shall be grounds for
immediate termination of the contract.
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18. METHOD OF ORDERING
The County shall issue Delivery (Purchase) Orders against the contract on an as needed basis
for the goods or services listed on the Bid Response Form.
19. ATTACHMENTS
The following attachment(s) is/are attached to, and made a part of this Invitation for Bids:
A. Delivery Schedule
B. Invoice Requirements for Fleet Management Division
20. 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 goods or services required during an
emergency situation. Contractor shall furnish a twenty-four (24) hour phone number in the
event of such an emergency.
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.
The County’s requirements in this contract are estimated and there is no commitment by the
County to order any specified amount. If the estimated quantities are not achieved, this shall
not be the basis for an equitable adjustment.
If the Manager, Procurement Division determines that the Contractor’s performance is
less than satisfactory, the County may order the goods or services from other sources
until the deficient performance has been cured or the contract terminated.
22. PERSONNEL
A. The CONTRACTOR represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the
COUNTY.
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B. All of the services required hereafter shall be performed by the CONTRACTOR or
under its supervision, and all personnel engaged in performing the services shall be
fully qualified and, if required, authorized or permitted under state and local law to
perform such services.
C. By execution of this contract, the Contractor hereby certifies that key personnel
assigned to provide the required services have not been, and shall not be, changed or
altered without prior written approval by the County. The County shall have seventy
two (72) hours to review any request made by the Contractor for any change, alteration,
or substitution of staff. The Contractor shall ensure that such substituted staff members
are of substantially the same qualifications as those approved by the County at the time
of contract award and create no conflicts of interest between the Contractor and the
County.
D. The CONTRACTOR warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in the field. The COUNTY
may require, in writing, that the CONTRACTOR remove from this contract any
employee the COUNTY deems incompetent, careless, or otherwise objectionable.
23. 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.
24. 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
In accordance with the Registered Service Disabled Veteran Business Ordinance, award of a
contract resulting from this Invitation for Bids may be made to the lowest responsive and
responsible registered prime Service Disabled Veteran bidder provided that the bid does not
exceed the overall lowest responsive and responsible bidder by the following percentages for
the bid amounts listed:
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Page 31
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
In the event of a tie between an M/WBE and a registered prime SDV with all else being
equal, the award shall be made to the firm with the lowest business net worth.
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Page 32
SECTION 3
SPECIFICATIONS
Page 317 of 392
Page 33
SPECIFICATIONS
Unleaded 87 octane, mid-grade 89 octane, premium 92 octane and E-10 gasoline shall comply
with the most current Standards of the American Society for Testing and Materials (ASTM) and
comply with state of Florida gasoline inspection laws.
E-85 gasoline shall comply with the most current ASTM Standard and have a Minimum Octane
Rating of 87.
Oil, diesel fuel, grade number 2-D ultra low sulfur fuel (.0015 mass % sulfur, 40 cetane min.),
for use in over the road diesel engine, per ASTM specification D975, complying with Florida
Department of Agriculture and Consumer Services standards 5F-2.001.
Oil, diesel fuel, red dye, grade number 2-D ultra low sulfur fuel (.0015 mass % sulfur, 40 cetane
min.), for use in off the road diesel engine, per ASTM specification D975, complying with
Florida Department of Agriculture and Consumer Services standards 5F- 2.001.
Biodiesel Fuel, B-10 blend (10 percent B-100 biodiesel and 90 percent ultra low sulfur petroleum
diesel), undyed for use in over the road diesel engines or dyed for use in off road diesel engines,
shall meet the ASTM specification D6751 for pure biodiesel and shall consist of mono-alkyl
esters of long chain fatty acids derived from new and used vegetable oils and animal fats,
designated B100, before blending with #2 ultra-low sulfur petroleum diesel per ASTM
specification D975. The final product shall comply with Florida Department of Agriculture and
Consumer Services inspection laws. To be delivered as ordered via transport truck in full loads,
minimum delivery 7,000 gallons.
LIST OF PERSONNEL
Within two (2) days of contract execution it is required by the Contractor to provide a list of
personnel by name, title, telephone number and e-mail address, who will be responsible for the
Orange County account including ordering and invoicing.
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Page 34
SECTION 4
BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
IMPORTANT NOTE:
Modification or alteration of the documents contained in this solicitation or the contract resulting from this
solicitation shall only be made upon receipt of prior written consent of the County.
(See: General Terms and Conditions, Article 2, Questions Regarding this Solicitation)
Bidders are cautioned, when completing your bid, do not attach any forms which may contain deviations from
the County’s scope of services/specification, terms and conditions or fee schedule as these may conflict with those
listed in the County’s bid documents(s). Unauthorized modifications or alterations and/or 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.
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Page 28
QUALIFICATION OF BIDDERS
BID PACKAGE REQUIREMENTS:
The County reserves the right, before award, to require a bidder to submit evidence of qualifications as
the County deems necessary to determine the ability of the Bidder to perform. Acceptable evidence
may include but may not be limited to: financial information, past performance, and technical
information.
The determination on whether a bidder is responsible or not shall be at the sole discretion of the County.
Although the County may request the submission of a minimum number of contracts similar to the
requirements of this solicitation with certain minimum dimensions, quantities, dollar values, etc., the
County’s determination of a bidder’s responsibility shall not be solely based on the number of similar
procurements the bidder provides but the entirety of the bidder’s qualifications.
The Bidder shall submit the following information with the bid. It is recommended to use the list below
as a checklist for your bid submittal:
[ ] 1. Bid Response Form
(Required)
[ ] 2. Reference Documentation Form
(Required)
Bidder shall complete the attached Reference Documentation Form. References shall be
for clients who contracted with the bidder for a comparable amount of goods and shall
demonstrate that these were satisfactorily delivered.
[ ] 3. Acknowledgement of Addenda
(Required if Applicable)
[ ] 4. Authorized Signatories/Negotiators
(Required)
[ ] 5. Drug-Free Workplace
(Required)
[ ] 6. Schedule of Sub-contracting
(Required if Applicable)
[ ] 7. Conflict/Non-Conflict of Interest Form
(Required)
[ ] 8. E-Verification Certification
(Required)
[ ] 9. Current W9
(Required)
[ ] 10. Relationship Disclosure Form
(Required to be Submitted and Notarized)
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Page 29
[ ] 11. Orange County Specific Project Expenditure Report.
(Required to be Submitted and Notarized)
[ ] 12. Agent Authorization Form
(Submit if Applicable)
[ ] 13. Leased Employee Affidavit
(Submit if Applicable)
[ ] 14. Information for determining Joint Venture Eligibility (if Applicable)
(Submit if Applicable)
[ ] 15. Contract Y23-105-MV, Counterpart (1), signed without exception to terms and
conditions. Counteroffers shall not be allowed.
(Required)
Failure to submit the above requested information may be cause for rejection of your bid.
STATEMENT OF NO-BID
The Procurement Division is committed to continuously improve its processes and our goal is
to receive maximum participation from the vendor community. If your firm chooses not to
participate in responding to this solicitation please email Melisa.Vergara@ocfl.net, referencing
the IFB number, and briefly explain why the decision was made to not participate.
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Page 30
BID RESPONSE FORM
IFB #Y23-105-MV
All charges including, but not limited to, drop charges, pump charges, split delivery charges and/or
minimum freight charges shall be included in the discount or mark-up from the OPIS price. There
are no, and shall not be, provisions for added charges. Estimated annual gallons of all fuels are
stated in Attachment A, Delivery Schedule.
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
ORLANDO/ TAFT TERMINAL
LOT 1, UNLEADED GASOLINE, Transport Loads, as specified
1. 87 Octane, 8,000+ gallon quantity $ per gallon
2. 89 Octane, 8,000+ gallon quantity $ per gallon
3. 93 Octane, 8,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 1 – 1,500,000 gallons
LOT 2, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified
4. 7,000 + gallon quantity $ per gallon
Undyed for motor vehicles
5. 7,000 + gallon quantity $ per gallon
Dyed diesel for off road use
Total annual estimated quantity Lot 2 – 1,010,000 gallons
Company Name
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Page 31
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
ORLANDO/ TAFT TERMINAL
LOT 3, ETHANOL, Transport Loads, as specified
6. E-85 unleaded gasoline, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 3 – 0 gallons
FIXED DISCOUNT (-) OR MARK-UP
(+) PRICE PER GALLON
SUBTRACTED FROM OR ADDED
TO THE OPIS AVERAGE PRICE(S)
PER GALLON POSTED FOR THE
MIAMI TERMINAL
LOT 4, BIODIESEL UNDYED AND DYED, Transport Loads, as specified
7. B-10 undyed, 7,000+ gallon quantity $ per gallon
8. B-20 undyed, 7,000+ gallon quantity $ per gallon
9. B-10 dyed, 7,000+ gallon quantity $ per gallon
10. B-20 dyed, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 4 – 10,000 gallons
Company Name
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Page 32
FIXED DISCOUNT (-) OR
MARK-UP (+) PRICE PER
GALLON SUBTRACTED FROM
OR ADDED TO THE OPIS
AVERAGE PRICE(S) PER
GALLON POSTED FOR THE
ORLANDO/ TAFT TERMINAL
LOT 5, BIODIESEL UNDYED AND DYED, Transport Loads, as specified
11. B-10 undyed, 7,000+ gallon quantity $ per gallon
12. B-20 undyed, 7,000+ gallon quantity $ per gallon
13. B-10 dyed, 7,000+ gallon quantity $ per gallon
14. B-20 dyed, 7,000+ gallon quantity $ per gallon
Total annual estimated quantity Lot 5 – 10,000 gallons
______________________________
Company Name
Indicate if items are to be delivered:
via common carrier* ____ or Owned/Hired Vehicle ____
*If delivery will occur via common carrier, insurance requirements are not applicable. If
delivery will occur via owned or hired vehicles, insurance requirements are applicable.
IMPORTANT NOTE: When completing your bid, do not attach any forms which may
contain terms and conditions that conflict with those listed in the County’s bid documents(s).
Inclusion of additional terms and conditions such as those which may be on your company’s
standard forms shall result in your bid being declared non-responsive as these changes will
be considered a counteroffer to the County’s bid.
Delivery shall be not later than one (1) calendar day After Receipt of Order (ARO) per Special
Terms and Conditions.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Contracting Agent,
at Melisa.Vergara@ocfl.net
Page 324 of 392
Page 33
BID RESPONSE FORM - CONTINUED
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#: D-U-N-S® #
(Street No. or P.O. Box Number) (Street Name) (City)
(County) (State) (Zip Code)
Contact Person:
Phone Number:
Fax Number:
Email Address:
EMERGENCY CONTACT
Emergency Contact Person: ____________________________________________
Telephone Number: ________________ Cell Phone Number: ________________
Residence Telephone Number: ________________ Email: ___________________
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/services, delivery
time, performance period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No.______, Date_____________ Addendum No._____, Date___________
Addendum No.______, Date_____________ Addendum No._____, Date___________
Page 325 of 392
Page 34
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate and/or
sign contracts and related documents to which the bidder will be duly bound. Principal is defined
as an employee, officer or other technical or professional in a position capable of substantially
influencing the development or outcome of an activity required to perform the covered transaction.
Name Title Telephone Number/Email
(Signature) (Date)
(Title)
(Name of Business)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
____ Sole Proprietorship ____ Partnership ____ Non-Profit
____ Joint Venture* ____ Corporation
State of Incorporation: __________________
Principal Place of Business (Florida Statute Chapter 607): _______________________
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER’S PRINCIPAL OFFICE AS IDENTIFIED BY THE
FLORIDA DIVISION OF CORPORATIONS.
Federal I.D. number is: ______________________________________
* Joint venture firms must complete and submit with their Bid Response the form titled “Information for
Determining Joint Venture Eligibility”, and a copy of the formal agreement between all joint venture
parties. This joint venture agreement must indicate the parties’ respective roles, responsibilities and
levels of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain
and maintain all contractually required insurance in the name of the Joint Venture as required by
the Contract. Individual insurance in the name of the parties to the Joint venture will not be
accepted. Failure to timely submit the required form along with an attached written copy of the joint
venture agreement may result in disqualification of your Bid Response
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Page 35
REFERENCE DOCUMENTATION FORM
List at least three (3) clients during the past ten (10) years for which you provided a comparable
amount of goods or services substantially similar to those specified in the solicitation in the spaces
provided below. Provide the Company name, contact person, address, email address, telephone
number, and date services were performed, as described.
1. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
2. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
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Page 36
3. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
4. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 328 of 392
Page 37
5. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 329 of 392
DRUG-FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
_____________________________________ does:
Name of Business
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with above
requirements.
__________________________________
Bidder's Signature
__________________________________
Date
Page 330 of 392
SCHEDULE OF SUBCONTRACTING, IFB NO. Y23-105-MV
As specified in the General Terms and Conditions and in the Special Terms and Conditions, bidders are to present the details of subcontractor
participation.
Name Of Subcontractor Address
Type of Work to
be Performed
Percent and dollar amount of
Contract Amount to be
Subcontracted
Company Name: __________________________________________________
Page 331 of 392
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.
___________________________________
COMPANY NAME
___________________________________
AUTHORIZED SIGNATURE
___________________________________
NAME (PRINT OR TYPE)
___________________________________
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise,
failure to provide documentation of a possible conflict of interest, or a summary of past litigation
and/or judgments, may result in disqualification of your bid.
Page 332 of 392
E VERIFICATION CERTIFICATION
Contract No. Y23-105-MV
NAME OF CONTRACTOR: ______________________________ (referred to herein as
“Contractor”)
ADDRESS OF CONTRACTOR:
______________________________________________________________________________
The undersigned does hereby certify that the above-named contractor:
1. Is, or will be, registered with and using the E-Verify system prior to execution of the
contract with Orange County; or
2. Is, or will be, registered with the E-Verify system prior to execution of the contract
with Orange County, but does not have any employees and does not intend to hire
any new employees during the period of time that the contractor will be providing
services under the contract; or
3. Is, or will be, registered with the E-Verify system prior to execution of the contract
with Orange County, but employs individuals who were hired prior to the
commencement of providing labor on the contract and does not intend to hire any
new employees during the period of time that the contractor will be providing labor
under the contract.
The undersigned acknowledges the use of the E-Verify system for newly hired employees is an
ongoing obligation for so long as the contractor provides labor under the contract and that the
workforce eligibility of all newly hired employees will be properly verified using the E-Verify
system.
In accordance with Section 837.06, Florida Statutes, Contractor acknowledges 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 Section 775.082 or Section 775.083, Florida Statutes.
AUTHORIZED SIGNATURE: _______________________________
NAME: _______________________
TITLE: _______________________
DATE: _______________________
Page 333 of 392
Page 1
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY BIDDER
For procurement items that will come before the Board of County Commissioners for final
approval, this form shall be completed by the Bidder and shall be submitted to the Procurement
Division by the Bidder.
In the event any information provided on this form should change, the Bidder must file an amended
form on or before the date the item is considered by the appropriate board or body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder:
____________________________________________________________________
Business Address (Street/P.O. Box, City and Zip Code):
____________________________________________________________________
____________________________________________________________________
Business Phone: ( )______________________
Facsimile: ( )______________________
INFORMATION ON BIDDER’S AUTHORIZED AGENT, IF APPLICABLE:
(Agent Authorization Form also required to be attached)
Name of Bidder’s Authorized Agent:
____________________________________________________________________
Business Address (Street/P.O. Box, City and Zip Code):
____________________________________________________________________
____________________________________________________________________
Business Phone: ( )______________________
Facsimile: ( )______________________
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Page 2
Part II
IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC?
____ YES ____ NO
IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER’S EMPLOYEE?
____ YES ____ NO
IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE
OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY
MEMBER OF THE BCC?
____ YES ____ NO
If you responded “YES” to any of the above questions, please state with whom and explain
the relationship.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(Use additional sheets of paper if necessary)
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Page 3
Part III
ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED
I hereby certify that information provided in this relationship disclosure form is true and correct
based on my knowledge and belief. If any of this information changes, I further acknowledge and
agree to amend this relationship disclosure form prior to any meeting at which the above-
referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I
understand and acknowledge that whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his or her official duty shall be guilty of a
misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida
Statutes.
Signature of Bidder Date
Printed Name and Title of Person completing this form:
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐ online
notarization, this _____ day of ________________, 20__, by __________________________________
[NAME OF PERSON], as ______________________________________ [TYPE OF AUTHORITY,…
e.g. officer, trustee, etc.)] for _____________________________[NAME OF PARTY ON BEHALF OF
WHOM INSTRUMENT WAS EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT.
§117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
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Page 1
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
RELATIONSHIP DISCLOSURE FORM
Updated 6-28-11
WHAT IS THE RELATIONSHIP DISCLOSURE FORM?
The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form created
pursuant to the County’s Local Code of Ethics, codified at Article XIII of Chapter 2 of the Orange
County Code, to ensure that all development-related items and procurement items presented to or
filed with the County include information as to the relationship, if any, between the applicant and
the County Mayor or any member of the Board of County Commissioners (BCC). The form will
be a part of the backup information for the applicant’s item.
WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS?
Form OC CE 2D is used only for development-related items, and form OC CE 2P is used only for
procurement-related items. The applicant needs to complete and file the form that is applicable to
his/her case.
WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM?
Form OC CE 2D should be completed and filed by the owner of record, contract purchaser, or
authorized agent. Form OC CE 2P should be completed and filed by the bidder, offeror, quoter, or
respondent, and, if applicable, their authorized agent. In all cases, the person completing the form
must sign the form and warrant that the information provided on the form is true and correct.
WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM?
The relationship disclosure form needs to disclose pertinent background information about the
applicant and the relationship, if any, between, on the one hand, the applicant and, if applicable,
any person involved with the item, and on the other hand, the Mayor or any member of the BCC.
In particular, the applicant needs to disclose whether any of the following relationships exist: (1)
the applicant is a business associate of the Mayor or any member of the BCC; (2) any person
involved with the approval of the item has a beneficial interest in the outcome of the matter and
is a business associate of the Mayor or any member of the BCC; (3) the applicant is a relative of
the Mayor or any member of the BCC; or (4) the Mayor or any member of the BCC is an employee
of the applicant. (See Section 2-454, Orange County Code.)
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Applicant means, for purposes of a development-related project, the owner, and, if applicable, the
contract purchaser or owner’s authorized agent. Applicant means, for purposes of a procurement
item, the bidder, offeror, quoter, respondent, and, if applicable, the authorized agent of the bidder,
offeror, quoter, or respondent.
Business associate means any person or entity engaged in or carrying on a business enterprise with
a public officer, public employee, or candidate as a partner, joint venture, corporate shareholder
where the shares of such corporation are not listed on any
national or regional stock exchange, or co-owner of property. In addition, the term includes any
person or entity engaged in or carrying on a business enterprise, or otherwise engaging in common
investment, with a public officer, public employee, or candidate as a partner, member, shareholder,
owner, co-owner, joint venture partner, or other investor, whether directly or indirectly, whether
Page 337 of 392
Page 2
through a Business Entity or through interlocking Parent Entities, Subsidiary Entities, or other
business or investment scheme, structure, or venture of any nature. (See Section 112.312(4),
Florida Statutes, and Section 2-452(b), Orange County Code.)
Employee means any person who receives remuneration from an employer for the performance of
any work or service while engaged in any employment under any appointment or contract for hire
or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed,
and includes, but is not limited to, aliens and minors. (See Section 440.02(15), Florida Statutes.)
Relative means an individual who is related to a public officer or employee as father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, great
grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step
grandchild, step great grandchild, person who is engaged to be married to the public officer or
employee or who otherwise holds himself or herself out as or is generally known as the person
whom the public officer or employee intends to marry or with whom the public officer or employee
intends to form a household, or any other natural person having the same legal residence as the
public officer or employee. (See Section 112.312(21), Florida Statutes.)
DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF
INFORMATION CHANGES?
Yes. It remains a continuing obligation of the applicant to update this form whenever any of the
information provided on the initial form changes.
WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT
UPDATES NEED TO BE FILED?
For a development-related item, the Relationship Disclosure Form and any update need to be filed
with the County Department or County Division where the applicant filed the application. For a
procurement item, the Relationship Disclosure Form and any update need to be filed with the
Procurement Division.
WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED
TO BE FILED?
In most cases, the initial form needs to be filed when the applicant files the initial development-
related project application or initial procurement-related forms. However, with respect to a
procurement item, a response to a bid will not be deemed unresponsive if this form is not included
in the initial packet submitted to the Procurement Division.
If changes are made after the initial filing, the final, cumulative Relationship Disclosure Form
needs to be filed with the appropriate County Department or County Division processing the
application not less than seven (7) days prior to the scheduled BCC agenda date so that it may be
incorporated into the BCC agenda packet. When the matter is a discussion agenda item or is the
subject of a public hearing, and an update has not been made at least 7 days prior to BCC meeting
date or is not included in the BCC agenda packet, the applicant is obligated to verbally present
such update to the BCC when the agenda item is heard or the public hearing is held. When the
matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC
meeting or the update is not included in the BCC agenda packet, the item will be pulled from the
consent agenda to be considered at a future meeting.
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Page 3
WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM AND ANY UPDATES?
The information disclosed on this form and any updates will be a public record as defined by
Chapter 119, Florida Statutes, and may therefore be inspected by any interested person. Also, the
information will be made available to the Mayor and the BCC members. This form and any updates
will accompany the information for the applicant’s project or item.
However, for development-related items, if an applicant discloses the existence of one or more of
the relationships described above and the matter would normally receive final consideration by the
Concurrency Review Committee or the Development Review Committee, the matter will be
directed to the BCC for final consideration and action following committee review.
CONCLUSION:
We hope you find this FAQ useful to your understanding of the Relationship Disclosure Form.
Please be informed that if the event of a conflict or inconsistency between this FAQ and the
requirements of the applicable ordinance or law governing relationship disclosures, the ordinance
or law controls.
Also, please be informed that the County Attorney’s Office is not permitted to render legal advice
to an applicant or any other outside party. Accordingly, if the applicant or an outside party has
any questions after reading this FAQ, he/she is encouraged to contact his/her own legal counsel.
Page 339 of 392
Page 1
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shall be completed in full and filed with all application submittals. This form shall remain cumulative and shall be filed with the department processing your application. Forms signed by a principal’s authorized agent shall include an executed Agent Authorization Form. This is the initial Form: ______ This is a Subsequent Form: ______
Part I Please complete all of the following:
Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): ______ _______________________________________________________________________________ Name and Address of Principal’s Authorized Agent, if applicable: ___________________________ _______________________________________________________________________________
List the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) 1. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 2. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 3. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 4. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 5. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 6. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 7. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 8. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___
Page 340 of 392
Page 2
Part II Expenditures: For this report, an "expenditure" means money or anything of value given by the principal and/or his/her lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of print and distribution of publications. However, the term "expenditure" does not include: ●Contributions or expenditures reported pursuant to chapter 106, Florida Statutes; ●Federal election law, campaign-related personal services provided without compensation by individuals volunteering their time; ●Any other contribution or expenditure made by or to a political party; ●Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or ●Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities (including those of lobbyists, contractors, Contractors, etc.) incurred by the principal or his/her authorized agent and expended in connection with the above-referenced project or issue. You need not include de minimus costs (under $50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or other documents related to this project.
Date of Expenditure Name of Party Incurring Expenditure
Description of Activity Amount Paid
TOTAL EXPENDED THIS REPORT
$
Page 341 of 392
Page 3
Part III
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure report is true and correct
based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section
2-354, of the Orange County code, to amend this specific project expenditure report for any additional
expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner
meeting. I further acknowledge and agree that failure to comply with these requirements to file the
specific expenditure report and all associated amendments may result in the delay of approval by the
Board of County Commissioners for my project or item, any associated costs for which I shall be held
responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever
knowingly makes a false statement in writing with the intent to mislead a public servant in the
performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida Statutes.
Date
Signature of ⌂ Principal or ⌂ Principal’s Authorized Agent
(check appropriate box)
Printed Name and Title of Person completing this form:
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐ online
notarization, this _____ day of ________________, 20__, by __________________________________
[NAME OF PERSON], as ______________________________________ [TYPE OF AUTHORITY,… e.g.
officer, trustee, etc.)] for _____________________________[NAME OF PARTY ON BEHALF OF
WHOM INSTRUMENT WAS EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT.
§117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
Page 342 of 392
Page 1
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
SPECIFIC PROJECT EXPENDITURE REPORT
Updated 3-1-11
WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT (SPR)?
A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b) of the
Orange County Lobbying Ordinance, codified at Article X of Chapter 2 of the Orange County
Code, reflecting all lobbying expenditures incurred by a principal and their authorized agent(s)
and the principal’s lobbyist(s), contractor(s), subcontractor(s), and Contractor(s), if applicable, for
certain projects or issues that will ultimately be decided by the Board of County Commissioners
(BCC).
Matters specifically exempt from the SPR requirement are ministerial items, resolutions,
agreements in settlement of litigation matters in which the County is a party, ordinances initiated
by County staff, and some procurement items, as more fully described in 2.20 of the Administrative
Regulations.
Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying need not be
disclosed on this form. (See Section 2-354(b), Orange County Code.)
WHO NEEDS TO FILE THE SPR?
The principal or his/her authorized agent needs to complete and sign the SPR and warrant that the
information provided on the SPR is true and correct.
A principal that is a governmental entity does not need to file an SPR.
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Expenditure means “a payment, distribution, loan, advance, reimbursement, deposit, or anything
of value made by a lobbyist or principal for the purpose of lobbying. This may include public
relations expenditures (including but not limited to petitions, flyers, purchase of media time, cost
of print and distribution of publications) but does not include contributions or expenditures
reported pursuant to Chapter 106, Florida Statutes, or federal election law, campaign-related
personal services provided without compensation by individuals volunteering their time, any other
contribution or expenditure made by or to a political party, or any other contribution or expenditure
made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).” (See
Section 112.3215, Florida Statutes.) Professional fees paid by the principal to his/her lobbyist for
the purpose of lobbying are not deemed to be “expenditures.” (See Section 2-354, Orange County
Code.)
Lobbying means seeking “to encourage the approval, disapproval, adoption, repeal, rescission,
passage, defeat or modification of any ordinance, resolution, agreement, development permit,
other type of permit, franchise, vendor, Contractor, contractor, recommendation, decision or other
foreseeable action of the [BCC],” and “include[s] all communications, regardless of whether
initiated by the lobbyist or by the person being lobbied, and regardless of whether oral, written or
electronic.” (See Section 2-351, Orange County Code.) Furthermore, lobbying means
communicating “directly with the County Mayor, with any other member of the [BCC], or with
any member of a procurement committee.” (See Section 2-351, Orange County Code.) Lobbying
also
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Page 2
means communicating “indirectly with the County Mayor or any other member of the [BCC]” by
communicating with any staff member of the Mayor or any member of the BCC, the county
administrator, any deputy or assistant county administrator, the county attorney, any county
department director, or any county division manager. (See Section 2-351, Orange County Code.)
Lobbying does not include the act of appearing before a Sunshine Committee, such as the
Development Review Committee or the Roadway Agreement Committee other than the BCC.
Principal means “the person, partnership, joint venture, trust, association, corporation,
governmental entity or other entity which has contracted for, employed, retained, or otherwise
engaged the services of a lobbyist.” Principal may also include a person, partnership, joint
venture, trust, association, corporation, limited liability corporation, or other entity where it or its
employees do not qualify as a lobbyist under the definition set forth in Section 2-351 of the Orange
County Code but do perform lobbying activities on behalf of a business in which it has a personal
interest.
DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES?
Yes. It remains a continuing obligation of the principal or his/her authorized agent to update the
SPR whenever any of the information provided on the initial form changes.
WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED?
The SPR needs to be filed with the County Department or County Division processing the
application or matter. If and when an additional expenditure is incurred subsequent to the initial
filing of the SPR, an amended SPR needs to be filed with the County Department or County
Division where the original application, including the initial SPR, was filed.
WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED?
In most cases, the initial SPR needs to be filed with the other application forms. The SPR and any
update must be filed with the appropriate County Department or County Division not less than
seven (7) days prior to the BCC hearing date so that they may be incorporated into the BCC agenda
packet. (See Section 2-354(b), Orange County Code.) When the matter is a discussion agenda
item or is the subject of a public hearing, and any additional expenditure occurs less than 7 days
prior to BCC meeting date or updated information is not included in the BCC agenda packet, the
principal or his/her authorized agent is obligated to verbally present the updated information to the
BCC when the agenda item is heard or the public hearing is held. When the matter is a consent
agenda item and an update has not been made at least 7 days prior to the BCC meeting or the
update is not included in the BCC agenda packet, the item will be pulled from the consent agenda
to be considered at a future meeting.
WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR
AND ANY UPDATES?
The information disclosed on the SPR and any updates will be a public record as defined by
Chapter 119, Florida Statutes, and therefore may be inspected by any interested person. Also, the
information will be made available to the Mayor and the BCC members. This information will
accompany the other information for the principal’s project or item.
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Page 3
CONCLUSION:
We hope you find this FAQ useful to your understanding of the SPR. Please be informed that in
the event of a conflict or inconsistency between this FAQ and the requirements of the applicable
ordinance governing specific project expenditure reports, the ordinance controls.
Also, please be informed that the County Attorney’s Office is not permitted to render legal advice
to a principal, his/her authorized agent, or any other outside party. Accordingly, if after reading
this FAQ the principal, his/her authorized agent or an outside party has any questions, he/she is
encouraged to contact his/her own legal counsel.
Page 345 of 392
AGENT AUTHORIZATION FORM
I/We, (Print Bidder name) _________________________________________, Do hereby
authorize (print agent’s name), ____________________________________, to act as my/our
agent to execute any petitions or other documents necessary to affect the CONTRACT approval
PROCESS more specifically described as follows, (IFB NUMBER AND
TITLE)________________________________, and to appear on my/our behalf before any
administrative or legislative body in the county considering this CONTRACT and to act in all
respects as our agent in matters pertaining TO THIS CONTRACT.
Signature of Bidder Date
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐
online notarization, this _____ day of ________________, 20__, by
__________________________________ [NAME OF PERSON], as
______________________________________ [TYPE OF AUTHORITY,… e.g. officer, trustee, etc.)]
for _____________________________[NAME OF PARTY ON BEHALF OF WHOM
INSTRUMENT WAS EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT.
§117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
Page 346 of 392
LEASED EMPLOYEE AFFIDAVIT
I affirm that an employee leasing company provides my workers’ compensation coverage. I
further understand that my contract with the employee leasing company limits my workers’
compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover
un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor
exposure.
I hereby certify that 100% of my workers are covered as worksite employees with the
employee leasing company. I certify that I do not hire any casual or uninsured labor outside the
employee leasing arrangement. I agree to notify the County in the event that I have any workers not
covered by the employee leasing workers’ compensation policy. In the event that I have any workers
not subject to the employee leasing arrangement, I agree to obtain a separate workers’ compensation
policy to cover these workers. I further agree to provide the County with a certificate of insurance
providing proof of workers’ compensation coverage prior to these workers entering any County
jobsite.
I further agree to notify the County if my employee leasing arrangement terminates with the
employee leasing company and I understand that I am required to furnish proof of replacement
workers’ compensation coverage prior to the termination of the employee leasing arrangement.
I certify that I have workers’ compensation coverage for all of my workers through the employee
leasing arrangement specified below:
Name of Employee Leasing Company:
Workers’ Compensation Carrier:
A.M. Best Rating of Carrier:
Inception Date of Leasing Arrangement:
I further agree to notify the County in the event that I switch employee-leasing companies. I
recognize that I have an obligation to supply an updated workers’ compensation certificate to the
County that documents the change of carrier.
Name of Contractor:
Signature of Owner/Officer:
Title: Date:
Page 347 of 392
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the bidder is submitting as a joint venture, please be advised that this form MUST be completed
and the REQUESTED written joint-venture agreement MUST be attached and submitted with
this form.
HOWEVER, IF THE BIDDER IS NOT A JOINT VENTURE, CHECK THE FOLLOWING
BLOCK: ( ) NOT APPLICABLE
1. Name of joint venture: _____________________________________________
2. Address of joint venture: ____________________________________________
3. Phone number of joint venture: _______________________________________
4. Identify the firms which comprise the joint venture:________________________
______________________________________________________________________
______________________________________________________________________
5. Describe the role of the MWBE / Labor Surplus Area(LSA) Firm (if applicable) in the joint
venture:________________________________________________________
______________________________________________________________________
______________________________________________________________________
6. Provide a copy of the joint venture's written contractual agreement.
7. What is the claimed percentage of ownership and identify any MWBE/LSA partners (if
applicable)?
______________________________________________________________________
______________________________________________________________________
Page 348 of 392
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY – PAGE 2
8. Ownership of joint venture: (This need not be filled in if described in the joint venture
agreement provided by question 6.)
(a) Profit and loss sharing:
_____________________________________________________
_____________________________________________________
(b) Capital contributions, including equipment:
_____________________________________________________
_____________________________________________________
(c) Other applicable ownership interests:
_____________________________________________________
9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those
individuals (and their titles) who are responsible for day-to-day management and policy
decision making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:___________________________________________
(b) Management decisions, such as:
(1) Estimating:
_____________________________________________________
_____________________________________________________
_____________________________________________________
(2) Marketing and sales:
_____________________________________________________
_____________________________________________________
_____________________________________________________
(3) Hiring and firing of management personnel:
_____________________________________________________
_____________________________________________________
_____________________________________________________
Page 349 of 392
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY – PAGE 3
(4) Purchasing of major items or supplies:
_____________________________________________________
_____________________________________________________
_____________________________________________________
(c) Supervision of field operations:
_____________________________________________________
_____________________________________________________
_____________________________________________________
NOTE: If, after filing this form and before the completion of the joint venture's work on the
subject contract, there is any significant change in the information submitted, the joint
venture must inform the County in writing.
* Joint venture must be properly registered with the Florida Division of Corporations
before the contract award and the name of the Joint Venture must be the same
name used in the Bid Response.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all material
information necessary to identify and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking. Further, the undersigned covenant
and agree to provide to the County current, complete and accurate information regarding actual
joint venture work and the payment therefore and any proposed changes in any of the joint venture.
Also, permit authorized representatives of the County to audit and examine records of the joint
venture. Any material misrepresentation will be grounds for terminating any contract which may
be awarded and for initiating action under Federal or State laws concerning false statements."
Name of Firm: ______________________ Name of Firm: ____________________
Signature: _________________________ Signature: _______________________
Name: ____________________________ Name: __________________________
Title: _____________________________ Title: ___________________________
Date: ____________________________ Date: ___________________________
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY – PAGE 4
Page 350 of 392
Date _________________________
State of _________________________
County of _________________________
AFFIDAVIT
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐
online notarization, this _____ day of ________________, 20__, by
__________________________________ [NAME OF PERSON], as
______________________________________ [TYPE OF AUTHORITY,… e.g. officer, trustee,
etc.)] for _____________________________[NAME OF PARTY ON BEHALF OF WHOM
INSTRUMENT WAS EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA.
STAT. §117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
Page 351 of 392
ORANGE COUNTY, FLORIDA Procurement Division
Page 1
CONTRACT NO. Y23-105-MV
MOTOR FUEL TRANSPORT DELIVERIES
This contract is not valid unless bilaterally executed. Subject to mutual agreement Orange County, Florida,
hereby enters into a contract subject to the following:
1. Ordering against Contract:
A. Unless otherwise specified in the Invitation for Bids, the County will place orders by
issuance of a numbered Delivery Order against this contract. Each Delivery Order will
specify the quantity, description and location for deliver.
B. The obligations of Orange County under this contract are subject to need and availability
of funds lawfully appropriated for its purpose by the Board of County Commissioners or
other funding source as specified in the terms and conditions.
2. Taxes:
The County has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal
Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C-0.
3. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract number and the Delivery
Order to:
Orange County Fleet Management
4400 S. Vineland Road
Orlando, FL 32811
Phone (407) 836-8210
B. Invoices against this contract are authorized only at the prices stated in your bid response, unless
otherwise provided in the Invitation for Bids.
Page 352 of 392
Page 2
4. Counterpart (1):
Bidder’s Irrevocable Offer and Acceptance
A. The Bidder hereby submits an irrevocable offer in response to Invitation for Bids No. Y23-105-
MV, MOTOR FUEL TRANSPORT DELIVERIES - Term Contract, subject to all general
terms and conditions and special terms and conditions therein without exception.
B. All requirements contained in any addenda to the solicitation for this procurement are part of
and hereby incorporated into this contract.
C. Debarment, Suspension, Ineligibility and Voluntary Exclusion
By executing Counterpart (1) the Bidder affirms that it is in compliance with the requirements
of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
________________________________________
(COMPANY NAME)
BY: (Authorized Signatory
(Name)
(Title)
DATE: __________________________________
NOTICES: __________________________________(Address)
__________________________________(Address)
__________________________________(City, State Zip)
__________________________________(Phone)
__________________________________(Email)
5. Counterparts. This Agreement may be executed in two identical counterparts, all of which shall be
considered one and the same agreement and shall become effective when both counterparts have been
signed by each party and delivered to the other party.
Counterpart (1) shall be executed by the bidder and included in the sealed bid response.
Counterpart (2) may be executed by the County Procurement Division to formalize Acceptance of Bidders
Offer and Contract Award.
Page 353 of 392
Page 3
6. Counterpart (2):
Orange County’s Acceptance of Bidder’s Offer and Contract Award
A. The County’s acceptance of the Bidder’s offer in response to our Invitation for Bids No. Y23-
105-MV, MOTOR FUEL TRANSPORT DELIVERIES - Term Contract.
B. This contract is effective EFFECTIVE DATE, and shall remain in effect through EXPIRATION
DATE.
C. The estimated contract award for the initial term of the contract is
$______________________
D. This is a term contract for the time period specified in the referenced Invitation for Bids, for the
products/services covered by this contract. The County is not obligated to purchase any
minimum amount of products or services, unless otherwise stipulated in the Invitation for Bids.
The bidder is granted authorization to proceed to perform services upon receipt of duly executed
Delivery Order.
E. This contract may be renewed as provided in the Invitation for Bids.
F. Any amendments modifying the terms, conditions or scope of this contract must be in writing
and signed by both parties. Such amendment(s) must be signed by the representative of the
Orange County Procurement Division to be valid, binding, and enforceable.
G. This contract may be cancelled or terminated as provided for in the Invitation for Bids.
ORANGE COUNTY, FLORIDA
BY: __________________________________
Zulay Millan, Assistant Manager
Procurement Division
DATE: __________________________________
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2ND FLOOR
ORLANDO, FLORIDA 32801
(407) 836- 5635
Page 354 of 392
ATTACHMENT A – DELIVERY SCHEDULE
LOCATION TANK CAPACITY
IN GALLONS
FUEL A = Above
Ground
B = Below
Ground
ORANGE COUNTY GOVERNMENT
Estimated Total Annual Usage in Gallons
1,500,000, 87 Octane, E-10
10,000, 89 Octane, E-10
10,000, E-85
10,000, ULS Diesel
1,010,000, Dyed ULS Diesel
4400 Vineland Rd., Orlando, FL 15,000 87
Octane
B
15,000 87
Octane
B
15,000 87
Octane
B
15,000 Dyed
Diesel
B
15,000 Dyed
Diesel
B
12,000 87
Octane
A
1111 N. Rock Springs Rd., Apopka, FL 15,000 87
Octane
B
475 Story Rd., Ocoee, FL 15,000 87
Octane
B
12050 E. Colonial Dr., Union Park, FL 15,000 87
Octane
B
1621 Alafaya, Tr., Orlando, FL 500 87
Octane
A
10,000 Diesel B
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
Page 355 of 392
3258 Clarcona Rd., Apopka, FL 12,000 87
Octane
A
15,000 Dyed
Diesel
A
644 Beulah Rd., Winter Garden, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
3500 Goldengem Road, Zellwood, FL 15,000 87
Octane
B
15, 000 Dyed
Diesel
B
11442 Intermodal Way, Taft, FL 15,000 87
Octane
B
15, 000 Dyed
Diesel
B
4561 Young Pine Road, Orlando, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
2530 Forsyth Rd., Orlando, FL 15,000 87
Octane
B
12,000 Dyed
Diesel
B
18735 Old Cheney Hwy., Bithlo, FL 15,000 87
Octane
B
15,000 Dyed
Diesel
B
5901 Young Pine Rd., Orlando, FL 10,000 Dyed
Diesel
A
12100 Young Pine Rd., Orlando, FL 1,000 87
Octane
A
1,000 87
Octane
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
Page 356 of 392
1326 Good Homes Road (Formerly 8750
White Rd.), Orlando, FL
500 87 Octane A
500 Dyed Diesel A
5000 L.B. McLeod Road, Orlando, FL 500 Dyed Diesel A
9100 Curry Ford Rd., Orlando, FL 10,000 Dyed
Diesel
A
10,000 Dyed
Diesel
A
1621 S. Alafaya Trail, Orlando, FL 12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
4200 John Young Parkway, Orlando, FL 15,000 Dyed
Diesel
B
4760 Sand Lake Rd., Orlando, FL 12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
12,000 Dyed
Diesel
A
10,000 Dyed
Diesel
A
16,000 Dyed
Diesel
B
701 W. McCormick Rd., Apopka, FL 12,000 Dyed
Diesel
B
8100 President Drive Orlando FL 15,000 87
Octane
B
20,000 Dyed
Diesel
B
CITY OF ALTAMONTE SPRINGS
Estimated Annual Usage in Gallons
200,000, 87 Octane, E-10
120,000, ULS Diesel
20,000, Dyed ULS Diesel
Page 357 of 392
975 Calabria Dr. Altamonte Springs, FL 10,000 87
Octane
B
4,000 Diesel B
497 West Dr., Altamonte Springs, FL 10,000 87
Octane
B
4,000 Diesel B
952 Keller Rd., Altamonte Springs, FL 8,000 Dyed
Diesel
A
CITY OF OCOEE
Estimated Annual Usage in Gallons
119,000, 87 Octane, E-10
58,400, ULS Diesel
301 Maguire Rd., Ocoee, FL 10,000 87
Octane
A
10,000 Diesel A
CITY OF WINTER PARK
Estimated Annual Usage in Gallons
170,890, 89 Octane, E-10
90,842, ULS Diesel
12,000, Dyed ULS Diesel
1409 Howell Branch Rd., Winter Park,
FL
10,000 89
Octane
B
10,000 Diesel B
500 N. Virginia Dr., Winter Park, FL 10,000 89
Octane
B
10,000 Diesel B
ORLANDO UTILITIES COMMISSION
Estimated Annual Usage in Gallons
210,000, 87 Octane, E-10
60,000 ULS Diesel
230,000 Bio Diesel B20
30,000 Dyed Diesel
95,000 E-85
6025 Pershing Ave., Orlando, FL 10,000 87 A
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Octane
10,000 Diesel A
10,000 E85 A
2,000 Dyed
Diesel
A
1,000 Dyed
Diesel
A
3824 Gardenia Ave., Orlando, FL 10,000 87
Octane
A
10,000 Diesel A
10,000 E85 A
1,000 Dyed
Diesel
A
5200 Holopaw Road, Saint Cloud, FL 1,000 87
Octane
A
500 Diesel A
7800 US highway 1, Titusville, FL 1,000 87
Octane
A
5100 Alafaya Trail, Orlando, FL 10,000 87
Octane
A
20,000 Diesel A
2725 S. Conway Road, Orlando, FL 4,000 Dyed
Diesel
A
1,800 Dyed Diesel A
1552 Truman Road, Orlando, FL 6,000 Dyed Diesel A
1020 Highland Ave. Orlando, FL 100 Dyed Diesel A
5601 Santa Anita Drive, Orlando, FL 6,000 Dyed Diesel A
100 Dyed Diesel A
4070 S. Kirkman Road, Orlando, FL 400 Dyed Diesel A
400 Dyed Diesel A
6825 Wallace Road, Orlando, FL 6,000 Dyed Diesel A
6,000 Dyed Diesel A
502 W. Sand Lake Road, Orlando, FL 7,000 Dyed Diesel A
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500 Dyed Diesel A
12386 Lake Nona Gateway Drive,
Orlando, FL
6,000 Dyed Diesel A
100 W. Anderson Street, Orlando, FL 1,000 Dyed Diesel A
110 W. Andes Street, Orlando, FL 1,000 Dyed Diesel A
SEMINOLE COUNTY GOVERNMENT
Estimated Annual Usage in Gallons
300,000, 87 Octane
600,000 ULS Diesel
8,000 Dyed ULS Diesel
141 Bush Loop, Sanford, FL 20,000 87
Octane
B
20,000 Diesel B
30,000 Diesel B
1910 E. Osceola Rd., Geneva, FL 12,000 87
Octane
A
12,000 Diesel A
150 Bush Blvd., Sanford, FL 10,000 Diesel A
CITY OF COCOA
Estimated Annual Usage in Gallons
260,900, 87 Octane, E-10
70,000, ULS Diesel
5,200, Pre-93 Non-Eth
190,000, DULS-Diesel Gen
301 Shearer, Cocoa, FL 18,000 Dual
Compartment
87
Octane
A
10,000 Diesel A
2,000 DULS-
Diesel
Gen
A
250 DULS-
Diesel
Gen
A
500 Pre-93
Non-
Ethanol
A
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155 N. Wilson Ave., Cocoa, FL 250 DULS-
Diesel
Gen
A
65 Stone Street, Cocoa, FL 2,000 DULS-
Diesel
Gen
A
1225 W. King Street, Cocoa, FL 2,000 DULS-
Diesel
Gen
A
28400 SR 520 Christmas, FL 10,000 DULS-
Diesel
Gen
A
10,000 DULS-
Diesel
Gen
A
10,000 DULS-
Diesel
Gen
A
2,000 87
Octane
A
500 Diesel A
17000 Weewahootee Road, Orlando, FL 10,000 DULS-
Diesel
Gen
A
1950 E. Merritt Island Causeway, Merritt
Island, FL
2,000 DULS-
DIESEL
GEN
A
Taylor Creek (no physical address
provided)
4,000 DULS-
DIESEL
GEN
A
Well 8T (no physical address provided) 500 DULS-
DIESEL
GEN
A
Well 23 (no physical address provided) 1,000 DULS-
DIESEL
GEN
A
Well 24 (no physical address provided) 1,000 DULS-
DIESEL
GEN
A
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Well 25 (no physical address provided) 1,000 DULS-
DIESEL
GEN
A
Well 1 – 7 & 9 – 22 (no physical address
provided)
16 each, 500
gallons
DULS-
DIESEL
GEN
BAST (Base
Above-Ground
Storage Tank)
Well 26 – 30 (no physical address
provided)
5 each, 250
gallons
DULS-
DIESEL
GEN
BAST
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ATTACHMENT B
INVOICE REQUIREMENTS FOR FLEET MANAGEMENT DIVISION
A. All invoices related to Fleet Management shall be billed to Orange County Fleet
Management, 4400 Vineland Rd Orlando FL 32811.
B. Fleet Management shall have its own account with vendor and not combined with
other ordering divisions in Fleet Management’s account.
C. Contractor shall provide a monthly statement of Fleet Management’s account via
email to Michelle Janes, Financial Advisor at michelle.janes@ocfl.net.
D. Invoices shall be presented at time of delivery or within three (3) business days to
the individual who placed the order at Fleet Management.
E. Only contracted items may be invoiced together. Any non-contract items shall be
invoiced separately and paid for with a P-card (Visa) at time of order. Contractor
responsible for obtaining P-card information at time of order.
F. Invoices shall include Contract Number, current date, Delivery Order number, fuel
location and contracted pricing, and contracted product based on the awarded bid
lots and listed by each line of lot.
G. Credit memos shall include a copy of the original invoice with it.
H. A valid invoice shall include the following:
Contract number being billed under
Reference to the Delivery Order/ Purchase Order Number
Delivery Dates/ Service Dates
Itemization of Goods Delivered/ Services Rendered
Itemized charges and unit prices in accordance with the Bid Response Form
Fuel location
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