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Item #12 Approval of Term Contract with Petroleum Traders Corporation for Motor Fuels for Transport Load Deliveries /dr ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 19, 2017 Item # /a Reviewed By: /// Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: //��j/'' Subject: Term Contract for Motor Fuels —Transport Load Deliveries. 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 16, 2014, for bulk transport loads delivered to the Public Works complex and tank wagon loads delivered to remote sites throughout the City. The contract for providing the bulk transport load deliveries has been rebid and renewed through the same vendor. This change in contracts requires Commission approval per the Purchasing Codes within the fiscal year which the new contract is utilized. Public Works is requesting Commission approval to utilize the new contract with Petroleum Traders Corp. for as long as the contract remains valid. Issue: Request the City Commission approve the purchase of petroleum products through the existing Orange County term contract via the Central Florida Purchasing Cooperative for bulk transport load deliveries. Recommendations Recommend the City Commission approve the purchase of petroleum products through the Orange County Term Contract No. Y17-1070-MV, Motor Fuels — Transport Load Deliveries with Petroleum Traders Corp. for as long as the contract remains valid and up to the amounts incorporated into the budget. Attachments: Orange County Contract Y17-1070-MV, Petroleum Traders Corp. Financial Impact: The purchase of petroleum products is adequately funded through the fuel, oil and lubricant line items in the budget. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 PROCUREMENT DIVISION 741 J CARRIE WOODELL, MPA, CFCM, CPPO, C.P.M., APP, Manager iuNTY 400 E South Street 2id Floor x Reply To: Post Office Box 1393,Orlando, FL 32802-1393 iOVERNMENT PH: 407-836-5635 FAX: 407-R36-5}199 LORIDA TERM CONTRACT NO. Y17-1070-MV MOTOR FUELTRANSPORT DELIVERIES TO: Petroleum Traders Corporation 7120 Pointe Inverness Way Fort Wayne, Indiana 46804 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: TERMS AND CONDITIONS 1. Acceptance: This contract is our acceptance of1,.your offer in response to our Invitation for Bids No. Y17-1070-MV, MOTOR FUEL TRANSPORT DELIVERIES - Term Contract, and is subject to all terms and conditions therein. 2. Term of Contract: A. This is a term contract for the time period specified in the referenced Invitation for Bids, for the products/services covered by this contract. The County is not obligated to purchase any minimum amount of products or services, unless otherwise stipulated in the Invitation for Bids. B. This contract is effective July 21, 2017, and shall remain in effect through July 20, 2018. The estimated contract award for this period is $9,837,410. C. This contract may be renewed upon mutual agreement as provided in the Invitation for Bids. Any amendments to this contract must be in writing and signed by both parties. Such amendment(s) must be signed by the representative of the Orange County Procurement Division to be valid, binding, and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation for Bids. Page 1 of 2 3. Ordering against Contract: A. Unless otherwise specified in the Invitation for Bids, the County will place orders by issuance of a numbered Delivery Order against this contract. Each Delivery Order will specify the quantity, description and location for delivery. B. The obligations of Orange County under this contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners. 4. Taxes: The County has the following tax exemption certificates assigned. A. Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal Revenue Code; B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C- 0. 5. Invoicing: A. Invoices must be submitted, in duplicate, referencing this contract number and the Delivery Order to: Orange County Fleet Management 4400 S. Vineland Rd. Orlando, FL 32811 Phone (407) 836-8210 B. Invoices against this contract are authorized only at the prices stated in your bid response, unless otherwise provided in the Invitation for Bids. 6. All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA BY: VI-ArAD,-) Procurement Division DATE: 91141 Page 2 of 2 444 BID RESPONSE FORM IFB#Y17-1070-MV **REVISED** 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 TAFT TERMINAL ITEM NO. DESCRIPTION LOT 1, UNLEADED GASOLINE, Transport Loads, as specified 1. 87 Octane, 7,000+ gallon quantity $ -0.0011 per gallon 2. 89 Octane, 7,000+gallon quantity $ -0.0016 per gallon 3. 93 Octane, 7,000+ gallon quantity $ -0.0241 per gallon Total annual estimated quantity Lot 1 — 1,982,964 gallons LOT 2, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified 4. 7,000 + gallon quantity $ +0.0041 per gallon Undyed for motor vehicles 5. 7,000 + gallon quantity $ +0.0008 per gallon Dyed diesel for off road use Total annual estimated quantity Lot 2 — 1,712,000 gallons Petroleum Traders Corporation Company Name Page 28A 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 3, ETHANOL, Transport Loads, as specified 6. E-85 unleaded gasoline, 7,000+ gallon quantity $ -0.1134 per gallon Total annual estimated quantity Lot 3 —40,000 gallons FIXED DISCOUNT (-) OR MARK-UP (+) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE TAFT TERMINAL LOT 4, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 7. B-10 undyed, 7,000+gallon quantity $ +0.0332 per gallon 8. B-20 undyed, 7,000+ gallon quantity $ +0.0332 per gallon 9. B-10 dyed, 7,000+ gallon quantity $ +0.0376 per gallon 10. B-20 dyed, 7,000+ gallon quantity $ +0.0376 per gallon Total annual estimated quantity Lot 4— 100,000 gallons Petroleum Traders Corporation Company Name Page 29A 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 5, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 11. B-10 undyed, 7,000+ gallon quantity $ +0.0332 per gallon 12. B-20 undyed, 7,000+ gallon quantity $ +0.0332 per gallon 13. B-10 dyed, 7,000+ gallon quantity $ +0.0376 per gallon 14. 8-20 dyed, 7,000+ gallon quantity $ +0.0376 per gallon Total annual estimated quantity Lot 5 —100,000 gallons Petroleum Traders Corporation Company Name IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the County's bid documents(s). Inclusion of additional terms and conditions such as those which may be on your company's standard forms shall result in your bid being declared non-responsive as these changes will be considered a counteroffer to the County's bid. Delivery shall be no later than 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, Senior Purchasing Agent, at Meiisa.Vergaraa!ocfl.net Page 30A THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS: Company Name: Petroleum Traders Corporation NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID. TIN#: 35-1462227 D-U-N-S®# 02-164-0487 7120 Pointe Inverness Way Fort Wayne (Street No. or P.O. Box Number) (Street Name) (City) Allen Indiana 46804 (County) (State) (Zip Code) Contact Person: Gayle Newton, Contract Sales Manager Phone Number: Fax Number: 800-348-3705, option 4 260-203-3820 Email Address: gnewton@petroleumtraders.com EMERGENCY CONTACT Emergency Contact Person: Gayle Newton, Contract Sales Manager Telephone Number: 800-348-3705, option 4 Cell Phone Number: 260-710-3103 Residence Telephone Number: N/A Email: gnewton@petroleumtraders.corn 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 scope of work/services, delivery time, performance period, quantities, bonds, letters of credit, insurance, or qualifications. Addendum No. one , Date 5/1/2017 Addendum No. , Date Addendum No. two , Date 5/12/2017 Addendum No. , Date Page 31 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 Gayle Newton Contract Sales Manager 800-348-3705 x 1002/gnewton@petroleumtraders.com Linda Stephens Vice President 800-348-3705 x 6344/lstephens@petroleumtraders.com Vicki L Nimes Vice President 800-348-3705 x 1002/gnewton@petroleumtraders.com 5/16/2017 (Signature) Linda tephens (Date) Vice President (Title) Petroleum Traders Corporation (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 X Corporation State of Incorporation: Indiana Principal Place of Business (Florida Statute Chapter 607): Fort Wayne/Allen/Indiana 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 35-1462227 Page 32 DRUG-FREE WORKPLACE FORM The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that Petroleum Traders Corporation does: Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 thru 5. As the person authorized to sign this statement, I certify that this firm complies fully with above requirements. 04-dder's Si•nature Linda Stephens,Vice President 5/16/2017 Date SCHEDULE OF SUBCONTRACTING IFB NO.Y17-1070-MV As specified in the General Terms and Conditions and the Bid Preference Clause in the Special Terms and Conditions, bidders are to present the details of subcontractor participation. Is the Sub- Contractor a Type of Work to Percent and Name Of Subcontractor Certified Address be Performed dollar amount MIWBE with of Contract Orange County Amount to be Government? Subcontracted 20Florida Rock&Tank Lines No Jacksonville,c W Forsyth FL St 32202#702 Delivery of Fuel 25% Gulf Coast Tank Lines No 19732 Prince Benjamin Dr Delivery of Fuel 25% Lutz,FL 33549 JS Weipz Enterprises No 315 S.Brooksville Delivery of Fuel 25% Brooksville,FL 34601 Penn Tank Lines 300 Loinville Station Rd No Chester Springs,PA 19425 Delivery of Fuel 25% Company Name: Petroleum Traders Corporation • CONFLICT/NON-CONFLICT OF INTEREST STATEMENT CHECK ONE [x] 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 [x] 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. Petroleum Traders Corporation COMP YNAMEJCLRIZED SIGNAT RE Linda Stephens NAME (PRINT OR TYPE) Vice President TITLE Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and/or judgments, may result in disqualification of your bid. E VERIFICATION CERTIFICATION Contract No.Y17-1070-MV I hereby certify that I will utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing the use of the system to confirm the employment eligibility of the individuals classified below. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida statutes. All persons, including subcontractors.and their workforce, who will perform work under Contract No.Y17-1070-MV, Motor Fuel Transport Deliveries, within the state of Florida. NAME OF CONTRACTOR: Petroleum Traders Corporation ADDRESS OF CONTRACTOR: 7120 Pointe Inverness Way Fort Wayne, IN 46804 p4c—c. AUTHORIZED SIGNATURE: TITLE: Linda Stephens,Vice President DATE: 5/16/2017 May 1, 2017 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA IFB #Y17-1070-MV MOTOR FUEL TRANSPORT DELIVERIES ADDENDUM NO. 1 The above Invitation for Bids is changed as follows: 1. Pages 28-30 of the Bid Response Form are replaced with the attached pages 28A-31A. IMPORTANT: Failure to submit your bid with the "Revised Bid Response Form" per this Addendum shall be cause for your bid to be rejected as non- responsive. 2. Pages 59-64 of the Delivery Schedule (Attachment A) are replaced with the attached pages 59A-66A. All other specifications, terms and conditions remain the same. ACKNOWLEDGEMENT OF ADDENDA The bidder shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of the bid. Receipt acknowledged by: Authorized Signer Date Signed Title Name of Bidder IFB #Y17-1070-MV Addendum No. 1 Page 1 of 13 BID RESPONSE FORM IFB #Y17-1070-MV **REVISED** 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 TAFT TERMINAL ITEM NO. DESCRIPTION LOT 1, UNLEADED GASOLINE, Transport Loads, as specified 1. 87 Octane, 7,000+ gallon quantity $ per gallon 2. 89 Octane, 7,000+ gallon quantity $ per gallon 3. 93 Octane, 7,000+ gallon quantity $ per gallon Total annual estimated quantity Lot 1 — 1,982,964 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 — 1,712,000 gallons Company Name Page 28A 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 3, ETHANOL, Transport Loads, as specified 6. E-85 unleaded gasoline, 7,000+ gallon quantity $ per gallon Total annual estimated quantity Lot 3 —40,000 gallons FIXED DISCOUNT (-) OR MARK-UP (+) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE TAFT 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 — 100,000 gallons Company Name Page 29A 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 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 — 100,000 gallons Company Name IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the County's bid documents(s). Inclusion of additional terms and conditions such as those which may be on your company's standard forms shall result in your bid being declared non-responsive as these changes will be considered a counteroffer to the County's bid. Delivery shall be no later than 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, Senior Purchasing Agent, at Melisa.Vergara(a�ocfl.net Page 30A Bid Response Documents -The following documents constitute your bid: A. Bid Response Form, Authorized Signatories/Negotiators, Drug-Free Workplace, Schedule of Sub-contracting, Conflict/Non-Conflict of Interest Form, E- Verification Certification, and current W9, Relationship Disclosure Form and Orange County Specific Project Expenditure Report. Please make sure forms are fully executed where required. B. Qualifications of Bidders information, per Special Terms and Conditions. C. Completed attached reference documentation. D. Descriptive literature or detailed specifications for any equal products proposed. Page 31A ATTACHMENT A— DELIVERY SCHEDULE LOCATION TANK FUEL A =Above CAPACITY Ground IN GALLONS B = Below Ground ORANGE COUNTY GOVERNMENT Estimated Annual Usage in Gallons 1,882,964, 87 Octane, E-10 10,000, 89 Octane, E-10 40,000, E-85 10,000, ULS Diesel 1,612,000, Dyed ULS Diesel 4400 Vineland Rd., Orlando, FL 15,000 87 B Octane 15,000 87 B Octane 15,000 87 B Octane 15,000 Diesel B 15,000 Diesel B 12,000 E85 A 1111 N. Rock Springs Rd., Apopka, FL 15,000 87 B Octane 475 Story Rd., Ocoee, FL 15,000 87 B Octane 12050 E. Colonial Dr., Union Park, FL 15,000 87 B Octane Page 59A LOCATION TANK FUEL A =Above CAPACITY Ground IN GALLONS B = Below Ground 1621 Alafaya, Tr., Orlando, FL 10,000 87 B Octane 10,000 Diesel B 3258 Clarcona Rd., Apopka, FL 15,000 87 B Octane 15,000 Diesel B 644 Beulah Rd., Winter Garden, FL 15,000 87 B Octane 15,000 Diesel B 4651 Young Pine Road, Orlando, FL 15,000 87 B Octane 15,000 Diesel B 2530 Forsyth Rd., Orlando, FL 15,000 87 B Octane 12,000 Diesel B 18735 Old Cheney Hwy., Bithlo, FL 15,000 87 B Octane 15,000 Diesel B 1621 S. Alafaya Tr., Orlando, FL 10,000 87 B Octane 10,000 Diesel B 10,000 Diesel B Page 60A LOCATION TANK FUEL A=Above CAPACITY Ground IN GALLONS B = Below Ground 5901 Young Pine Rd., Orlando, FL 10,000 Dyed A Diesel 12100 Young Pine Rd., Orlando, FL 10,000 87 A Octane 12,000 Dyed A Diesel 12,000 Dyed A Diesel 1326 Good Homes Rd., Orlando, FL 550 87 B Octane 12,000 Dyed B Diesel 9100 Curry Ford Rd., Orlando, FL 10,000 Dyed A Diesel 9100 Curry Ford Rd., Orlando, FL 10,000 Dyed A Diesel 1621 S. Alafaya Trail, Orlando, FL 12,000 Dyed A Diesel 12,000 Dyed A Diesel 12,000 Dyed A Diesel 4760 Sand Lake Rd., Orlando, FL 12,000 Dyed A Diesel 12,000 Dyed A Page 61A LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground Diesel 12,000 Dyed A Diesel 10,000 Dyed A Diesel 16,000 Dyed B Diesel 701 W. McCormick Rd., Apopka, FL 12,000 Dyed B Diesel 8100 President Drive Orlando FL 15,000 87 B Octane 20,000 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. 10,000 87 B Octane 4,000 Diesel B 497 West Dr., Altamonte Springs, FL 10,000 87 B Octane 4,000 Diesel B Page 62A LOCATION TANK FUEL A =Above CAPACITY Ground IN GALLONS B = Below Ground 952 Keller Rd., Altamonte Springs, FL 8,000 Dyed A Diesel CITY OF SANFORD Estimated Annual Usage in Gallons 210,947, 89 Octane, E-10 65,358, ULS Diesel 800 W. Fulton St., Sanford, FL 10,000 89 B Octane 10,000 Diesel B 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 A Octane 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 Page 63A LOCATION TANK FUEL A =Above CAPACITY Ground IN GALLONS B = Below Ground 1409 Howell Branch Rd., Winter Park, FL 10,000 89 B Octane 10,000 Diesel B 500 N. Virginia Dr., Winter Park, FL 10,000 89 B Octane ORLANDO UTILITIES COMMISSION Estimated Annual Usage in Gallons 206,817, 87 Octane, E-10 3,961 ULS Diesel 226,615 Bio Diesel B20 6025 Pershing Ave., Orlando, FL 10,000 87 A Octane 10,000 Diesel A 3824 Gardinia Ave., Orlando, FL 10,000 87 A Octane 10,000 Diesel A 5100 Alafaya Trail, Orlando, FL 10,000 87 A Octane SEMINOLE COUNTY GOVERNMENT Estimated Annual Usage in Gallons 300,000, 87 Octane 600,000 ULS Diesel Page 64A LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground 8,000 Dyed ULS Diesel 141 Bush Loop, Sanford, FL 20,000 87 B Octane 20,000 87 B Octane 20,000 Diesel B 30,000 Diesel B 1910 E. Osceola Rd., Geneva, FL 12,000 87 A Octane 12,000 Diesel A 150 Bush Blvd., Sanford, FL 10,000 Diesel A CITY OF MELBOURNE Estimated Annual Usage in Gallons 65,000, 87 Octane, E-10 60,000, ULS Diesel 2901 Harper Rd., Melbourne, FL 12,000 87 B Octane 12,000 Diesel B CITY OF COCOA Estimated Annual Usage in Gallons 235,807- 87 Octane Page 65A LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground 32,900 - ULS #2 Diesel 40,750 - B20 Diesel 190,100 - Dyed Diesel 301 Shearer, Cocoa FL (Fleet Maintenance) 10,000 B20 A Diesel 10,000 87 B Octane 12,000 87 B Octane 28400 E. Hwy 520, Christmas FL (Dyal Plant) 10,000 Dyed A Diesel 10,000 Dyed A Diesel 10,000 Dyed A Diesel Wewahootee Rd, Pumping Station, Cocoa FL 10,000 Dyed A Diesel Page 66A May 12, 2017 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA IFB #Y17-1070-MV MOTOR FUEL TRANSPORT DELIVERIES ADDENDUM NO. 2 The above Invitation for Bids is changed as follows: A. The Special Terms and Conditions are changed as follows; additions are indicated by underline. 26. CENTRAL FLORIDA PURCHASING COOPERATIVE (CFPC) This solicitation is for a cooperative contract which Orange County is the Lead Agency. Estimated usage is provided in Attachment A (Delivery Schedule) referenced in Addendum 1 for the following agencies: Orange County Government, City of Altamonte Springs, City of Sanford, City of Ocoee, City of Winter Park, Orlando Utilities Commission (OUC), Seminole County, City of Melbourne, City of Cocoa. B. The following are questions, with respective answers, for the above Invitation for Bids: 1. Question — How many days does the County currently pay in? Answer — Payment shall be in accordance with Florida State Statute 218.70, Local Government Prompt Payment Act. Please see Special Terms and Conditions Section 12. 2. Question — How does the County currently pay? Is ACH/EFT an option? Answer — There are currently two payment methods. Payments by check or by Electronic Funds Transfer (EFT). For EFTs the money is deposited into the vendor's checking account. The vendor is sent an email confirmation of the payment with the same information that would be on a check stub. 3. Question —Who is the current vendor? Answer - Current contract number is Y14-1022 A & B. The vendors awarded are Petroleum Traders Corporation and Mansfield Oil Company. You may search the Orange County website under Term Contracts for more information. http://apps.ocfl.net/OrangeBids/TermContracts/listtermcontract.asp?submitted =1 IFB #Y17-1070-MV Addendum No. 2 Page 1 of 12 4. Question — What is the annual volume of each bio blend and gasoline blend requested? Answer— There are several types of fuel on the contract for an "in the event" scenario and currently have not purchased in the last year, but need to be on there regardless. Most purchased fuel types are 87 Octane, Dyed Diesel, E85. Please see Attachment 1 —Yearly Usage of this Addendum. 5. Question —When is the award date? 6. Answer—This contract will be awarded tentatively by the end of June 2017. 7. Question —When is the start date of the contract? Answer—The start date of the contract will be approximately July 6, 2017. 8. Question —When is the first board meeting after the opening? Answer— The tentative date for the Board approval is June 20, 2017. 9. Question —Will a decision to award be made before or at the Board meeting? Answer—A decision to award will be made after Board approval. 10.Question —Will the bid opening be publicly held? If so, what will the date, time and location be? Answer — Bid opening is publicly held. Please see cover page of the IFB for date, time and location. 11.Question —What information will you be reading out loud at the bid opening? Answer—Vendor name and line by line pricing. 12. Question — Can we have a list of bidders invited to submit proposals? Answer — This bid is an open solicitation for all firms meeting the qualifications specified. 13. Question — Is the reciprocal preference used for this bid? Answer — Orange County encourages participation from all bidders, regardless of County, however, determination of the lowest responsive and responsible contractor may be impacted by reciprocal bid preferences as indicated in General Terms and Conditions 13, Reciprocal Preference. Consult with your local laws to determine if this impacts you as a bidder. 14.Question —Are all vendors required to bid on all lots? IFB #Y17-1070-MV Addendum No. 2 Page 2 of 12 Answer — Vendors are not required to bid on all lots. Please see Special Terms and Conditions 6, Award. 15.Question —Will the County award all lots to the same vendor? Answer — This contract may be awarded to one or multiple bidders. Please see Special Terms and Conditions 6, Award. 16. Question —Will lots 4 & 5 be awarded to separate vendors? Answer - This contract may be awarded to one or multiple bidders. Please see Special Terms and Conditions 6, Award. 17. Question — The gallons on your pricing sheets are just a little over half the total of the Estimated Annual Gallons on Attachment A. Why? Which one is correct? Answer — Quantities on pricing sheets are for Orange County Fleet usage only. Quantities on Attachment A are for other users of this contract. 18.Question — Please provide the last Bid Tabulation. Answer— Please see Bid Tabulation (ATTACHMENT 2) in this addendum. 19.Question — Please verify that the Fixed Markup / Discount over OPIS DOES NOT include any taxes or fees even if you are liable to pay them. Answer — OPIS pricing does not include taxes which are calculated separately and added to the OPIS price to get final weekly pricing for each product. 20.Question — How often are there Split-Drop Loads? Answer — Not often. Usually in the winter only and almost always the split load will be at the same site. Usually the only time when we have split loads at different sites is preparing for hurricanes. 21.Question — Are the sites with tanks less than 10K gallon capacity the only sites that get Split-Drop Loads? Answer — No. Orange County only has 2 - 10K gal USTs, both at 1621 Alafaya Trail. 22.Question — Page 15 states that the E85 is priced off of 83% E-100 OPIS plus 17% E-10 OPIS, however page 29 states that the LOT 3, E85 is priced off of the ORLANDO terminal. Is the e-10 portion to be priced off of the Orlando terminal as well as the ethanol portion? Answer— E85 should be priced from OPIS pricing at the Taft Terminal. IFB #Y17-1070-MV Addendum No. 2 Page 3 of 12 23.Question — Is the E-10 portion of the E85 to be priced off of the TAFT OPIS? Answer— E85 should be priced from OPIS pricing at the Taft Terminal 24.Question — Lots 4 and 5 are the same except for the pricing terminal; will the county pick the lowest discount or markup for award? Answer— It is based on lot, so 2 separate vendors could possibly get a lot. 25.Question —There is no B10 or B20 posting in Taft or Miami, how should those products be priced? Answer — B10 and B20 (dyed and undyed) pricing is supplied to Fleet Management Division weekly from OPIS. We've confirmed Taft can blend both products. 26.Question — Is the B10 and B20 to be priced off the ULSD Clear OPIS value? Answer— B10 and B20 (dyed and undyed) pricing is supplied to Fleet weekly from OPIS. We've confirmed Taft can blend both products. 27.Question — For the Orange County Govt sites- what is the annual volume for ULSD Clear? Answer — This is part of the bid package. The quantities on our copy of the bid response form are the estimated gallons for Orange County Fleet only. 28.Will you please provide us with a copy of a current Bill of Lading (BOL) and invoice? Answer— Although a bill of lading and invoice are not provided, attached is a spreadsheet with the usage with pricing and quantities. Please see Attachment 1 in this Addendum —Annual Usage Report. All other specifications, terms and conditions remain the same. ACKNOWLEDGEMENT OF ADDENDA The bidder shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of the bid. Receipt acknowledged by: IFB #Y17-1070-MV Addendum No. 2 Page 4 of 12 Authorized Signer Date Signed Title Name of Bidder IFB #Y17-1070-MV Addendum No. 2 Page 5 of 12 ATTACHMENT 1 Annual Usage Report from 5/12/2016-5/12/2017 MA#Y14-1022A- PETROLEUM TRADERS CORPORATION EXTENDED COMMODITY UNIT PRICE QTY PRICE L1-87 Octane,7,000+gallon quantity 1.824400 17047.00000 $31,100.55 L1-87 Octane,7,000+gallon quantity 1.757900 4952.00000 $8,705.12 L1-87 Octane,7,000+gallon quantity 1.890200 44749.00000 $84,584.56 L1-87 Octane, 7,000+gallon quantity 1.929500 25576.00000 $49,348.89 L1-87 Octane,7,000+gallon quantity 1.954100 8745.00000 $17,088.60 L1-87 Octane,7,000+gallon quantity 1.929500 8388.00000 $16,184.65 L1-87 Octane,7,000+gallon quantity 1.920100 25437.00000 $48,841.58 L1-87 Octane,7,000+gallon quantity 1.954100 16869.00000 $32,963.71 L1-87 Octane, 7,000+gallon quantity 1.863700 42070.00000 $78,405.86 L1-87 Octane,7,000+gallon quantity 1.804500 21507.00000 $38,809.38 L1-87 Octane,7,000+gallon quantity 1.642600 8732.00000 $14,343.18 L1-87 Octane,7,000+gallon quantity 1.804500 8864.00000 $15,995.09 L1-87 Octane, 7,000+gallon quantity 1.828600 4019.00000 $7,349.14 L1-87 Octane,7,000+gallon quantity 1.763100 16959.00000 $29,900.41 L1-87 Octane,7,000+gallon quantity 1.828600 11698.00000 $21,390.96 L1-87 Octane,7,000+gallon quantity 1.709600 16846.00000 $28,799.92 L1-87 Octane,7,000+gallon quantity 1.763100 8908.00000 $15,705.69 L1-87 Octane,7,000+gallon quantity 1.709100 17064.00000 $29,164.08 L1-87 Octane,7,000+gallon quantity 1.709600 13559.00000 $23,180.47 L1-87 Octane, 7,000+gallon quantity 1.709100 2498.00000 $4,269.33 L1-87 Octane,7,000+gallon quantity 1.671400 50491.00000 $84,390.66 L1-87 Octane, 7,000+gallon quantity 1.709100 16724.00000 $28,582.99 L1-87 Octane,7,000+gallon quantity 1.715100 16736.00000 $28,703.91 L1-87 Octane,7,000+gallon quantity 1.676400 17119.00000 $28,698.29 L1-87 Octane,7,000+gallon quantity 1.715100 8350.00000 $14,321.09 L1-87 Octane,7,000+gallon quantity 1.715100 4958.00000 $8,503.47 L1-87 Octane,7,000+gallon quantity 1.799300 16474.00000 $29,641.67 L1-87 Octane,7,000+gallon quantity 1.676400 13357.00000 $22,391.67 L1-87 Octane,7,000+gallon quantity 1.877100 26249.00000 $49,272.00 L1-87 Octane,7,000+gallon quantity 1.799300 8221.00000 $14,792.05 L1-87 Octane,7,000+gallon quantity 1.799300 16226.00000 $29,195.44 L1-87 Octane,7,000+gallon quantity 1.877100 16794.00000 $31,524.02 L1-87 Octane,7,000+gallon quantity 1.576100 7600.00000 $11,978.36 L1-87 Octane,7,000+gallon quantity 1.873100 .00000 $0.00 L1-87 Octane,7,000+gallon quantity 1.877100 13348.00000 $25,055.53 L1-87 Octane,7,000+gallon quantity 1.730800 17323.00000 $29,982.65 L1-87 Octane,7,000+gallon quantity 1.746700 16682.00000 $29,138.45 L1-87 Octane,7,000+gallon quantity 1.730800 16777.00000 $29,037.63 L1-87 Octane,7,000+gallon quantity 1.794700 25721.00000 $46,161.48 L1-87 Octane,7,000+gallon quantity 1.794700 8346.00000 $14,978.57 L1-87 Octane,7,000+gallon quantity 1.856900 29699.00000 $55,148.07 L1-87 Octane,7,000+gallon quantity 1.794700 17153.00000 $30,784.49 L1-87 Octane,7,000+gallon quantity 1.856900 3734.00000 $6,933.66 IFB #Y17-1070-M.L1-87 Octane,7,000+gallon quantity 1.856900 17604.00000 $32,688.87 Addendum No. 2 Page 6 of 12 ATTACHMENT 1 Annual Usage Report from 5/12/2016- 5/12/2017 MA#Y14-1022A- PETROLEUM TRADERS CORPORATION L1-87 Octane,7,000+gallon quantity 1.860100 16763.00000 $31,180.86 L1-87 Octane,7,000+gallon quantity 1.862200 17491.00000 $32,571.74 L1-87 Octane, 7,000+gallon quantity 1.860100 34209.00000 $63,632.16 L1-87 Octane,7,000+gallon quantity 1.811300 25001.00000 $45,284.31 L1-87 Octane,7,000+gallon quantity 1.766300 8394.00000 $14,826.32 L1-87 Octane, 7,000+gallon quantity 1.811300 8429.00000 $15,267.45 L1-87 Octane,7,000+gallon quantity 1.766300 5942.00000 $10,495.35 L1-87 Octane,7,000+gallon quantity 1.703700 47777.00000 $81,397.67 L1-87 Octane,7,000+gallon quantity 1.668500 29675.00000 $49,512.74 L1-87 Octane, 7,000+gallon quantity 1.764900 14945.00000 $26,376.43 L1-87 Octane,7,000+gallon quantity 1.839200 34555.00000 $63,553.56 L1-87 Octane,7,000+gallon quantity 1.869500 25893.00000 $48,406.96 L1-87 Octane,7,000+gallon quantity 1.702400 7600.00000 $12,938.24 L1-87 Octane,7,000+gallon quantity 1.764900 8453.00000 $14,918.70 L1-87 Octane,7,000+gallon quantity 1.925600 8761.00000 $16,870.18 L1-87 Octane,7,000+gallon quantity 1.979900 8542.00000 $16,912.31 L1-87 Octane,7,000+gallon quantity 1.869500 25838.00000 $48,304.14 L1-87 Octane,7,000+gallon quantity 2.051300 34398.00000 $70,560.62 L1-87 Octane,7,000+gallon quantity 2.034200 43068.00000 $87,608.93 L1-87 Octane,7,000+gallon quantity 1.981700 17507.00000 $34,693.62 L1-87 Octane,7,000+gallon quantity 2.051000 3996.00000 $8,195.80 L1-87 Octane,7,000+gallon quantity 1.922700 35904.00000 $69,032.62 L1-87 Octane,7,000+gallon quantity 1.917000 30920.00000 $59,273.64 L1-87 Octane, 7,000+gallon quantity 1.971300 31241.00000 $61,585.38 L1-87 Octane,7,000+gallon quantity 1.961600 17329.00000 $33,992.57 L1-87 Octane,7,000+gallon quantity 1.971300 7987.00000 $15,744.77 L1-87 Octane,7,000+gallon quantity 1.924200 25625.00000 $49,307.63 L1-87 Octane,7,000+gallon quantity 1.961600 8547.00000 $16,765.80 L1-87 Octane,7,000+gallon quantity 1.964900 17141.00000 $33,680.35 L1-87 Octane,7,000+gallon quantity 1.925700 13575.00000 $26,141.38 L1-87 Octane,7,000+gallon quantity 1.964900 25890.00000 $50,871.26 L1-87 Octane,7,000+gallon quantity 1.904300 17059.00000 $32,485.45 L1-87 Octane,7,000+gallon quantity 1.925700 17032.00000 $32,798.52 L1-87 Octane,7,000+gallon quantity 1.880900 24831.00000 $46,704.63 L1-87 Octane,7,000+gallon quantity 1.904800 17354.00000 $33,055.90 L1-87 Octane,7,000+gallon quantity 1.904300 4976.00000 $9,475.80 L1-87 Octane, 7,000+gallon quantity 1.638200 7600.00000 $12,450.32 L1-87 Octane,7,000+gallon quantity 1.982000 25544.00000 $50,628.21 L1-87 Octane,7,000+gallon quantity 1.686600 7600.00000 $12,818.16 L1-87 Octane,7,000+gallon quantity 2.029800 17380.00000 $35,277.92 L1-87 Octane,7,000+gallon quantity 1.880900 8711.00000 $16,384.52 L1-87 Octane,7,000+gallon quantity 1.904800 25946.00000 $49,421.94 L1-87 Octane,7,000+gallon quantity 1.741800 7600.00000 $13,237.68 L1-87 Octane,7,000+gallon quantity 2.041900 21236.00000 $43,361.79 L1-87 Octane,7,000+gallon quantity 1.968000 16878.00000 $33,215.90 L1-87 Octane,7,000+gallon quantity 1.916700 25503.00000 $48,881.60 L1-87 Octane,7,000+gallon quantity 2.041900 40982.00000 $83,681.15 L1-87 Octane,7,000+gallon quantity 1.968000 6935.00000 $13,648.08 IFB #Y17-1070-M.L1-87 Octane,7,000+gallon quantity 1.875900 34052.00000 $63,878.15 Addendum No. 2 1678788.00000 $3,119,345.40 Page 7 of 12 ATTACHMENT 1 Annual Usage Report from 5/12/2016 -5/12/2017 MA#Y14-1022A- PETROLEUM TRADERS CORPORATION L2-7,000+gallon quantity Dyed diesel for off road use 1.494800 7521.00000 $11,242.39 L2-7,000+gallon quantity Dyed diesel for off road use 1.508200 7409.00000 $11,174.25 L2-7,000+gallon quantity Dyed diesel for off road use 1.508200 7600.00000 $11,462.32 L2-7,000+gallon quantity Dyed diesel for off road use 1.450600 3473.00000 $5,037.93 L2-7,000+gallon quantity Dyed diesel for off road use 1.610700 19475.00000 $31,368.38 L2-7,000+gallon quantity Dyed diesel for off road use 1.610700 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.650000 7326.00000 $12,087.90 L2-7,000+gallon quantity Dyed diesel for off road use 1.649700 15229.00000 $25,123.28 L2-7,000+gallon quantity Dyed diesel for off road use 1.634400 7512.00000 $12,277.61 L2-7,000+gallon quantity Dyed diesel for off road use 1.634400 7513.00000 $12,279.25 L2-7,000+gallon quantity Dyed diesel for off road use 1.690700 15147.00000 $25,609.03 L2-7,000+gallon quantity Dyed diesel for off road use 1.634400 7614.00000 $12,444.32 L2-7,000+gallon quantity Dyed diesel for off road use 1.690700 7500.00000 $12,680.25 L2-7,000+gallon quantity Dyed diesel for off road use 1.596400 7500.00000 $11,973.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.596400 7500.00000 $11,973.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.615400 7394.00000 $11,944.27 L2-7,000+gallon quantity Dyed diesel for off road use 1.596400 11229.00000 $17,925.98 L2-7,000+gallon quantity Dyed diesel for off road use 1.615400 7600.00000 $12,277.04 L2-7,000+gallon quantity Dyed diesel for off road use 1.642600 7114.00000 $11,685.46 L2-7,000+gallon quantity Dyed diesel for off road use 1.642600 7600.00000 $12,483.76 L2-7,000+gallon quantity Dyed diesel for off road use 1.642600 7500.00000 $12,319.50 L2-7,000+gallon quantity Dyed diesel for off road use 1.642600 11695.00000 $19,210.21 L2-7,000+gallon quantity Dyed diesel for off road use 1.585400 7199.00000 $11,413.29 L2-7,000+gallon quantity Dyed diesel for off road use 1.585400 7600.00000 $12,049.04 L2-7,000+gallon quantity Dyed diesel for off road use 1.642600 12528.00000 $20,578.49 L2-7,000+gallon quantity Dyed diesel for off road use 1.486900 2957.00000 $4,396.76 L2-7,000+gallon quantity Dyed diesel for off road use 1.585400 7593.00000 $12,037.94 L2-7,000+gallon quantity Dyed diesel for off road use 1.502600 20355.00000 $30,585.42 L2-7,000+gallon quantity Dyed diesel for off road use 1.502600 7600.00000 $11,419.76 L2-7,000+gallon quantity Dyed diesel for off road IFB #Y17-1070-MV use 1.502600 7500.00000 $11,269.50 Addendum No. 2 Page 8 of 12 ATTACHMENT 1 Annual Usage Report from 5/12/2016-5/12/2017 MA#Y14-1022A- PETROLEUM TRADERS CORPORATION L2-7,000+gallon quantity Dyed diesel for off road use 1.502600 7600.00000 $11,419.76 L2-7,000+gallon quantity Dyed diesel for off road use 1.413000 14887.00000 $21,035.33 L2-7,000+gallon quantity Dyed diesel for off road use 1.413000 7600.00000 $10,738.80 L2-7,000+gallon quantity Dyed diesel for off road use 1.502600 14974.00000 $22,499.93 L2-7,000+gallon quantity Dyed diesel for off road use 1.402400 21984.00000 $30,830.36 L2-7,000+gallon quantity Dyed diesel for off road use 1.402400 7600.00000 $10,658.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.402400 7600.00000 $10,658.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.446700 7402.00000 $10,708.47 L2-7,000+gallon quantity Dyed diesel for off road use 1.446700 7600.00000 $10,994.92 L2-7,000+gallon quantity Dyed diesel for off road use 1.402400 3008.00000 $4,218.42 L2-7,000+gallon quantity Dyed diesel for off road use 1.630000 7521.00000 $12,259.23 L2-7,000+gallon quantity Dyed diesel for off road use 1.446700 7500.00000 $10,850.25 L2-7,000+gallon quantity Dyed diesel for off road use 1.630000 7600.00000 $12,388.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.402400 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.644710 7409.00000 $12,185.66 L2-7,000+gallon quantity Dyed diesel for off road use 1.446700 10569.00000 $15,290.17 L2-7,000+gallon quantity Dyed diesel for off road use 1.644800 7415.00000 $12,196.19 L2-7,000+gallon quantity Dyed diesel for off road use 1.402400 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.644800 6714.00000 $11,043.19 L2-7,000+gallon quantity Dyed diesel for off road use 1.576100 7600.00000 $11,978.36 L2-7,000+gallon quantity Dyed diesel for off road use 1.644800 31166.00000 $51,261.84 L2-7,000+gallon quantity Dyed diesel for off road use 1.567600 7520.00000 $11,788.35 L2-7,000+gallon quantity Dyed diesel for off road use 1.567600 7600.00000 $11,913.76 L2-7,000+gallon quantity Dyed diesel for off road use 1.527700 7600.00000 $11,610.52 L2-7,000+gallon quantity Dyed diesel for off road use 1.527700 21995.00000 $33,601.76 L2-7,000+gallon quantity Dyed diesel for off road use 1.527700 7600.00000 $11,610.52 L2-7,000+gallon quantity Dyed diesel for off road use 1.555000 7600.00000 $11,818.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.654900 7600.00000 $12,577.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.654900 4042.00000 $6,689.11 L2-7,000+gallon quantity Dyed diesel for off road use 1.654900 7600.00000 $12,577.24 L2-7,000+gallon quantity Dyed diesel for off road IFB #Y17-1070-MV use 1.555000 15031.00000 $23,373.21 Addendum No. 2 Page 9 of 12 ATTACHMENT 1 Annual Usage Report from 5/12/2016 -5/12/2017 MA#Y14-1022A- PETROLEUM TRADERS CORPORATION L2-7,000+gallon quantity Dyed diesel for off road use 1.966600 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.654900 7914.00000 $13,096.88 L2-7,000+gallon quantity Dyed diesel for off road use 1.654900 4434.00000 $7,337.83 L2-7,000+gallon quantity Dyed diesel for off road use 1.722000 7600.00000 $13,087.20 L2-7,000+gallon quantity Dyed diesel for off road use 1.722000 7600.00000 $13,087.20 L2-7,000+gallon quantity Dyed diesel for off road use 1.654900 15045.00000 $24,897.97 L2-7,000+gallon quantity Dyed diesel for off road use 1.712200 7545.00000 $12,918.55 L2-7,000+gallon quantity Dyed diesel for off road use 1.712200 7600.00000 $13,012.72 L2-7,000+gallon quantity Dyed diesel for off road use 1.719100 15114.00000 $25,982.48 L2-7,000+gallon quantity Dyed diesel for off road use 1.712200 7600.00000 $13,012.72 L2-7,000+gallon quantity Dyed diesel for off road use 1.693300 22475.00000 $38,056.92 L2-7,000+gallon quantity Dyed diesel for off road use 1.719100 7135.00000 $12,265.78 L2-7,000+gallon quantity Dyed diesel for off road use 1.693300 7600.00000 $12,869.08 L2-7,000+gallon quantity Dyed diesel for off road use 1.654900 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.690000 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.693300 7471.00000 $12,650.64 L2-7,000+gallon quantity Dyed diesel for off road use 1.604600 7336.00000 $11,771.35 L2-7,000+gallon quantity Dyed diesel for off road use 1.604600 7600.00000 $12,194.96 L2-7,000+gallon quantity Dyed diesel for off road use 1.604600 1983.00000 $3,181.92 L2-7,000+gallon quantity Dyed diesel for off road use 1.580000 7648.00000 $12,083.84 L2-7,000+gallon quantity Dyed diesel for off road use 1.580000 7600.00000 $12,008.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.591200 4469.00000 $7,111.07 L2-7,000+gallon quantity Dyed diesel for off road use 1.591200 7600.00000 $12,093.12 L2-7,000+gallon quantity Dyed diesel for off road use 1.664800 17034.00000 $28,358.20 L2-7,000+gallon quantity Dyed diesel for off road use 1.664800 7600.00000 $12,652.48 L2-7,000+gallon quantity Dyed diesel for off road use 1.694900 15400.00000 $26,101.46 L2-7,000+gallon quantity Dyed diesel for off road use 1.694900 7600.00000 $12,881.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.702400 14963.00000 $25,473.01 L2-7,000+gallon quantity Dyed diesel for off road use 1.702400 7600.00000 $12,938.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.765600 14931.00000 $26,362.17 L2-7,000+gallon quantity Dyed diesel for off road IFB #Y17-1070-MV use 1.765600 7600.00000 $13,418.56 Addendum No. 2 Page 10 of 12 ATTACHMENT 1 Annual Usage Report from 5/12/2016-5/12/2017 MA#Y14-1022A- PETROLEUM TRADERS CORPORATION L2-7,000+gallon quantity Dyed diesel for off road use 1.765600 7600.00000 $13,418.56 L2-7,000+gallon quantity Dyed diesel for off road use 1.750300 7556.00000 $13,225.27 L2-7,000+gallon quantity Dyed diesel for off road use 1.664800 7600.00000 $12,652.48 L2-7,000+gallon quantity Dyed diesel for off road use 1.750300 7600.00000 $13,302.28 L2-7,000+gallon quantity Dyed diesel for off road use 1.821100 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.821300 7362.00000 $13,408.41 L2-7,000+gallon quantity Dyed diesel for off road use 1.821300 3980.00000 $7,248.77 L2-7,000+gallon quantity Dyed diesel for off road use 1.821100 7600.00000 $13,840.36 L2-7,000+gallon quantity Dyed diesel for off road use 1.776100 7605.00000 $13,507.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.776100 7600.00000 $13,498.36 L2-7,000+gallon quantity Dyed diesel for off road use 1.776100 7200.00000 $12,787.92 L2-7,000+gallon quantity Dyed diesel for off road use 1.981700 .00000 $0.00 L2-7,000+gallon quantity Dyed diesel for off road use 1.741200 7600.00000 $13,233.12 L2-7,000+gallon quantity Dyed diesel for off road use 1.684900 24321.00000 $40,978.45 L2-7,000+gallon quantity Dyed diesel for off road use 1.684900 7600.00000 $12,805.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.684900 7600.00000 $12,805.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.725700 10666.00000 $18,406.32 L2-7,000+gallon quantity Dyed diesel for off road use 1.725700 7100.00000 $12,252.47 L2-7,000+gallon quantity Dyed diesel for off road use 1.725700 7600.00000 $13,115.32 L2-7,000+gallon quantity Dyed diesel for off road use 1.793100 7020.00000 $12,587.56 L2-7,000+gallon quantity Dyed diesel for off road use 1.765900 14643.00000 $25,858.07 L2-7,000+gallon quantity Dyed diesel for off road use 1.793100 7600.00000 $13,627.56 L2-7,000+gallon quantity Dyed diesel for off road use 1.765900 7600.00000 $13,420.84 L2-7,000+gallon quantity Dyed diesel for off road use 1.765900 7600.00000 $13,420.84 L2-7,000+gallon quantity Dyed diesel for off road use 1.793100 8078.00000 $14,484.66 L2-7,000+gallon quantity Dyed diesel for off road use 1.766900 14693.00000 $25,961.06 L2-7,000+gallon quantity Dyed diesel for off road use 1.766900 7600.00000 $13,428.44 L2-7,000+gallon quantity Dyed diesel for off road use 1.780800 7600.00000 $13,534.08 L2-7,000+gallon quantity Dyed diesel for off road use 1.780800 22975.00000 $40,913.88 L2-7,000+gallon quantity Dyed diesel for off road use 1.780800 7600.00000 $13,534.08 L2-7,000+gallon quantity Dyed diesel for off road IFB #Y17-1070-MV use 1.755400 10196.00000 $17,898.06 Addendum No. 2 Page 11 of 12 ATTACHMENT 1 Annual Usage Report from 5/12/2016-5/12/2017 MA#Y14-1022A- PETROLEUM TRADERS CORPORATION L2-7,000+gallon quantity Dyed diesel for off road use 1.755400 7600.00000 $13,341.04 L2-7,000+gallon quantity Dyed diesel for off road use 1.755400 7600.00000 $13,341.04 L2-7,000+gallon quantity Dyed diesel for off road use 1.686400 10498.00000 $17,703.83 L2-7,000+gallon quantity Dyed diesel for off road use 1.686400. 7600.00000 $12,816.64 L2-7,000+gallon quantity Dyed diesel for off road use 1.642200 22128.00000 $36,338.60 L2-7,000+gallon quantity Dyed diesel for off road use 1.642200 7600.00000 $12,480.72 L2-7,000+gallon quantity Dyed diesel for off road use 1.638200 7749.00000 $12,694.41 L2-7,000+gallon quantity Dyed diesel for off road use 1.638200 7600.00000 $12,450.32 L2-7,000+gallon quantity Dyed diesel for off road use 1.686600 7600.00000 $12,818.16 L2-7,000+gallon quantity Dyed diesel for off road use 1.741800 15175.00000 $26,431.82 L2-7,000+gallon quantity Dyed diesel for off road use 1.789900 26874.00000 $48,101.77 L2-7,000+gallon quantity Dyed diesel for off road use 1.789900 7600.00000 $13,603.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.741800 14687.00000 $25,581.82 L2-7,000+gallon quantity Dyed diesel for off road use 1.789900 7600.00000 $13,603.24 L2-7,000+gallon quantity Dyed diesel for off road use 1.726800 7600.00000 $13,123.68 L2-7,000+gallon quantity Dyed diesel for off road use 1.680500 15072.00000 $25,328.50 L2-7,000+gallon quantity Dyed diesel for off road use 1.680500 7600.00000 $12,771.80 L2-7,000+gallon quantity Dyed diesel for off road use 1.680500 7500.00000 $12,603.75 L2-7,000+gallon quantity Dyed diesel for off road use 1.680500 7600.00000 $12,771.80 L2-7,000+gallon quantity Dyed diesel for off road use 1.615600 7600.00000 $12,278.56 1290095.00000 $2,129,349.67 L3-E-85 unleaded gasoline, 7,000+gallon quantity 2.208400 3968.00000 $8,762.93 L3-E-85 unleaded gasoline, 7,000+gallon quantity 2.123000 3974.00000 $8,436.80 7942.00000 $17,199.73 IFB #Y17-1070-MV Addendum No. 2 Page 12 of 12 May 15, 2017 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA IFB #Y17-1070-MV MOTOR FUEL TRANSPORT DELIVERIES ADDENDUM NO. 3 The above Invitation for Bids is changed as follows: A. The following are questions, with respective answers, for the above Invitation for Bids: 1. Question — Seminole County shows 87 Octane. Is this E10-87 or Conventional 87 Gas? Answer — For questions regarding Seminole County fuel information please contact Diane Morris, Senior Staff Assistant for Fleet & Facilities by phone at 407 665-5288 or by email at dmorris(a�seminolecountMfl.gov. 2. City of Cocoa shows 87 Octane. Is this E1087 or Conventional 87 Gas? Answer—We use Conventional 87 Octane gasoline. All other specifications, terms and conditions remain the same. ACKNOWLEDGEMENT OF ADDENDA The bidder shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of the bid. Receipt acknowledged by: Authorized Signer Date Signed Title Name of Bidder IFB #Y17-1070-MV Addendum No. 3 Page 1 of 1 Issue Date: April 20, 2017 INVITATION FOR BIDS #Y17-1070-MV NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Orange County, Florida, henceforth referred to as the County is accepting sealed bids for: MOTOR FUEL TRANSPORT DELIVERIES TERM CONTRACT Sealed bid offers in an original and three (3) copies for furnishing the above will be accepted up to 2:00 PM (local time), Thursday, May 18, 2017, in the Procurement Division, Internal Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, FL 32801. Copies of the bid documents may be obtained from the Orange County Procurement Division at the above address. Copies may be requested by phoning (407) 836-5635 or by download from the Internet at: http://apps.ocfl.net/oranoebids/bidopen.asp Carrie Woodell, MPA, CFCM, CPPO, C.P.M. Manager, Procurement Division NOTICE TO BIDDERS To ensure that your bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point- of-contact for this solicitation is Melisa Vergara, Senior Purchasing Agent at Melisa.Vergara(c�ocfl.net. TABLE OF CONTENTS DESCRIPTION PAGE GENERAL TERMS AND CONDITIONS 2-13 SPECIAL TERMS AND CONDITIONS 14-26 SPECIFICATIONS 27 BID RESPONSE FORM 28-30 EMERGENCY CONTACTS 31 ACKNOWLEDGEMENT OF ADDENDA 31 AUTHORIZED SIGNATORIES/NEGOTIATORS 32 REFERENCES 33-34 DRUG-FREE WORKPLACE FORM SCHEDULE OF SUBCONTRACTING FORM CONFLICT/NON-CONFLICT OF INTEREST FORM E-VERIFICATION CERTIFICATION RELATIONSHIP DISCLOSURE FORM & FREQUENTLY ASKED QUESTIONS (FAQ) ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ) AGENT AUTHORIZATION FORM EXHIBIT A- LEASED EMPLOYEE AFFIDAVIT EXHIBIT B - COMMERCIAL GENERAL LIABILITY EXHIBIT C - COMMERCIAL GENERAL LIABILITY EXHIBIT D -WORKERS COMPENSATION & EMPLOYEES LIABILITY INSURANCE POLICY EXHIBIT E -WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ATTACHMENT A- DELIVERY SCHEDULE i GENERAL TERMS AND CONDITIONS 1. GENERAL INFORMATION These specifications constitute the complete set of requirements and bid forms. The bid response page(s), and all forms listed on the bid response page(s) shall be completed, signed, and sealed in an envelope bearing the bid number on the outside and mailed or presented to the Procurement Division on or before the specified time and date. Failure to comply with the preceding requirements shall result in the rejection of the bid. Bids submitted by e-mail, telephone or fax shall not be accepted. An e- mailed or a faxed bid shall be rejected as non-responsive regardless of where it is received. It is the sole responsibility of the Bidder to ensure that their bid reaches the Procurement Division. All bids, unless otherwise specified, must be delivered to the following address no later than the time and date specified in the solicitation: Procurement Division Internal Operations Centre II 400 E. South Street, 2nd Floor Orlando, FL 32801 Bidders are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your bid is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address. The County shall not be responsible for delays caused by any occurrence. The time/date stamp clock located in the Procurement Division shall serve as the official authority to determine lateness of any bid. The bid time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Late bids will be returned to the Bidder unopened. The decision to refuse to consider a bid that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Code (Procurement Ordinance). All bids must be typewritten or filled in with pen and ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. Errors, corrections, or changes on any document must be initialed by the signatory of the bid. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, thirty (30) days after bid opening or upon recommendation for award, whichever occurs first. Bidders desiring to view these documents are urged to schedule an appointment. 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. Page 2 2. QUESTIONS REGARDING THIS SOLICITATION 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 Friday, May 5, 2017 to the attention of Melisa Vergara, Procurement Division, referencing the IFB number. When required the Procurement Division shall issue an addendum to the Invitation for Bids. The addendum shall be available on the Internet for access by potential Bidders. Bidders are instructed not to contact the initiating division directly. No oral interpretation of this Invitation for Bids shall be considered binding. The County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager, Procurement Division. This provision exists solely for the convenience and administrative efficiency of Orange County. No Bidder or other third party gains any rights by virtue of this provision or the application thereof, nor shall any Bidder or third party have any standing to sue or cause of action arising there from. 3. 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. 4. ACCEPTANCE/REJECTION/CANCELLATION The County reserves the right to accept or to reject any or all bids and to make the award to that bidder who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the bid of any bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County's opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re- bid. Award will be made to the lowest responsive and responsible bidder as determined by the County. The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code. Page 3 5. NO BID Where more than one item is listed, any items not bid upon shall be indicated as "NO BID". 6. CONFLICT OF INTEREST The award is subject to provisions of applicable State Statutes and County Ordinances. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of Orange County. Further, all bidders must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. Should the 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. 7. LEGAL REQUIREMENTS All applicable Federal and State laws and County ordinances that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. A. Contractors doing business with the County are prohibited from discriminating against any employees, applicant, or client because of race, religion, color, disability, national origin, gender, or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. 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. 8. 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. 9. AVAILABILITY OF FUNDS The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Orange County Board of County Commissioners, or other specified funding source for this procurement. Page 4 10. EEO STATEMENT It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations. Further, the Contractor shall abide by the following provisions: A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non-discrimination provision of the contract. The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors. 11. BID TABULATION AND RESULTS Bid tabulations shall be available thirty (30) days after opening on the Orange County website at: http://apps.ocfl.net/oranqebids/bidresults/results.asp , or upon notice of intended action, whichever is sooner. 12. BID FORMS All bids must be submitted on the County's standard Bid Response Form. Bids on Bidder's quotation forms shall not be accepted. 13. 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. 1. 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. 2. 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. Page 5 14. 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/LobbinqAtOranqeC ounty.aspx A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award. The Board of County Commissioners may void any contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No. 2002-15. • Orange County Protest Procedures http://www.orangecountyfl.netNendorServices/VendorProtestProced ures.aspx Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings. 15. 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. 16. 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. 17. PUBLIC ENTITY CRIME Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section. Page 6 http://www.dms.myflorida.com/business operations/state purchasinq/ven dor information/convicted suspended discriminatory complaints vendor lists/convicted vendor list A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List. 18. DRUG-FREE WORKPLACE FORM The Drug-Free Workplace Form is attached and shall be completed and submitted with your bid. 19. 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". 20. CONFLICT OF INTEREST FORM Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their bid. 21. ETHICS COMPLIANCE The following forms are included in this solicitation and shall be completed and submitted as indicated below: A. Orange County Specific Project Expenditure Report -The purpose of this form is to document any expenses incurred by a lobbyist for the purposes described in Section 2-351, Orange County Code. This form shall be completed and submitted with all bid responses to an Orange County solicitation. Any questions concerning this form shall be addressed to the purchasing agent identified in the applicable solicitation. B. Relationship Disclosure Form —The purpose of this form is to document any relationships between a bidder to an Orange County solicitation and the Mayor or any other member of the Orange County Board of County Commissioners. This form shall be completed and submitted with the applicable bid to an Orange County solicitation. No contract award shall be made unless these forms have been completed and submitted with the bid. Any questions concerning these forms shall be addressed to the purchasing agent identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is attached to each for your information. Page 7 22. SUBMISSION OF BID The bid must be mailed or hand delivered in a sealed envelope to: ORANGE COUNTY PROCUREMENT DIVISION Internal Operations Centre II 400 E. South Street, 2nd Floor Orlando, Florida 32801 Bidders must indicate on the sealed envelope the following: A. Invitation for Bids Number B. Hour and Date of Opening C. Name of Bidder Bids received after the time, date, and/or at the location specified, due to failure to identify the envelope with the above information shall be rejected. 23. 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. 24. PROPRIETARY/RESTRICTIVE SCOPE OF WORK/SERVICES If a prospective bidder considers the scope of work/services 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. 25. ASSISTANCE WITH SCOPE OF WORK/SERVICES Any prospective bidder who assisted the County in developing or writing the scope of work/services contained herein are requested to so note such on the bid response page. 26. 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. 27. 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 Page 8 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. 28. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the County, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses including attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the Contractor or its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the County. 29. 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. 30. 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. Page 9 31. 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. 32. 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 services 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 services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractors and suppliers. 33. 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. 34. 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. 35. 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. Page 10 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. 36. VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person under this contract, the Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the contract term, and an express requirement that Contractors include in such subcontracts the requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.qov/portal/site/uscis. Only those employees determined eligible to work within the United States shall be employed under this contract. By submission of a bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation. 37. 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 proposers should be aware that Invitation for Bids and the responses thereto are in the public domain. Bidders must identify specifically any information contained Page 11 in their response which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. If a Bidder fails to cite the applicable exempting law, we will treat the information as public. 38. 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. All Contracts in excess of one hundred thousand dollars ($100,000) shall comply with all the requirements of Section 114 of the Clean Air Act (42 USC 7401 et seq.) as amended and Section 308 of the Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended. 39. PUBLIC RECORDS COMPLIANCE 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. Page 12 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(c�ocfl.net, 407-836-5897 Page 13 SPECIAL TERMS AND CONDITIONS 1. QUALIFICATION OF BIDDERS This bid shall be awarded to a responsible, responsive bidder, qualified by experience to provide the work specified. The Bidder shall submit the following information with the bid: A. List and brief description of similar work satisfactorily completed with location, dates of contract, names, addresses, email addresses and telephone numbers of owners by completing the attached reference sheets. B. Listing of sub-contractors on the Schedule of Sub-Contractors form and a listing of what those sub-contractors shall be providing in the way of products and services to Orange County on a separate sheet of letterhead stationery. C. Listing of vendor personnel by name, title, telephone number and e-mail address, who will be responsible for the Orange County account including ordering and invoicing D. List of equipment and facilities intended to support the work of this contract. Failure to submit the above requested information may be cause for rejection of your bid. 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. 2. 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. 3. BID ACCEPTANCE PERIOD A bid shall constitute an irrevocable offer for a period of ninety (90) days from the bid opening date or until the date of award. 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. Page 14 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. 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 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. Page 15 EXAMPLE: OPIS price(s) posted Thursday, December 15, 2016 shall be utilized to arrive at the purchase price per gallon for fuel(s) delivered Sunday, December 18, 2016 through Saturday, December 24, 2016. 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. 6. 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. If the Bidder fails to respond, they will be considered non- responsive. 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 other arrangements have been made with the ordering agency/entity. The vendor shall contact each location prior to delivery to make arrangements 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 immediate termination of the delivery order or contract. It is hereby understood and mutually agreed to by and between parties hereto that the time of delivery is an essential condition of this contract. 9. TERMINATION A. Termination for Default: Page 16 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. 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. If the Contractor's failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. Page 17 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. 10. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH By submission of a bid in response to this solicitation, the Bidder certifies that all material, equipment, etc., contained in their bid meets all OSHA requirements. Bidder further certifies that if they are the awarded Contractor, and the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Contractor. 11. CODES AND REGULATIONS The Contractor shall strictly comply with all Federal, State and local codes and regulations. 12. PAYMENT Partial payments for the value of services rendered and accepted may be requested by the submission of a properly executed invoice, with supporting documents if required. Payment shall be made in accordance with Florida Statute 218, Local Government Prompt Payment Act. Payment for accepted services shall be accomplished by submission of an invoice, in duplicate, to: Orange County Fleet Management 4400 S. Vineland Road Orlando, FL 32811 Phone (407) 836-8210 In the event additional County Departments or other public entities utilize this contract, invoices are to be sent directly to the Department or entity placing the order. 13. SAFETY AND PROTECTION OF PROPERTY The Contractor shall at all times: A. Initiate, maintain and supervise all safety precautions and programs in connection with its services or performance of its operations under this contract. B. Take all reasonable precautions to prevent injury to employees, including County employees and all other persons affected by their operations. Page 18 C. Take all reasonable precautions to prevent damage or loss to property of Orange County, or of other Contractors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. D. Comply with all ordinances, rules, regulations, standards and lawful orders from authority bearing on the safety of persons or property or their protection from damage, injury or loss. This includes but is not limited to: o Occupational Safety and Health Act (OSHA) o National Institute for Occupational Safety & Health (NIOSH) o National Fire Protection Association (NFPA) o American Society of Heating, Refrigeration & Air-Conditioning Engineers (ASHRAE) E. The Contractor shall also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address listed below: http://www.orangecountyfl.netNendorServices/OrangeCountySafety andHealthManual.aspx 14. 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.floircom/companvsearch/ and A.M. Best Ratings are available at www.ambest.com) Required Coverage: ® Commercial General Liability - The Vendor/Contractor shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than $1,000,000 per occurrence. Vendor/Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit. Page 19 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 (five hundred thousand dollars) per accident. In the event the Vendor/Contractor does not own automobiles the Vendor/Contractor shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Required Endorsements: ® MCS-90- for operations governed by the Sections 29 & 30 of the Motor Carrier Act of 1980 ® Workers' Compensation - The Vendor/Contractor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $500,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case-by-case basis. Any Vendor/Contractor using an employee leasing company shall complete the Leased Employee Affidavit. Required Endorsements: ® Waiver of Subrogation-WC 00 03 13 or its equivalent 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. Page 20 By entering into this contract Vendor/Contractor agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers' compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Vendor/Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Vendor/Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement. Prior to execution and commencement of any operations/services provided under this contract the Vendor/Contractor shall provide the COUNTY with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Vendor/Contractor shall also provide endorsements for each policy as specified above. All specific policy endorsements shall be in the name of the Orange County Board of County Commissioners. For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY's contracted certificate compliance management firm. The certificates shall clearly indicate that the Vendor/Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Vendor/Contractor shall notify the COUNTY not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five (5) business days prior to the effective date of the replacement policy (ies). The certificate holder shall read: Orange County Board of County Commissioners c/o Procurement Division 400 E. South Street, 2nd Floor Orlando, Florida 32801 15. CONTRACT TERM/RENEWAL A. The contract resulting from this Invitation for Bids shall commence effective upon issuance of a term contract by the County and extend for a period of 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. Page 21 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. 16. PRICE ESCALATION/DE-ESCALATION (CPI) The County may allow a price escalation provision within this award. The original contract prices shall be firm for the entirety of the initial (first year) contract period. A price escalation/de-escalation will be considered at the time of contract renewal and at 1-year intervals thereafter, provided the Contractor notifies the County, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the contract renewal date. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.bls.gov. Price adjustment shall be calculated by applying the simple percentage model to the CPI data. This method is defined as subtracting the base period index value (at the time of initial award) from the index value at time of calculation (latest version of the CPI published as of the date of request for price adjustment), divided by the base period index value to identify percentage of change, then multiplying the percentage of change by 100 to identify the percentage change. Formula is as follows: Current Index— Base Index/ Base Index = % of Change of Change x 100 = Percentage Change CPI-U Calculation Example: CPI for current period 232.945 Less CPI for base period 229.815 Equals index point change 3.130 Divided by base period CPI 229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100 Equals percent change 1.4% Page 22 A price increase may be requested only at each time interval specified above, using the methodology outlined in this section. To request a price increase, Contractor shall submit a letter stating the percentage amount of the requested increase and adjusted price to the Orange County Procurement Division. The letter shall include the complete calculation utilizing the formula above, and a copy of the CPI-U index table used in the calculation. The maximum allowable increase shall not exceed 4%, unless authorized by the Manager, Procurement Division. If approved, the price adjustment shall become effective on the contract renewal date. All price adjustments must be accepted by the Manager, Procurement Division and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract, or any renewals, the Contractor shall notify the Orange County Procurement Division of price decreases in the method outlined above. If approved, the price adjustment shall become effective on the contract renewal date. If the Contractor fails to pass the decrease on to the County, the County reserves the right to place the Contractor in default, cancel the award, and remove the Contractor from the County Vendor List for a period of time deemed suitable by the County. In the event of this occurrence, the County further reserves the right to utilize any options as stated herein. 17. MARKET CONDITIONS The County reserves the right to purchase on the open market should lower market prices prevail, at which time the Contractor shall have the option of meeting the lower price or relieving the County of any obligation previously understood. 18. 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. 19. 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 Page 23 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: 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. 20. 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. 21. CHANGES - SERVICE CONTRACTS The County may at any time by issuance of an executed change order make changes within the general scope of the contract in any of the following areas: A. Description of services to be performed. B. Time of Performance (i.e., hours of the day, days of the week, etc.). C. Place of performance of the services. If additional work or other changes are required in the areas described above, a price proposal shall be required from the Contractor. Upon negotiation of the proposal, execution and receipt of the change order, the Contractor shall commence performance of the work as specified. The Contractor shall not commence the performance of additional work or other changes not covered by this contract without an executed change order issued by the Purchasing and Contracts Division. If the Contractor performs additional work beyond the specific requirements of this contract without an executed change order, it shall be at his/her own risk. The County assumes no responsibility for any additional costs for work not specifically authorized by an executed change order. Page 24 22. ATTACHMENTS The following attachment(s) is/are attached to, and made a part of this Invitation for Bids: A. Delivery Schedule 23. CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM CONTRACTS It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the County. Contractor agrees to rent/sell/lease all goods and services to the County or other governmental entities as opposed to a private citizen, on a first priority basis. The County expects to pay contractual prices for all goods or services required during an emergency situation. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency. Should local terminals become depleted Emergency Deliveries exceeding a 200 mile radius from Orange County may receive a $0.05 surcharge per each 100 miles from the terminal location to the County's destination. Documentation evidencing the local shortage and the origin of the supply shall be required to support the assessment of the surcharge. 24. 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. 25. REQUIREMENTS CONTRACT This is a Requirements Contract and the County's intent is to order from the Contractor all of the goods or services specified in the contract's price schedule that are required to be purchased by the County. If the County urgently requires delivery of goods or services before the earliest date that delivery may be required under this contract, and if the contractor will not accept an order providing for accelerated delivery, the County may acquire the goods or services from another source. Page 25 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. Page 26 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. Page 27 BID RESPONSE FORM IFB #Y17-1070-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 TAFT TERMINAL ITEM NO. DESCRIPTION LOT 1, UNLEADED GASOLINE, Transport Loads, as specified 1. 87 Octane, 7,000+ gallon quantity $ per gallon 2. 89 Octane, 7,000+ gallon quantity $ per gallon 3. 93 Octane, 7,000+ gallon quantity $ per gallon Total annual estimated quantity Lot 1 — 1,867,864 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 28 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 3, ETHANOL, Transport Loads, as specified 6. E-85 unleaded gasoline, 7,000+ gallon quantity $ per gallon Total annual estimated quantity Lot 3 —40,000 gallons FIXED DISCOUNT (-) OR MARK-UP (+) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE MIAMI TERMINAL LOT 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 — 100,000 gallons Company Name Page 29 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 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 — 100,000 gallons Company Name IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the County's bid documents(s). Inclusion of additional terms and conditions such as those which may be on your company's standard forms shall result in your bid being declared non-responsive as these changes will be considered a counteroffer to the County's bid. Delivery shall be no later than 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, Senior Purchasing Agent, at Melisa.Vergara(c�ocfl.net Bid Response Documents -The following documents constitute your bid: A. Bid Response Form, Authorized Signatories/Negotiators, Drug-Free Workplace, Schedule of Sub-contracting, Conflict/Non-Conflict of Interest Form, E- Verification Certification, and current W9, Relationship Disclosure Form and Orange County Specific Project Expenditure Report. Please make sure forms are fully executed where required. B. Qualifications of Bidders information, per Special Terms and Conditions. C. Completed attached reference documentation. D. Descriptive literature or detailed specifications for any equal products proposed. Page 30 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 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 31 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 Page 32 REFERENCES List three (3) customers during the past ten (10) years for which you provided services similar to those specified in the solicitation in the spaces provided below. Provide the owner's name, contact person, address, email address, telephone number, and date services were performed, as described. 1. Company Name: Owner's Name: Description of 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 services provided: Contract Amount: Start and End Date of Contract: Contact Person: Address: Telephone Number: Page 33 Email Address: 3. Company Name: Owner's Name: Description of services provided: Contract Amount: Start and End Date of Contract: Contact Person: Address: Telephone Number: Email Address: Page 34 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 SCHEDULE OF SUBCONTRACTING IFB NO.Y17-1070-MV As specified in the General Terms and Conditions and the Bid Preference Clause in the Special Terms and Conditions, bidders are to present the details of subcontractor participation. Is the Sub- Contractor a Type of Work to Percent and Name Of Subcontractor Certified Address be Performed dollar amount M/WBE with of Contract Orange County Amount to be Government? Subcontracted • Company Name: CONFLICT/NON-CONFLICT OF INTEREST STATEMENT CHECK ONE [ ] To the best of our knowledge, the undersigned bidder has no potential conflict of interest due to any other clients, contracts, or property interest for this project. 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. E VERIFICATION CERTIFICATION Contract No.Y17-1070-MV I hereby certify that I will utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing the use of the system to confirm the employment eligibility of the individuals classified below. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida statutes. All persons, including subcontractors and their workforce, who will perform work under Contract No.Y17-1070-MV, Motor Fuel Transport Deliveries, within the state of Florida. NAME OF CONTRACTOR: ADDRESS OF CONTRACTOR: AUTHORIZED SIGNATURE: TITLE: DATE: RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY IS THE PRINCIPAL OR PRIMARY PROPOSER For procurement items that will come before the Board of County Commissioners for final approval, this form shall be completed by the Bidder and shall be submitted to the Procurement Division by the Bidder. In the event any information provided on this form should change, the Bidder must file an amended form on or before the date the item is considered by the appropriate board or body. Part I INFORMATION ON BIDDER: Legal Name of Bidder: Business Address (Street/P.O. Box, City and Zip Code): Business Phone: ( ) Facsimile: ( ) INFORMATION ON BIDDER'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) Name of Bidder's Authorized Agent: Business Address (Street/P.O. Box, City and Zip Code): Business Phone: ( ) Facsimile: ( ) Page 1 Part II IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES NO IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER'S EMPLOYEE? YES NO IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES NO If you responded "YES" to any of the above questions, please state with whom and explain the relationship. (Use additional sheets of paper if necessary) Page 2 Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED I hereby certify that information provided in this relationship disclosure form is true and correct based on my knowledge and belief. If any of this information changes, I further acknowledge and agree to amend this relationship disclosure form prior to any meeting at which the above-referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Signature of Bidder Date Printed Name and Title of Person completing this form: STATE OF : COUNTY OF . I certify that the foregoing instrument was acknowledged before me this day of , 20 by . He/she is personally known to me or has produced as identification and did/did not take an oath. Witness my hand and official seal in the county and state stated above on the day of , in the year . Signature of Notary Public (Notary Seal) Notary Public for the State of My Commission Expires: Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. Page 3 FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT THE RELATIONSHIP DISCLOSURE FORM Updated 6-28-11 WHAT IS THE RELATIONSHIP DISCLOSURE FORM? The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form created pursuant to the County's Local Code of Ethics, codified at Article XIII of Chapter 2 of the Orange County Code, to ensure that all development-related items and procurement items presented to or filed with the County include information as to the relationship, if any, between the applicant and the County Mayor or any member of the Board of County Commissioners (BCC). The form will be a part of the backup information for the applicant's item. WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS? Form OC CE 2D is used only for development-related items, and form OC CE 2P is used only for procurement-related items. The applicant needs to complete and file the form that is applicable to his/her case. WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM? Form OC CE 2D should be completed and filed by the owner of record, contract purchaser, or authorized agent. Form OC CE 2P should be completed and filed by the bidder, offeror, quoter, or respondent, and, if applicable, their authorized agent. In all cases, the person completing the form must sign the form and warrant that the information provided on the form is true and correct. WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP DISCLOSURE FORM? The relationship disclosure form needs to disclose pertinent background information about the applicant and the relationship, if any, between, on the one hand, the applicant and, if applicable, any person involved with the item, and on the other hand, the Mayor or any member of the BCC. In particular, the applicant needs to disclose whether any of the following relationships exist: (1) the applicant is a business associate of the Mayor or any member of the BCC; (2) any person involved with the approval of the item has a beneficial interest in the outcome of the matter and is a business associate of the Mayor or any member of the BCC; (3) the applicant is a relative of the Mayor or any member of the BCC; or (4) the Mayor or any member of the BCC is an employee of the applicant. (See Section 2-454, Orange County Code.) HOW ARE THE KEY RELEVANT TERMS DEFINED? Applicant means, for purposes of a development-related project, the owner, and, if applicable, the contract purchaser or owner's authorized agent. Applicant means, for purposes of a procurement item, the bidder, offeror, quoter, respondent, and, if applicable, the authorized agent of the bidder, offeror, quoter, or respondent. Business associate means any person or entity engaged in or carrying on a business enterprise with a public officer, public employee, or candidate as a partner, joint venture, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. In addition, the term Page 1 includes any person or entity engaged in or carrying on a business enterprise, or otherwise engaging in common investment, with a public officer, public employee, or candidate as a partner, member, shareholder, owner, co-owner, joint venture partner, or other investor, whether directly or indirectly, whether through a Business Entity or through interlocking Parent Entities, Subsidiary Entities, or other business or investment scheme, structure, or venture of any nature. (See Section 112.312(4), Florida Statutes, and Section 2-452(b), Orange County Code.) Employee means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors. (See Section 440.02(15), Florida Statutes.) Relative means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee. (See Section 112.312(21), Florida Statutes.) DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF INFORMATION CHANGES? Yes. It remains a continuing obligation of the applicant to update this form whenever any of the information provided on the initial form changes. WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT UPDATES NEED TO BE FILED? For a development-related item, the Relationship Disclosure Form and any update need to be filed with the County Department or County Division where the applicant filed the application. For a procurement item, the Relationship Disclosure Form and any update need to be filed with the Procurement Division. WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED TO BE FILED? In most cases, the initial form needs to be filed when the applicant files the initial development-related project application or initial procurement-related forms. However, with respect to a procurement item, a response to a bid will not be deemed unresponsive if this form is not included in the initial packet submitted to the Procurement Division. If changes are made after the initial filing, the final, cumulative Relationship Disclosure Form needs to be filed with the appropriate County Department or County Division processing the application not less than seven (7) days prior to the scheduled BCC agenda date so that it may be incorporated into the BCC agenda packet. When the matter is a discussion agenda item or is the subject of a public hearing, and an update has not been made at least 7 days prior to BCC meeting date or is not included in the Page 2 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. WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES? The information disclosed on this form and any updates will be a public record as defined by Chapter 119, Florida Statutes, and may therefore be inspected by any interested person. Also, the information will be made available to the Mayor and the BCC members. This form and any updates will accompany the information for the applicant's project or item. However, for development-related items, if an applicant discloses the existence of one or more of the relationships described above and the matter would normally receive final consideration by the Concurrency Review Committee or the Development Review Committee, the matter will be directed to the BCC for final consideration and action following committee review. CONCLUSION: We hope you find this FAQ useful to your understanding of the Relationship Disclosure Form. Please be informed that if the event of a conflict or inconsistency between this FAQ and the requirements of the applicable ordinance or law governing relationship disclosures, the ordinance or law controls. Also, please be informed that the County Attorney's Office is not permitted to render legal advice to an applicant or any other outside party. Accordingly, if the applicant or an outside party has any questions after reading this FAQ, he/she is encouraged to contact his/her own legal counsel. Page 3 ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT This lobbying expenditure form shall be completed in full and filed with all application submittals. This form shall remain cumulative and shall be filed with the department processing your application. Forms signed by a principal's authorized agent shall include an executed Agent Authorization Form. This is the initial Form: This is a Subsequent Form: Part I Please complete all of the following: Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): Name and Address of Principal's Authorized Agent, if applicable: List the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) 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 1 Part II Expenditures: For this report, an "expenditure" means money or anything of value given by the principal and/or his/her lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of print and distribution of publications. However, the term "expenditure" does not include: •Contributions or expenditures reported pursuant to chapter 106, Florida Statutes; •Federal election law, campaign-related personal services provided without compensation by individuals volunteering their time; •Any other contribution or expenditure made by or to a political party; •Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or •Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities (including those of lobbyists, contractors, Contractors, etc.) incurred by the principal or his/her authorized agent and expended in connection with the above-referenced project or issue. You need not include de minimus costs (under $50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or other documents related to this project. Date of Name of Party Description of Activity Amount Paid Expenditure Incurring Expenditure TOTAL EXPENDED THIS $ REPORT Page 2 Part III Original signature and notarization required I hereby certify that information provided in this specific project expenditure report is true and correct based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section 2-354, of the Orange County code, to amend this specific project expenditure report for any additional expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner meeting. I further acknowledge and agree that failure to comply with these requirements to file the specific expenditure report and all associated amendments may result in the delay of approval by the Board of County Commissioners for my project or item, any associated costs for which I shall be held responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Date Signature of o Principal oro Principal's Authorized Agent (check appropriate box) Printed Name and Title of Person completing this form: STATE OF . COUNTY OF . I certify that the foregoing instrument was acknowledged before me this day of , 20 by . He/she is personally known to me or has produced as identification and did/did not take an oath. Witness my hand and official seal in the county and state stated above on the day of , in the year . Signature of Notary Public (Notary Seal) Notary Public for the State of My Commission Expires: Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. Page 3 FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT THE SPECIFIC PROJECT EXPENDITURE REPORT Updated 3-1-11 WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT (SPR)? A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b) of the Orange County Lobbying Ordinance, codified at Article X of Chapter 2 of the Orange County Code, reflecting all lobbying expenditures incurred by a principal and their authorized agent(s) and the principal's lobbyist(s), contractor(s), subcontractor(s), and Contractor(s), if applicable, for certain projects or issues that will ultimately be decided by the Board of County Commissioners (BCC). Matters specifically exempt from the SPR requirement are ministerial items, resolutions, agreements in settlement of litigation matters in which the County is a party, ordinances initiated by County staff, and some procurement items, as more fully described in 2.20 of the Administrative Regulations. Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying need not be disclosed on this form. (See Section 2-354(b), Orange County Code.) WHO NEEDS TO FILE THE SPR? The principal or his/her authorized agent needs to complete and sign the SPR and warrant that the information provided on the SPR is true and correct. A principal that is a governmental entity does not need to file an SPR. HOW ARE THE KEY RELEVANT TERMS DEFINED? Expenditure means "a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying. This may include public relations expenditures (including but not limited to petitions, flyers, purchase of media time, cost of print and distribution of publications) but does not include contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, or federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, any other contribution or expenditure made by or to a political party, or any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4)." (See Section 112.3215, Florida Statutes.) Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying are not deemed to be "expenditures." (See Section 2-354, Orange County Code.) Lobbying means seeking "to encourage the approval, disapproval, adoption, repeal, rescission, passage, defeat or modification of any ordinance, resolution, agreement, development permit, other type of permit, franchise, vendor, Contractor, contractor, recommendation, decision or other foreseeable action of the [BCC]," and "include[s] all communications, regardless of whether initiated by the lobbyist or by the person being lobbied, and regardless of whether oral, written or electronic." (See Section 2-351, Orange County Code.) Furthermore, lobbying means communicating "directly with the County Mayor, with any other member of the [BCC], or with any member of a procurement committee." (See Section 2-351, Orange County Code.) Lobbying also means communicating "indirectly with the County Mayor or any other member of the Page 1 [BCC]" by communicating with any staff member of the Mayor or any member of the BCC, the county administrator, any deputy or assistant county administrator, the county attorney, any county department director, or any county division manager. (See Section 2-351, Orange County Code.) Lobbying does not include the act of appearing before a Sunshine Committee, such as the Development Review Committee or the Roadway Agreement Committee other than the BCC. Principal means "the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained, or otherwise engaged the services of a lobbyist." Principal may also include a person, partnership, joint venture, trust, association, corporation, limited liability corporation, or other entity where it or its employees do not qualify as a lobbyist under the definition set forth in Section 2-351 of the Orange County Code but do perform lobbying activities on behalf of a business in which it has a personal interest. DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES? Yes. It remains a continuing obligation of the principal or his/her authorized agent to update the SPR whenever any of the information provided on the initial form changes. WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED? The SPR needs to be filed with the County Department or County Division processing the application or matter. If and when an additional expenditure is incurred subsequent to the initial filing of the SPR, an amended SPR needs to be filed with the County Department or County Division where the original application, including the initial SPR, was filed. WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED? In most cases, the initial SPR needs to be filed with the other application forms. The SPR and any update must be filed with the appropriate County Department or County Division not less than seven (7) days prior to the BCC hearing date so that they may be incorporated into the BCC agenda packet. (See Section 2-354(b), Orange County Code.) When the matter is a discussion agenda item or is the subject of a public hearing, and any additional expenditure occurs less than 7 days prior to BCC meeting date or updated information is not included in the BCC agenda packet, the principal or his/her authorized agent is obligated to verbally present the updated information to the BCC when the agenda item is heard or the public hearing is held. When the matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC meeting or the update is not included in the BCC agenda packet, the item will be pulled from the consent agenda to be considered at a future meeting. WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR AND ANY UPDATES? The information disclosed on the SPR and any updates will be a public record as defined by Chapter 119, Florida Statutes, and therefore may be inspected by any interested person. Also, the information will be made available to the Mayor and the BCC members. This information will accompany the other information for the principal's project or item. Page 2 CONCLUSION: We hope you find this FAQ useful to your understanding of the SPR. Please be informed that in the event of a conflict or inconsistency between this FAQ and the requirements of the applicable ordinance governing specific project expenditure reports, the ordinance controls. Also, please be informed that the County Attorney's Office is not permitted to render legal advice to a principal, his/her authorized agent, or any other outside party. Accordingly, if after reading this FAQ the principal, his/her authorized agent or an outside party has any questions, he/she is encouraged to contact his/her own legal counsel. • Page 3 AGENT AUTHORIZATION FORM I/We, (Print Bidder name) , Do hereby authorize (print agent's name), , to act as my/our agent to execute any petitions or other documents necessary to affect the CONTRACT approval PROCESS more specifically described as follows, (IFB NUMBER AND TITLE) , and to appear on my/our behalf before any administrative or legislative body in the county considering this CONTRACT and to act in all respects as our agent in matters pertaining TO THIS CONTRACT. Signature of Bidder Date STATE OF . COUNTY OF : I certify that the foregoing instrument was acknowledged before me this day of , 20 by . He/she is personally known to me or has produced as identification and did/did not take an oath. Witness my hand and official seal in the county and state stated above on the day of , in the year . Signature of Notary Public Notary Public for the State (Notary Seal) of My Commission Expires: EXHIBIT A LEASED EMPLOYEE AFFIDAVIT I affirm that an employee leasing company provides my workers' compensation coverage. I further understand that my contract with the employee leasing company limits my workers' compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor exposure. I hereby certify that 100% of my workers are covered as worksite employees with the employee leasing company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I agree to notify the County in the event that I have any workers not covered by the employee leasing workers' compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers' compensation policy to cover these workers. I further agree to provide the County with a certificate of insurance providing proof of workers' compensation coverage prior to these workers entering any County jobsite. I further agree to notify the County if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Name of Employee Leasing Company: Workers' Compensation Carrier: A.M. Best Rating of Carrier: Inception Date of Leasing Arrangement: I further agree to notify the County in the event that I switch employee-leasing companies. I recognize that I have an obligation to supply an updated workers' compensation certificate to the County that documents the change of carrier. Name of Contractor: Signature of Owner/Officer: Title: Date: AfRd CERTIFICATE OF LIABILITY INSURANCE ron THIS CERiFICATE IS ISSUE)AS A MATTER OF BFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HONE_THIS CERFICATE DOES NOT AFFTRMAiWELY OR NEGATIVELY AICD,EXiEND OR ALTER THE COVERAGE AFFORDED BY TIE POLICES BELOW. THIS CERIWICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TIE ISSUNG RISURER(S).AUTHOR® REPRESENTATIVE OR PROiNIER.AND TIE CERTIFICATE HOLDER IMPORTANT: If the certificate holders an ADDITIONAL INSURED.the paioy(ies)must be endorsed. If SUDROGATTON IS WANED.subject to the terms and conditions of the pricy.certain policies may require an endorsement A statement on the certificate does not cordes rights to the certificate holder in leu of such endmsemenl(s). 11111111111 couracr rime 1_Name of Agent or Broker Broker PRONE =reit I, (S'`tre�et Address Amt ` ity fie,T_ n eSI AiFMMERCOY6GGE MRCS�Y �f mambwA1.111 = moans_ 2-Name of Insured MEND 3. Street Address bmwEalO: City,State,Tip .m.a,E: EIMERF COVERAGES CHTTFICATE NEMER REVISION NUMBER TIES IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED loam HAVE DN *IASL D TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED. NOTRIMIS1ANDING AMY REQUIREMENT,TERM OR(MAMMON OF ANY CONTRACT OR OTHER DOC6AENT WITH RESPECT TO PINCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT/{«,THE IYLSURAIICE AFFORDED BY THE POUCH DESCRY HEREIN IS SUBJECT TO AU_THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POU..S UNITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLANS. 8- aaA9aLUAmmY HbONOCCURRENCE 3_ OO1111EiOlKO®a1ALLLaELEr,r 4_ 5_ 6_ 7_ H OADARAIAOE❑Deacons mum.rIeanenaRsbb i PERSONA.&ACV MEW $ CENEA LAaGIRIOATE GEN AamREGAREL AITANNUM PEE: R O0UCri-CCI.FFAOC i POLtev nLOC11111.11.1111111111. COMMIS)INEWA URNS i RINANsurs i awn Aero 9- eamLymuu$704.1oar6 i ALL OWNED —'soreslAusa 1100E.Y MAWERR aNSAMO i FROMM Emma nwoaAuoos ^aAmos ao H® RAracasenE I ' AWN LJ aocza rnoaOCCURRENCE EXCESSi e nem If'—II CURIO-WM AGGREGATE I CUR RETUInCN$ i 10 ran I anrsAcaeI I ER ANY E7EL�? ❑ NSA EL EACH ACCCER i EIawrglRee EL CREASE-SUIPERUTIBI I NUM MAYER mer O®CEPTIEN OFOIEIIOa0Ab6 NEM EL.=EASE-PCUCYLUST I 11 Orange County Government is additionally insured on the General Liability Policy. A waiver of subrogation applies in favor of Orange County Government,it's agents,employees,and officials on the worker's Compensation Policy. CANCERATION 13_ Orange County Board of Comity Commissioners sNDuto ANY aF TTEDATABOVEE Dt rwL.ICES BE eENCCAFILED win TIE EkIaI►TION TN6tE0F. NOTICE wE.L D®JYERED « Procurement Division ACCORDANCE twat THEPOUCY PROVISIONS. 400 E South Street Orlando,Florida 32801 14. 019MS-2010 ACORD CORPORATION.Al rights reserved ACOHD 20(MINOR The ACORD name and logo are registered marks of ACORD ORANGE COUNTY CERTIFICATE CW INSURANCE REVIEW GUIDE 1. PRODUCER: Agents name and address must be shown along with contact name phone,fax,and email address_ 2. INSURED: Legal name and address of the entity entering into the contract or agreement 3. INSURERS AFFORDING COVERAGE&NAUC#: Name of the insurance company that is insuring the tire of coverage_The INSURER and applicable letter will be used throughout the certificate to indicate the lines of coverage placed with a particular insurance company_A letter must be shown in the INSUR LTR section for each coverage line listed on the certificate_ 4. ADDL INSR: Signifies whether coverage indudes additional insured status_Very few agents use this section. Additional insured status is usually discussed in the Description of Operations/Locations/Vehicles section_ 5.SUER WVD: Signifies that a waiver of subrogation is in valid for each line of coverage as indicated. 6.POLICY NUMBER: A poky number should be listed for each line of coverage for which commercial insurance is being provided. 7.POLICY EFFECfIVE/EXPIIA TION DATES: Effective and expiration dates should fall within the time frame of the inception of the contract or agreement &LIMITS: As required in the written agreement.The general aggregate should be at least twice the per occurrence Smit for all continuing service contracts_If the aggregate limit applies separately then the PROJECT box should be marked_ 9.AUTOMOBILE LIABILITY: The ANY AUTO box is preferable however;some organizations do not own vehicles so the other boxes may be marked_ 10.WORKERS'COMPENSATION: Look closely to see if any proprietor,partner,or executive officer is excluded_If so,please contact Risk Management for waiver approval The WC STATUTORY LIMITS box must be selected 11.OTHER: This section is used for other coverage such as professional liability and employee dishonesty.The same rules apply with regards to poky numbers,effective and expiration dates and limits_ 12.DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES: This section typically contains any special or qualifying language such as additional insured status or waivers of subrogation_If additional space is needed an ACORD 101 should be attached.Please note that these certificates are for information only and do not confer any rights upon the certificate holder_This is why we also ask for the specific policy language or endorsement specifying that these provisions are in place. 13.CERTIFICATE HOLDER: Orange County Board of County Cormnissioners should be listed as the certificate holder.Individual departments and divisions should not be listed as the primary certificate holder_ 14.AUTHORIZED REPRESENTATIVE: This section should contain the signature of the person authorized to issue the certificate on behalf of the insurance company. COI Review Guide Revised 07/2014 EXHIBIT B COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) The following are additional insured under the Professional Liability section of this policy (already included under the GL by form#86571). YOUR MEDICAL DIRECTORS AND ADMINISTRATORS, INCLUDING PROFESSIONAL PERSONS, BUT ONLY WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES FOR THE NAMED INSURED AS MEDICAL DIRECTORS AND ADMINISTRATORS; AN INDEPENDENT CONTRACTOR IS AN INSURED ONLY FOR THE CONDUCT OF YOUR BUSINESS AND SOLELY WHILE PERFORMING SERVICES FOR A CLIENT OF THE NAMED INSURED, BUT SOLELY WITHIN THE SCOPE OF SERVICES CONTEMPLATED BY THE NAMED INSURED; STUDENTS IN TRAINING WHILE PREFORMING DUTIES AS INSTRUCTED BY THE NAMED INSURED; ANY ENTITY YOU ARE REQUIRED IN A WRITTEN CONTRACT (HEREINAFTER CALLED ADDITIONAL INSURED)TO NAME AS AN INSURED IS AN INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR PREMISES OR OPERATIONS: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. EXHIBIT C POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: PROCUREMENT DIVISION 400 E. SOUTH STREET, 2nd FLOOR ORLANDO, FL 32801 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. EXHIBIT D WORKERS COMPENSTION AND EMPLOYEES LIABILITY INSURANCE POLICY WC 00 03 13 2ND Reprint Effective April 1, 1984 Advisory WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of Person or Organization: ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: PROCUREMENT DIVISION 400 E. SOUTH STREET, 2nd FLOOR ORLANDO, FL 32801 ©1983 National Council on Compensation Insurance, Inc. ©NCCI Holdings, Inc. EXHIBIT E POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: PROCUREMENT DIVISION 400 E. SOUTH STREET, 2nd FLOOR ORLANDO, FL 32801 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right to recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "Products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ATTACHMENT A— DELIVERY SCHEDULE LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground ORANGE COUNTY GOVERNMENT Estimated Annual Usage in Gallons 1,857,864, 87 Octane, E-10 10,000, 89 Octane, E-10 40,000, E-85 10,000, ULS Diesel 1,000,000, Dyed ULS Diesel 4400 Vineland Rd., Orlando, FL 15,000 87 B Octane 15,000 87 B Octane 15,000 87 B Octane 15,000 Diesel B 15,000 Diesel B 12,000 E85 A 1111 N. Rock Springs Rd., Apopka, FL 15,000 87 B Octane 475 Story Rd., Ocoee, FL 15,000 87 B Octane 12050 E. Colonial Dr., Union Park, FL 15,000 87 B Octane 1621 Alafaya, Tr., Orlando, FL 10,000 87 B Octane 10,000 Diesel B 3258 Clarcona Rd., Apopka, FL 15,000 87 B Octane 15,000 Diesel B 644 Beulah Rd., Winter Garden, FL 15,000 87 B Octane 15,000 Diesel B 4651 Young Pine Road, Orlando, FL 15,000 87 B Octane LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground 15,000 Diesel B 2530 Forsyth Rd., Orlando, FL 15,000 87 B Octane 12,000 Diesel B 18735 Old Cheney Hwy., Bithlo, FL 15,000 87 B Octane 15,000 Diesel B 1621 S. Alafaya Tr., Orlando, FL 10,000 87 B Octane 10,000 Diesel B 10,000 Diesel B 5901 Young Pine Rd., Orlando, FL 10,000 Dyed A Diesel 12100 Young Pine Rd., Orlando, FL 10,000 87 A Octane 12,000 Diesel A 12,000 Dyed A Diesel 8750 White Rd., Orlando, FL 12,000 Diesel B 9100 Curry Ford Rd., Orlando, FL 10,000 Dyed A Diesel 9100 Curry Ford Rd., Orlando, FL 10,000 Dyed A Diesel 1621 S. Alafaya Trail, Orlando, FL 12,000 Dyed A Diesel 12,000 Dyed A Diesel 12,000 Dyed A Diesel 4760 Sand Lake Rd., Orlando, FL 12,000 Dyed A Diesel 12,000 Dyed A Diesel 12,000 Dyed A LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground Diesel 10,000 Dyed A Diesel 16,000 Dyed B Diesel 701 W. McCormick Rd., Apopka, FL 12,000 Dyed B Diesel 8100 President Drive Orlando FL 15,000 87 B Octane 20,000 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. 10,000 87 B Octane 4,000 Diesel B 497 West Dr., Altamonte Springs, FL 10,000 87 B Octane 4,000 Diesel B 952 Keller Rd., Altamonte Springs, FL 8,000 Dyed A Diesel CITY OF SANFORD Estimated Annual Usage in Gallons 210,947, 89 Octane, E-10 65,358, ULS Diesel 800 W. Fulton St., Sanford, FL 10,000 89 B Octane 10,000 Diesel B CITY OF OCOEE Estimated Annual Usage in Gallons 119,000, 87 Octane, E-10 LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground 58,400, ULS Diesel 301 Maguire Rd., Ocoee, FL 10,000 87 A Octane 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 B Octane 10,000 Diesel B 500 N. Virginia Dr., Winter Park, FL 10,000 89 B Octane ORLANDO UTILITIES COMMISSION Estimated Annual Usage in Gallons 206,817, 87 Octane, E-10 3,961 ULS Diesel 226,615 Bio Diesel B20 6025 Pershing Ave., Orlando, FL 10,000 87 A Octane 10,000 Diesel A 3824 Gardinia Ave., Orlando, FL 10,000 87 A Octane 10,000 Diesel A 5100 Alafaya Trail, Orlando, FL 10,000 87 A Octane 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 B LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground Octane 20,000 87 B Octane 20,000 Diesel B 30,000 Diesel B 1910 E. Osceola Rd., Geneva, FL 12,000 87 A Octane 12,000 Diesel A 150 Bush Blvd., Sanford, FL 10,000 Diesel A CITY OF MELBOURNE Estimated Annual Usage in Gallons 65,000, 87 Octane, E-10 60,000, ULS Diesel 2901 Harper Rd., Melbourne, FL 12,000 87 B Octane 12,000 Diesel B CITY OF COCOA Estimated Annual Usage in Gallons 235,807 - 87 Octane 32,900 - ULS #2 Diesel 40,750 - B20 Diesel 190,100 - Dyed Diesel 301 Shearer, Cocoa FL (Fleet Maintenance) 10,000 B20 A Diesel 10,000 87 B Octane 12,000 87 B Octane 28400 E. Hwy 520, Christmas FL (Dyal Plant) 10,000 Dyed A Diesel 10,000 Dyed A Diesel 10,000 Dyed A Diesel LOCATION TANK FUEL A = Above CAPACITY Ground IN GALLONS B = Below Ground Wewahootee Rd, Pumping Station, Cocoa FL 10,000 Dyed A Diesel