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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-200n Temp Reso #10523 Page 1 August 12, 2004 Revision 1 — 8/26/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- d,00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE PURCHASE OF DIESEL FUEL FROM MACMILLAN OIL COMPANY OF FLORIDA, INC. UTILIZING BROWARD COUNTY CO-OP CONTRACT #D-1-04-018-131; AUTHORIZING TOTAL ANNUAL EXPENSES FOR THE PURCHASE OF DIESEL NOT TO EXCEED $141,300; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, gasoline and diesel fuels are necessary in order to operate the City fleet; and WHEREAS, City of Tamarac Code, §6-154, allows the Purchasing Officer the authority to join with other units in cooperative purchasing when the best interest of the City would be served; and WHEREAS, Broward County issued Bid #D-1-04-018-131, on behalf of the Southeast Florida Governmental Purchasing Cooperative (hereto attached as Exhibit 1), and WHEREAS, the City of Tamarac is a member of the Southeast Florida Governmental Purchasing Cooperative; and WHEREAS, Broward County has awarded Bid #D-1-04-018-B1 (hereto attached as Exhibit 2) to MacMillan Oil Company for the purchase of diesel fuel for the period starting June 1, 2004 and terminating on May 31, 2005; and WHEREAS, funds are available for the purchase of diesel fuel; and WHEREAS, it is the recommendation of the Director of Public Works and the Temp Reso #10523 Page 2 August 12, 2004 Revision 1 — 8/26/04 Purchasing and Contracts Manager that Broward County Co -Op Bid # D-1-04-018-B1 be utilized for the purchase of diesel fuel; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to purchase diesel fuel utilizing this Broward County Cooperative Purchasing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to purchase diesel fuel from MacMillan Oil Company of Florida, Inc. under Broward County Co-op Contract #D-01-04-018-131, a copy of said contract attached hereto as Exhibit 3. SECTION 3: The purchase of gasoline and diesel fuels utilizing the Broward County Co-op Contract is hereby authorized in an annual amount not to exceed $141,300. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end the provisions of this Resolution are declared to be severable. 1 1 G SECTION 6: passage and adoption. Temp Reso #10523 Page 3 August 12, 2004 Revision 1 — 8/26/04 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 8th day of September, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. K , FT CITY ATTORNEY JOE SCHREIBER Mayor RECORD •F COMMISSION VOTE: MAYOR SCHREIBER AVe DIST 1: COMM. PORTNE DIST 2: COMM. FLANSBAUM- ALABISCO e DIST 3: V/M SULTANOF Ave DIST 4: COMM. ROBERTS EXHIBIT "1" TR•10523 SUBMIT BID TO: BOARD OF COUNTY COMMISSIONERS ;. Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 BROWARD COUNTY, FLORIDA INVITATION FOR B I D bR RY Fort Lauderdale, Florida 33301-1801 (954) 357-6065/66 Bidder Acknowledgment - GENERAL CONDITIONS - THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGEMENT AND RETURNED WITH YOUR SEALED BIDS: This form must be executed and submit- ted with all bid sheets in a sealed envelope. (DO NOT BIDS WILL BE OPENED 2 p.m. MARCH 16, 2004 and may not be withdrawn within 90 calendar days after such date and time. BID TITLE PETROLEUM - DEISEL FUEL #2 AND BIODIESEL - COOP INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the envelope shall contain the above address, the date and the time of bid opening, and bid number. Bids not submitted on attached bid form may be rejected. All bids are subjected to the conditions specified herein. Those which do BID NO. D104018131 not comply with these conditions are subject to rejection. 1, EXECUTION OF BID: Bid must contain an original signa- ture of an individual authorized to bind the bidder. Bid must PURCHASING AGENT WILL GLASMYER (954) 357-6078 be typed or printed in ink. All corrections made by bidderto DELIVERY DATE his bid must also be initialled. The bidder's name should also appear on each page of the bid sheet if required. Bids will not be accepted from firms in arrears to the Board of SEE SPECIAL INSTRUCTION CASH DISCOUNT TERMS County Commissioners upon debt or contract nor from a defaulter upon obligations to the Board of County Commis- sioners. Bidder certifies by signing the bid that no princi- pals or corporate officers of his firm were principals or corporate officers in any other firm which may have been suspended or debarred from doing business with Broward BID GUARANTY IS ATTACHED, WHEN REQUIRED, IN THE AMOUNT OF $ County within the last three years, unless so noted in the bid documents. REASON FOR NO BID 2. NO BID: If not submitting a bid, respond by returning this FEDERAL EMPLOYER I.D. or SOCIAL SECURITY NUMBER Bidder Acknowledgement form, marking it "NO BID", no later than the stated bid openingdateand hour, and explain the reason in the space provided. Failure to respond DUN & BRADSTREET NUMBER without justification may be cause for removal of the BIDDER NAME bidder's name from the bid mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID." 3, BID WITHDRAWAL: No bidder may withdraw his bid BIDDER MAILING ADDRESS/CITY/STATE/ZIP before the expiration of ninety (90) calendar days from the date of bid opening unless vendor so notes in the bid. 4. BID OPENING: Shall be public, on date, location and time specified on the bid form. The official time is the time clock AREA CODE TELEPHONE NO. CONTACT PERSON located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the FAX NO. INTERNET ADDRESS bidder's responsibility to assure that his bid is delivered on date, location and time specified on the bid form. Bids, which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened maybe examined during normal working hours by appoint- ment. Bid tabulations are available for inspection upon request. AUTHORIZED SIGNATURE (original in ink) (Continued on Page 2) TYPED NAME OF SIGNER TITLE I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same itemstservices, and is in all respects fair and without collusion or fraud I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder Further by signature of this form, pages 1 through 4 are acknowledged and accepted as well as any special instruction shael(s) if applicable. Fow #103-28 (Rs . 3/99) Page 1 of 4 5. ADDENDA TO BID: Broward County reserves the right to amend this Bid prior to the Bid opening date indicated. Only written addenda will be binding. If, upon review, material errors in specifications are found, contact the Purchasing Division immediately, prior to Bid opening date, to allow for review and subsequent clarification on the part of Broward County. 6, PRICES, TERMS & PAYMENTS: Firm prices shall be bid and include all handling, set up, shipping and inside delivery charges to the destination shown herein unless otherwise indicated. (a) The Bidder: in submitting this bid certifies that the prices quoted herein are not higher than the prices at which the same commodity(ies) or service(s) is sold in approximately similar quantities under similar terms and conditions to any purchaser whomsoever. (b) F.O.B. —as specified in Special Instructions to bidder. (c) Tie Bids: The award on tie bids will be decided by the Director of the Purchasing Division in accordance with the provisions of the Procurement Code. (d) TAXES: Broward County is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption numbers appearon purchase order. The Contractor shall pay all applicable sales, consumer, land use, or other similar taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and complying with all requirements. (e) DISCOUNTS: Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any dis- counts to be considered in the bid evaluation in the unit prices bid. (f) MISTAKES: Bidders are cautioned to examine all specifications, drawings, delivery instructions, unit prices, extensions and all other special conditions pertaining to the bid. Failure of the bidderto examine all pertinent documents shall not entitle him to any relief from the conditions imposed in the contract. In case of mistakes in extension, the unit price shall govern. Multiplication or addition errors are deemed clerical errors and shall be corrected by the County. (g) ORDERING: The Board of County Commissioners re- serves the right to purchase commodities/services speci- fied herein through contracts established by other govern- mental agencies or through separate procurement ac- tions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract and if the seller is unable to comply therewith, the Board of County Commissioners reserves the right to obtain such delivery from others without penalty or prejudice to the County or to the seller. 7. TERMINATION: (a) FUND -OUT: The Broward County Board of County Commissioners shall be the final authority as to avail- ability of funds and how such available funds are to be allotted and expended, In the event funds for this project/ purchase are not made available or otherwise allocated Broward County may terminate this contract upon thirty (30) days prior written notice to the contractor. (b) NON PERFORMANCE: If, in the opinion of the Board of County Commissioners, the Contractor fails to per- form after reasonable notice, or the Contractor willfully or negligently does not comply with specifications, requirements, terms and conditions of the Contract, the County reserves the right to cancel the Contract by means of written notification. (c) CANCELLATION FOR CONVENIENCE: The County reserves the right, at its option, to cancel this contract for any or no cause, for County convenience, by giving thirty (30) days prior written notice to the vendor/ contractor, at the end of which time this contract will automatically expire without the necessity of any fur- ther action. In the event this contract is terminated for convenience as provided in this section, the vendor/ contractor will be paid for all materials, goods and services (as applicable in such contract) incurred prior to the effective date of termination. Additionally, the vendor/contractor may, atthe reasonable, professional discretion of the County Purchasing Director, be al- lowed direct termination expenses and fixed settle- ment costs which have become firm prior to the date of the notice of termination. No payment will be made for lost or future profits. Upon receipt of the notice of termination issued under this section, the vendor/con- tractor shall discontinue all work, cease any deliveries, shipment, or carriage of goods and make available to the County Purchasing Director any and all reports, data, specifications, estimates, summaries, and infor- mation as are required by the contract. 8. CONDITIONS AND PACKAGING: Unless otherwise stated in the special instructions to bidders or the bid sheets, or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and shall be the current standards production model available at the time of the bid. The goods must be suitably packaged for shipment by common carrier. Each container or multiple units or items otherwise packaged shall bear a label, imprint, stencil or other legible markings stating name of manufacturer or supplier, purchase order number and any other markings required by specifications, or other acceptable means of identifying vendor and purchase order number. 9. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code deliv- ered from a contract resulting from this bid must be accompa- nied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet (MSDS) should also be submitted to the Broward County Risk Management Division, 115 South An- drews Avenue, Room 210, Fort Lauderdale, Florida 33301- 1803. The MSDS must include the following information. (a) The chemical name and the common name of the toxic substance. (b) The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosivity, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggra- vated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of over- exposure. Page 2 of 4 Pages (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety pre- cautions in the use of or exposure to the toxic sub- stances, including appropriate emergency treatment in case of overexposure. (d) The emergency procedure for spills, fire, disposal, and first aid. (e) A description inlay terms of the known specific poten- tial health risks posed by the toxic substance intended to alert any person reading this information. Vendor at his expense and redelivered at his expense. Rejected goods left longer than thirty (30) days will be regarded as abandoned and the Board shall have the right to dispose of them as its own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do so, the Vendor shall immediately remove and replace such rejected merchandise at his expense. Rejection for non-conformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in contractor being found in default. (f) The year and month, if available, that the information 14. INSPECTION, ACCEPTANCE AND TITLE: Inspection and was compiled and the name, address, and emergency acceptance will be at destination. Title and risk of loss or telephone number of the manufacturer responsible for damage to all items shall be the responsibility of the contrac- preparing the information. for until accepted by the County. 10. MANUFACTURERS NAME AND APPROVED EQUIVA- LENTS: Manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and establishment of quality level de- sired and are not intended to limit competition unless other- wise specified in the bid. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit with his bid complete descriptive literature and/ orspecifications. The bidder should also explain in detail the reason(s) why and submit proof that the proposed equiva- lent will meet the specifications and not be considered an exception thereto. Broward County Board of County Com- missioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do not comply with these requirements are subject to rejection. If Bidder fails to name a substitute it will be assumed that he is bidding on, and he will be required to furnish goods identical to bid standard. 15. GOVERNMENTAL RESTRICTIONS: In the event any gov- ernmental restrictions may be imposed which would necessi- tate alteration of the material quality, workmanship or perfor- mance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the County at once, indicating in his letter the specific regulation which required an alteration. The Board of County Commis- sioners reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County. it 11. INTERPRETATIONS: Any questions concerning condi- tions and specifications of this bid shall be directed in writing to the Purchasing Division a minimum of 24 hours prior to bid opening. No interpretation(s) shall be considered bind- 17 ing unless provided to all Bidders in writing by the Director of the Purchasing Division. 12, AWARDS: If a specific basis of award is not established in the special Instructions to bidders, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. As the best inter- est of the Board of County Commissioners may require, the right is reserved to make award(s) by individual commodi- ties/services, group of commodities/services, all or none or any combination thereof. When a group is specified, all items within the group must be bid. A bidder desiring to bid "No Charge" on an item in a group must so indicate, otherwise the bid for the group will be construed as incom- plete and may be rejected. However, if bidders do not bid all items within a group, the County reserves the right to award on an item by item basis. When a group bid is indicated for variable quantities and the bid forthe groupshows evidence of unbalanced bid prices, such bid may be rejected. The Purchasing Director, or the Board of County Commission- ers, whichever is applicable reserves the right to waive technicalities and irregularities and to reject any or all bids. LEGAL REQUIREMENTS: Applicable provisions of all Fed- eral, State, County and local laws, and of all ordinance, rules and regulations including the Procurement Code of Broward County shall govern development, submittal and evaluation of bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid in response hereto and Broward County by and through its officers, employees and autho- rized representative, or any other person natural or other- wise. Lack of knowledge by any bidder shall not constitute a recognizable defense against the legal effect thereof. PATENTS AND ROYALTIES: The bidder, without excep- tion, 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, pat- ented or unpatented invention, process, or article manufac- tured or used in the performance of the contract, including its use by the County. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. IS. ASSIGNMENT, SUBCONTRACT: Contractor shall not transfer, convey, pledge, subcontract or assign the perfor- mance required by this bid without the prior written consent of the Purchasing Director. Any Award issued pursuant to this bid invitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Purchasing Director. 19. QUALIFICATIONS OF BIDDER: Bids will be considered only 13. NON-CONFORMANCE TO CONTRACT CONDITIONS: from firms normally engaged in providing the types of com- The County may withhold acceptance of, or reject any items modities/services specified herein. The Purchasing Directorar which are found, upon examination, not to meet the speci- the Board of County Commissioners, reserves the right to fication requirements. Upon written notification of rejection, inspectthe facilities, equipment, personnel and organization or items shall be removed within five (5) calendar days by the to take any other action necessary to determine ability to Page 3 of 4 Pages perform in accordance with specifications, terms and condi- tions. The Purchasing Director or the Board of County Commis- sioners will determine whether the evidence of ability to per- form is satisfactory and reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. The Purchasing Director or the Board of County Commissioners reserves the right to consider a bidder's history of citations and/or violations of Environmental regulations in determining responsibility. Bidder should submit with his pro- posal a complete historyof all citations and/or violations notices and dispositions thereof. Failure of a Bidder to submit such information may be grounds for termination of any contract awarded to successful Bidder. Bidder shall notify County immediately of notice of any citations or violations which he may receive after the Bid or Proposal opening date and during the time of performance under any Contract awarded to him. 20. EQUAL EMPLOYMENT OPPORTUNITY: No Contractorshall discriminate against any employee or applicant for employ- ment because of race, religion, color, sex or National origin, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or National origin, or physical ormental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provi- sions of this non-discrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 21. NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County, unless otherwise pro- vided in the Contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the Seller may be given telephone notice, to be confirmed by an order in writing. 22. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity prior to the initiation of any such change. 23. RESOLVE PROTESTED SOLICITATIONS AND PRO- POSED AWARDS: In accordance with the Broward County Procurement Code Sec. 21.118, relative to "Pre -Litigation Protested Solicitations and Proposed Awards": a. Right to Protest. Any actual or prospective bidder or offeror who is aggrieved in connection with the solicita- tion or proposed award of a contract which is $100,000 or greater may protest to the Director of Purchasing. The protest shall be submitted in writing within seven calen- dar days after such aggrieved person knows or should have known the facts giving rise thereto. Any actual or prospective bidderorofferwho is aggrieved in connection with the solicitation or proposed award of a contract which is less than $100,000 may protest to the Director of Purchasing. The protest shall be submitted in writing within three working days from the time the recommendation for award is made by a Purchasing Agent to the Director of Purchasing. 24. PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider who has been placed on the convicted vendor list following a conviction of a Public Entity Crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract with the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact any business with the County in excess of the threshold amount (currently $15,000) provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of the County purchase and may result in debarment. 25. RECYCLED CONTENT INFORMATION: In support of the Florida waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percent- age of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be ex- tracted and recycled after the product has served its in- tended purpose. 26. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each Governmental unit which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. It is understood and agreed that Broward County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. The entire chapter of the Broward County Procurement Code describing the aforementioned subject matter can be obtained from the Purchasing Division's Secretary by calling (954) 357- 6071. You may also view and/or download the Procurement Code Notices for Bids, Requests for Quotation, Request for Letters of Interest, structure of the Purchasing Division, telephone direc- tory, How to do Business with Broward County and Vendor Registration on the internet at: http://www.co.broward.fl.us/purchasing,htm Page 4 of 4 Pages SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately twenty-six (26) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise, • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasin-g Cooperative are strictly prohibited from utilizing any contract or Purchase order resultinu form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE. COSTS" PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 PURCHASINGDIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA SPECIAL INSTRUCTIONS TO BIDDERS IN ADDITION TO GENERAL CONDITIONS) CO-OP FOR PETROLEUM — DIESEL FUEL # 2 AND BIODIESEL SCOPE: Bids are hereby invited on an open-end basis for Petroleum — Diesel Fuel #2 and Biodiesel for the Southeast Florida Governmental Purchasing Cooperative and Various Broward County Divisions. The initial Contract period shall start on date of award, or June 1, 2004, whichever is later and shall terminate one (1) year from that date. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. All markup/discount prices, terms and conditions shall remain fixed for the initial period of the contract. In addition, all markup/discount prices, terms and conditions shall remain fixed for the renewal period of the contract exception of Biodiesel. REFER TO ATTACHMENT "A", PARAGRAPH 5, PRICING. Biodiesel only All prices, terms and conditions shall remain fixed for the initial three (3) month period of the contract. Following the three (3) month period, price increases may be accepted by the Director of Purchasing in accordance with the procedure described in Section 12, Special Clauses, of this document (See Page 8 of 28). The Purchasing Director may renew this contract for a one (1) year period subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing Director. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the County. PDF-PB02-2004 2/17/04 Page 1 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL SCOPE: (Continued) No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, make random, open market purchases for any or all of the item(s) on any open end contract or, any combination of the preceding. No delivery shall become due or be acceptable without a written order by the County, unless otherwise provided for in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. 2. SPECIFICATIONS AND REQUIREMENTS: The specifications, requirements and services to be provided are stated in Attachment "A" attached hereto and made a part hereof. 3. FURTHER INFORMATION: Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should contact Will Glasmyer, Purchasing Agent at (954) 357-6078. Bidders requiring technical clarifications should contact Lorraine Smith, Assistant Director at (954) 357-8360. No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. 4. PORT EVERGLADES SECURITY REQUIREMENTS: Port Everglades requires persons to have an identification badge issued prior to entry into the Port. An identification badge shall be obtained and paid for by the contractor for all employees, subcontractors, agents and servants working on the Port project. The Restricted access badge application process will include fingerprints and a comprehensive background check. Badges must be renewed annually and the fees paid pursuant to Broward County Administrative Code, Section 42.6. For further information, please call (954) 765-4604. 5. SPECIAL NOTICE: In accordance with OSHA Regulation 29 CFR 1926.1101(k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County locations. For a listing of those locations, refer to www.broward.org/purchasing/bids/asbestos.pdf. You may request a copy of subject location listing by calling (954) 357-6066. 6. SITE VISIT AND/OR PRE -BID CONFERENCE: Not applicable for this bid. PDF-P602-2004 2/17/04 Page 2 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 7. DELIVERY AND ACCEPTANCE: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state on the Bid Sheet the number of calendar days required to make delivery and/or installation after issuance of purchase order or request for services. However, goods required for daily consumption, or where the delivery is an emergency, a replacement, or is overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made not later than next succeeding business day. Delivery is FOB destination freight included and shall be inclusive of all costs and is to be made to the following site(s): REFER TO ATTACHMENT "A", CONTACTS FOR STORAGE FACILITIES. Delivery must be made within 24 hours after time of order. Vendor who cannot meet delivery requirements may be considered non -responsive. REFER TO ATTACHMENT "A", PARGRAPH 4, DELIVERY. 8. SAMPLES. -PRODUCT LITERATURE AND DESCRIPTIVE CATALOGUES: Not applicable for this bid. 9. INSURANCE REQUIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACHED)(Attachment "F") The Insurance Requirements contained in this Bid represent the minimal protection necessary for the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division if circumstances change or adequate protection of the County is presented. No award will be recommended until a written determination is made by Risk Management Division that the County is adequately protected. The low bidder shall be required to provide proper insurance to the Purchasing Division prior to award by the Purchasing Director or recommendation of award to the Board of County Commissioners, whichever is applicable. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COUNTY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth in this Section. 9.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(s) must include: PDF-PB02.2004 2/17/04 Page 3 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 9. INSURANCE REQUIREMENTS: (Continued) 9.1.1 Employers' Liability with minimum limits of One Hundred Thousand Dollars ($100,000.00) each accident. 9.1.2 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 9.1.3 If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. 9.2 Comprehensive General Liability with minimum limits of One Million Dollars ($1.000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 9.2.1 Premises and/or Operations. 9.2.2 Independent Contractors, 9.2.3 Products and/or Completed Operations. 9.2.4 Explosion, Collapse and Underground Coverages. 9.2.5 Broad Form Property Damage. 9.2.6 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 9.2.7 COUNTY is to be included as an "Additional Insured" in the name of "Broward County Board of Commissioners" with respect to liability arising out of operations performed for COUNTY in connection with general supervision of such operation. 9.2.8 Notice of Cancellation and/or Restriction -- The policy(s) must he endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 9.3 Business Automobile Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 9.3.1 Owned Vehicles. 9.3.2 Hired and Non -Owned Vehicles. PDF-PB02-2004 2/17104 Page 4 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 9. INSURANCE REQUIREMENTS: (Continued) 9.3.3 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restrictions. 9.4 Environmental Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence with a maximum deductible of Ten Thousand Dollars ($10,000.00), without restrictive endorsements, as filed by the Insurance Services Office. 9A.1 Notice of Cancellation and/or Restriction — the policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 9.5 The CONTRACTOR shall provide to the COUNTY Certificates of Insurance evidencing the insurance coverage specified in 9.1, 9.2, 9.3 and 9.4 above. The Contractor should provide these Certificates within fifteen (15) days after request by the Purchasing Agent. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Contract and section and the above paragraphs in accordance is as required by such paragraphs of this Contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 9.6 Certificates of insurance shall be provided as specified in sub -section 9.5 above unless any of these coverages are, for just cause, inapplicable, and upon specific request by the vendor are excepted by written determination of risk management and approved by the purchasing director. If an exception is requested, the bidder should indicate in the appropriate area on the bid sheet any such request including reason(s) thereto for exemption from insurance requirements as specified in this section of this invitation for bid/quotation request. 10, INDEMNIFICATION: The CONTRACTOR shall indemnify and save harmless the COUNTY, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the completion of this Project; or by or in consequence of any negligence (excluding negligence of COUNTY), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or their Subcontractor, Agents, Servants or Employees. Contractor agrees to indemnify and save harmless the COUNTY against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR. The CONTRACTOR agrees to indemnify and save harmless the COUNTY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against COUNTY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against COUNTY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. PDF-PS02-2004 2/17104 Page 5 of 28 PREVIOUS CONTRACT NO. D-X-01.228-B1 BID NO. D-1-04-018-131 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM -- DIESEL FUEL #2 AND BIODIESEL 10. INDEMNIFICATION: (Continued) The indemnification provided above shall obligate the CONTRACTOR to defend at their own expense or to provide for such defense, at the COUNTY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against the COUNTY which may result from the operations and activities under this Contract whether the operations be performed by the CONTRACTOR, their subcontractor or by anyone directly or indirectly employed by either. 11. WARRANTY: The bidder should specify any warranty applicable to the items bid. 12. PAYMENT: Payment will be made by the County after commodities/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must state the purchase order number. 13. LIVING WAGE ORDINANCE: Not applicable for this bid. 14. SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM (SDBEAAP): SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM SDBEAAP : In 1993, the Board of County Commissioners enacted an ordinance updating the Small Disadvantaged Business Enterprise (SDBE) Affirmative Action Program, requiring goals in all County procurement activity at the following levels: (1) One Hundred and Fifty Thousand ($150,000) Dollars or above in construction activity; (2) Seventy -Five Thousand ($75,000) Dollars or above in total contract value for architectural/engineering and related activity; and (3) Fifty Thousand ($50,000) Dollars or above in total contract value for all other goods and services activity. This project falls into category 3 above. If the amount bid is $50,000.00 or more, or if goals have been set for this Contract, bidders must comply with the requirements set forth in Article XIV, Chapter 20, Broward County Code of Ordinances, in order to be considered responsive and/or responsible. These documents are available at the Office of Economic Development/Small Business Development Division (SBDD) during normal business hours for review and assistance. PDF-PB02-2004 2/17/04 Page 6 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM -- DIESEL FUEL #2 AND BIODIESEL 14. SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM ,(-SDBEAAP): (Continued) SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM SDBEAAP : (Continued) All Bidders must submit with their bid a Bidders SDBE Response Sheet Attachment "C" 00321 a Schedule of SDBE Participation (Attachment "D") (00322) showing SDBE firms (if any) participating in the Project as prime contractor, subcontractor or supplier (an SDBE Unavailability Schedule [Attachment "E") (00325) is required if numerical goals have not been met by bid opening). Please Note: In accordance with Ordinance 93-17 Section 20-277 (b) "Contract Goals"... A Business Enterprise owned by a woman who is a member of a minority group may be counted on a participation contract as a MBE or a WBE but not both. For the purposes of goal achievement the County requires the successful Bidder to use Certified Broward County small disadvantaged business enterprises; and the Office of Economic Development/Small Business Development Division maintain a certified directory of SDBE's which is available to Bidders. THIS CONTRACT HAS THE FOLLOWING SDBE NUMERICAL GOALS: Minority Business Enterprise TOTAL SDBE NUMERICAL GOALS 12% In addition to the SDBE Directory mentioned above, the Small Business Development Division also maintains the directory which is available for use by CONTRACTORS on-line through the Broward County SEFLIN Free Net Network. Contact the SBDD at (954) 357-6400 for more information. The COUNTY encourages the CONTRACTOR to use minority owned -and -operated banks. Small Disadvantaged Business Enterprise (SDBE) is defined as a small business that is at least 51 percent beneficially owned and is routinely managed by one or more disadvantaged individuals of the following classifications: A. African Americans, which includes persons having origins in any of the black racial groups of Africa; B. Hispanic Americans, which includes persons of Spanish or Portuguese culture with origins in North, South or Central America or the Caribbean region, regardless of race. C. Asian -Pacific Americans, which includes persons whose origins from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific and Northwest Marianas; D. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; E. Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh; F. Any individuals found to be socially and economically disadvantaged by the Small Business Administration; and G. Any women not included in (A) through (F) above. PDF-PB02-2004 2/17104 Page 7 of 28 PREVIOUS CONTRACT NO. D-X-01-228-131 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 14. SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM SDBEAAP : (Continued) SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM SDBEAAP : (Continued) NOTE: The Broward County SDBE Ordinance stipulates limitations on earnings to qualify as an SDBE. This information is available at the Office of Economic Development/Small Business Development Division. Telephone (954) 357-6400. NOTE: Any language indicating SDBE documents must be submitted with the bid is now changed to should be submitted with the bid. SDBE compliance is now a matter of responsibility. 15. PRICE ADJUSTMENT CLAUSES: Price Escalation Caused by Raw Material Cost Increase The vendor must complete the Price Adjustment Section on page 13 of 28 entitled "Bid Sheet". In addition, the vendor must provide a letter within five (5) working days after being requested by the Purchasing Division from the normal supplier verifying the information provided on the bid sheet. If the vendor does not supply the information required at the appropriate time the vendor will not be eligible to receive any price increase. If, after the first three months of the initial contract period, the price of soybean oil as published in the Wall Street Journal on the first working day of the month is increased fifteen (15%) over the price in effect at the time the vendor submitted the bid, the vendor may request a price increase equal to the overall cost increase experienced in the product manufacture, handling or shipping as a direct result of the cost increase. The vendor may request a price increase after each three (3) month period if the price of soybean oil as published in the Wall Street Journal on the first working day of the month at time of request has increased fifteen (15%) percent in effect at the time the vendor submitted the bid or after time of the last price increase awarded. The vendor must request in writing to the Director of Purchasing. This request must be accompanied by the appropriate documentation supporting the vendor's claim of a need for a price increase. At a minimum, this documentation must show the price of soybean oil at the normal point of supply on date of contract award, the current price of soybean oil percentage of final product cost attributable to Biodiesel 100, costs at the time the vendor request a price increase, the same data must be provided from the same supplier to substantiate this claim. PDF-PB02-2004 2/17104 Page 8 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 15. PRICE ADJUSTMENT CLAUSES: (Continued) Price Escalation Caused by Raw Material Cost Increase (Continued) Written notification will be sent to the Contractor by the Director of Purchasing of the decision to accept or not accept the price increase. In the event of non -acceptance of such revision the Contract will be deemed terminated as of the close of business the day prior to the effective date of change as stated in Contractor's submission. In the event of a price increase the new prices will apply only to the orders placed after the acceptance by the County. Any orders placed prior to the effective date will not be affected and will be invoiced at the prices in effect at the time the order was placed. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the Contractor prior to the termination date even if no increase is granted by the Purchasing Director. Failure to complete delivery could cause the Contractor to be debarred from doing business with the County according to the Broward County Procurement Code Section 21.119, Authority to Debar or Suspend. If after the first three months of the initial contract period, the price of soybean oil is decreased by fifteen (15%) below the price in effect at the time the vendor submitted a bid, the vendor is required to extend to the County a price decrease equal to the overall price decrease experienced in the product manufacture, handling or shipping as a direct result of the price decrease. The County may request a price decrease after each three (3) month period if the price of soybean oil as published in the Wall Street Journal on the first working day of the month at time of request has decreased fifteen (15%) percent in effect at the time the vendor submitted the bid or after time of the last price increase awarded. The same data base and procedure applicable for a price increase will be used for a price decrease. The vendor is to notify the Director of Purchasing of any Price Decreases within seven (7) calendar days of the first working day of the month. If the vendor does not notify, the Director of Purchasing may request a reduction in price from the vendor in writing prior to contract renewal or forty-five (45) days prior to the effective date of change. If the vendor does not agree to the decrease, the Director of Purchasing must be notified no later than thirty (30) days prior to the effective date of the change. If the vendor fails to notify the Director of Purchasing of non -acceptance within the time frame, it shall mean the vendor concurs with it and the new prices will take effect. In the event of non -acceptance by the vendor of such revision the contract will be deemed terminated as of the close of the business day prior to the proposed effective date of change. 16. DRUG -FREE WORKPLACE CERTIFICATION: Broward County Procurement Code Chapter 21.31.a, requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Attachment"B") must be furnished to this office prior to an award being made. Failure to provide this certification will render your office unqualified and ineligible for award. POF-PB02-2004 2/17/04 Page 9 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 17. PUBLIC ENTITY CRIMES ACT (AMENDED): With reference to Paragraph 24 of Invitation to Bid, eliminate the reference to $15,000 in excess of threshold amount provided in Section 287.017, Florida Statutes. Category two threshold dollar amount at the time of bid opening shall apply. 18. NON -COLLUSION STATEMENT: By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. RELATIONSHIPS In the event the vendor does not indicate any names, the County shall interpret this to mean that the vendor has indicated that no such relationships exist. PDF-PB02-2004 2/17104 Page 10 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-81 BID SHEET CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled in, BID SHEET is attached to the completed 'Invitation For Bid" and returned herewith. In accordance with all terms, conditions, specifications and requirements, the bidder offers the following: GROUP FIRM** UNIT ITEM COMMODITY CODE OPTS* MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT (-) PER GAL. QUANTITY PRICE 1 Q 0 * ** #405 09 002 0002 Diesel Fuel #2 1.0553 +/- _ $ Low Sulfur Tankwagon #405 09 002 0001 Diesel Fuel #2 1.0553 +/- _ $ X Low Sulfur Transport #405 09 003 0002 Diesel Fuel #2 1.0562 +/- = $ X High Sulfur Tankwagon OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5, NAME OF COMPANY: X 1,500,000 $ Gal. 8,500,000 $ Gal. 200,000 $ Gal. PDF-PB02-2004 2117104 Page 11 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID SHEET (Continued) BID NO. D-1-04.018-131 CO-OP FOR PETROLEUM - DIESEL FUEL #2 AND BIODIESEL GROUP 4 (ITEMS 4-5) FIRM** UNIT ITEM COMMODITY CODE OPTS* MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT (-) PER GAL. QUANTITY PRICE 4. #405 09 004 0009 Biodiesel Fuel 1.0553 +/- - $ X 80,000 $ B20 Gal. * OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. ** Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. FIRM*** ITEM COMMODITY CODE UNIT PRICE ESTIMATED TOTAL NO. DESCRIPTION PER GALLON QUANTITY PRICE 5. #405 09 003 0010 Biodiesel Fuel B100 $ X 55,000 Gal. $ "** Price may be adjusted after the first three (3) months of the initial contract period. Refer to Section 15 (Page 8 of 28) and Attachment A, Paragraph 5. GROUP TOTAL FOR GROUP 4 (ITEMS 4-5) $ GRAND TOTAL FOR GROUPS (1 THRU 5) $ Delivery shall be made between 9:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Delivery at other times shall be by special arrangement only. Delivery will be made within 24 hours after time of order, not to exceed 48 hours. Delivery MUST be FOB destination, freight included and shall be inclusive of all costs. In accordance with Paragraph 9.6 of "Special Instructions to Bidder" indicate if an exception to insurance requirements is being requested. Be specific and state reason: NAME OF COMPANY: AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. PDF-PB02-2004 2/17104 Page 12 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID SHEET (Continued) BID NO. D-1-04-018-B1 CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL RECYCLED CONTENT INFORMATION: 1. IS THE MATERIAL IN THE ABOVE: VIRGIN O OR RECYCLED 0 (CHECK THE APPLICABLE BO)Q. IF RECYCLED, WHAT PERCENTAGE % PRODUCT DESCRIPTION: 2. IS YOUR PRODUCT PACKAGED AND/OR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES LI NO O SPECIFY: 3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END USE? YES O NO O SPECIFY: THE ABOVE IS NOT APPLICABLE IF THERE IS ONLYA PERSONAL SERVICE INVOLVED WITH NO PRODUCT INVOLVEMENT. WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY? YES O DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES O NO O DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES O NO O PRICE ADJUSTMENT SECTION: Price of per NO D Date Percentage ( %) of final product attributable to (Product) NAME & ADDRESS OF SUPPLIER NAME OF COMPANY: PDF-PB02-2004 2/17104 Page 13 of 28 PREVIOUS CONTRACT NO. D-X-01-228-131 BID NO. D-1-04-018-131 BID SHEET (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED? 0 YES O NO VENDOR FAX # WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR PALM BEACH COUNTIES? OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? O YES © NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: E-MAIL BEEPER #: FEDERAL TAX ID REMIT NOTICES TO BIDDER: 1. Please check the Federal Employer's Identification Number (FEIN) and other information on the face of the invitation for Bid/Bidder Acknowledgment Form (IFB) and MAKE APPROPRIATE CORRECTIONS ON THE IFS. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: PDF-PB02-2004 2117/04 Page 14 of 20 PREVIOUS CONTRACT NO. D-X-01-228-B1 ATTACHMENT "A" SPECIFICATIONS AND REQUIREMENTS BID NO. D-1-04-018-131 CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL DEFINITIONS: 1.1 Agency 1.2 ASTM 1.3 Bidder 1.4 Contractor 1.5 Integrated OPIS Any participating governmental purchasing authority within Broward County refer to Attachment "A"). ASTM Standards Information (215) 299-5475 or 299-5584; or to order, ASTM Customer Services Department, 1916 Race Street, Philadelphia, PA 19103, (215) 299-5585. Any company submitting a bid to this request. Bidder who is selected as who will best serve the interest of Broward County and Agencies. A company who primarily performs the functions of refining, transporting and marketing fuels as listed herein. Oil Price Information Service, Subscription Information, (301) 961-8777, 4550 Montgomery Avenue, Suite 700N, Bethesda, Maryland, 20814- 3382. Tankwagon Maximum 5000 gallons in any one delivery. Transport Minimum load diesel to any one location - approximately 5800 gallons. LOCATIONS AND CAPACITY: 2.1 Agency names, contacts, and telephone numbers are in Attachment "A" pages 19, 20 and 21. 3. TAXES: The agencies listed herein are municipalities and are exempt from Federal Gasoline and Diesel (excise) Road taxes and Florida Sales tax. Bids will be considered only from Bidders who do not require the payment of these taxes. 4. DELIVERY: Unless otherwise requested at the time of order, deliveries will be within 24 hours after time of order. Deliveries should be made during normal working hours, 8:30 a.m. to 5:00 p.m., Monday through Friday, unless an alternate delivery date is specifically requested by the agency placing the order. PDF-PS02-2004 2117/04 Page 15 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT"A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 4. DELIVERY: (Continued) All transport truck deliveries will be temperature adjusted to 60°F in accordance with the latest edition of the American Society for Testing and Materials (ASTM) Table 613, Volume II, Petroleum Measurement Tables. Delivery tickets and invoices shall reflect the net gallons delivered after temperature compensation. Tankwagon deliveries will be metered at the time of drop, Agencies will accept fuel from trucks with sealed State approved and inspected meters. Trucks that have State of Florida Department of Agriculture and Consumer Services sealed, calibrated, and certified compartment tank volume markers for the petroleum product being delivered, are also acceptable. 5. PRICING: Prices bid are to be F.O.B. Delivered to locations and are exclusive of all Federal, State, and County Excise taxes and fees. Any other applicable taxes and fees, shall be added at the time of invoicing. See paragraph 3.TAXES. Diesel and Biodiesel (1320) Fuel prices shall be based on the average weekly closing price as published in the Oil Price Information Service (OPIS), Report, for Miami, Florida, plus a firm mark-up or discount. The firm mark-up or discount may include the vendor's profit, delivery costs and any other costs. The firm mark-up or discount for Diesel and Biodiesel 1320 shall not change during the initial term of the contract or any renewal periods. No other charges shall be added. Markup/discount must be expressed in dollars and/or cents per gallon. Prices shall remain firm for one week intervals. Firm price intervals will begin at 12:01 A.M. on Monday of each week. The price will be based on the average closing OPIS published price dated the preceding Thursday. This average will be calculated to the fourth decimal place. Invoice pricing for Diesel and Biodiesel (1320) will be OPIS price in effect on the date of delivery +/- markup/discount. PDF-PB02-2004 2/17/04 Page 16 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 5. PRICING: (Continued) Invoice price for Biodiesel (13100) shall be the bid price. Biodiesel (13100) fuel price bid shall be inclusive of all vendor costs (profit, delivery costs, soybean oil costs and any other costs) and shall not change during the initial three (3) months of the contract. This price may be adjusted up or down based on the price of soybean oil published in the Wall Street Journal. Refer to Section 15, Price Escalation Caused by Raw Material Cost increase (Page 8 of 28). 6. SUBSTITUTE/ALTERNATE METHOD FOR PRICE ADJUSTMENT: The County reserves the right, based on its sole judgment, to substitute an alternate method for price adjustment if: A. An Interruption in the OPIS publication is experienced, beyond existing scheduled Holidays (Independence Day, Christmas, etc.) or B. The listing of companies and their prices for Miami, Florida, are interrupted, or modified to a degree which would require alteration of the computation formula to determine a fair average price or C. The use of the average price computation based on the prices listed in OPIS becomes non -representative of the market in South Florida. D. The County determines that the price adjustment method then in effect in the contract is not in its best interests. If it is determined by the County to be in its best interest to substitute an alternate method for price adjustment, as specified above, the Contractor(s) will be notified thirty (30) days prior to the effective date for the alternate adjustment. If an alternate price adjustment method is not acceptable to all awarded contractor(s), the County may cancel this contract in whole or in part by giving the Contractor(s) ninety (90) days prior written notice. 7. INVOICING: Each invoice shall reference the date of each applicable published OPIS closing average for that week. List, separately on invoice, each individual non-exempt tax/fee and its amount that is added to the price. PDF-PB02-2004 2/17/04 Page 17 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 7. INVOICING: (Continued) In the event an agency miscalculates on the estimated gallons required for a transport delivery to any one location: Deliveries 5001 gallons and above will be invoiced at transport pricing. Deliveries 5000 gallons or below will be invoiced at Tankwagon pricing as listed at the time of bid. 8. ORDERING AND PAYMENT: Each Governmental Agency which accepts bids submitted will establish its own contract with the successful bidder(s); will issue its own purchase orders; will require separate billing and will issue its own exemption certificates as required by the Contractor. The Broward County Purchasing Division will furnish a copy of bidders list, and any other information submitted with the bids to all of the participating agencies. It is understood and agreed that Broward County is not a legally binding party to any contractual agreement made between any other Agency and the contractor as a result of this bid. After award of contract(s) to successful bidder(s) the County reserves the right to issue Purchase Orders in accordance with the terms of this contract. 9. OPIS REQUIREMENTS: The successful contractor(s) must provide, to Broward County only, a subscription to the Oil Price Information Service (OPIS) daily publication for Miami Florida continuing throughout the contract period. The contractor(s) will be required to furnish subscriptions for any renewal periods. The last Monday prior to contract commencement date the OPIS report will be used to establish the price of fuel for the first day of the contract period. The subscription may be mailed to Broward County Purchasing Division, Attention, Will Glasmyer, Unit D, Room 212, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301 or emailed to Wglasmyer@broward.org 10. AUDIT: Agencies reserve the right for their Internal Auditor or appropriate representative to review ONLY those records pertaining to any contract awarded as a result of these documents and determine if the terms, conditions, and specifications of the contract are being followed and if prices charged comply with the contract. 11. PROTECTION OF PROPERTY: All existing structures, utilities, services, roads, trees and shrubbery, etc. shall be protected against damage or interrupted services at all times by the contractor during contract operations. The contractor shall be held responsible for repairing or replacing property to the satisfaction of the Agency which is damaged by reason of the Contractor's operation on the property during the term of the contract. PDF-PB02-2004 2/17/04 Page 18 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 12. SPILLAGE: The Contractor and/or his sub contractors making deliveries, shall be fully responsible for any errors or mistakes that require clean up or ground sterilization. Contractor will be responsible for prompt and thorough clean up of all spillage, per EPA specifications, and for any Agencies fines or fees for any contamination that result from improper delivery of fuel. 13. SPECIFICATIONS: Per latest edition of ASTM specifications D-975: Diesel Fuel shall be number two (#2) Low Sulfur. Diesel Fuel shall be number two (#2) High Sulfur. Biodiesel must meet the minimum requirements and test procedures of ASTM PS 121. The products requested in this Invitation to Bid must conform to the specifications of the State of Florida and comply with all Federal, State and local laws and regulations as applicable on date of delivery. PDF-PB02-2004 2/17/04 Page 19 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS BID NO. D-1-04-018-131 CO-OP FOR PETROLEUM -W DIESEL FUEL #2 AND BIODIESEL ORGANIZATION NAME NAME TELEPHONE NUMBER 1. Broward Count Facilities Mgmt Division Fleet Services Division Mass Transit Division Parks & Recreation Port Everglades Deborah Curry Locksley Rhoden Rebecca Horwitz Marilyn Cahill Irene Costa (954) 357-5780 (954) 357-6477 (954) 357-6780 (954) 357-8125 (954) 468-3517 2. Broward County Housing Authority B.J. Solomon (954) 739-1114 3 Broward County School Board George Toman (754) 321-0514 4. Broward County Sheriffs Office Rick Torres (954) 831-8172 5. Broward County Community College Beau Mitchell (954) 761-7551 6. Boca Raton Carol Thomas (561) 393-7871 7. Coconut Creek Sheila McGann (954) 973-6730 8. Cooper City Kerr -Anne Fisher (954) 435-4300 9. Coral Springs Art Resnik (954) 344-1101 10. Dania Beach Nanci Denny (954) 924-3674 11. Davie Herb Hyman (954) 797-1016 12. Deerfield Beach Donna Council (954) 480-4380 PDF-PB02-2004 2/17/04 Page 20 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS. CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL ORGANIZATION NAME NAME TELEPHONE NUMBER 13. Florida Dept. of Health Sam Hansraj (954) 467-4705 14. Fort Lauderdale Richard Ewell (954) 828-5138 15, Green Acres Lynda Venne (561) 642-2039 16. Hallandale Art Andrews (954) 457-1332 17. Hollywood Tom Fenton (954) 921-3290 18. Homestead Brian O'Connor (305) 247-1801 19. Lauderdale Lakes Arthur Elinson (954) 535-2721 20. Lauderhill Ruby Levy (954) 730-3044 21. Lighthouse Point Daniel Keefe (954) 943-6500 22. Margate Connie Guzzi (954) 972-6454 23. Miramar Margaret Palomino (954) 967-1550 24. North Lauderdale William Peck (954) 724-7070 25. North Miami Debbie Faestra (305) 893-6511 26. North Miami Beach Lynn Gribble (305) 948-2976 27. Oakland Park Maggie Turner (954) 561-6219 PDF-PB02-2004 2/17104 Page 21 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL ORGANIZATION NAME NAME TELEPHONE NUMBER 28. Opa-Locka Rona Sandler (305) 953-2825 29. Parkland Judith Kilgore (954) 753-5040 30. Pembroke Pines Terri Burzo (954) 437-1111 31. Plantation Paul DeBernado (954) 452-2545 32, Pompano Beach Leeta Hardin (954) 786-4098 33. Sunny Isles Beach Cecila Hayles (305) 947-0606 34. Sunrise Marsha Peterson (954) 572-2274 35. Tamarac Steven Bermsderfer (954) 718-1791 36. TRI-Rail Ann Lodato (954) 788-6906 37. Wellington Pam Thompson (561) 791-4111 38. Weston Jeff Skidmore (954) 753-5841 39. Wilton Manors Linda Peterson 954 390-2141 PDF-PB02-2004 2/17/04 Page 22 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 ATTACHMENT "B" DRUG FREE WORKPLACE CERTIFICATION The undersigned vendor hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (1) The dangers of drug abuse in the workplace; (ii) The offeror's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall: (1) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (I) Taking appropriate personnel action against such employee, up to and including termination; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). (Vendor Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2004, by Mzl (Name of person who's signature is being notarized) (Title) of known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: (Name of Corporation/Company) (Type of Identification) PDF-PB02-2004 2/17/04 Page 23 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04.018-131 ATTACHMENT "C" 00321. BIDDER SDBE RESPONSE SHEET NOTE: THIS FORM SHOULD BE COMPLETED BY THE BIDDER AND RETURNED WITH THE BID AND SCHEDULE(S) OF PARTICIPATION AND/OR UNAVAILABILITY, FAILURE TO RETURN THOSE FORMS WILL RESULT IN THE REJECTION OF YOUR BID, ALL CATEGORIES OF SDBE CONTRACTORS MUST BE ADDRESSED. Please check appropriate boxes: ASIAN- AFRICAN HISPANIC PACIFIC NATIVE OTHER WOMEN AMERICANS AMERICANS AMERICANS AMERICANS GROUPS* ALL SDBE GOALS HAVE [ ] [ ] [ ] [ ] [ ] [ ] BEEN MET •Submit Schedule of Participation SDBE GOALS HAVE BEEN PARTIALLY MET •Submit Schedule of Participation and *Submit Schedule of Unavailability NO SDBE GOALS HAVE BEEN MET •Submit Schedule of Unavailability w "OTHER GROUPS," if any, shall include those SDBE groups not specifically named above, but required to be addressed as noted on the Deviation page. Signature: Title: Date: PDF-PB02-2004 2/17/04 Page 24 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "D" 00322. SCHEDULE OF SDBE PARTICIPATION (BID/CONTRACT NO.) (NAME OF BIDDER) (ADDRESS) (TELEPHONE NO.) The undersigned representative of the Bidder states that the Bidder has contacted the SDBEs listed below and that said SDBEs have agreed to perform the work for the dollar value set forth and that the following information regarding SDBE .Riihrnntrartnrs is tnia and rorrart to the best of his/her knowledge: (NAME OF SDBE CONTRACTOR CONTACTED) (NAME OF SDBE CONTRACTOR CONTACTED) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) S (SCOPE OF WORK TO BE PERFORMED) $ (TOTAL DOLLAR VALUE) SDBE GROUP: (TOTAL DOLLAR VALUE) SDBE GROUP: (NAME OF SDBE CONTRACTOR CONTACTED) (NAME OF SDBE CONTRACTOR CONTACTED) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) a (SCOPE OF WORK TO BE PERFORMED) a (TOTAL DOLLAR VALUE) SDBE GROUP: (TOTAL DOLLAR VALUE) SDBE GROUP: (NAME OF SDBE CONTRACTOR CONTACTED) (NAME OF SDBE CONTRACTOR CONTACTED) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) S (SCOPE OF WORK TO BE PERFORMED) $ (TOTAL DOLLAR VALUE) SDBE GROUP: (TOTAL DOLLAR VALUE) SDBE GROUP: PLEASE ATTACH ADDITIONAL INFORMATION IF NECESSARY. Signature: Title: Dater PDF-PB02-2004 2/17/04 Page 25 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-131 ATTACHMENT "E" 00325. SCHEDULE OF SDBE UNAVAILABILITY (BID/CONTRACT NO.) (NAME OF BIDDER) (ADDRESS) (TELEPHONE NO.) The undersigned representative of the Bidder states that the Bidder has contacted the SDBEs listed below and that said SDBEs are unavailable to perform or submitted a bid which was not the low acceptable bid set forth and that the following information regarding SDBE subcontractors is true and correct to the best of his/her knowledge: 1. The following SDBE contractors were invited to bid subcontract work, but were not available to work. (Attach list if necessary.) Name SDBE Group 2. The following SDBE contractors were invited to bid subcontract work, but did not respond to the invitation. (Attach list if necessary.) Name SDBE Group 3. The following SDBE contractors submitted bids which were not the low acceptable bids. (Attach list if necessary.) Name SDBE Group If you did not get any responses to your solicitation of SDBE contractors, please indicate your efforts, i.e., advertising, personal calls, mailing lists, etc. (may be verified). (Attach list if necessary.) Signature: Title: Date: POF-PB02-2004 2/17/04 Page 26 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "E" (Continued) 00325. SCHEDULE OF SDBE UNAVAILABILITY (continued) 3. The COUNTY must maintain records concerning SDBE participation in its contracts, the CONTRACTOR should, within ten days after receipt of Notice of Award, submit to the Project Coordinator a Schedule of SDBE Participation showing SDBE firms (if any) scheduled to participate in the Contract as prime Contractor, Subcontractor, or supplier (negative schedules are required if no SDBE's are scheduled to participate), and one SDBE Identification Affidavit for each SDBE Scheduled to participate in the contract, if the SDBE does not already have an Affidavit on file with the SBDD, Room A640 Governmental Center Annex, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, telephone (954) 357-6400. 4. The SBDD of the COUNTY maintains a directory of SDBE which is available for use by CONTRACTORS. 5. The COUNTY encourages the CONTRACTOR to use minority owned -and -operated banks. 6. SMALL DISADVANTAGED BUSINESS ENTERPRISE SDBE is defined as a small business that is at least 51 percent beneficially owned and is routinely managed by one or more disadvantaged individuals of the following classifications: A. African Americans, which includes persons having origins in any of the black racial groups of Africa; B. Hispanic Americans, which includes persons of Spanish or Portuguese' culture with origins in North, South or Central America or the Caribbean region, regardless of race. C. Asian -Pacific Americans, which includes persons whose origins from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific and Northwest Marianas; D. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; E. Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh; F. Any individuals found to be socially and economically disadvantaged by the Small Business Administration; and G. Any women not included in (A) through (F) above. NOTE: The Broward County SDBE Ordinance stipulates limitations on earnings to qualify as an SDBE. This information is available at the Office of Economic Development/Small Business Development Division. Telephone (954) 357-6400. NOTE: Any language indicating SDBE documents must be submitted with the bid is now changed to should be submitted with the bid. SDBE compliance is now a matter of responsibility. PDF-PB02.2004 2/17/04 Page 27 of 20 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "IF CERTICATE OF INSURANCE FOR PETROLEUM DIESEL FUEL #2 & BIODISEL The fallowing coverages are deemed appropriate for minimum Insurance requirements for this project and will be required of the selected firm and identified in the negotiated agreement. Any deviation or change during the contract negotiation period shall be aooroved by Risk Manaaement. TYPE OF INSURANCE Limits on Liability In Thousands of Dollars Each Occurrence Aggregate GENERAL LIABILITY Bodily Injury [X] Commercial General Liability •('] Premises —Operations Property Damage Bodily Injury and (� ] Explosion & Collapse Hazard G-j Underground Hazard V'] Products/Completed Operations Hazard Property Damage Combined including /! �� (A Contractual Insurance - $1 Million Personal Injury V [x] Broad Form Property Damage Contractual Insurance [_+-Independent Contractors [ ] Personal Injury AUTO LIABILITY Bodily Injury (each l�x a" [�Q Comprehensive Form person)xd� [r] Owned " 1 Hired Bodily Injury (each [ Non -owned accident) Property Damageti [ ] Any Auto y cw Bodily Injury and , } w �' Property 9 ert Damage Combined ' t • r t�. r'":- EXCESS LIABILITY Bodily Injury and [ ] Umbrella Form Property Damage [ ] Other than Umbrella Form Combined [X] WORKER'S COMPENSATION AND [X] STATUTORY EMPLOYER'S LIABILITY (NOTE ") (each accident) $100K [A 1 =,�/ � o-,t; o*1 Maximum Deductible ( /� J� ti Y r �/_ / If applicabl �G'O [ ] PROPERTY COVERAGE/ BUILDER'S RISK Maximum Deductible INCLUDE WIND AND FLOOD INS. All Risk/Replacement Cost [ ] If project greater than $1 OOk-installation floater Maximum Deductible required for replacement of material, equipment, Each Claim installation, tools etc. All risk, agreed value. Otherwise, contractor will be responsible for tools, materials, equipment, machinery etc, until completion and County takes possession. Descnpbon of Op-allons/Locat,ons/VehipleS Certificate must show on general liability and: Additional Insured: Broward County Board of County Commissioners, Broward County, Florida. Also when applicable certificate should show B.C.B.C_C as additional insured for property coverage/builder's risk/installation floater when coverage's are required.Certificate Must be Signed and All applicable Deductibles shown NV l e - - it the company Is exempt rrom Workers' Compensation Coverage, please provide a letter on company letterhead or a copy ofthe State's exemption which documents this status and attache to the Certificate of Insurance for approval. If any operations are to be undertaken on or about navigable waters, coverage must be included for U.S. Longshoremen & Harbor Workers' Act/ & Jones Act CANCELLATION: Thin 30 Day written notice of cancellation required to the CeAlflcate Holder: Name & Address of Certificate Holder ( / Broward County Board of County Commissioners ) `�f%`�y� • J f Purchasing Division, Suite 212 �� i3arlene Se George, Director 115 South Andrews Avenue Risk Management Division Fort Lauderdale, FL 33301 RE_ Bid #➢! o v /fa I Project# Date Issued Insu,an­ L,, ,,0SF'ara, 03 Re�,Sed 10130/03 PDF-PB02-2004 2/17/04 Page 28 of 28 if?, 4 EXHIBIT "1" TR•10523 BR;c5:WARD COUNTY • r PURCHASING DIVISION 1-15 S. Andrews Avenue, Room 212 - Fort Lauderdale, Florida 33301 • 954.357.6065 - FAX 954.357-8535 May 13, 2004 MacMillan Oil Company of Florida, Inc. 2955 E. I Ph Avenue Hialeah, FL 33013 Attn: Marcio Cardoso Reference: BID # _t_ Q4 Q D 1 FOR: Petrole — i 1 Fuel #2 ow Sulfa. Tankwagm Dear Mr. Cardoso: This is to confirm that the Board of County Commissioners, at its Meeting held on May 11 2004, under Agenda Item No., accepted your Bid on the above -referenced solicitation. A Bid tabulation of all Bids received is enclosed with items awarded to your firm indicated. The initial contract is in effect for the period beginning rune 1, 2004 and ending MMI 1 005. Purchase Ordcr(s) will be placed as and when required. A copy of this Notice, with a copy of your Hid including all terms and conditions, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Broward County, Sincerely, GLENN R. CIJMMINGS, Director Purchasing Division BY 40asmyer, Purch Purchg Agent 11 GRC/afrn c: Irene Costa, Port Everglades Department Rebecca Horwitz, Mass Transit Deborah Curry, Facilities Management L,ocksley Rhoden, Fleet Services Marilyn Cahill, Parks and Recreation Division Brcward County Board of County Commissioners Joseohus Eggeuetion. 1r - yen Grader • Sue Curznurger - KnSE,n DJaCobs • Ilene Lieuerman - Lori Nance Parrish - John E Roos[rom. Jr - James A Scott - Diana Wasserman -Rubin www, broward.org/purchasing BNoc�;WARD ' COUNTY PURCHASING bIV1510N 115 S. Andrews Avenue, Room 212 - Fart Lauderdale, Florida 33301 - 954-357.6065 • FAX 954.357-8535 May 13, 2004 Port Consolidated, Inc. P.O. Box 350430 Fort Lauderdale, FL 33335 Attn: Janet Hoose Reference: BID #D 104 Q 18 B I FOR: Petroleum — Diesel F,pel #2 , Ugh SvIA r_ Tankwagog. QmHp 3 Dear Ms. Hoose: This is to confirm that the Board of County Commissioners, at its Meeting held on May 11. 2004 under Agenda Item No,$, accepted your Bid on the above -referenced solicitation, A Bid tabulation of all Bids received is enclosed with items awarded to your firm indicated The initial contract is in effect for the period beginning June 1.2004 and ending MU IL;005. Purchase Orders) will be placed as and when required. A copy of this Notice, with a copy of your Bid, including all terms and conditions, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Broward County, Sincerely, GLENN R. CUMIvUNGS, Director Purchasing Division By Will Glasmyer , Purcha ' g Agent II GRC/afm c: Irene Costa, Port Everglades Department Browarcl County Board of County Commissioners Josephus Eggeiletion, Jr - Ben Grauer • Sue Gunzourger - Kristin D. Jacobs - Ilene Lieberman - Lori Nance Parrish - John E Roast,,,, Jr. • James A. Scott - Diana Wasserman -Rubin W W W.0roward.0rg/purChasing BR)ARD . COUNTY PURCHASING DIVISION 1.15 S. Andrews Avenue. Room 212 - Fort Lauderdale. Flonaa 33301 - 954.357-6065 - FAX 954.357.8535 May 13, 2004 Ryder Energy Distribution Corporation 3600 NW 82 Avenue Miami, FL 33166 Attn: Steven ICint Reference: BID #Q 104 018131 FOR: Petrolam — DiM) Fugj #2 - Lpm Sgjfg, TranAport. GroM12 Dear Mr. Kim: This is to confirm that the Board of County Commissioners, at its Meeting held on MU 1 1. 2004. under Agenda Item No.*% accepted your Bid on the above -referenced solicitation. A Bid tabulation of all Bids received is enclosed with items awarded to your firm indicated. The initial contract is in effect for the period beginning June 1. 2004 and ending W 31. 2005 Purchase Order(s) will be placed as and when required. A copy of this Notice, with a copy of your Bid, including all terms and conditions, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Broward County. Sincerely, GLENN R. CCiMMINGS, Director Purchasing Division F B Wilt Glasmyer , Purchasing Agent 11 GRC/afrn c: Irene Costa., Port Everglades Department Rebecca Horwitz, Mass Transit Deborah Curry, Facilities Management Locksley Rhoden, Fleet Services Marilyn Cahill, Parks and Recreation Division 2roward County Board of County Commissioners Josepnus Eggeuetion. Jr • Ben Craber r Sue Cunznurger • Krnsrin D. Jacobs - Ilene Lieberman - torl Nance Parrish - Jonn E Roa5trom. Jr ..lames A, Scott - Diana Wasserman -Rubin www.t)roward.org/purchasing MA PREVIOUS REM BROWARD COUNTY NEXT ITEM BOARD OF COUNTY COMMISSIONERS BRWARD Meeting Date •�.: UNTY AGENDA ITEM # 5/11/04 Page 1 of 2 rLow d Action 'p' ap a;�e a ,. A, aR�urot bfn.fn.f a►.f�a O AWARD open-end cooperative contract to low bidders Macmillan Oil Company of . for Diesel Fuel No. 2, Low Sulfur, Tankwagon (less than truckload), Group 1, in the nnual amount of $178,744.50; Ryder Energy Distribution Corporation for Diesel Fuel No- ur, Transport (full truckload), Group 2, in the estimated annual amount of $5,280,500.00;oonsolidated Inc. for Diesel Fuel No. 2, High Sulfur, Tankwagon, Group 3, in the estimated annual amount of $128,225.00; for a total estimated annual amount of $5,587,469.00 for Petroleum - Diesel Fuel No. 2 and Biodiesel, Bid No. D10401881, for various County agencies and authorize the Purchasing Director to renew the contract for a one year period. The initial contract period shall begin on June 1, 2004 and shall terminate one year from that date. Why Actlon Is Necessary: In accordance with the Broward County Procurement Code Section 21.31.a.4, the Board shall approve purchases $200,000.00 and over. What Action Accomplishes: Provides for delivery of diesel fuel for use by various County agencies. Is this Action Goal Related. yes X No `_ r i. ° �' f {. �' nw rrhe first safntafnas lnduasY thisAgency namnxnrndsoon. PiovW. an .><arofltw wmmsry of tM action Summatry 6plana on/BarkBroun , , „f tn�t yprvss arerv;.w orthi rNwrrt detrrili for hpm Aem. laf.ntily now ?Am msatss Camnwsslon CnWlerfge Goad.) THE PURCHASING DIVISION AND VARIOUS COUNTY DIVISIONS RECOMMEND APPROVAL OF THE ABOVE MOTION. Minority/women business enterprise goals have been established for this contract with the following Percentages: 12%. The contractors have committed to participation in the following percentages: Macmillan Oil Company of Florida, Inc. (County certified minority business) at 100% and Ryder Energy Distribution Corporation and Port Consolidated, Inc. at 12% each, and have received approval from the Small Business Development Division. In accordance with the Special Instructions to Bidders, Paragraph 15, "the vendor must complete the Price Adjustment Section on page 13 of 28 entitled Bid Sheet". The Purchasing Director has determined to reject all bids on Group 4, Biodiesel Fuel B20 and 8100, because Port Consolidated, Inc-, Macmillan Oil Company of Florida, Inc., BV Oil Company, Inc., Mansfield Oil Company and World Energy Alteratives, LLC, either left the section blank or incorrectly filled out the section. Broward County does not use these items and the City of Coral Springs, the prirnary using aaencv Authorized Signature r Q� +J t4omwon, Via �; .�� py� , i!ff1'f-a��Y,°�j6 aaF'tM. `� *��7�Y.h�Ry4yVl�ty � .. 6M ia.F' ttri.f'r /*7iWwd !#r �Nt4sR ltawt tilp ` i %s y f ,/mf 1 ,..d,,....fe. Date: T I Type: Name, Tide, Agency and Phone \ Phillip C. and A CFO Director \\ � Finance and A�43577 istrative Services i~ Department 9-130 sourer of additional inform tion: Type Name, Agency and Phone Glenn R. Cummings, cPPo, Director, Purchasing Division (954) 357-6070 orm )U7-1•A Reciscd ! 1/13/U3 _-- Pa e 2 of 2 �Y. `: ix L.�T � '. � 1' 9r r ' 4 ':y'�Y, rMr l�+IPM r a" �'!..+. a t �'�' y �/� � i x .1�: •F -�� .v�•'.d� 1 w it re -aid Group 4 for the Southeast Florida Governmental Purchasing Cooperative (Co -Op). This is a Co -Op contract with thirty-eight Co -Op and five County agencies participating with the County serving as lead agency. The County solicits, evaluates and awards the contracts. Co -Op agencies are responsible for issuing their own purchase orders to awarded vendors. The total estimated dollar amount in the Motion is for the County agencies. The prior contracts, DX01228B101, DX02254B1 and D30205BB1 were extended such that all will expire on May 31, 2004, 37 Notifications of bid availability 37 Bid requests provided 3 Declinations 9 Bids received (Include ""land cost. approved budget amount and ateaurd number, source or funds, and any kcal .lm0J1CVCost summatry, future (undktp requlrsrnents.) Each requirement processed against this open-end contract will be funded by the appropriate source at the time of release. h�b11A ALf�ChP�I keMM+( �M erMranesl (PW*se number exhiWts aonee"vWy.) 1. Bid Tabulation Document Control Commission Action . 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E o m LL a m lL y Q1 o w p) N y M M v S7 LO y O qv y O c 0 0 d O C) O 4 d p C7 Q 7 p m U m Up d a Z m 2 3t ik iL G� i!V z ^ N m v 7 .t" M ^ N rn q V d a b 8 S k 8 q O B c k ¢ R k ■ c N 8 m R § R E k q Q CVa 2 _cx _ - J B > ■ o R R Cl A 0 / Cl 0 $ q 2 q 2 G � \ d d 0 0 0 a / j CV $ 2CW � R g C Q { /5 �k ;r § S L 2 E 3 / / COO fx \ R \ k 2 § s 2 G CMG § n. q $ 7 § - M. E g & E o 2 2 2 r « o R ) / ] a ,\ mf DN \\ 7$ �c22 CD n �0— /' E 5 o nLL v t \\ ; \` @ 22 © = �® a � §■25; � 02 0 S% @$ §2n�uol6 I3 Ia Iiz a � . k/d Jk�ia _ _ _ — z n $ g EXHIBIT"T' TR-10523 SUBMIT BID TO: BOARD OF COUNTY COMMISSIONERS Broward County Purchasing Division BROWARq COUNTY, FLORIDA >,212 INVITATION FOR BID Fort Lauderdale, Florida 33301 801 (954) 357-6065/66 Bidder Acknowledgment --- GENERAL CONDITIONS — THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS, THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCYIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE 1310 SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGEMENTr AND RETURNED WITH YOURr SEALED BIDS: This form must be executed and submit- ENED 2 p.m. MARCH 16, 2004 ted with all bid sheets in a sealed envelope. (DO NOT drawn within 90 cstandardays after such date and trim. 7T-ITLEPETFRIOLEUM INCLUDE MORE THAN ONE BID PER ENVELOPE). The - DEISEL FUEL r2 AND BIODIESEL - COOP face of the envelope shall contain the above address, the date and the time of bid opening, and bid number. Bids not submitted on attached bid form may be rejected, All bids are subjected to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. BID No. D10401881 1. EXECUTION OF BID: Bid must contain an original signa- PURCHASING AGENT WILL GLASMYER (954) 357-6078 ture of an individual authorized to bind the bidder_ Bid must be typed or printed in ink. All corrections made bybidder to his bid must also be initialled, The bidder's name should DELIVERY DATE also appearon each pageof the bid sheet if required. Bids will not be accepted from firms in arrears to the Board of SEE SPECIAL INSTRUCTION County Commissioners upon debt or contract nor from a CASH DISCOUNT TERMS defaulteruponobligationstotheBoard olCountyCommis sinners_ Bidder certifies by signing the bid that no princi- BID GUARANTY IS ATTACHED, pals or corporate officers of his firm were principals or WHEN REQUIRED, IN corporate officers in any other firm whirls may have been THE AMOUNT OF j (,•/ `fA suspended or debarred from doing business with Broward County within the last three years. unless so noted in the REASON FOR NO BID bid documents. 2" NO BID: If not submitting a bid, respond by returning this 'NO FEDERAL EMPLOYER 1.0. or SOCIAL SECURITY NUMBER Bidder Acknowledgement form, marking it BID', no later than the stated bid opening date and hour, and explain DUN dBRADSTREETNUMBER the reason in the space provided. Failure to respond without justification may be cause for removal of the bidder's name from the bid mailing list. NOTE: To qualify BI 04R NAME as a respondent, bidder must submit a'NO BID.' t r i� / / , ,' r 3. BID WITHDRAWAL: No bidder may withdraw his bid BIDDER MAILING ADDRES&CITY/STATE/ZIP before the expiration of ninety (90) calendar days from the date of bid opening unless vendor so notes in the bid. 1 t ,c� ! 4. BID OPENING: Shall be public, on date, location and time AREA CODE TELEPHONE NO. CONTACT PERSON specified on the bid form. The official time is the time clock ti t located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the bidder's responsibility to assure that his bid is delivered on FAX NO. - -� t�TERNET ADDRESS - date, location and time specified on the bid form. Bids, t ` •'� i _` 1 /,r� i 1" ', , Yj / /f .`.i'," ,� ; ,� which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened maybe examined during normal working hours by appoint- ment. Bid tabulations are available for inspection upon - AUTHORIZED SIGNATURE (original in ink) request. (Continued on Page 2) I / / h TYPED NAME OF SIGNER TITLE l cemy Inel Ina be .s malt wdhmi prior a oersljnong, ag'"Wrt, or W"daon Wn ,, con" "o, hmr or person wbrblbng a bw for the bang darnUsarvrua, and o in sit raapsna fatrarria wdhorA ppaWpn a baud. I agree to able by all mnodws of INS bk and Candy mul am Wmarzed to torn Irus bM la tee bode•. Fvtharby agnalure dInalei,, Paget I thrwgna Ora adnowtadgad andawI as wall as any epedal wirudrdn anetllal it aptincape ft= aioa-?.e IW-,,. 3/991 Page 1 of 4 PREVIOUS CONTRACT NO. DX-01-?2&B1 BID NO.2:1-04-018-B1 JQ SKEET FO PETROL UM - EL *2 AND B OD! EL TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled in, BID SHEET is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terns, conditions, specifications and requirements, the bidder offers the following: GROUP FIRM*" UNIT ITEM COMMODITY CODE OPTS' MARKUP (+) PRICE EST. TOTAL. NO. DESCRIPTION PRICE DISCOUNT (-) PER GAL. QUANTITY PRICE 1. "05 09 002 0002 Diesel Fuel #2 1.0553 +/- .0280 - $1 .0 8 3 3 X 1,500,000 Low Sulfur Gal. Tankwagon 2. "05 09 002 0001 Diesel Fuel #2 1.0553 +/- .0185 = $ 1 , 0 7 3 8 X 8,500,000 Low Sulfur Gal. Transport 3. "05 09 003 0002 Diesel Fuel #2 1.0562 +/- .1.4 9 0 $1 , Z 0 5 2 X 200,000 High Sulfur Gal. Tankwagon ' OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. NAME OF COMPANY• Macmillan Oil Company Of Florida, Inc. PDF-PO02-2004 2/10104 $1, 62 . 950 $.9, 1.27. 300.00 $_ 241 . 040.00 Page 11 of 28 PREVIOUS CONTRACT NO. kX-01-22&B1 BID NO. D-1-04-01t-e1 BIQ SHEET (Continued) O- P F P O E M -- DIESEL FUEL BIODIgAEL GROUP 4 (ITEMS 4-5) FIRM** UNIT ITEM COMMODITY CODE OPTS* MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT (-I PER GAL. OUANTITY PRICE 4. #405 09 004 0009 Biodiesei Fuel 1.0553 +/- .3247 8 3 5 X 80,000 $1 10 , 6 8 0.0 0 B20 Gal. . " OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. . Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5_ FIRM"' ITEM COMMODITY CODE UNIT PRICE ESTIMATED TOTAL NO. DESCRIPTION PER GALLON QUANTITY PRICE 5. #405 09 003 0010 2.15 9 5 Biodiesel Fuel B100 $ X 55,000 Gal. 118,772.50 $ 'R* Price maybe adjusted after the first three (3) months of the initial contract period. Refer to Section 15 (Page 8 of 28) and Attachment A, Paragraph 5. GROUP TOTAL FOR GROUP 4 (ITEMS 4-5) GRAND TOTAL FOR GROUPS (11 RU $1 1 , 222, 742.5f • r. --�•- Delivery shall be made between 9:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Delivery at other times shall be by special arrangement only. Delivery will be made within 24 hours after time of order, not to exceed 48 hours. Delivery MUST be FOB destination, freight Included and shall be inclusive of all costs. In accordance with Paragraph 9.5 of "Spacial Instructions to Bidder" indicate ft an exception to insurance requirements is being requested. Be specific and stets reason: NAME OF COMPANY• Macmillan oil Company of Florida, inc. AUTHORIZED SIGNATURE: c --- Amancio Alonso By -signing this bid sheet your Firm Is agreeing to the terms and conditions of the Invitation for Bid. PDF-PS02-2004 2h 0/04 (President) Page 12 of 28 PREVIOUS CONTRACT NO. 2-X-01-228-81 BID SHEET (Continued) BID NO. D-1 18-B1 P F LE M- EJJEL #2 ANQ lllQglgSEL RE MLED CONTENT INFORMATION: 1. IS THEMATERIAL INTHEABOVE: VIRGIN ❑ OR RECYCLED (CHECK THE APPLICABLE BOA). IF RECYCLED, WHAT PERCENTAGE % PRODUCT DESCRIP710N: 2. IS YOUR PRODUCT PACKAGED ANDOR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES O NO a SPECIFY; 3. IS YOUR PRODUCT RECYCLABLE AFTER I T HAS REACHED ITS INTENDED END USE? YES 13 NO O SPECIFY.• r"f THE ABOVE IS NOT APPLICABLE IF THERE IS ONL YA PERSONAL SERVICE INVOLVED WITH NO PRODUCT INVOLVEMENT. WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY? YES M NO ❑ DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES ❑ NO 0 DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES ❑ NO ❑ DJ N: Price of i per Date Percentage L_%) of find product attributable to (Product) NAME & ADDRESS OF SUPPLIER ,u NAME OF COMPANY: ,"�� i r l.' (� ; ,, ;� �. ►, ;� r,""- i ;. ~ ; r, r�, PDF-PO02-2004 2 I0ID4 Pape 13 of 28 PREVIOUS CONTRACT NO. D-X-01-2 8-81 BID NO. D-1 -01"1 �I,,D SHEET (Continued) 0:0 ERPETROLEUM -- DIESEL FUEL *2 AND BIQUIFSEEt THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED? I4ES O NO VENDOR FAX IRJ— WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR PALM BEACH COUNTIES? � YES O NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? VES O NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: E-MAIL ADDRESS: L ' _ FEDERAL TAX ID O. �J f � � � � _ 7 c/. REMIT ADDRESS: , - f ✓ ► 17� r� l r i �� i' NQ7{m TO BIDDER: 1. Please check the Federal Employers Identification Number (FEIN) and other bdonnation on the face of the Invitation for BidlBidder Acknowledgment Form (IFB) and MAKE APPROPRIATE CORRECTIONS ON THE IFB. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR 010, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORRED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: L (' r, t r; 1:;, �� �ry 1 PDF-PB02-2004 2M 0104 Page 14 of 28 PREVIOUS CONTRACT NO. D-X-01-2201 BID NO. D-j:Q j 018-B1 BID SHEET PF RP L — DILS& FUEL 12 AN 111QDIE§EL TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Ail blanks have been filled In, BID SHEET Is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terns, conditions, specifications and requirements, the bidder offers the following: GROUP FIRM*' UNIT ITEM COMMODITY CODE OPTS* MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT - PER GAL. OUANTITY PRICE #405 09 002 0002 Diesel Fuel #2 Low Sulfur Tankwagon 2. #406 09 002 0001 Diesel Fuel #2 Low Sulfur Transport 3. #405 09 003 0002 Diesel Fuel #2 High Sulfur Tankwagon 1.0553Q/- L f3 $ (. I�i 1 X 11500,000 $ Gal. 1.055,1&- •L� = $ ��� X 6,500,000 $ Gal. 1.0562&- X*7$ 7 $ I . R S O X 200,000 a� Gal. OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. NAME OF COMPANY: T10 �rD-1-0 I(- �Ior)- rv" `—'- \c POF-PS02»2DQ4 2110/04 Page 11 of 28 PREVIOUS CONTRACT NO. D-X-01- 28-B1 BID NO. D-1:M18-81 BID SHEU (Continued) CO-OP FOR PETRQLEIJM - !21ESEL FUEL 12 �I�RIQ121g EL GROUP 4 (ITEMS 4-5) FIRM"' UNIT ITEM COMMODITY CODE OPTS' MARKUP (+) PRICE EST. TOTAL. NO. DESCRIPTION PRICE DISCOUNT - PER GAL.. QUANTITY 4. #405 09 004 0009 Biodiesel Fuel 1.0553 4- = $ , Y S X 80,000 B20 Gal. f " OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. „ Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. FIRM'*' ITEM COMMODITY CODE UNIT PRICE ESTIMATED NO. DESCRIPTION PER GALLON CIUANTIT'Y TOTAL PRICE , 5. #405 09 003 0010 Biodiesel Fuel 8100 $ - t 6" X 65,000 Gal. $ Z C'. eod Price maybe adjusted after the first three (3) months of the initial contract period. Refer to Section 15 (Page 8 of 28) and Attachment A, Paragraph S. GROUP TOTAL. FOR GROUP 4 (ITEMS 4-0) $, 12-1 � GRAND TOTAL FOR GROUPS (1 THRU 5) $ Delivery shall be made between 9:00 a.m. and 5:00 p.m., Monday through Friday, except haII414i. Delivery at other times shall be by special arrangement only. Delivery will be made within 24 hours after time of order, not to exceed 48 hours. Delivery MUST be FOB destination, freight Included and shall be inclusive of all costs. In accordance with Paragraph 9.6 of "Special Instructions to Bidder" indicate If an exception to Insurance requirements Is being requested. Be specific and state mason: NAME OF COMPANY: [�C 00-r-r (-) AUTHORIZED SIGNATURE: / ' ll� ' By ig Is bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. PDF-PB02-2004 010104 pow 12 of 28 PREVIOUS CONTRACT NO. D-X-01-228-pl BID NO. 2j 1 :B1 BID,SHEET (Continued) CO-OP F PETR LE — 12ILSEL EIJEL*2 ANP. QIQDI!gSEL 1. 1S THE MATERIAL IN THE ABOVE: VIRGIN M-""OR RECYCLED Cl (CHECK T HE APPUCABLE BOXY 1F RECYCLED, WHAT PERCENTAGE % PRODUCT DESCRIPTION: 2. IS YOUR PRODUCT PACKAGED ANDVGR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES I] NO O SPECIFY: 3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END USE? YES ❑ NO 0 SPECIFY: THE ABOVE 1S NOT APPLICABLE IF THERE IS ONL YA PERSONAL SERVICE INVOLVED WITH NO PRODUCT INVOLVEMEyIIT. WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY?• VES 0 NO 0 DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES 2" NO O DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES 0 NO @� PRICE AD M-ENT SECTION: Price of $ per Psr'cerlmge (_• %) of final product attributable to (Product) NAME A ADDRESS OF SUPPLIERq NAME OF COMPANY: �" �� -� x -Uf POF-PS02-2004 XM 0104 Page 13 of 28 11�'6 -1 - 1, , PREVIOOa ...._ CONTRACT NO. D-X-Q1-22&61 BID NO. ,Q-1-04-01 8-B1 QID SHEET (Continued) CO-OP F R PETROLEUM - DIESEL FUEL #2 AND BIODIESEL THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED? el'YES ❑ NO VENDOR FAX N WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR PALM BEACH COUNTIES? ❑ YES I1NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA?? © YES iY NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: E-MA/L ADDRESSl Tr.�n BEEPER : FEDERAL TAX ID,�: .1 REM?ADDRESS; �' NQLM TO BIDDER: 1. Please check the Federal Employer's klentHicatlon Number (FEIN) and other Infonrodon on the face of the Invitation for Bid/Bidder Acknowledgment Farm (IFS) and MAKE APPROPRIATE CORRECTIONS ON THE IFB. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM) SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY `- POr-P802-2004 2h 0M4 Page 14 of 28 SUBMIT BID TO: Braward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, Florida 33301-1801 (954) 357-6065/66 BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA INVITATION FOR BID Bidder Acknowledgment -- GENERAL CONDITIONS — THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. SEALED BIDS: This form must be executed and submit- ted with all bid shoots In a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the envelope shall contain the above address, the date and the time of bid opening, and bid number. Bids not submitted on attached bid form may be rejected- All bids are subjected to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Bid must contain an original signa- ture of an individual authorized to bind the bidder. Bid must be typed or printed in ink. All corrections made by bidder to his bid must also be initialled. The bidder's name should also appear on each page of the bid sheet if required. Bids will not be accepted from firms in arrears to the Board of County Commissioners upon debt or contract nor from a defaulter upon obligations to the Board of CountyCommis- sioners. Bidder certifies by signing the bid that no princi- pals or corporate officers of his firm were principals or corporate officers in any other firm which may have been suspended or debarred from doing business with Broward County within the last three years, unless so noted in the bid documents. 2. NO BID: If not submitting a bid, respond by returning this Bidder Acknowledgement form, marking it "NO BID-, no later tha n the stated bid opening date and hour, and explain the reason in the space provided. Failure to respond without justification may be cause for removal of the bidder's name from the bid mailing list. NOTE: To quality as a respondent, bidder must submit a "NO BID.` BIDS WILL BE OPENED 2 p m. MARCH 16, 2004 and may not be withdrawn within 90 calendar days after such date and lime. BID TITLE PETROLEUM - DEISEL FUEL *2 AND SIODIESEL - COOP BID NO. D104018B1 PURCHASING AGENT WILL GLASMYER (954) 357.6078 DELIVERY DATE CASH DISrOUNT TERMS ,3//7101Z BID GUARANTY IS ATTACHED, WHEN REQUIRED. IN THE AMOUNT OF $ REASON FOR NO BID FEDERAL EMPLOYER I.D, or SOCIAL SECURITY NUMBER ,5-9- Z // 2 33 Z DUN A BRADSTREET NUMBER BIDDER NAME�� v� 3. BID WfTHORAWAL: No bidder may withdraw his bid BIDDER MAILING ADDRESS/CITY/STATE/ZIP before the expiration of ninety (90) calendar days from the 3 tc o a Aluj ff Z AV 6 date of bid opening unless vendor so notes in the bid. A41 *IL4 / r P4 33 16 6 BID OPENING: Shall be public, on date, location and time specified on the bid form. The official time is the time clock located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the bidder's responsibility to assure that his bid is delivered on date, location and time specified on the bid form. Bids, which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened may be examined during normal working hour: byappoint- ment. Bid tabulations are available for inspection upon request. (Continued on Page 2) AREA CODE TELEPHONE N0.1 CONTACT PERSON 30S' 57110 '113 a 3 S i i5veP' X(A4 FAX NQ_ INTERNET ADDRE S Soy � 0 37-6 r SK/MGM ,Y,o,-,R. C a M AUTHORIZED SIGNATURE (original in ink) TYPED NAME OF SIGNER TITLE unity maI I?" be 11 mad• wnnwl bNnr unerratuW�nQ. agrNmrm, wdn ■ny �barshon, hnn a praon wbmdb-9 a bid Iw uh s�m� remvNmus, a�a a �n �u ti�ptcy by Intl rAnuut wnuaon a blue. I SO,et wtbiaebrancwduunaolIn.laeAVconfyIhnI'm Aurimz dbsvmINSbdfwIhrbntla FYhN*i Cr yyrV Wry ofINS (dm. pMprs 1 mrn,,jN { air rrnha-r" aM irnpre AS "I AS MYlOKni iN{InIH9N Ihaeyrl Aavai-nbI :tXM 0103-20 IRr , 3/991 Page 1 of 4 (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety pre- cautions In the use of or exposure to the toxic sub- stances, including appropriate emergency treatment in case of overexposure. (d) The emergency procedure for spills, fire, disposal, and first aid. (e) A description in lay terms of the known specific poten- tial health risks posed by the toxic substance intended to alert any person reading this information. (� The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 10. MANUFACTURERS NAME AND APPROVED EQUIVA- LENTS: Manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and establishment of quality level de- sired and are not intended to limit competition unless other- wise specified in the bid. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit with his bid complete descriptive literature and/ or specifications. The bidder should also explain in detail the reason(s) why and submit proof that the proposed equiva- lent will reeet the specifications and not be considered an exception thereto. Broward County Board of County Com- missioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do not comply with these requirements are subject to rejection, If Bidder fails to name a substitute it will be assumed that he is bidding on, and he will be required to furnish goods identical to bid standard. Vendor at his expense and redelivered at his expense. Rejected goods left longer than thirty (30) days will be regarded as abandoned and the Board shall have the right to dispose of them as its own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do so, the Vendor shall immediately remove and replace such rejected merchandise at his expense. Rejection for non— onformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in contractor being found in default. 14. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination. Title and risk of loss or damage to all items shall be the responsibility of the contrac- tor until accepted by the County, 15. GOVERNMENTAL RESTRICTIONS: In the event any gov- ernmental restrictions may be imposed which would necessi- tate alteration of ttte material quality, workmanship or perfor- mance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the County at once, indicating in his letter the specific regulation which required an alteration. The Board of County Commis- sioners reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County. 16, 11. INTERPRETATIONS: Any questions concerning condi- tions and specifications of this bid shall be directed in writing to the Purchasing Division a minimum of 24 hours prior to bid opening. No interpretation(s) shall be considered bind- 17 ing unless provided to all Bidders in writing by the Director of the Purchasing Division. 12, AWARDS: If a specific basis of award is not established in the special instructions to bidders, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. As the best inter- est of the Board of County Commissioners may require, the right is reserved to make award(s) by individual commodi- ties/services, group of commodities/services, all or none or any combination thereof. When a group is specified, all items within the group must be bid. A bidder desiring to bid "No Charge" on an item in a group must so indicate, otherwise the bid for the group will be construed as incom- plete and may be rejected. However, if bidders do not bid all items within a group, the County reserves the right to award on an item by item basis. When a group bid is indicated for variable quantities and the bid for the group shows evidence of unbalanced bid prices, such bid may be rejected. The Purchasing Director, or the Board of County Commission- ers, whichever is applicable reserves the right to waive technicalities and irregularities and to reject any or all bids, LEGAL REQUIREMENTS: Applicable provisions of all Fed- eral, State, County a nd local laws, and of all ordinance, rules and regulations including the Procurement Code of Broward Countyshall govern development, submittal and evaluation of bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid in response hereto and Broward County by and through its officers. employees and autho- rized representative, or any other person natural or other- wise. Lack of knowledge by any bidder shall not constitute a recognizable defense against the legal effect thereof. PATENTS AND ROYALTIES. The bidder, without excep- tion, 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, pat- ented or unpatented invention, process, or article manufac- tured or used in the performance of the contract, including its use by the County. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in anyway involved in the work. 18. ASSIGNMENT, SUBCONTRACT: Contractor shall not transfer, convey, pledge, subcontract or assign the perfor- mance required by this bid without the prior written consent of the Purchasing Director. Any Award issued pursuant to this bid invitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Purchasing Director, 19. DUALIFICATIONS OF BIDDER: Bids will be considered only 13. NON-CONFORMANCE TO CONTRACT CONDMONS: from firms normally engaged in providing the types of corn - The County may withhold acceptance of, or reject any items modities/servicesspecified herein.ThePumhasingDirectoror which are found, upon examination, not to meet the speci- the Board of County Commissioners, reserves the right to fication requirements. Upon written notification of rejection, inspedthefadlities,equipment, personnel and organization or items shall be removed within five (5) calendar days by the to take any other action necessary to determine ability to Page 3 of 4 Pages SOUTHEAST FI,ORIDA GCVPJM24ENTAL PURCHASING COOPWATTVE TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately twenty-six (26) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document_ autheast Flo 'da ov n 1 Pu si ra " P ti n I P • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency'. All responses are to be returned in accordance with the instructions contained in the attached document. Any difficutty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract. issuing its own purchase orders, and for order placement_ Each entity will require separate billings, be responsible for payment to the Contractors) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The ContracVpurchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements_ • Any reference in the documents to a single entity or location will, in fad, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period_ • The Contractor(s) shall famish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. MILInigi alities and other ov mm nt i ent' ar o e f joUt G vemmental Purchasin oo mkA are strictly hib' ed ili in n urchas ord r r ul ' f hi y 22n RE bi . However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the Lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" PREVIOUS CONTRACT NO. D-X-01- 28-61 BID NO. D-1-04-018-B1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA PECIAL INER&ICTIONUO BI DERS IN ADDITION M G N RAL ONO N P E0_11 PglaghEUM -- DIESE AN D E 1. $COPE: Bids are hereby invited on an open-end basis for Petroleum — Diesel Fuel #f2 and Biodiesel for the Southeast Florida Governmental Purchasing Cooperative and Various Broward County Divisions. The initial Contract period shall start on date of award, or June 1, 2004, whichever is later and shall terminate one (1) year from that date. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. All markup/discount prices, terms and conditions shall remain fixed for the initial period of the contract. In addition, all markup/discount prices, terms and conditions shall remain fixed for the renewal period of the contract exception of Biodiesel. REFER TO ATTACHMENT "A", PARAGRAPH 5, PRICING. Biodiesel only All prices, terms and conditions shall remain fixed for the initial three (3) month period of the contract. Following the three (3) month period, price increases may be accepted by the Director of Purchasing in accordance with the procedure described in Section 12, Special Clauses, of this document (See Page 8 of 28). The Purchasing Director may renew this contract for a one (1) year period subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing Director. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the County. POF-PS02-2004 2M 0/04 Page 7 of 28 PREVIOUS CONTRACT NO. D-KS1_,2�&61 810 NO. D-1-04-01&81 PECIAL INSTR CTID S TO 012DERS (Continued) .QMP FOR PETROL M -- DIE EL FU #2 AbQ_BIQDIESEL 7. DELIVERY AND ACrEPTANCE: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state on the Bid Sheet the number of calendar days required to make delivery and/or installation after issuance of purchase order or request for services. However, goods required for daily consumption, or where the delivery is an emergency, a replacement, or is overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made not later than next succeeding business day. Delivery is FOB destination freight included and shall be inclusive of all costs and is to be made to the following site(s): REFER TO ATTACHMENT "A", CONTACTS FOR STORAGE FACILITIES. Delivery must be made within 24 hours after time of order. Vendor who cannot meet delivery requirements may be considered non -responsive. REFER TO ATTACHMENT "A", PARGRAPH 4, DELIVERY. 8. SAMPLES. P ODUCT ITERATURE AND DE RIPTIVE CATALOG E : Not applicable for this bid. 9. INSURANCE REQUIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACHED)(Attachment "F") The Insurance Requirements contained in this Bid represent the minimal protection necessary for the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division if circumstances change or adequate made by Risk Management Division that the County is adequately protected. The Protection of the County is presented. No award will be recommended until a written determination is low bidder shall be required to provide proper insurance to the Purchasing Division prior to award by the Purchasing Director or recommendation of award to the Board of County Commissioners, whichever is applicable. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COUNTY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth in this Section. 9.1 Workers' Compensation Insurance to apply for all employees in compliance with the 'Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(s) must include: PDF-P802-2004 2M O/04 Page 3 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. 13-1-04-013-61 SP CtAL 1 STR C N BIDDERS (Continued) P FQR PETROLEUM -- DIgSLL FUgL #2 AN I DI L 9. INSURANGE R t : (Continued) 9.3.3 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide Broward County with M& (W) days notice of cancellation and/or restrictions. 9.4 Environmental Liability with minimum limits of Five n r Dollars (400.D00A0) per occurrence with a maximum deductible of Ten Thousand Dollars ($IQ&Q . , without restrictive endorsements, as filed by the Insurance Services Office. 9.4.1 Notice of Cancellation and/or Restriction — the policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 9.5 The CONTRACTOR shall provide to the COUNTY Certificates of Insurance evidencing the insurance coverage specified in 9.1, 9.2, 9.3 and 9.4 above. The Contractor should provide these Certificates within fifteen (15) days after request by the Purchasing Agent. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Contract and section and the above paragraphs in accordance is as required by such paragraphs of this Contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 9.6 Certificates of insurance shall be provided as specified in subsection 9.5 above unless any of these coverages are, for just cause, inapplicable, and upon specific request by the vendor are excepted by written determination of risk management and approved by the purchasing director. If an exception is requested, the bidder should indicate in the appropriate area on the bid sheet any such request including reason(s) thereto for exemption from insurance requirements as specified in this section of this invitation for bid/quotation request. 10. INDEMNIFICATION: The CONTRACTOR shall indemnity and save harmless the COUNTY, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the completion of this Project; or by or in . consequence of any negligence (excluding negligence of COUNTY), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or their Subcontractor, Agents, Servants or Employees. Contractor agrees to indemnify and save harmless the COUNTY against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR. The CONTRACTOR agrees to indemnity and save harmless the COUNTY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against COUNTY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against COUNTY for the infringement of any and all patents or patent rights claimed by any person, fine, or corporation. PDF-PO02-2004 yMgpq Pegs 5 of 28 PREVIOUS CONTRACT NO. D-01-228-81 BID NO. D-1-04-018-B1 SP CIAL 1 UC N O B R (Continued) O-OP FQF1 29MOLIEUM-- DI S L FUEL AND BIODICEEL 14. SMALL DISAQX�k_�ED BUSINE6A_FXgRPRISE AF 1 MATIVE AglIQU pgOG&AM SD1_ BEAM: (Continued) All Bidders must submit with their bid a BiddIrs SDBE ResDonse Sheet, (Attachment "CO). 3211, a ZchgWule Qf SDBE Participatign (Attachment "D") (0(W) showing SDBE firms (if any) participating in the Project as prime contractor, subcontractor or supplier n n v it i i h (Attachment "E") (00325) is required if numerical goals have not been met by bid opening). Please Note: In accordance with Ordinance 93-17 Section 20-277 (b) "Contract Goals"... A Business Enterprise owned by a woman who is a member of a minority group maybe counted on a participation contract as a MBE or a WBE but not both. For the purposes of goal achievement the County requires the successful Bidder to use Certified Broward County small disadvantaged business enterprises; and the Office of Economic Developrnent/Small Business Development Division maintain a certified directory of SDBE's which is available to Bidders. THIS CONTRACT HAS THE FOLLOWING SDBE NUMERICAL GOALS: Minority Business Enterprise TOTAL SDBE NUMERICAL GOALS 12% In addition to the SDBE Directory mentioned above, the Small Business Development Division also maintains the directory which is available for use by CONTRACTORS on-line through the Broward County SEFLIN Free Net Network. Contact the SBDD at (954) 357-6400 for more information. The COUNTY encourages the CONTRACTOR to use minority owned -and -operated banks. Small Disadvantaged Business Enterprise (SDBE) is defined as a small business that is at least 51 percent beneficially owned and is routinely managed by one or more disadvantaged individuals of the following classifications: A. African Americans, which includes persons having origins in any of the black racial groups of Africa; B. Hispanic Americans, which includes persons of Spanish or Portuguese culture with origins in North, South or Central America or the Caribbean region, regardless of race. C. Asian -Pacific Americans, which includes persons whose origins from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific and Northwest Marianas; D. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; E. Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh; F. Any individuals found to be socially and economically disadvantaged by the Small Business Administration; and G. Any women not included in (A) through (F) above. PDF-PS02-2004 2/10/04 Page 7 of 28 PREVIOUS CONTRACT NO.134-01-228-B1 BID NO. D-1-04-018-81 SPECIAL INSTRWQTI!2bj j TQ BIDDERS (Continued) C�Q!!0PEOR PETROLEUM DIBSEL FUEL #2 ANQ,BIODIESEL 15. PRICE ADJUSTMENT !;LAUSES: (Continued) Price EscalEtion Caused by 81!!K Material Cost Incre„ lse (Continued) Written notification will be sent to the Contractor by the Director of Purchasing of the decision to accept or not accept the price increase. In the event of non -acceptance of such revision the Contract will be deemed terminated as of the close of business the day prior to the effective date of change as stated in Contractor's submission. In the event of a price increase the new prices will apply only to the orders placed after the acceptance by the County. Any orders placed prior to the effective date will not be affected and will be invoiced at the prices in effect at the time the order was placed. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the Contractor prior to the termination date even if no increase is granted by the Purchasing Director. Failure to complete delivery could cause the Contractor to be debarred from doing business with the County according to the Broward County Procurement Code Section 21.119, Authority to Debar or Suspend. If after the first three months of the initial contract period, the price of soybean oil is decreased by fifteen (15%) below the price in effect at the time the vendor submitted a bid, the vendor is required to extend to the County a price decrease equal to the overall price decrease experienced in the product manufacture, handling or shipping as a direct result of the price decrease. The County may request a price decrease after each three (3) month period if the price of soybean oil as published in the Wall Street Joumal on the first working day of the month at time of request has decreased fifteen (15%) percent in effect at the time the vendor submitted the bid or after time of the last price increase awarded. The same data base and procedure applicable for a price increase will be used for a price decrease. The vendor is to notify the Director of Purchasing of any Price Decreases within seven (7) calendar days of the first working day of the month. If the vendor does not notify, the Director of Purchasing may request a reduction in price from the vendor in writing prior to contract renewal or forty-five (45) days prior to the effective date of change. If the vendor does not agree to the decrease, the Director of Purchasing must be notified no later than thirty (30) days prior to the effective date of the change. If the vendor fails to notify the Director of Purchasing of non -acceptance within the time frame, it shall mean the vendor concurs with it and the new prices will take effect. In the event of non -acceptance by the vendor of such revision the contract will be deemed terminated as of the close of the business day prior to the proposed effective date of change. 16. ' DRUG -FREE WORKPLACE rERTIFICATION: Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to fines certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Attachment "B") must be furnished to this office prior to an award being made. Failure to provide this certification will render your office unqualified and ineligible for award. POF-PS02-2004 2M D/04 Page 9 of 28 PREVIOUS CONTRACT NO. D- -01-22 81 BID NO. D-1-04-018-B1 BID — C P FO P EU — DIESEL FLIEL #2 AND BIQDIESEL TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled In, BID SHEET is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terms, conditions, specifications and requirements, the bidder offers the following: GROUP FIRM- UNIT ITEM COMMODITY CODE OPTS' MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT -) PER GAL. QUANTITY PRICE 1. #405 09 002 0002 Diesel Fuel #2 1.0553 +/- $ X 1,500,000 $ Low Sulfur Gal. Tankwagon 2. #405 09 002 0001 Diesel Fuel #2 1.0553 +/- 4• DDo� $ X 8,500,000 Low Sulfur Gal. Transport 3. #405 09 003 0002 Diesel Fuel #2 1.0562 +/- $ X 200,000 $ High Sulfur Gal. Tankwagon ` OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. " Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. NAME OF COMPANY: � DR2 PDF-PB02-2004 2M OA34 Page 11 of 28 PREVIOUS CONTRACT NO. D-X-01-228-81 BID NO. D-1-04-018-B7 110 SHEET i (Continued) • i r 4 MOP F013 PETROLEUM - DIESEL FUEL #2 AND BIOQ1gSEL GROUP 4 (ITEMS 4-5) FIRM" UNIT ITEM COMMODITY CODE OPIS* MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT - PER GAL QUANTITY PRICE 4. #405 09 004 0009 Biodiesel Fuel 1.0553 +/- - $ X 80,000 $ 820 Gal. ' OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. '* Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. FIRM*'* ITEM COMMODITY CODE UNIT PRICE ESTIMATED TOTAL NO. DESCRIPTION PER GALLON OUANTITY PRICE 5. #405 09 003 0010 Biodiesel Fuel 13100 $ X 55,000 Gal. $ *" Price may be adjusted after the first three (3) months of the initial contract period. Refer to Section 15 (Page 8 of 28) and Attachment A, Paragraph 5. GROUP TOTAL FOR GROUP 4 (ITEMS 4-5) $ GRAND TOTAL FOR GROUPS $ 9 M/ ArP d e (1 THRU 5) , Delivery shall be made between 9:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Delivery at other times shall be by special arrangement only. Delivery will be made within 24 hours after time of order, not to exceed 48 hours. Delivery MUST be FOB destination, freight included and shall be inclusive of all costs. In accordance with Paragraph 9.6 of "Special Instructions to Bldder' Indicate if an exception to insurance requirements is being requested. Be specific and state meson: NAME OF COMPANY: Ryp-e e AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terns and conditions of the Invitation for Bid. POF-PS02.2004 2h0/04 Page 12 of 28 PREVIOUS CONTRACT NO. D-X-01-22"1 BID NO. D-1-04-01 -B1 Ell.StIECZ (Continued) C P FOR PETROLE - QIESCL FUEL 6ND BIQDIggEL REC"C C NT O T1 N: I. IS THE MATERIAL IN THE ABOVE: VIRGIN OR RECYCLED D (CHECK THE APPLICABLE BOX) IF REC LED, WHAT PERCENTAGE X PRODUCT DESCRIPTION: z IS YOUR PRODUCT PACKAGED AND/DR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES D Nolzr� SPECIFY. 3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED IT'S INTENDED END USE? YES ❑ fdo SPECIFY. THE ABOVE IS NOT APPLICABLE IF TNERE IS ONLYA PERSONAL SERVICE INVOLVED WfTH NO PRODUCT INVOLVEII&ENL WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY? YES ❑ NO AK DO YOU OUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES ❑ NO ❑ DO YOU OUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES ❑ NO ❑ P I U TM NT CTI Price of per Percentage (_ .�- ix) of final product atbtbutable to (Product) NAME & ADDRESS OF SUPPLIER NAME OF COMPANY: /��V � 9k)C-X ,0iSr,4itg77D .) C© lP, POF-PB02.20N 2/10/04 Page 13 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-I&I-01S-Ell BIQ_SHEET (Continued) CQ-OP EQ!jEURQLEUM--DIESCL FUEL #2 ANQBIQDI,g,M THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED? )(YES O NO VENDOR FAX# &05~ 52� d r.32,61 WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR PALM BEACH COUNTIES? 0 YES X NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? O YES /<NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: E-MA/L ADDRESS: �yd 4e7,P' CC> � r BEEPER #: p FEDERAL TAX ID F: REMITADDRESS. _^ n AGO 2 c3 -do x1f8 2 Awl" � H1,04/ .1 FL 3 3 /,6 fa — &gnM TO 1. Please check the Federal Employer's IdentiTicstion Number (FEIN) and other Information on the face at the Invitation for Old/Bidder Acknowledgment Form (IFS) and MAKE APPROPRIATE CORRECTIONS ON THE IFS. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY. A, 6),,,j ` 2e'Qu r/0A) CaOep PDF-PB02-2004 2M01" Page 14 of 22