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Contract 2021-093ADocuSign Envelope ID: 9FF97CFC-FA7A4418-8197-97D6572A20FD #2021-093-A AGREEMENT NO. 2021-093 FOR GASOLINE, DIESEL, KEROSENE, LP GAS, AND BIO-DIESEL THIS AGREEMENT, is made and entered into this 14 day of December 2021, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and Port Consolidated, Inc., whose address is: 3141 SE 14 Avenue Fort Lauderdale, Florida, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Lake County through the public procurement process awarded an Agreement for Gasoline, Diesel, Kerosene, LP Gas, and Bio-Diesel. Lake County Contract Number 20-0701; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Lake County Contract Number 20-0701; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1— SCOPE OF WORK The CONTRACTOR shall furnish Gasoline, Diesel, Kerosene, LP Gas, and Bio-Diesel as described in the Lake County Contract Number 20-0701, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE 2 — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. ARTICLE 3 — TERM AND TERMINATION 3.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until April 21, 2022 unless terminated or renewed by Lake County. DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD 3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for three. (3) additional one (1) year term. ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK 4.1. The CONTRACTOR shall only provide to CITY Gasoline, Diesel, Kerosene, LP Gas, and Bio-Diesel upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Lake County Contract Number 20-0701 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 4.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and specifications hereof. 4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 2 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or 3 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD indirectly employed by it, and the amount of such insurance shall be as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorneys fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 4 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD ARTICLE 8 — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Port Consolidated, Inc. 3141 SE 14 Avenue Fort Lauderdale, Florida 33316 Attn: Daniel Simmons, Vice -President OWNER. City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability — If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assignment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law — This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9.9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. P DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in the Lake County Contract Number 20-0701. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 14 day of December . 2021. CITY OF CLERMONT by: DS Tim Murry, Mayor ATTEST: —Docuftned by: T" AA"j,4 Tracy Ackroyd Howe, 7 DocuSign Envelope ID: 9FF97CFC-FA7A- 4418-8197-97D6572A20FD Port Consolidated, Inc. CDocuSigned by: Abut l slwUMMs y. B020CCDOBFE36438... (Signature) Daniel Simmons Print Name: vice President Title: Date: 12/8/2021 DocuSign Envelope ID: 9FF97CFC-FA7A4418-8197-97D6572A20FD. �.ublt A COUNTY, FL REAL FLORIDA - REAI CLOSE MODIFICATION OF CONTRACT Modification Number:Oiie (1) Contract Number: 20-0701 Effective Date: 4/22/2021 Title: Gasoline, Diesel, Fuel, Kerosene, LP Gas, and Bio-Diesel Effective Date: 4/22/2020 Contracting Officer: Amy Munday Contractor Name and Address: E-mail: AMunday@lakecountyfl.gov lakecountyfl.gov Telephone Number: (352) 343-9765 Name: Port Consolidated, Inc. Address: P. O Box 350430 Issued By: Procurement Services City: Fort Lauderdale. FL 34736 Lake County Administration Building 315 W. Main St.. Suite 441 ATTENTION: Danny Simmons. Vice -President Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services -within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract Modification to extend for one (1) year expiring April 21, 2022. CONT TOR S NATURE BLOCK LAKE COUNTY G ATUR BLOCK Signature: Signature: Print Name: S'I ran M-4s _ Print Name: AMAP unday Title: l/" « �er:dQen�- Title: Contracting Officer Date: January 21, 2021 _ Date: I / Z 1�1 21 E-mail: Secondary E-mail: Distribution: Original - Bid File Copy - Contractor Contracting Officer PROCUREMENT SERVICES -DIVISION OF OFFICE- OF MANAGEMENT AND BUDGET SERVICES P.O. BOX 7800.315 W MAIN ST„ TAVARES, FI.32778 - P 352.343.9839 - F 352 343 9473 Board of fbFmnv Commissioners - wnrmJekecowurA.gor DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD LAi(t COUNTY, FL _`.At [loll CONTRACT NO.20-0701 for Gasoline, Diesel, Kerosene, LP Gas, and Bio-Diesel LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Port Consolidated (hereinafter "Contractor") to supply Gasoline, Diesel, Kerosene, LP Gas, and Bio- Diesel to the County pursuant to County Bid number 20-0701 with any included addenda (hereinafter "Bid"), with an opening date of 12/18/2019, and Contractor's Bid response dated 11/27/2019, thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. Attachments: None No financial obligation under this Contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this Contract. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: Certificate of Insurance. The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his option, declare this Contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from 4/22/2020 through 4/20/2021., except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for four (4) one (1) year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY, FLORIDA By: 4"?Xmm ay Date: 4/22/2020 Distribution: Original -Bid File Copy -Contractor Copy -Department PROCUREMENT SERVICES / A DIVISION OF THE OFFICE OF MANAGEMENT AND BUDGET P.O. BOX 7800.315 W. MAIN ST., RM 441, TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473 Board of County Commissioners • www.lakeeg"fl.gov DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL INVITATION TO BID (ITS) Procurement Services website 352-343-9839 315 West Main Street, Suite 441 Tavares, Florida 32778 Post Office Box 7800 ITB Number: Bid Title: Contracting Officer: CLOSING DATE: CLOSING TIME: LAKE COUNTY, FL 20-0701 REAL FLORIDA • REAL CLOSE 20-0701 GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL Amy Munday 11/27/2019 3:00 P.M. Eastern Vendors shall complete and return all information requested in Section 9.0. Failure to submit the bid response by the specified time and date will result in rejection of bid. Failure to sign the bid response may be cause for rejection of the bid. 1.0 1.1 1.2 1.3 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 TABLE OF CONTENTS PURPOSEOF BID.......................................................................... TECHNICAL SPECIFICATIONS or SCOPE OF WORK .... EXHIBITS.................................................................................... ATTACHMENTS......................................................................... POINTOF CONTACT.................................................................... PROPOSED SCHEDULE............................................................... QUESTIONS, EXCEPTIONS, AND ADDENDA ......................... TERM OF CONTRACT.................................................................. METHOD OF PAYMENT .................................. - METHODOF AWARD............................................................. DELIVERY OF BID................................................................ SUBMITTAL REQUIREMENTS ......................................... 2 ......................................... 2 ......................................... 2 ......................................... 2 ......................................... 2 ......................................... 2 ......................................... 2 ........................................ 3 ........................................ 3 ........................................ 3 ........................................ 4 5 Page 1 of 6 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 1.0 PURPOSE OF BID The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed bids to furnish GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL for and on behalf of the following entities, all of which are members of the Purchasing Officials of Lake Cooperative Purchasing Program ("hereafter "POOL"): Awarding Entity: Lake County, Florida Board of County Commissioners (hereafter "COUNTY"), Participating Entities: the Lake County School Board, the Lake County Sheriff's Office, the Town of Astatula, the Town of Lady Lake, the City of Clermont, the City of Eustis, the City of Leesburg, and the City of Mount Dora, Florida (hereafter "Entities"). 1.1 TECHNICAL SPECIFICATIONS or SCOPE OF WORK Refer to Exhibit A — Scope of Work for full details. 1.2 EXHIBITS Exhibit A — Scope of Work Exhibit B — Insurance Requirements Exhibit C — Review the Lake County General Terms and Conditions nag e dated 2/26/2019. Exhibit D — Delivery Site Locations 1.3 ATTACHMENTS Attachment 1 — Bid Submittal Form Attachment 2 — References Form Attachment 3 — Pricing Sheet Attachment 4 — Pricing Continued 2.0 POINT OF CONTACT Inquiries concerning any portion of this solicitation should be directed to the Contracting Officer below who will be the official point of contact for this solicitation. Amy Munday, Contracting Officer II Telephone: 3 52-343-9839 Fax : 352.343.9473 E-mail: amunday(a,lakecomrtyfl. ov 3.0 PROPOSED SCHEDULE 10/30/2019....................... Invitation to Bid Available 11/20/2019....................... Last Day to Receive Written Questions 11/27/2019....................... Bid Closing Date 4.0 QUESTIONS, EXCEPTIONS, AND ADDENDA Vendors should carefully examine this solicitation package including the Lake County General Tenns and Conditions nave. All communication, inquiries, or requests for exceptions are to be directed to the Contracting Officer listed in Section 2.0. The last day for questions or requests for exceptions is 11/20/2019. An addendum may be issued in response to any inquiry received, which changes or clarifies the terms, provisions, or requirements of the solicitation. No answers given in response to questions submitted will be binding upon this solicitation unless released Page 2 of 6 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 in writing as an addendum to the solicitation and posted on the Lake County Formal Bid site for this solicitation. Where there appears to be a conflict between this solicitation and any addenda, the last addendum issued will prevail. It is the Vendor's responsibility to ensure receipt of all addenda and any accompanying documentation. Failure to acknowledge each addendum may prevent the proposal from being considered for award. Clarification of process or procedure questions may be asked at any time to the Contracting Officer. 5.0 TERM OF CONTRACT The Contract will be awarded for an initial one (1) year term with the option for four (4) subsequent one (1) year renewals. Renewals are contingent upon mutual written agreement. Contract prices resultant from this solicitation will prevail for the full duration of the Contract unless otherwise indicated elsewhere. Prior to completion of each exercised term, the County may consider an adjustment to price based on changes as published by the U.S. Department of Labor, Bureau of Labor Statistics. Refer to Exhibit A — Scope of Services. It is the Contractor's responsibility to request in writing any pricing adjustment under this provision. 6.0 METHOD OF PAYMENT The Contractor must submit an accurate invoice to the County's using department. The date of the invoice must be after delivery but no more than thirty (30) calendar days after delivery. Invoices must reference the: purchase or task order; delivery date, delivery location, and corresponding packing slip or delivery ticket signed by a County representative at the time of acceptance. Failure to submit invoices in the prescribed manner will delay payment. Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. The County will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate County using department. The County will pay interest not to exceed one percent (1 %) per month on all undisputed invoices not paid within thirty (30) days after the due date. 7.0 METHOD OF AWARD Each Bid submittal will be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this Bid. (Responsive) B. The greatest benefits to Lake County as it pertains to: (Responsible) 1. Total Cost — per gallon rack/pipeline prices as of November 5, 2019* including markups + or -; 2. Delivery; 3. Past Performance. In order to evaluate past performance, all Vendors are required to submit a list of five (5) verifiable references / relevant projects completed within the last three (3) years that are the same or similar in magnitude to this ITB. The County may be listed as a reference. Use Attachment 2 — References Form; Page 3 of 6 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 4. All technical specifications associated with this Bid; 5. Financial Stability: A Dun and Bradstreet report may be used by the County to evaluate Vendor's financial stability. All Vendors shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. 6. Review of Vendor's facility to detennine Vendor's capability to successfully perform under contract and, Vendor's ability to supply fuel in emergency situations. Awards will be made to the most responsive, responsible, Vendor whose Bid represents the best overall value to the County when considering all evaluation factors. The County reserves the right to make awards on a lowest price basis by individual item, group of items, all or none, or a combination; with one or more Vendors; to reject any and all offers or waive any minor irregularity or technicality in bids received. Bids received before the date and time listed will be opened, recorded, and accepted for consideration. Vendors' names will be read aloud and recorded. Bids will be available for inspection during normal business hours in the Office of Procurement Services thirty (30) calendar days after the bid due date or after recommendation of award, whichever occurs first. 8.0 DELIVERY OF BID DO NOT RESPOND TO THIS SOLICITATION ON-LINE. All Bids must be sealed and clearly marked with BID: 20-0701, GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL, and firm name. Bids must be received by the Lake County Office of Procurement Services, Room 441, Fourth Floor, 315 W. Main Street, Tavares, FL 32778-7800, no later than 3:00 P.M., Eastern time on 11/27/2019. Bids received after this time, regardless of circumstance, will not be considered. A response will not be accepted if received in the Office of Procurement Services after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center. Allow sufficient time for transportation and inspection. All Bids must be sealed and delivered to (faxes/e-mails will not be accepted): Hand Delivery: LAKE COUNTY PROCUREMENT SERVICES 315 W. MAIN STREET 4TH FLOOR, ROOM 441 TAVARES, FLORIDA 32778 Sealed Bids delivered by a third -party carrier (U.S. Postal Service, FedEx, UPS, etc.) are opened and inspected by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off - site controlled facility prior to delivery to the Office of Procurement Services. United States Postal Service (USPS). Allow additional days for transportation and inspection: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778-7800 Page 4 of 6 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 Third Party Carrier (FedEx, UPS, etc). Allow an additional day for transportation and inspection: LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 313 SOUTH BLOXHAM AVENUE TAVARES, FL 32778 9.0 SUBMITTAL REQUIREMENTS Vendors must complete and return all information requested in this ITB document (See Section 9.0). Bid submission indicates a binding offer to the County and agreement of the terms and conditions referenced in this Invitation to Bid. Do not make any changes to the content or format of any form without County permission. All information must be legible. The person signing the Bid must initial any corrections made. The Bid must be signed by an official authorized to legally bind the firm to its provisions. Include a memorandum of authority signed by an officer of the company if the signor is not listed as a corporate officer on the firm's SunBiz registration or corporate documents. Vendor must submit one (1) signed original and one (1) complete electronic copy (on a CD or USB flash drive) in a sealed package marked 20-0701, GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL and delivered to the Office of Procurement Services no later than the official bid due date and time. Any bid received after this time will not be considered and will be returned unopened. The County is not liable or responsible for any costs incurred by any Vendor in responding to this ITB including, without limitation, costs for product or service demonstrations if requested. Specific Completion Directions: Prices shall be submitted on a bid sheet as follows: Fuel Cost shall be determined by the date in which delivery of fuel is made. Fuel cost shall include: • Gasoline Diesel Fuels and LP Gas: Prices will be calculated using the following information: o Fuel cost is based on daily OPIS Contract Average (10:00 a.m. EST) / Gross / Standard price for either gasoline or diesel fuel at the Orlando rack. o Vendor's markup as determined by transportation/handling fee o Vendor's markup for profit margin o All applicable fuel taxes and/or petroleum associated fees all listed separately Page 5 of 6 DocuSign Envelope ID: 9FF97CFC-FA7A-0418-8197-97D6572A20FD GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 Submittal must include: \ Completed Attachment 1 — Bid Submittal Form; `6l Include a completed W-9 form; Completed Addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's Bid. Failure to return signed addenda may be cause for Bid \ — to be considered non -responsive; �kl Completed Attachment 2 — Reference Form; Completed Attachment 3 — Pricing Sheet; Completed Attachment 4 — Pricing Continued Business Tax Receipt; Proof of insurance or evidence of insurability at levels in Exhibit B — Insurance Requirements; 0 Provide the Emergency Situation Capability Plan and Process detailed in Exhibit A Scope of Work [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 6 of 6 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD LADE COUNTY, FL L 0 R • Ea CL SE OFFICE OF PROCUREMENT SERVICES PHONE: (352) 343-9839 315 WEST MAIN STREET, SUITE 441 FAX: (352) 343-9473 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO. 1 Date: November 18, 2019 ITB 20-0701 ITB Title: Gasoline, Diesel, Fuel, Kerosene, LP Gas, and Bio-Diesel Vendors are responsible to ensure receipt and acknowledgement of all addenda within Submittal. Acknowledgement is confirmed by inclusion of an electronically completed copy of this addendum within Submittal. Failure to acknowledge each addendum may prevent the Submittal from being considered for award. This addendum does change the date for receipt of proposals. The new due date for proposals is December 4, 2019 to answer questions and requested documents submitted. The questions and requests submitted and requested are below however, they will be answered and furnished in Addendum 2: Questions: L Please provide a current invoice. 2. Please provide bill of ladings for all fuel grades on this solicitation. 3. Please provide the tabulations for the current contract. 4. Please provide tax exemptions/certificates. 5. Who is the current vendor? 6. If shown as line items on the invoice, will payment for the applicable taxes be processed? 7. How is the basis for award calculated regarding the submitted prices? 8. Can the contract award be split between multiple vendors? 9. Is it the intent to award to a single vendor? 10. Which sites require a tank wagon delivery? 11. Please provide the number of Bio-Diesel gallons used on the current contract. 12. Please indicate whether the tank is above or below ground for each site. 13. Do any of the above ground tanks have their own pump installed for the carrier to connect with for offloading? 14. If yes, which locations? 15. Would you be able to provide each site's individual volume? Page 1 of 3 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD 16. What is the average transport delivery size received by each location (or by group)? 17. What is the average tank wagon delivery size received by each location (or by group)? 18. Are gas and diesel delivered together on the same shipment? 19. If yes, which locations? 20. How frequently are deliveries split between multiple locations? 21. Which locations typically receive a split delivery? 22. Will 135 be accepted instead of B20? 23. From where is the current vendor supplying 1320? 24. Will the City allow the pricing index for deliveries to temporarily be changed to cost - plus during sever storms (i.e. hurricanes) that disrupt regional supply? 25. Is there a local vendor preference for this bid? If yes, how is the local preference calculated into the scoring for award? 26. Is the awarded vendor responsible for the costs of fuel testing? 27. If yes, how many times was the fuel tested under the current contract? 28. Is the regular gasoline 87 octane to contain up to 10% ethanol? 29. Is the premium gasoline 93 octane to contain up to 10% ethanol? 30. Is the mid -grade gasoline 89 octane to contain up to 10% ethanol? 31. When dyed diesel is delivered, will the vendor be permitted to bill off of the dyed diesel index? 32. Will the awarded vendor be required to furnish performance or payment bonds? 33. If yes, what percentage of the contract are the bonds to be valued at? 34. Please provide specific OPIS city bidders are to use to base their price off of (i.e. TAFT vs Orlando) 35. Will the bidder's answer to the VISA payment question factor into the County's basis for award? 36. Are the County and member of the Co-op currently paying fuel invoices with VISA? 37. Is pricing based on OPIS? If so, which terminal? 38. Can a metered bill of lading from the terminal be accepted in lieu of the metered truck requirement? If no, please provide a copy of the current vendor's metered delivery ticket. 39. What is the difference between Group 2 Item 4 and Group 4 Item 9? 40. What OPIS city would you prefer to be priced on? 41. What OPIS city are you currently being priced on? 42. What is the expected contract start date? 43. Could you please advise if ultra -low sulfur off road diesel will be acceptable in lieu of the high sulfur diesel requirement? There is no high sulfur diesel in the Orlando/Tampa region. 44. Are you currently receiving any Bio Diesel deliveries? If so, what is the percentage of the Bio? 45. Are any taxes or fees to be included in our margin or be billed separately on invoices? 46. Could you please send a list of bidders that received this solicitation? Finn Name: Port Consolidated Inc I hereby certify that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. Signature of Legal Representative Submitting this Bid: *ZA el cO!,� Date: 11/20/2019 Print Name: Michael Griffith Title: Vice President Page 2 of 3 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD Primary E-mail Address: mgriffith@porteonsolidated.com Secondary E-mail Address: Page 3 of 3 DocuSign Envelope ID: 9FF97CFC-FA7A- 418-8197-97D6572A20FD LAR COU TY, f L n 1 L- n ^( c . f i OFFICE OF PROCUREMENT SERVICES 315 WEST MAIN STREET, SUITE 441 PO BOX 7800 TAVARES FL 32778-7800 PHONE: (352) 343-9839 FAX: (352) 343-9473 ADDENDUM NO.2 Date: November 26, 2019 ITB 20-0701 ITB Title: Gasoline, Diesel Fuel, Kerosene, LP Gas and Bio-Diesel Vendors are responsible to ensure receipt and acknowledgement of all addenda within Submittal. Acknowledgement is confirmed by inclusion of an electronically completed copy of this addendum within Submittal. Failure to acknowledge each addendum may prevent the Submittal from being considered for award. This addendum does change the date for receipt of proposals. The new date for receipt of proposals is Wednesday, December 18, 2019 to allow sufficient time to obtain answers to questions and provide requested documentation. This will be provided in Addendum 3. Firm Name: Port Consolidated Inc I hereby certify that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. Signature of Legal Representative Submitting this Bid: Ma6aa 6665,,'tf Date: 12/2/2019 Print Name: Michael Griffith Title: Vice President Primary E-mail Address: Mgriffith@portconsolidated.com Secondary E-mail Address: Page 1 of 1 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD COUNTYPL L! i . - t I tI OFFICE OF PROCUREMENT SERVICES 315 WEST MAIN STREET, SUITE 441 PO BOX 7800 TAVARES FL 32778-7800 PHONE: (352) 343-9839 FAX: (352) 343-9473 ADDENDUM NO.3 Date: November 27, 2019 ITB 20-0701 ITS Title: Gasoline, Diesel, Fuel, Kerosene, LP Gas, and Bio-Diesel Vendors are responsible to ensure receipt and acknowledgement of all addenda within Submittal. Acknowledgement is confirmed by inclusion of an electronically completed copy of this addendum within Submittal. Failure to acknowledge each addendum may prevent the Submittal from being considered for award. This addendum does NOT change the date for receipt of proposals. This addendum is to answer questions submitted before and, to advise potential bidders that a revised Attachment 3 Pricing page has been added to the website and should be used in place of the previous version. Questions: 1. Please provide a current invoice. See provided copy of invoice attached. 2. Please provide bill of ladings for all fuel grades on this solicitation. See provided copies of bills of ladings (Astatula site is tanker loads; Leesburg, Minneola and Umatilla are all tank wagon loads) 3. Please provide the tabulations for the current contract. Please see attached. 4. Please provide tax exemptions/certificates. See attached Tax Exemption Certificate 5. Who is the current vendor? Port Consolidated 6. If shown as line items on the invoice, will payment for the applicable taxes be processed? If taxes are valid for payment, they will be paid. If not, the invoice will be rejected for non- compliance. 7. How is the basis for award calculated regarding the submitted prices? The Current Rack/Pipeline Charge; Hand ling/Transportation Fee; and Vendor Administrative Margin Mark Up will determine the award along with compliance. Page 1 of 4 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD 8. Can the contract award be split between multiple vendors? The County reserves the right to award to either a single vendor or, award to multiple. 9. Is it the intent to award to a single vendor? See Question 8 10. Which sites require a tank wagon delivery? Tank wagon deliveries to Leesburg, Minneola and Umatilla 11. Please provide the number of Bio-Diesel gallons used on the current contract. Fleet does not purchase Bio-Diesel 12. Please indicate whether the tank is above or below ground for each site. Astatula, Leesburg, Minneola and Umatilla are all above ground tanks. 13. Do any of the above ground tanks have their own pump installed for the carrier to connect with for offloading? Pumps are only for dispensing fuel for County vehicles 14. If yes, which locations? None 15. Would you be able to provide each site's individual volume? Yes, we can provide tank's volume 16. What is the average transport delivery size received by each location (or by group)? Transport (tanker) deliveries to Astatula: 7500 gallons for Gasohol and 7000 gallons of Ultra Low Sulfur Diesel (per delivery) 17. What is the average tank wagon delivery size received by each location (or by group)? Leesburg, Minneola and Umatilla are on a "keep full" basis delivery (i.e. Tuesdays and Thursdays). Road Diesel is used more during summer (mowing season) 18. Are gas and diesel delivered together on the same shipment? Yes, gas and diesel are delivered at the same time 19. If yes, which locations? Leesburg, Minneola and Umatilla 20. How frequently are deliveries split between multiple locations? Twice per 'week; Tuesdays and Thursdays 21. Which locations typically receive a split delivery? Leesburg, Minneola and Umatilla 22. Will B5 be accepted instead of B20? See Question 11 23. From where is the current vendor supplying B20? See Question 11 24. Will the City allow the pricing index for deliveries to temporarily be changed to cost — plus during sever storms (i.e. hurricanes) that disrupt regional supply? County (not City) expects to pay contract pricing during emergencies, hurricanes, etc. Please see Exhibit A — Scope of Work or Services, page 5, "Delivery During Emergency/Hurricane/Disasters or Similar Events" 25. Is there a local vendor preference for this bid? If yes, how is the local preference calculated into the scoring for award? Please visit our website at the following link to learn more about Lake County's reciprocal preference: httl)s://-aii,w.lakeeounh,fl.gov/l)dfs/12rocurement/LCBCC Local Preference Policv. )df 26. Is the awarded vendor responsible for the costs of fuel testing? No, the vendor is not responsible for testing the fuel 27. If yes, how many times was the fuel tested under the current contract? See Question 26 28. Is the regular gasoline 87 octane to contain up to 10% ethanol? Yes, regular 87x can contain up to 10% ethanol Page 2 of 4 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD 29. Is the premium gasoline 93 octane to contain up to 10% ethanol? Fleet does not purchase premium 93* unleaded 30. Is the mid -grade gasoline 89 octane to contain up to 10% ethanol? Fleet does not purchase mid -grade 89* unleaded 31. When dyed diesel is delivered, will the vendor be permitted to bill off of the dyed diesel index? No, the County is requesting pricing on OPIS rate 32. Will the awarded vendor be required to furnish performance or payment bonds? No bonds required 33. If yes, what percentage of the contract are the bonds to be valued at? See Question 32 34. Please provide specific OPIS city bidders are to use to base their price off of (i.e. TAFT vs Orlando) OPIS rack price determined by the closest appropriate terminal for fuel 35. Will the bidder's answer to the VISA payment question factor into the County's basis for award? No 36. Are the County and member of the Co-op currently paying fuel invoices with VISA? The County reserves the right to retain this option for a payment vehicle 37. Is pricing based on OPIS? If so, which terminal? Yes, see Question 34 38. Can a metered bill of lading from the terminal be accepted in lieu of the metered truck requirement? If no, please provide a copy of the current vendor's metered delivery ticket. Yes, if a whole truck was ordered but, if less than that, no. See Question 2 and attachment 39. What is the difference between Group 2 Item 4 and Group 4 Item 9? Duplication error. Revised pricing page has been posted to the website 40. What OPIS city would you prefer to be priced on? See Question 34 41. What OPIS city are you currently being priced on? Orlando, Florida OPIS 42. What is the expected contract start date? January 2020 43. Could you please advise if ultra -low sulfur off road diesel will be acceptable in lieu of the high sulfur diesel requirement? There is no high sulfur diesel in the Orlando/Tampa region. Fleet does not purchase/use High Sulfur Diesel Fuel 44. Are you currently receiving any Bio Diesel deliveries? If so, what is the percentage of the Bio? Fleet does not purchase Bio-Diesel 45. Are any taxes or fees to be included in our margin or be billed separately on invoices? Taxes/Fees billed separately on invoices are: GFE Federal Excise Tax DFE Federal Excise Tax GMF State Motor Fuel Gas Tax Pollution Gas & Pollution Diesel Local Option Gas Lake & Local Option Diesel Lake L.U.S.T. E10 & Fed Oil Spill & L.U.S.T. Diesel & Fed Oil Spill 46. Could you please send a list of bidders that received this solicitation? Please see attached 47. Reviewing the bid documents for ITB 20-0701 and came across something that is of concern. In the items to be submitted that are listed on page 6 of the Invitation to Bid, one of the items is a copy of the rack/pipeline average for November 5, 2019 to verify prices for Page 3 of 4 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD each type of fuel bid. Is the County aware that OPIS is a copyrighted publication and it is a copyright violation to char this information? I realize that many bids request this information but wanted to make sure you were aware. The County has verified this after speaking with OPIS. Pages 5 and 6 have been changed and the revised Invitation to Bid document is available on our website. 48. Are you using the Gross or Net Daily OPIS Rack Average? Gross 49. Is the local office still applicable for this solicitation? Yes (see page 6 of Exhibit A — Scope of Services or Work) however, any potential bidder can propose an option being as detailed as possible as to their proposal on office location. The County reserves the right to follow up in this regard. Firm Name: Port Consolidated Inc I hereby certify that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. Signature of Legal Representative Submitting this Bid: * of 66OU Date: 12/2/2019 Print Name: Michael Griffith Title: Vice President Primary E-mail Address: mgriffith@portconsolidated.com Secondary E-mail Address: Page 4 of 4 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS The purpose of this Invitation to Bid (ITB) is to establish one or more contract(s) for the provision of fuel products for the Lake County Board of County Commissioners ("County") and other participation POOL members ("Entities") as noted in the Special Terms and Conditions. As the best interests of the County may require, the County reserves the right to make award(s) on a lowest price basis by individual item, group of items, all or none, or a combination thereof; with one or more Vendor(s); to reject any and all offers or waive any minor irregularity or technicality in bids received. All fuel products supplied shall meet the specifications of the State of Florida Department of Agriculture and Consumer Services, State of Florida Department of Transportation and all Federal specifications. The Vendor(s) shall provide gasoline, diesel, fuel oil, kerosene, LP propane gas, DEF (diesel exhaust fluid), and/or bio-diesel per the following specifications: • Gasoline Note: The denatured fuel ethanol delivered shall meet the requirements of the latest ASTM D4806 specifications as well as any regulations by the State of Florida and the Federal government. • Unleaded, 87 Octane Gasoline, unleaded, antiknock (octane) index minimum 87 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with state of Florida gasoline inspection laws. To be delivered as ordered via tank wagon. Gasoline, unleaded, antiknock (octane) index minimum 87 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with state of Florida gasoline inspection laws. To be delivered as ordered via transport truck in full loads. • Unleaded. 89 Octane Gasoline, unleaded, antiknock (octane) index minimum 89 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, and volatility class suitable for Florida at time of scheduled use, per A.S.T.M. specification D4814, complying with state of Florida gasoline inspection laws. To be delivered as ordered via tank wagon. Gasoline, unleaded, antiknock (octane) index minimum 89 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, and volatility class suitable for Florida at time of scheduled use, per A.S.T.M. specification D4814, complying with state of Florida gasoline inspection laws. To be delivered as ordered via transport truck in full loads. 0 Unleaded, Premium, 92/93 Octane Page 1 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD 20-0701 EXHIBIT A — SCOPE OF WORK/SERVICES FUEL PRODUCTS Gasoline, unleaded, premium, antiknock (octane) index minimum 92/93 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with state of Florida gasoline inspection laws. To be delivered as ordered via tank wagon, minimum delivery 500 gallons. Gasoline, unleaded, premium, antiknock (octane) index minimum 92 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with state of Florida gasoline inspection laws. To be delivered as ordered via transport truck. Fuel Oil • Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Fuel (REV 13 OCT 06) Oil, diesel fuel, grade no. 2-D ultra -low sulfur fuel (.0015 mass % sulfur, 40 centane min.), for use in over the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. To be delivered as ordered via tank wagon. Oil, diesel fuel, grade no. 2-D ultra -low sulfur fuel (.0015 mass % sulfur, 40 centane min.), for use in over the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. To be delivered as ordered via transport truck. • Diesel Fuel, Grade No. 2-D High Sulfur Fuel Oil, diesel fuel, grade no. 2-D high sulfur fuel (.5 mass % sulfur, 40 centane min.), for use in off the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 517-2.001. To be delivered as ordered via tank wagon. Oil, diesel fuel, grade no. 2-D high sulfur fuel (.5 mass % sulfur, 40 centane min.), for use in off the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. To be delivered as ordered via transport truck in full loads. • Diesel Fuel, Red Dye, Grade No. 2-D Low Sulfur Fuel Oil, diesel fuel, red dye, grade no. 2-D low sulfur fuel (.05 mass % sulfur, 40 centane min.), for use in off the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. To be delivered as ordered via tank wagon. Oil, diesel fuel, red dye, grade no. 2-D low sulfur fuel (.05 mass % sulfur, 40 centane min.), for use in off the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. To be delivered as ordered via transport truck. Page 2 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS Kerosene Kerosene shall be a refined petroleum distillate consisting of a homogenous mixture of hydrocarbons essentially free from water, inorganic, acidic, or basic compounds, and excessive amounts of particulate contaminants. It shall meet the requirements of the following specifications when tested in accordance with the latest version of the American Society for Testing and Materials Methods of Tests: A. No. 1-K Kerosene. (1) Color (ASTM D-156). (a) The color may not be darker than +16 Saybolt Scale. (b) Dyeing agents may not be used to change the naturally refined color except when required by the US EPA or IRS. (c) When dyeing of 1-K kerosene is required, it shall be dyed with Solvent Red 164 at the concentration spectrally equivalent to at least 3.9 pounds of the solid dye Standard Red 26 per 1,000 barrels in accordance with federal mandates. (2) Flash Point (ASTM D-56)--38°C (100°F) minimum. (3) Distillation (ASTM D-86)--End point 300°C (572°F) maximum. (4) Sulfur (ASTM D-4045)---0.04 percent by mass, maximum. B. No. 2-K Kerosene. (1) Color (ASTM D-156). The color, before dying, may not be darker than +16 Saybolt Scale. Additionally, 2-K kerosene shall be dyed with Solvent Red 164 at the concentration spectrally equivalent to at least 3.9 pounds of the solid dye Standard Red 26 per 1,000 barrels in accordance with federal mandate to indicate that it is illegal for use as a propelling fuel in a vehicle designed for on -highway use. (2) Flash Point (ASTM D-56}-38°C (100°F) minimum. (3) Distillation (ASTM D-86)—End point 300°C (572°F) maximum. (4) Sulfur (ASTM D-4045)--0.30 percent by mass, maximum. Page 3 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS LP Gas Propane Gas shall have the following properties and meet ASTM D1835-82, 86, 87, 91, 97 as well as State of Florida and Federal regulations: Specific Gravity of Gas at 60° F 1.53 Specific Gravity of Liquid at 60' F 0.511 Boiling Point degrees F -44 BTU per Gallon- 91,500 BTU per Pound- 21,600 BTU per Cu. Ft. 2,530 Pounds per gallon 4.24 Cu. Ft. of Gas per gallon of liquid 36.2 Cu. Ft. of Gas per pound 8.5 Vapor Pressure, PSI at 70' F 122 Flammability Range in Air 2.4 to 9.5% DEF-Diesel Exhaust Fluid Bio-Diesel Fuel 1. This is a pre -blended fuel mixture consisting of twenty percent (20%) B 100 virgin Soybean, Linseed, Palm Oil or other such bio component approved by vehicle manufacturers and eighty percent (80%) Ultra -Low Sulfur Diesel (petroleum based). 2. The approved oil component is to be chemically esterified in accordance with recommended ASTM standards so as to meet the optimum requirements of the Bio-Diesel blend. 3. Fuels that meet or exceed ASTM D6751 may be used for blending with distillate fuel. The finished Bio-Diesel fuel shall meet or exceed the requirements in the following table: TABLE OF TEST RESULTS PRODUCT PROPERTY ASTM TEST METHOD MINIMUM MAXIMUM FLASH POINT °C D93 130 VISCOSITY @ 40° C D445 4.0 6.0 TOTAL SULPHUR wt. % D2622 .0015 CETANE NUMBER D613 45 Page 4 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS WATER/SEDIMENT g/m3 D 1796 500 DELIVERY The Vendor shall make deliveries within forty-eight (48) hours after placement of the order by the County/POOL Entity unless noted otherwise for a particular location in Attachment 2. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the Vendor(s); except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the Vendor. In these cases, the Vendor shall notify the County/POOL Entity of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County/POOL Entity. Should the Vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated above, the County reserves the right to cancel the contract on a default basis after any back order period that has been specified in this contract has lapsed. If the contract is so terminated, it is hereby understood and agreed that the County has the authority to purchase the goods elsewhere and to charge the incumbent Vendor with any re -procurement costs. If the Vendor fails to honor these re -procurement costs, the County may terminate the contract for default. Certain County employees may be authorized in writing to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The Vendor shall maintain a copy of the authorization. If the Vendor is in doubt about any aspect of material pick-up, Vendor shall contact the appropriate user department to confirm the authorization. The County and participating Entities reserve the right to split a transport load between no more than two (2) locations without additional cost. DELIVERY DURING EMERGENCY/HURRICANE/DISASTERS OR SIMILAR EVENTS It is hereby made part of this Invitation to Bid that before, during, and after a public emergency, disaster or event, hurricane, flood or other acts of God, that Lake County and all other POOL Entities covered under this contract, shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the County/Entity. Vendor/contractor agrees to sell all goods and services to Lake County and/or the POOL Entities, as opposed to private citizen, on a first priority basis. The County/Entity expects to pay contractual prices for the goods and services required during an emergency situation. The Vendor/contractor shall furnish a twenty-four (24) hour phone number in the event of such as emergency in the pricing section of this ITB. NOTE 1: Bidders shall submit a clear and concise capability plan and process to provide fuel in accordance with this contract in emergency situations. The perceived adequacy of this plan will be considered as a matter of bidder responsibility during the award evaluation process. See Section 1.36 of this solicitation for further detail in this regard. Page 5 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS N U t h 2: If there are fuel restrictions, shortages and/or allocations placed on suppliers of fuel products by either terminal, suppliers and/or the government (local and/or federal) for any reason, then Vendors are to deliver fuel to the County and other Entities at the same percentage as allocated. LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE VENDOR Unless otherwise stated in this solicitation the Vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. LOCAL OFFICE SHALL BE AVAILABLE The Vendor shall maintain an office within Central Florida, defined as within the geographic boundaries of Lake, Osceola, Orange, Seminole, Volusia, Marion, Polk, or Sumter counties. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. OMISSION FROM THE SPECIFICATIONS The apparent silence of this specification and any addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County/POOL Entities have an interest shall be protected against damage or interrupted services at all times by the Vendor during the term of this contract; and the Vendor shall be held responsible for repairing or replacing property (to the satisfaction of the County/POOL Entity) which is damaged by reason of the Vendor's operation on the property. In the event the Vendor fails to comply with these requirements, the County/POOL Entity reserves the right to secure the required services and charge the costs of such services back to the Vendor. The Vendor(s) shall be responsible for the removal of all surplus material and debris occurring from deliveries against any resultant contract(s). The Vendor(s) shall take precautions against damage to public and private property during the course of the contract. Should damage occur, by omission or commission, the Vendor shall, at its own expense, restore damaged property to a condition similar or equal to that existing before damage was done. Page 6 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS a. The Vendor shall be solely responsible for all spillage, which may occur during transit, loading or unloading operations. This shall include any and all costs for cleanup, investigations and/or site remediation required by environmental regulations. b. The Vendor shall immediately report any spillage to the ordering agency/department. C. Clean up shall be performed in accordance with the United States Environmental Protection Agency and the State of Florida Department of Environmental Protection guidelines and requirements. Failure to do so will initiate corrective action and charge back to the Vendor of any costs incurred. d. The County and participating agencies reserves the right to deny delivery vehicles leaking fuel or other hazardous materials access to government property. The Vendor will be notified of denied access and shall make delivery within one working day of notification time with a Florida Department of Transportation approved vehicle. e. The Vendor shall submit with its bid a copy of its Fuel Prevention Plan and Procedures in the event of an accidental spill. STOCK LEVELS SHALL BE MAINTAINED BY VENDOR The Vendor(s) shall ensure that adequate stock levels are maintained at its place of business in order to assure the County/POOL Entity of prompt delivery. If the delivery terms specified in the solicitation are not fulfilled by the Vendor, the County/POOL Entity reserves the right to cancel the order, purchase the goods elsewhere, and charge the Vendor for any re -procurement costs incurred by the County/POOL Entity. If the Vendor fails to honor these re -procurement costs, the County may terminate the contract for default. SUBSTITUTION OF ITEMS DURING TERM OF CONTRACT Substitute brands may be considered during the contract period for discontinued brands. The Vendor shall not deliver any substitute item as a replacement to an awarded brand without express written consent of the Lake County Office of Procurement Services prior to such delivery. Substitute items must be of equal or better quality than the awarded item. Substitutes shall be considered only when necessary. Excessive substitution requests may be cause to cancel the contract. SUPPLIERS OF MATERIALS/PRODUCTS SHALL BE IDENTIFIED If the Vendor shall be utilizing a third party distributor or manufacturer as the source of supply for Page 7 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS obtaining and delivering products and/or materials required in conjunction with this solicitation, the Vendor shall be required to supply a copy of its contractual agreement with the supplier in its initial bid. The information contained in this contractual agreement shall include, but not be limited to: shipping and delivery terms, packaging requirements, and product specification sheets that attest to the quality of the product. If the Vendor fails to submit this information with its initial offer, the Vendor may be allowed to submit this documentation to the County during the offer evaluation period if such action is in the best interest of the County. TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) and the Florida "Right -to -Know" Law requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. Accordingly, the Vendor(s) performing under this contract shall be required to provide two (2) complete sets of Material Safety Data Sheets to each User Department utilizing the awarded products. This information should be provided at the time when the initial delivery is made, on a department by department basis. Additionally, Vendor(s) may be requested to provide Material Safety Data Sheets to the County during the evaluation period. ADDITIONAL DEFINITIONS PERTAINING TO FUEL PURCHASES "Rack/Pipeline Averages" shall mean the fuel pricing provided by OPIS, Oil Price Information Service, which is the world's most widely accepted fuel price benchmark for supply contracts and competitive positioning. This Contract shall use the daily rack/pipeline averages as established by the OPIS. "Fuel" shall mean any Fuel product obtained through this Contract. Fuel product shall include all grades of unleaded gasoline, diesel fuel, kerosene, liquid propane gas and Biodiesel to be delivered. "Markup" shall mean the Vendor's price to cover all costs associated with providing fuel. Markup will mean both positive and negative numbers. Markups may differ based on where the fuel is obtained according to the fuel terminals and actual type of fuel ordered. Markup for fuel shall be on a price per gallon basis. The Vendor shall assess no other fees associated with the delivery of Fuel except as more particularly detailed in the pricing section. "Tank Wagon Delivery" shall mean a delivery by a tank wagon truck with a delivery of approximately 500 gallons or less (no minimum charges to be added if ordering less than 500 gallons) up to 4,440 gallons. Page 8 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS "Transport Delivery" shall mean a delivery by a transport truck with a minimum delivery of 4,441 gallons up to 8,000 gallons. ADMINISTRATIVE REPORTS Consistent with the administrative needs of the County, certain relevant data regarding purchases of goods and/or services under County contracts is to be gathered and maintained. Accordingly, each Vendor under this contract shall provide quarterly reports to the County as to the nature of the goods and/or services purchased from them by the County and all Entities participating in the contract during the preceding three months. The report(s) shall include the quantity, description and unit price(s) of the goods and/or services. The report(s) is to be submitted in writing to: Lake County BCC Fleet Management Division Attention: Joseph Blackwell PO Box 7800 Tavares, FL 32778-7800 The r orts shall be submitted no later than fifteen 15 calendar days after the expiration of the third 3rd month of each contract period. Failure to submit such report(s)-in a timely manner may be considered a breach of performance and subject to formal proceedings in that regard. BACKGROUND SCREENING (*APPLICABLE TO SCHOOL BOARD DELIVERIES ONLY) The Vendor represents and warrants to the SCHOOL BOARD that the Vendor has read and is familiar with Florida Statute Sections 1012.32, 1012.465, 1012.467, and 1012.468 regarding background investigations. Vendor covenants to comply with all requirements of the above -cited statutes and shall provide SCHOOL BOARD with proof of compliance upon request. Vendor agrees to indemnify and hold harmless the SCHOOL BOARD, its officers, agents and employees from any liability in the form of physical injury, death, or property damage resulting from the Vendor's failure to comply with the requirements of this paragraph or Florida Statute Sections 1012.32, 1012.465, 1012.467 and 1012.468. BIDDING GROUPS To be considered for an award of any individual group, the bidder must bid on all entities locations and fuel tMes for that group. BIDDER QUALIFICATIONS Bidders shall, upon request, furnish satisfactory evidence of their ability to furnish products and/or services in accordance with the terms and conditions of this specification. The County reserves the right to make the final determination as to the bidder's ability/qualification. Page 9of13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS A bid received from a company with documented unsatisfactory performance or unresolved problems in the County may not be considered for award. CERTIFICATES OF CALIBRATION All Vendors' equipment is to be within the State of Florida calibration guidelines. The entities may also require a copy of a State certificate of calibration. Each entity also reserves the right to randomly check the Vendor's calibration during the contract period. Please submit a copy of your State of Florida Calibration Certificate with your bid submittal. COUNTY AND ENTITIES TANKS All Entities' tanks shall be properly equipped to enable Vendor to safely deliver fuel. The Vendor shall notify Entities of all situations that may be deemed unsafe before contract begins (See Section 1.4). A Vendor may refuse to deliver fuel to an unsafe fuel site if an Entity does not correct pre - contract unsafe conditions and/or post -contract safety issues until the safety issue is resolved. A back -haul charge may apply if a Vendor attempts to deliver fuel and the fuel site is deemed unsafe after pre award notification. The Entities shall be responsible for having proper equipment installed. All Entities shall work with the Vendor making a delivery to assure that the Vendor has proper accessibility to all tanks being fueled. If deemed necessary, the vendor may be requested to provide new tanks (maximum size would be five hundred (500) gallon capacity) for on -site installation. The Entity requesting the new tank would be responsible for obtaining installation services. Vendors may submit pricing for tanks in Section 4, Pricing Section, Item 15. There is no guaranteed minimum or maximum quantity for this item. Request for new tank(s) would be strictly on an if -needed basis. EXCEPTIONS/ADDITIONS It shall be unacceptable for any bidder to make the statement "see specifications" in lieu of listing all exceptions/additions from the preceding specifications. It shall also be unacceptable for any bidder to submit manufacturer's literature in lieu of specifically noting all exceptions/additions from the preceding specifications. All exceptions/additions to our specifications shall be either handwritten or typed on an attached separate sheet and submitted with the initial bid response. FEDERAL TAXES It is the Counties and Cities preference to purchase all fuel against any contract derived from this bid request free of the Federal excise tax of 18.4 cents per gallon for gasoline and 24.4 cents per gallon for diesel and any adjustments of those taxes by the federal government. Any questions regarding applicable Fuel taxes may be directed to the Department of Revenue at (850) 922-0712. FUEL VAPOR CONTROL Delivery trucks shall at all times comply with the current State of Florida and Federal regulations pertaining to fuel vapor control. Page 10 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS KEEP FULL PROGRAMS Agencies/departments may require a "Keep Full Program" due to locations or sensitivity. Awarded Vendors shall work with these agencies/departments immediately after contract award to set up working schedules for all parties. METHOD OF MEASUREMENT Fuel quantity shall be measured with a metered delivery truck certified/approved by the Florida Department of Agriculture. Transport vehicles shall reset meters to "0" before pumping at any County or P.O.O.L entity fuel site. PRODUCT QUALITIES Fuels supplied under this contract shall be free from contamination. Contamination is defined as any element that enters pure refined gasoline or diesel fuel either naturally or by purposeful action, which is not a product of refined crude oil with the exception of ethanol, winter additives, detergents, and identifying dyes. The County and/or participating entities reserves the right to test fuel(s) quality before, during, and after unloading. The Vendor shall pay for all cost associated with the testing. Should test results show the fuel(s) contains contamination; the fuel(s) will be rejected. The Vendor shall be responsible for the removal of the fuel(s) from the property of the ordering agency/department within twenty-four (24) hours after requested to do so should test results show the fuel(s) contain contaminates at its own expense. The Vendor shall also be responsible with any cleanup to properly restore property, storage facilities, and equipment as a result of noncompliance with specifications at its own expense. Furthermore, the Vendor shall be fully responsible for any and all costs incurred for any equipment sustaining damage, which is attributed to a contaminated fuel(s), which the Vendor has delivered. The Vendor shall promptly pay for any such damages. If aftermarket additives are used in fuels supplied by the Vendor, they shall comply with the Environmental Protection Agency's (EPA) regulations and shall be compatible with the product. Additives which increase emissions of sulfur and other substances proven to damage the environment which are disallowed by EPA regulations will not be accepted. TRANSPORTATION OF FUEL Vendors must abide by the Florida Department of Transportation rules and regulations and all Federal regulations. VOLUME MEASURE For all transactions under this contract, a gallon is defined as a volume of 231 cubic inches at a standard temperature of sixty (60) degrees Fahrenheit. PRICE REDETERMINATIONS The Contractor may, but is not obligated to, petition for one or more price redeterminations where Page 11 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS such price redeterminations are necessitated by documented increases in the cost of wages, fuel, or materials. Petitions for price redeterminations shall be made within thirty (30) calendar days of the anniversary date of the Contract and only after the Contract has been in effect for at least one (1) year. Unless otherwise expressly set forth in the Agreement, no other price redeterminations shall be allowed. All price redeterminations, once issued, shall be prospective from the date of approval unless otherwise approved by a duly executed amendment to the Agreement. A. Basis for Price Redeterminations. The Contractor may petition for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the ITB opens. The base index number for the PPI will be for the month the ITB opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request. B. Wane Price Redetermination. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Employment Cost Index, Total Compensation, Private Industry, Index Number and Occupational Group at as prepared by the Bureau of Labor Statistics in the U.S. Department of Labor located on the Statistics Site. The base figure will be tied to Trade, transportation, and utilities under the heading Service Providing Industries. Wage price redetermination increases shall be granted only by reason of wage increases associated with the Contractor's employees or subcontractors performing work or services pursuant to the Agreement. C. Minimum Wage Price Redetermination. If the minimum wage increases during the term of the Agreement, including any renewal or extension period thereunder, the Contractor may petition for price redetermination for those job categories where the pay to the Contractor's employees is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employees by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Procurement Services Director and Internal Auditor. D. Fuel Price Redetermination. If/when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if/when the price of fuel decreases by a minimum of ten (10%) percent. Failure to make such petition may be grounds for Agreement termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increases. Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodities "Unleaded Gasoline - WPU057104" or "#2 diesel fuel - WPU057303," as such may be applicable to the Page 12 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT A — SCOPE OF WORK/SERVICES 20-0701 FUEL PRODUCTS Contractor's operations in connection with the Contractor's performance of the Agreement. E. Materials Price Redetermination. At the anniversary date of the Agreement, the Contractor may petition the Director of Purchasing and Contracts for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Agreement decreases. Failure to make such petition may be grounds for Agreement termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increases. Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Aluminum sheet and strip — PCU331315331315A", as published by the Bureau of Labor Statistics. All Price Redeterminations shall be calculated as demonstrated in this example: Contractor indicated on the Submittal Form that thirty percent (30%) of the cost to provide the product/service is directly attributed to the redetermination category (wage, fuel, or material). Current applicable PPI $200.50 Base index PPI - 179.20 PPI increase dollars $21.30 PPI increase percentage 11.9% ($21.30 - $179.20 = .1189) Unit cost of the service is: $100.00 30% of $100.00 is directly $30.00 attributed to the redetermination category $30.00 x 11.9% _ $3.57 New unit price is $103.57 ($100 + $3.57) F. Expiration !!Ron Failure to Agee to Price Redetermination. If the County and the Contractor cannot agree to a price redetermination, then the Agreement will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price redetermination. Requests for price redeterminations not made in accordance with the provisions of this Section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Agreement. If the Agreement expires pursuant to the terms and conditions of this Section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible Contractor. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 13 of 13 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT B — INSURANCE REQUIREMENTS 20-0701 Vendor shall provide proof of insurance capabilities, including but not limited to, the requirements of this Solicitation. Coverage does not have to be in effect prior to a Purchase Order or Contract being executed by the County. Awarded Vendor (Contractor) shall provide an original certificate of insurance reflecting coverage in accordance with the requirements of this Exhibit B within five (5) working days of such request. It must be received and accepted by the County prior to contract execution and before any work begins. Contractor shall provide and maintain insurance policies with a company(ies) authorized to do business in the State of Florida, and which are acceptable to the County, insuring the Contractor against any and all claims, demands, or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services, or obligations of the Contractor under the terms and provisions of the Contract without cost or expense to the County during the entire term of any Contract. Contractor is responsible for timely provision of certificates of insurance to the County at the Certificate Holder address evidencing conformance with the Contract requirements at all times throughout the term of the Contract. Such policies of insurance, and confirming certificates of insurance, must ensure the Contractor is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate $1,000,000/2,000,000 Products -Completed Operations $2,000,000 Personal & Adv. Injury $1,000,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance, including all owned, non -owned, scheduled, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers' compensation insurance, the Contractor must provide a notarized statement to not hold the County responsible for any payment or compensation. Employers Liability insurance with the following minimum limits and coverage: Each Accident $1,000,000 Disease -Each Employee $1,000,000 Disease -Policy Limit $1,000,000 Professional liability and specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. "For this solicitation, Pollution Liability insurance is required with a minimum limit of $1,000,000 and annual Page 1 of 3 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT B — INSURANCE REQUIREMENTS 20-0701 aggregate of $2,000,000. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, must be named as additional insured as the County's interest may appear on all applicable liability insurance policies. The certificates of insurance must provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the County. Contractor must provide a copy of all policy endorsements reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation. Contracts cannot be completed without this required insurance documentation. (Note: A simple COI WILL NOT be accepted in lieu of the policy endorsements). Certificates of insurance must identify the applicable solicitation number in the Description of Operations section of the Certificate. Certificate Holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX-7800 TAVARES, FL 32778-7800 Certificates of insurance must evidence a waiver of subrogation in favor of the County, that coverage will be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County. Contractor will be responsible for subcontractors and subcontractors' insurance. Subcontractors must provide certificates of insurance to the Contractor evidencing coverage and terms in accordance with the Contractor's requirements. All self -insured retentions must appear on the certificates and will be subject to approval by the County. At the option of the County, the insurer must reduce or eliminate such self -insured retentions, or the Contractor or subcontractor must procure a bond guaranteeing payment of losses and related claims expenses. The County will be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self -insured retention in any insurance policy. The payment of such deductible or self -insured retention will be the sole responsibility of the Contractor or subcontractor providing such insurance. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the Contract for default. Neither approval by the County of any insurance supplied by the Contractor or subcontractors, nor a failure to disapprove that insurance, will relieve the Contractor or subcontractors of full responsibility for liability, damages, and accidents as set forth in this solicitation or any contract arising from this solicitation. Page 2 of 3 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT B — INSURANCE REQUIREMENTS [THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] 20-0701 Page 3 of 3 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS 20-0701 LOCATION TANK SIZE / TYPE FUEL TANK SIZE / TYPE FUEL GASOLINE DIESEL ASTATULA TOWN OF Behind Community Building 500 500 25025 Kirkwood Avenue 87 Octane Ultra Low Sulfur Contact: Kitty Cooper Telephone: 352.742.1100 Operating Hours 7:00 am to 4:00 pm EUSTIS CITY OF Ardice Water Treatment Plant 2,000 400 Ardice Street Ultra Low Sulfur Contact: Katie Wilkins Telephone: 352.357.5618 Operating Hours 7:30 am to 4:30 pm Wastewater 2,000 (Generator) 801 Bates Avenue Ultra Low Sulfur Contact: Rick Houben 500 (Equipment) Telephone: 352.357.3777 High Sulfur -Off Road Operating Hours 7:30 am to 4:30 pm Wastewater, Sorrento 1,000 (Generator) 33840 Cardinal Lane Ultra Low Sulfur Contact: Rick Houben Telephone: 352.357.3777 Operating Hours 7:30 am to 4:30 pm CR 44 Water Treatment Plant 2,000 3351 County Road 44A Ultra Low Sulfur Contact: Katie Wilkins Telephone: 3 52.3 57.5618 Operating Hours 7:30 am to 4:30 pm Haselton Water Treatment Plant 1,000 700 Haselton Street Ultra Low Sulfur Contact: Katie Wilkins Telephone: 352.357.5618 Operating Hours 7:30 am to 4:30 pm Eastern Water Treatment Plant, Sorrento 1,500 33840 Cardinal Lane Ultra Low Sulfur Page 1 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS 20-0701 Contact: Katie Wilkins Telephone: 352.357.5618 Operating Hours 7:30 am to 4:30 pm Heathrow Water Treatment Plant, Sorrento 1,000 25404 Camino Court Ultra Low Sulfur Contact: Katie Wilkins Telephone: 3 52.3 5 7.5 618 Grand Island Water Treatment Plant, Grand Island 1,000 3525 Grand Island Shore Road Ultra Low Sulfur Contact: Katie Wilkins Telephone: 352.357.5618 Operating Hours 7:30 am to 4:30 pm Bates Water Treatment Plant 500 901 Bates Avenue Ultra Low Sulfur Contact: Katie Wilkins Telephone: 352.357.5618 Operating Hours 7:30 am to 4:30 pm Public Works 500 400 Morin Street Ultra Low Sulfur Contact: Robin Ward Telephone: 352.357.2414 Operating Hours 6:30 am to 3:30 pm LADY LAKE, TOWN OF Town Hall 6,000 2,200 409 Fennell 89 Octane High Sulfur -Off Road Contact: Ted Williams "NO ETHANOL" Telephone: 352.636.2229 Operating Hours 7:00 am to 3:00 pm Public Works 500 Maintenance Shop High Sulfur -Off Road 136 Skyline Drive 2,000 Contact: Ted Williams Low Sulfur Telephone: 3 52.63 6.2229 Operating Hours 7:00 am to 3:00 pm Well # 1 500 126 Clay Avenue High Sulfur -Off Road Page 2 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A- 418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS 20-0701 Contact: Ted Williams Telephone: 352.636.2229 Operating Hours 7:00 am to 3:00 pm Well # 2 250 142 Shenandoah Avenue High Sulfur -Off Road Contact: Ted Williams Telephone: 3 52.63 6.2229 Operating Hours 7:00 am to 3:00 pm Well # 3 2,000 150 Skyline Drive High Sulfur -Off Road Contact: Ted Williams Telephone: 3 52.63 6.2229 Operating Hours 7:00 am to 3:00 pm Lift Station # 1 1,100 327 Oak St High Sulfur -Off Road Contact: Ted Williams Telephone: 3 52.751.1526 Operating Hours 7:00 am to 3:00 pm Lift Station # 4 700 704 US Hwy 441 High Sulfur -Off Road Contact: Ted Williams Telephone: 352.636.2229 Operating Hours 7:00 am to 3:00 pm Waste Water Treatment Plant 900 Skyline Drive High Sulfur -Off Road Contact: Ted Williams Telephone: 3 52.63 6.2229 Operating Hours 7:00 am to 3:00 pm LEESBURG, CITY OF Police Complex 12,000 12,000 115 East Magnolia Street 87 Octane Ultra Low Sulfur Contact: Susan Hatcher Telephone: 352.728.9877 Hours of Operation: 7:00 am to 5:00 pm Municipal Operations Center 5000 7,000 2010 West Griffin Road 87 Octane Ultra Low Sulfur Contact: Susan Hatcher 10,000 10,000 Page 3 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS 20-0701 Telephone: 352.728.9877 87 Octane Ultra Low Sulfur Hours of Operation: 7:00 am to 5:00 pm Fire Station #3 1,000 9400 Veterans Road Ultra Low Sulfur Contact: Susan Hatcher Telephone: 352.728.9877 Hours of Operation: 7:00 am to 5:00 pm Venetian Cove Marina (Retail Sale) 4,000 400 250 Ballpark Road 89 Octane High Sulfur -Off Road Contact: Maureen Goodman "NO ETHANOL" Telephone: 3 52.728.0901 Hours of Operation: 8:00 am to 4:00 pm MOUNT DORA, CITY OF 1250 North Highland Road 4,000 6,000 Contact: John Bruce 87 Octane Ultra Low Sulfur Telephone: 352.735.7176 Operating Hours 7:30 am to 4:30 pm LAKE COUNTY BOARD OF COUNTY COMMISIONERS County Fuel Annex, Tavares 20,000 33,165 13130 County Landfill Road 87 Octane Ultra Low Sulfur Contact: Teresa Harrison Telephone: 352.742.3980 Operating Hours 7:00 am to 5:30 pm PW Area Maintenance Area I, Leesburg 2 Tanks-500 each 2000 2310 West Griffin Road 87 Octane Ultra Low Sulfur Contact: Teresa Harrison 500 Telephone: 352.742.3980 High Sulfur —Off Road Operating Hours 7:00 am to 5:30 pm Public Safety 500 Fire Station 10, Astor Road Approved 23023 SR 40 Diesel Contact: Capt. Steve Race (On site) Telephone: 3 52.343.945 8 Public Safety 500 Fire Station 15, Eustis / Pine Lakes Road Approved 40601 Palm Drive Diesel Page 4 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS Contact: Capt. Steve Race Telephone: 3 52.343.945 8 Public Safety Fire Station 39, Sorrento 31431 Walton Heath Avenue Contact: Capt. Steve Race Telephone: 3 52.343.945 8 20-0701 Electronic fuel system 500 Ultra Low Sulfur Public Safety 500 500 Fire Station 71, Leesburg 87 Octane Ultra Low Sulfur 11305 Park Avenue Contact: Capt. Steve Race Telephone: 3 52.343.945 8 Public Safety 500 500 Fire Station 77, Astatula 87 Octane Ultra Low Sulfur 25028 Kirkwood Avenue Contact: Capt. Steve Race Telephone: 352.343.9458 Public Safety 500 500 Fire Station 109, Clermont 87 Octane Ultra Low Sulfur 11630 Lakeshore Drive Contact: Capt. Steve Race Telephone: 3 52.343.945 8 PW-Landfill, Tavares 500 13130 County Landfill Road Dyed Red Diesel* Contact: Teresa Harrison Est. 1-2 loads/week Telephone: 352.742.3980 Delivery next Operating Hours 7:30 am to 5:00 pm working day from call PW-Maintenance Area II, Minneola 5,000 2,000 609 Disston Avenue 87 Octane Ultra Low Sulfur Contact: Teresa Harrison 500 500 Telephone: 352.742.3980 87 Octane High Sulfur -Off Road Operating Hours 7:00 am to 5:30 pm PW-Maintenance Area III, Umatilla 2 Tanks-500 each 2,000 19720 East 5th Street 87 Octane Ultra Low Sulfur Contact: Teresa Harrison 500 Telephone: 352.742.3980 High Sulfur -Off Road Operating Hours 7:00 am to 5:30 pm Page 5 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS 20-0701 EU-Mosquito Management, Tavares 2,000 500 401 South Bloxham Avenue 87 Octane Ultra Low Sulfur Contact: Tony Ellis 2,000 Telephone: 352.343.9419 93 Octane Operating Hours 8:00 am to 4:00 pm LAKE COUNTY SCHOOL BOARD North Lake Lot, Eustis 500 10,000 310 W Taylor Avenue 87 Octane Ultra Low Sulfur Contact: Randy Belton Telephone: 352.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification Mount Dora Lot, Mount Dora 4,000 700 N Highland Avenue Ultra Low Sulfur Contact: Randy Belton Telephone: 352.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification Leesburg Lot, Leesburg 3,000 10,000 400 McCormack Street 87 Octane Ultra Low Sulfur Contact: Randy Belton Telephone: 352.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification Tavares Lot, Tavares 10,000 29529 SR 19 Ultra Low Sulfur Contact: Randy Belton Telephone: 3 52.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification Lake Ridge Bus Lot, Clermont 4,000 10,000 20265 US Hwy 27 North, Clermont 87 Octane Ultra Low Sulfur Contact: Randy Belton Telephone: 3 52.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification Groveland Bus Lot, Groveland 4,000 10,000 601 Gadson St., Groveland 87 Octane Ultra Low Sulfur Contact: Randy Belton Telephone: 3 52.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification Page 6 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS Warehouse/Grounds, Tavares 1,000 29529 CR 561 87 Octane Contact: Randy Belton Telephone: 352.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification EMERGENCY GENERATORS LAKE COUNTY BOARD OF COUNTY COMMISIONERS 20-0701 Generator sites orders will be placed on an as needed basis. Lake County will do its best to group together for delivery purposes or put on a "Keep Full Program" due to locations or sensitivity. EMERGENCY GENERATORS, DIESEL FUELED Government Buildings_ Contact: Tom Elmore Telephone: 352-343.9760 or 352.267.4196 Operating Hours 8:00 am to 5:00 pm Main Jail, 551 W Main St, Tavares 2,000 Prelude, 551 W Main St, Tavares 500 Sheriff's Adm. Bldg., 360 Ruby St, Tavares 1,000 BCC Adm. Bldg. and Historical CH, 315 W Main St, Tavares 1,000 Facilities, 34200 County Road 473, Leesburg 300 Justice Center, 550 W Main St, Tavares 200 Public Defender, 123 N Sinclair, Tavares 120 Public Works, 437 Ardice Avenue, Eustis 300 Environmental Services, Landfill Road, Tavares 50 Tax Collector, 320 W Main St, Tavares 200 Central Energy Plant, 435 W Alfred St, Tavares 8000 Fire Stations Contact: Capt. Steve Race Telephone: 3 52.343.945 8 Operating Hours 8:00 am to 5:00 pm Station-10 23023 SR40, Astor 390 Station-15 40601 Palm Drive, Eustis 300 Station-21 25100 CR44A, Eustis 300 Station-27 19212 SR44, Eustis 20 Station-39 31431 Walton Heath Ave, Sorrento 300 Station-52 306 W. Hermosa St, Lady Lake 359 Station-54 6200 Lake Griffin Rd, Lady Lake 300 Station-71 11305 Park Ave, Leesburg 50 Page 7 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS 20-0701 Station-72 12340 CR44, Leesburg 300 Station-76 8819 CR 48, Yalaha 300 Station-77 25028 Kirkwood Ave, Astatula 25 Station-78 16345 CR 448, Mount Dora 300 Station-109 11630 Lakeshore Dr, Clermont 300 Station- 110 6234 CR 561, Clermont 300 Station- 111 8805 Bay Lake Rd, Groveland 260 Station-112 16240 CR 474, Clermont 390 OFFICE OF PUBLIC SAFETY SUPPORT EMERGENCY GENERATORS, DIESM FUELED "Orders will be placed on an as needed basis." Contact: Pat Stephens Telephone: 3 52.3 26.053 5 Email: pstephensAlakecountyfl. ov Operating Hours 8:00 am to 5:00 pm Support Services, 2345 S 14'h St, Leesburg 1000 LAKE COUNTY BOARD OF COUNTY COMMISIONERS EMERGENCY GENERATORS, LP GAS FUELED LP Tank Size Radio Tower Sites Contact: Rob Richardson Telephone: 3 52.25 3.1818 Astatula Tower: 26312 CR 561, Astatula 500 Astor Tower: 23025 SR 40, Astor 500 Buckhill Tower: 21923 South Buckhill Rd, Clermont 500 Groveland Tower: 12331 Dry Fork Rd, Groveland 500 Lady Lake Tower: 1113 Teal Lane, Lady Lake 500 Minneola Tower: 18250 Scrub Jay Lane, Minneola 500 Orange Mtn Tower: 8325 North Bradshaw Rd, Clermont 500 Progress Energy Tower: 14237 SR 50, Clermont 500 Royal Trails Tower: 43320 Redlands Rd, Eustis 500 Sorrento Tower: 27020 CR 46A, Sorrento 500 Station 112 Tower: 16300 CR 474, Clermont 500 Station 13 Tower: 25316 CR 42, Paisley 500 Mt Dora WWTP Tower: 1870 SR 46, Mt Dora 500 Tavares Water Tower: 316 N. Ingraham Ave, Tavares 500 Umatilla SBA Tower: 19430 East Third St, Umatilla 500 Countywide Radio Shop: 15839 Old US Hwy 441, Tavares 500 Page 8 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD EXHIBIT D — DELIVERY SITE LOCATIONS LAKE COUNTY SCHOOL BOARD EMERGENCY GENERATORSS D F.cFI FUELED Generator site orders will be placed on an as needed basis. Contact: Randy Belton Telephone: 352.516.4745 Operating Hours 6:00 am to 4:00 pm with one -hour notification Low Sulfur Astatula Elementary, 13925 Florida Ave 300 Astatula Sewage Treatment Plant, 13925 Florida Ave 200 Leesburg Elementary, 2229 South Street 300 Lost Lake Elementary, 1901 Johns Lake Rd, Clermont 300 Pine Ridge Elementary, 10245 CR 561, Clermont 300 Round Lake Elementary, 31333 Round Lake Rd, Mt Dora 300 Umatilla Elementary, 401 Lake St 300 Villages Elementary, 695 Rolling Acres Rd, Lady Lake 300 Windy Hills Middle, 3575 Hancock Rd, Clermont 300 [THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] 20-0701 Page 9 of 9 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD ATTACHMENT 1 — BID SUBMITTAL FORM 20-0701 The undersigned hereby declares that: Port Consolidated Inc has examined and accepts the specifications, terms, and conditions presented in this solicitation. satisfies all legal requirements to do business with the County, and to furnish FUEL PPRODUCTS for which Bid Submittals were advertised to be received no later than 3:00 P.M. Eastern time on Error! Reference source not found. and further declares the firm will furnish FUEL PRODUCTS according to specifications, terms, and conditions. Furthermore, the undersigned is duly authorized to execute this Bid document and any contracts or other transactions required by award of this solicitation. The County reserves the right to negotiate with the awarded Vendors for additional services similar in nature not known at time of Bid closing. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Pricing submitted will remain valid for a ninety (90) day period. Vendor will accept payment through the County VISA- based payment system: NO PROMPT PAYMENT DISCOUNT: 0. if paid within: 0from invoicing. Note payment is Net 45 days otherwise. CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS: I certify that I have reviewed the Lake County General Terms and Conditions paec and accept the Lake County General Terms and Conditions dated 2/26/2019 as written. YES Failure to acknowledge may result in Proposal being deemed non -responsive. CERTIFICATION REGARDING FELONY CONVICTION: Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? NO CONFLICT OF INTEREST DISCLOSURE CERTIFICATION: Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. None CERTIFICATION REGARDING BACKGROUND CHECKS: Under any County Contract that involves Contractor or subcontractor personnel working in proximity to minors, the Vendor hereby confirms that any personnel so employed will have successfully completed an initial, and subsequent annual, Certified Background Check, completed by the Contractor at no additional cost to the County. The County retains the right to request and review any associated records with or without cause, and to require replacement of any Contractor employee found in violation of this requirement. Contractor shall indemnify the County in full for any adverse act of any such personnel in this regard. Additional requirements may apply in this regard as included within any specific contract award. YES RECIPROCAL VENDOR PREFERENCE: Vendors are advised the County has established, under Lake County Code, Chapter 2, Article VII, Sections 2-221 and 2-222; a process under which a local vendor preference program applied by DocuSign Envelope ID: 9FF97CFC-FA7A- 418-8197-97D6572A20FD ATTACHMENT 1 — BID SUBMITTAL FORM 20-0701 another county may be applied in a reciprocal manner within Lake County. The following information is needed to support application of the Code: 1. Primary business location of the responding Vendor: Fort Lauderdale FL 2. Does the responding vendor maintain a significant physical location in Lake County at which employees are located and business is regularly transacted: YES If "yes" is checked, provide supporting detail: Location in Groveland, FL GENERAL VENDOR INFORMATION: Finn Name: Port Consolidated Inc Street Address: 1150 W Broad Street, FL 34736 City: Groveland State and ZIP Code: FL 34736 Mailing Address (if different): PO Box 350430, Fort Lauderdale FL 33335 Telephone: 407-412-7253 Fax: 407-412-7255 Federal Identification Number / TIN: 59-1173292 DUNS Number: 04-677-7751 BID SIGNATURE: I hereby_,certify.._the information indicated for this bid is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. I, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitation as well as any attachments, exhibits, or addendums. Name of Legal Representative Submitting this Bid: *zUol 6;y s'a Date: 11/27/2019 Print Name: Michael Griffith Title: Vice President Primary E-mail Address: mgriffith@porteonsolidated.com Secondary E-mail Address: The individual "signing" this quote affirms that the facts stated herein are true and that the response to this solicitation has been submitted on behalf of the aforementioned Vendor. (County Use Only) AWARD OF CONTRACT BY THE COUNTY (County U.ve Only): When counter -signed by an authorized County representative, this document and any specifically identified attachments may form the contract document binding the parties to all performance specified in this solicitation. A Contract may be contingent upon a determination by the County that the firm has the capacity and capability to successfully perform the Contract. By signature below, the County confirms award to the above Vendor under solicitation, 20-0701, FUEL PRODUCTS. A separate purchase order may be generated by the County to support the Contract. Vendor awarded as: Sole Source Signature of Authorized County Official: DocuSign Envelope ID: 9FF97CFC-FA7A- 418-8197-97D6572A20FD COMPANY INFORMATION COMPANY NAME: Port Consolidated, Inc. (A Florida Corporation) BILLING ADDRESS: P.O. Box 350430 Fort Lauderdale, FL 33335-0430 STREET ADDRESS: 3141 SE 14 Avenue Fort Lauderdale, FL 33316 TELEPHONE: (954) 522-1182 FAX: (954) 527-1191 ESTABLISHED: September 28, 1967 FEDERAL ID# 59-1173292 FLORIDA RESALE# 80-8015844164-7 D & B# 04-677-7751 PRESIDENT: Donald Carlton, Jr. TYPE OF BUSINESS: Distributor of Fuel and Lubricants BANK REFERENCE Wells Fargo Bank, N.A. Capital Finance Group 1100 Abernathy Road, NE, Suite 1600 Atlanta, GA 30328 Tel: (770) 508-1330 Fax: (866) 935-8838 Account # 4128725769 TRADE REFERENCES Edna James Transport, Inc P.O. Box 1293 Ft. Lauderdale, FL 33302 Tel: (954) 791.5496 Fax: (954) 792.2965 Bacon Environmental Services P.O. Box 3236 Tequesta, FL 33316 Tel: (561) 644-3326 Broward Gear & Drive, Inc. 211 S.W. 29t" Street Fort Lauderdale, FL 33315 Tel: (954) 524-0311 Fax: (954) 763-1208 Pro Industries 2605 State Road 60 West Mulberry, FL 33860 Tel: (863) 425-4991 Fax: (863) 425-1074 is authorized to make inquiries to the above references for the purpose of granting credit privileges to Port Consolidated, Inc. By: _ Date: DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD Lake County FL Bid: 20-0701 Gasoline, Diesel, Fuel, Kerosene, LP Gas and Bio Diesel DELIVERY DURING EMERGENCY/HURRICANE/DISASTERS OR SIMILAR EVENTS NOTE 1: Bidders shall submit a clear and concise capability plan and process to provide fuel in accordance with this contract in emergency situations. The perceived adequacy of this plan will be considered as a matter of bidder responsibility during the award evaluation process. See Section 136 of this solicitation for further detail in this regard. NOTE 2: If there are fuel restrictions. shortages and/or allocations placed on suppliers of fuel products by either terminal, suppliers and/or the government (local and/or federal) for any reason. then Vendors are to deliver fuel to the County and other Entities at the same percentage as allocated. _ Port Consolidated Inc DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-9706572A20FD Port Consolidated Inc Emergency Conditions Policy Port Consolidated is very well prepared to service our customers in the event of any emergency condition. We currently are the emergency supplier for HCA Hospital Group, Florida Power and Light, Pasco County, Lake County, Lee County, TECO, and Publix just to name a few. Below are some of our capabilities: - We have 11 offices throughout the state of Florida where we store and delivery bulk fuels - We have secure supply contracts with the major fuel suppliers in the Port of Tampa, Port Everglades, and Jacksonville. - We have fuel agreements with almost every supplier in Florida in every terminal in Florida We have our own storage of over 3,000,000 gallons which we keep everything full during hurricane season. - All of our trucks and drivers a company employees so we never have to depend on common carriers. All of our facilities have generators on site and each manager has access to satellite phones during and emergency. In general no other wholesale fuel supplier in Florida matches up with our storage and delivery capabilities. on O O O N 00 F. a W W w N u N C> 0 0 r— Q• [— O ON 00 0^' O N 0 0 0 b9 69 b9 GOS Go!) bos 6s GS .ai v CL in O a L C� 0 0O N u v z'4 L7 zj i Z o 0 0 0 O o x `� a z ¢ a y Q, ° o ono a '- chi �a ."° ti. �OO 0y Ochi ^ 'd'UO 'd •y :. �g wo° 0o � N 0 O 0 O 0 ►�- O C C G� O cd M m o � C cc ^a �" U x � w Cos U 'C f". N 000,n000� 00 d' O O N O O 0 0 0 0 0 6Ft 69 b4 69 ff} 0 �o 00 O� N N 6N9 N 69 "Cl y W d a 0 d c w C _0) U) 7 O ❑ cV 69 -. N O Oi N O O N 00 oo O O O O N N 6 C5 N s9 6E3 b4 64 69 O .r C v 6g �" N U a N 0 N 'C •� C Z 2 O o- 0 o 0 0 0 s, Cd y U O �+ tj• C N M (� N N ccl aon n W IZ 0 U a 69 R Cn w O H A. 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"a V DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD uttLHNLV, V L **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CLEAR PRICES** Terms Unl Move Mid Move Pre 76-Mot b 125-3 -- -- -- -- -- -- -- -- 206.18 F1ntHlsRs u N-10 -- -- -- -- -- -- -- -- 201.40 Huguenot u N-10 -- -- -- -- -- -- -- -- 201.39 Marathon b 1-10 -- -- -- -- -- -- -- -- 204.75 Marathon u N-10 -- -- -- -- -- -- -- -- 201.70 Motiva a N-10 -- -- -- -- -- -- -- -- 206.12 Shell -Mot b 125-3 -- -- -- -- 206.18 + .81 -- -- Sunoco b 125-3 -- -- -- -- -- -- -- -- 205.95 LOW RACK -- -- 206.18 201.39 HIGH RACK -- -- 206.18 206.18 RACK AVG -- -- 206.18 203.93 FOB COLONIAL 166.370 -- -- -- -- FOB ORLANDO -- -- 176.52 190.52 BRD LOW RACK -- -- 206.18 204.75 BRD HIGH RACK -- -- 206.18 206.18 BRD RACK AVG -- -- 206.18 205.63 UBD LOW RACK -- -- -- -- 201.39 UBD HIGH RACK -- -- -- -- 206.12 UBD RACK AVG -- -- -- -- 202.65 CONT AVG-11/05 -- -- 206.18 203.93 CONT LOW-11/05 -- -- 206.18 201.39 CONT HIGH-11/05 -- -- 206.18 206.18 **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CBOB ETHANOL(10$) PRICES** _ Terms Unl Move Mid Move Pre Vitol u N-10 170.75 + .75 188.75 + .75 208.75 Valero u N-10 170.90 - .15 185.90 - .15 211.90 Marathon a N-10 171.05 + .80 185.05 + .80 213.05 F1ntHl5Rs u N-10 171.35 + .70 184.35 + .70 206.35 Huguenot u N-10 172.00 + .38 184.44 + .44 206.44 Motiva u N-10 172.12 + 1.10 190.12 + 1.10 220.12 Citgo u 1-10 175.36 + .64 193.55 + .65 224.86 Sunoco b 125-3 176.17 + .10 191.67 + .10 226.41 Citgo b 1-10 176.23 + .75 191.43 + .74 226.43 Mystik b 1-12 176.23 + .75 191.43 + .74 225.73 Valero b 1-10 176.35 + 1.00 193.45 + 1.00 226.95 XOM b 125-3 176.42 - .17 193.12 - .16 227.10 76-Mot b 125-3 176.68 + .66 193.89 + .65 226.05 Marathon b 1-10 176.77 + 1.11 193.26 + 1.11 226.26 Shell -Mot b 125-3 176.98 + .66 194.20 + .66 228.63 Chevron b lt45c 177.00 + 1.10 193.90 + 1.10 228.50 Texaco b 1t45c 177.00 + 1.10 193.90 + 1.10 228.50 BP b 125-3 177.04 + 1.00 198.34 + 1.00 228.54 LOW RACK 170.75 184.35 206.35 HIGH RACK 177.04 198.34 228.63 RACK AVG 174.80 191.15 221.70 FOB ORLANDO 165.13 -- -- 180.66 BRD LOW RACK 176.17 191.43 225.73 BRD HIGH RACK 177.04 198.34 228.63 BRD RACK AVG 176.62 193.51 227.19 UBD LOW RACK 170.75 184.35 206.35 UBD HIGH RACK 175.36 193.55 224.86 UBD RACK AVG 171.93 187.45 213.07 CONT AVG-11/05 174.80 191.15 221.70 CONT LOW-11/05 170.75 184.35 206.35 CONT HIGH-11/05 177.04 198.34 228.63 ORLANDO, FL LOW RETAIL 223.70 AVG RETAIL 240.18 LOW RETAIL EX -TAX 170.98 AVG RETAIL EX -TAX 186.57 2019-11-05 10:00:03 EST 9.0 RVP Move Move Date Time + .81 11/04 18:00 + .80 11/04 18:00 T .79 11/04 18:00 - .25 11/04 18:00 - .25 11/04 18:00 + 1.10 11/04 18:00 -- -- 11/04 18:00 + .63 11/04 18:00 9.0 RVP Move Mom Date Time + .75 11/04 18:00 - .15 11/04 18:00 + .80 11/04 18:00 + .70 11/04 18:00 + .44 11/04 18:00 + 1.10 11/04 18:00 + .65 11/04 18:00 + .29 11/04 18:00 + .74 11/04 18:00 + .75 11/04 18:00 + 1.00 11/04 18:00 - .17 11/04 19:00 + .66 11/04 18:00 + 1.11 11/04 18:00 + .66 11/04 18:00 + 1.10 11/04 18:00 + 1.10 11/04 18:00 + 1.00 11/04 18:00 DocuSign Envelope ID: 9FF97CFC-FA7A- 418-8197-97D6572A20FD VISLHLVUV, ❑L 2019-11-05 10:00:03 EST **OPIS CONTRACT BENCHMARK. FILE** **OPIS GROSS ULTRA LOW SULFUR DISTILLATE PRICES** Move Terms No.2 Move No.1 Move Pre Move Date Time Huguenot u N-10 191.27o - 4.94 -- -- -- -- -- -- -- -- 10/30 18:00 F1ntH1sRs u N-10 196.65 + 1.30 -- -- -- -- -- -- -- -- 11/04 18:00 Marathon u N-10 196.75 + 1.25 -- -- -- -- -- -- -- -- 11/04 18:00 Valero u N-10 196.90 + .95 -- -- -- -- -- -- -- -- 11/04 18:00 Motiva u N-10 197.00 + .85 -- -- -- -- -- -- -- -- 11/04 18:00 Northvlle u N-10 197.00 + 1.00 -- -- -- -- -- -- -- -- 11/04 18:00 Vitol u N-10 198.00 + .75 -- -- -- -- -- -- -- -- 11/04 18:00 Marathon b 1-10 199.60 + 1.27 -- -- -- -- -- -- -- -- 11/04 18:00 Citgo b 1-10 200.76 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Citgo u 1-10 200.76 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Mystik b 1-12 200.76 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Motiva b 125-3 201.04 + .61 -- -- -- -- -- -- -- -- 11/04 18:00 Valero b 1-10 201.05 + .40 -- -- -- -- -- -- -- -- 11/04 18:00 76-Mot b 125-3 201.55 + 1.01 -- -- -- -- -- -- -- -- 11/04 18:00 Sunoco b 125-3 201.65 + .79 -- -- -- -- -- -- -- -- 11/04 18:00 XOM b 125-3 201.69 + 1.10 -- -- -- -- -- -- -- -- 11/04 19:00 BP b 125-3 201.88 + 1.60 -- -- -- -- -- -- -- -- 11/04 18:00 Shell -Mot b 125-3 201.90 + .63 -- -- -- -- -- -- -- -- 11/04 18:00 Chevron b lt45c 203.00 + .50 -- -- -- __ __ __ -- -- 11/04 18:00 Texaco b lt45c 203.00 + .50 -- -- -- -- -- -- -- -- 11/04 18:00 LOW RACK 196.65 -- -- -- -- HIGH RACK 203.00 -- -- -- -- RACK AVG 200.05 -- -- -- -- FOB COLONIAL 164.900 -- -- -- -- FOB ORLANDO 188.50 -- -- -- -- BRD LOW RACK 199.60 -- -- -- -- BRD HIGH RACK 201.00 -- -- -- BRD RACK AVG 201.49 -- -- -- -- UBD LOW RACK 196.65 -- -- -- -- UBD HIGH RACK 200.76 -- -- -- -- UBD RACK AVG 197.58 -- -- -- -- CONT AVG-11/05 200.05 -- -- -- -- CONT LOW-11/05 196.65 -- -- -- -- CONT HIGH-11/05 203.00 -- -- -- -- o=cut of product **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE DISTILLATE PRICES** Move Terms No.2 Move No.l Move Pre Move Date Time Huguenot u N-10 191.77o - 4.94 -- -- -- -- -- -- -- -- 10/30 18:00 Marathon u N-10 197.25 + 1.25 -- -- -- -- -- -- -- -- 11/04 18:00 F1ntHlsRs u N-10 197.40 + 1.30 -- -- -- -- -- -- -- -- 11/04 18:00 Valero u N-10 197.40 + .95 -- -- -- -- -- -- -- -- 11/04 18:00 Motiva u N-10 197.50 + .85 -- -- -- -- -- -- -- -- 11/04 18:00 Northvlle u N-10 197.50 + 1.00 -- -- -- -- -- -- -- -- 11/04 18:00 Vitol u N-10 198.35 + .75 -- -- -- -- -- -- -- -- 11/04 18:00 Marathon b 1-10 200.10 + 1.26 -- -- -- -- -- -- -- -- 11/04 18:00 XOM b 125-3 200.91 + 1.05 -- -- -- -- -- -- -- -- 11/04 19:00 Citgo b 1-10 201.16 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Citgo u 1-10 201.16 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Mystik b 1-12 201.16 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Sunoco b 125-3 202.15 + .79 -- -- -- -- -- -- -- -- 11/04 18:00 BP b 125-3 202.38 + 1.60 -- -- -- -- -- -- -- -- 11/04 18:00 LOW RACK 197.25 -- -- -- -- HIGH RACK 202.38 -- -- -- -- RACK AVG 199.57 -- -- -- -- FOB ORLANDO 188.85 BRD LOW RACK 200.10 -- -- -- -- BRD HIGH RACK 202.38 -- -- -- -- BRD RACK AVG 201.31 -- -- -- -- UBD LOW RACK 197.25 -- -- -- -- UBD HIGH RACK 201.16 UBD RACK AVG 198.08 CONT AVG-11/05 199.57 -- -- -- -- CONT LOW-11/05 197.25 -- -- -- -- CONT HIGH-11/05 202.38 -- -- -- -- o=out of product Copyright, Oil Price Information Service DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD ATTACHMENT 3 - PRICING CONTINUED 20-0701 ALL PRICES ON THE BID SHEET SHALL BE FIGURED AS STATED IN THE DETAILED SPECIFICATIONS. COMPLETE THE FOLLOWING INFORMATION AS WELL: 1. SHIP TO ADDRESS: INVOICE TO: As required on each order by each entity As required on each order by each entity 2. Name and telephone of person to contact for emergency service: Name: K, 0'lnae 1 ;' AIA Telephone/Cell/Pager Numbers: 3. Disaster assistance: Name: M �dna e I t] f 1 T T 141 Home 1 ` Telephone/Cel]/Pager Number 4. Exceptions/Additions to specifications (If yes, provide specific detail with initial response): Yes No t� 5. Will your firm accept Visa Purchasing Cards. Wire Transfers or E-Payable form of payment? Yes 1r No Discount (if any) for the above payment types: _0 % If E Payable would be acceptable please note a contact person/telephone number to set up paymen-U�1t P4(3.n 7- U 1Q S4 (+49 - He)-7 information: fo_ 6. Calendar days required to commence contract: 40 V days 7. Back Order Haul Charge �0 DocuSign Envelope ID: 9FF97CFC-FA7A-4418-8197-97D6572A20FD ATTACHMENT 3 — PRICING CONTINUED 8. Minimum order (If Any) 9. Handling fee if less than minimum order i C [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 20-0701