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HomeMy WebLinkAboutPurchasing CooperativeSOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately twenty-six (26) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Govemment Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency. All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced In the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entifies which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing anv contract or purchase order resulting form this bid award, However, other Southeast Florida Govemmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1.04-018-B1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA SPECIAL INSTRUCTIONS TO BIDDERS (IN ADDITION TO GENERAL CONDITIONS) CO-OP FOR PETROLEUM — DIESEL FUEL # 2 AND BIODIESEL 1. SCOPE: Bids are hereby invited on an open-end basis for Petroleum — Diesel Fuel #2 and Biodiesel for the Southeast Florida Governmental Purchasing Cooperative and Various Broward County Divisions. The initial Contract period shall start on date of award, or June 1, 2004, whichever is later and shall terminate one (1) year from that date. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. All markup/discount prices, terms and conditions shall remain fixed for the initial period of the contract. In addition, all markup/discount prices, terms and conditions shall remain fixed for the renewal period of the contract exception of Biodiesel. REFER TO ATTACHMENT "A", PARAGRAPH 5, PRICING. Biodiesel only All prices, terms and conditions shall remain fixed for the initial three (3) month period of the contract. Following the three (3) month period, price increases may be accepted by the Director of Purchasing in accordance with the procedure described in Section 12, Special Clauses, of this document (See Page 8 of 28). The Purchasing Director may renew this contract for a one (1) year period subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing Director. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the County. PDF-PB02-2004 2/17/04 Page 1 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND B1ODIESEL 1. SCOPE: (Continued) No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, make random, open market purchases for any or all of the item(s) on any open end contract or, any combination of the preceding. No delivery shall become due or be acceptable without a written order by the County, unless otherwise provided for in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone' notice, to be confirmed by an order in writing. 2. SPECIFICATIONS AND REQUIREMENTS: The specifications, requirements and services to be provided are stated in Attachment "A" attached hereto and made a part hereof. 3. FURTHER INFORMATION: Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should contact Will Glasmyer, Purchasing Agent at (954) 357-6078. Bidders requiring technical clarifications should contact Lorraine Smith, Assistant Director at (954) 357-8360. No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. 4. PORT EVERGLADES SECURITY REQUIREMENTS: Port Everglades requires persons to have an identification badge issued prior to entry into the Port. An identification badge shall be obtained and paid for by the contractor for all employees, subcontractors, agents and servants working on the Port project. The Restricted access badge application process will include fingerprints and a comprehensive background check. Badges must be renewed annually and the fees paid pursuant to Broward County Administrative Code, Section 42.6. For further information, please call (954) 765-4604. 5. SPECIAL NOTICE: In accordance with OSHA Regulation 29 CFR 1926,1101(k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County locations. For a listing of those locations, refer to www.broward.org/purchasing/bidslasbestos.pdf. You may request a copy of subject Location listing by calling (954) 357-6066. 6. SITE VISIT AND/OR PRE -BID CONFERENCE: Not applicable for this bid. PDF-PB02-2004 2117/04 Pogo 2 of 28 PREVIOUS CONTRACT NO. D-X-01-228-BI BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 7 DELIVERY AND ACCEPTANCE: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state on the Bid Sheet the number of calendar days required to make delivery and/or installation after issuance of purchase order or request for services. However, goods required for daily consumption, or where the delivery is an emergency, a replacement, or is overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made not later than next succeeding business day. Delivery is FOB destination freight included and shall be inclusive of all costs and is to be made to the following site(s): REFER TO ATTACHMENT "A", CONTACTS FOR STORAGE FACILITIES. Delivery must be made within 24 hours after time of order. Vendor who cannot meet delivery requirements may be considered non -responsive. REFER TO ATTACHMENT "A", PARGRAPH 4, DELIVERY. 8. SAMPLES. PRODUCT LITERATURE AND DESCRIPTIVE CATALOGUES: Not applicable for this bid. 9. INSURANCE REQUIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACHED)(Attachment "F") The Insurance Requirements contained in this Bid represent the minimal protection necessary for the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division if circumstances change or adequate protection of the County is presented. No award will be recommended until a written determination is made by Risk Management Division that the County is adequately protected. The low bidder shall be required to provide proper insurance to the Purchasing Division prior to award by the Purchasing Director or recommendation of award to the Board of County Commissioners, whichever is applicable. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COUNTY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth in this Section. 9.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(s) must include: PDF-PB02-2004 2/17104 Page 3 of 28 PREVIOUS CONTRACT NO. D-X-41-228-B1 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 9, INSURANCE REQUIREMENTS: (Continued) 9.1.1 Employers' Liability with minimum limits of One Hundred Thousand Dollars ($100,000.00) each accident. 9.1.2 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 9.1.3 If any operations are to be undertaken on or about navigable waters, coverage rnust be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. 9.2 Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 9.2.1 Premises and/or Operations. 9.2.2 Independent Contractors. 9.2.3 Products and/or Completed Operations. 9.2.4 Explosion, Collapse and Underground Coverages. 9.2.5 Broad Form Property Damage. 9.2.6 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 9.2.7 COUNTY is to be included as an "Additional Insured" In the name of "Broward County Board of Commissioners" with respect to liability arising out of operations performed for COUNTY in connection with general supervision of such operation, 9.2.8 Notice of Cancellation and/or Restriction -- The policy(s) must he endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 9.3 Business Automobile Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 9.3.1 Owned Vehicles. 9.3.2 Hired and Non -Owned Vehicles. PDF-PB02-2004 2117104 Page 4 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 9. INSURANCE REQUIREMENTS: (Continued) 9.3.3 Notice of Cancellation and/or Restriction — The policy(s) must be endorsed to provide Broward County with thirty (Q) days notice of cancellation and/or restrictions. 9,4 Environmental Liability with minimum limits of Five Hundred Thousand Dollars ($500.000.00) per occurrence with a maximum deductible of Ten Thousand Dollars ($10,000.00), without restrictive endorsements, as filed by the Insurance Services Office. 9.4.1 Notice of Cancellation and/or Restriction — the policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 9.5 The CONTRACTOR shall provide to the COUNTY Certificates of Insurance evidencing the insurance coverage specified in 9.1, 9.2, 9.3 and 9.4 above. The Contractor should provide these Certificates within fifteen (15) days after request by the Purchasing Agent. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Contract and section and the above paragraphs in accordance is as required by such paragraphs of this Contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 9.6 Certificates of insurance shall be provided as specified in sub -section 9.5 above unless any of these coverages are, for just cause, inapplicable, and upon specific request by the vendor are excepted by written determination of risk management and approved by the purchasing director. If an exception is requested, the bidder should indicate in the appropriate area on the bid sheet any such request including reason(s) thereto for exemption from insurance requirements as specified in this section of this invitation for bid/quotation request. 10. INDEMNIFICATION: The CONTRACTOR shall indemnify and save harmless the COUNTY, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the completion of this Project; or by or in consequence of any negligence (excluding negligence of COUNTY), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or their Subcontractor, Agents, Servants or Employees. Contractor agrees to indemnify and save harmless the COUNTY against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR. The CONTRACTOR agrees to indemnify and save harmless the COUNTY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against COUNTY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against COUNTY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. PDF-PB02-2004 2117104 Page 5 of 28 PREVIOUS CONTRACT NO, D-X-01-228-B1 BID NO. D-1-04.018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 10. INDEMNIFICATION: (Continued) The indemnification provided above shall obligate the CONTRACTOR to defend at their own expense or to provide for such defense, at the COUNTY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against the COUNTY which may result from the operations and activities under this Contract whether the operations be performed by the CONTRACTOR, their subcontractor or by anyone directly or indirectly employed by either. 11. WARRANTY: The bidder should specify any warranty applicable to the items bid. 12. PAYMENT: Payment will be made by the County after commodities/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must state the purchase order number. 13. LIVING WAGE ORDINANCE: Not applicable for this bid. 14. SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM (SDBEAAP,J: SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM (SDBEAAP): In 1993, the Board of County Commissioners enacted an ordinance updating the Small Disadvantaged Business Enterprise (SDBE) Affirmative Action Program, requiring goals in all County procurement activity at the following levels: (1) One Hundred and Fifty Thousand ($150,000) Dollars or above in construction activity; (2) Seventy -Five Thousand ($75,000) Dollars or above in total contract value for architectural/engineering and related activity; and (3) Fifty Thousand ($50,000) Dollars or above in total contract value for all other goods and services activity. This project falls into category 3 above. If the amount bid is $50,000.00 or more, or if goals have been set for this Contract, bidders must comply with the requirements set forth in Article XIV, Chapter 20, Broward County Code of Ordinances, in order to be considered responsive and/or responsible. These documents are available at the Office of Economic Development/Small Business Development Division (SBDD) during normal business hours for review and assistance. PDF•P902.2004 2/ 17104 Page 6 of 28 PREVIOUS CONTRACT NO. D-X-01.228-B1 BID NO. D-1-04-018-B1 SPECIAL. INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 14. SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM (SDBEAAP): (Continued) SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM (SDBEAAP]: (Continued) All Bidders must submit with their bid a Bidders SDBE Response Sheet, (Attachment "C"). (00321), a Schedule of SDBE Participation (Attachment "D") (00322) showing SDBE firms (if any) participating in the Project as prime contractor, subcontractor or supplier (an SDBE Unavailability Schedule, [Attachment "E") (00325) is required if numerical goals have not been met by bid opening). Please Note: In accordance with Ordinance 93-17 Section 20-277 (b) "Contract Goals"... A Business Enterprise owned by a woman who is a member of a minority group may be counted on a participation contract as a MBE or a WBE but not both. For the purposes of goal achievement the County requires the successful Bidder to use Certified Broward County small disadvantaged business enterprises; and the Office of Economic Development/Small Business Development Division maintain a certified directory of SDBE's which is available to Bidders. THIS CONTRACT HAS THE FOLLOWING SDBE NUMERICAL GOALS: Minority Business Enterprise TOTAL SDBE NUMERICAL GOALS 12% In addition to the SDBE Directory mentioned above, the Small Business Development Division also maintains the directory which is available for use by CONTRACTORS on-line through the Broward County SEFLIN Free Net Network. Contact the SBDD at (954) 357-6400 for more information. The COUNTY encourages the CONTRACTOR to use minority owned -and -operated banks. Small Disadvantaged Business Enterprise (SDBE) is defined as a small business that is at least 51 percent beneficially owned and is routinely managed by one or more disadvantaged individuals of the following classifications: A. African Americans, which includes persons having origins in any of the black racial groups of Africa; B. Hispanic Americans, which includes persons of Spanish or Portuguese culture with origins in North, South or Central America or the Caribbean region, regardless of race, C. Asian -Pacific Americans, which includes persons whose origins from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific and Northwest Marianas; D. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; E. Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh; F. Any individuals found to be socially and economically disadvantaged by the Small Business Administration; and G. Any women not included in (A) through (F) above. PDF-PB02-2004 2117104 Page 7 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04.018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 14. SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM (SDBEAAP): (Continued) SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM (SDBEAAP): (Continued) NOTE: The Broward County SDBE Ordinance stipulates limitations on earnings to qualify as an SDBE. This information is available at the Office of Economic DevelopmentlSmall Business Development Division. Telephone (954) 357-6400. NOTE: Any language indicating SDBE documents must be submitted with the bid is now changed to should be submitted with the bid. SDBE compliance is now a matter of responsibility. 15. PRICE ADJUSTMENT CLAUSES: Price Escalation Caused by Raw Material Cost Increase The vendor must complete the Price Adjustment Section on page 13 of 28 entitled "Bid Sheet". In addition, the vendor must provide a letter within five (5) working days after being requested by the Purchasing Division from the normal supplier verifying the information provided on the bid sheet. If the vendor does not supply the information required at the appropriate time the vendor will not be eligible to receive any price increase. if, after the first three months of the initial contract period, the price of soybean oil as published in the Wall Street Journal on the first working day of the month is increased fifteen (15%) over the price in effect at the time the vendor submitted the bid, the vendor may request a price increase equal to the overall cost increase experienced in the product manufacture, handling or shipping as a direct result of the cost increase. The vendor may request a price increase after each three (3) month period if the price of soybean oil as published in the Wall Street Journal on the first working day of the month at time of request has increased fifteen (15%) percent in effect at the time the vendor submitted the bid or after time of the last price increase awarded. The vendor must request in writing to the Director of Purchasing. This request must be accompanied by the appropriate documentation supporting the vendor's claim of a need for a price increase. At a minimum, this documentation must show the price of soybean oil at the normal point of supply on date of contract award, the current price of soybean oil percentage of final product cost attributable to Biodiesel 100, costs at the time the vendor request a price increase, the same data must be provided from the same supplier to substantiate this claim. PDF-PB02-2004 2117I04 Page 8 of 28 PREVIOUS CONTRACT NO. D-X-01.228-B1 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 15. PRICE ADJUSTMENT CLAUSES: (Continued) Price Escalation Caused by Raw Material Cost Increase (Continued) Written notification will be sent to the Contractor by the Director of Purchasing of the decision to accept or not accept the price increase. In the event of non -acceptance of such revision the Contract will be deemed terminated as of the close of business the day prior to the effective date of change as stated in Contractor's submission. In the event of a price increase the new prices will apply only to the orders placed after the acceptance by the County. Any orders placed prior to the effective date will not be affected and will be invoiced at the prices in effect at the time the order was placed. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the Contractor prior to the termination date even if no increase is granted by the Purchasing Director. Failure to complete delivery could cause the Contractor to be debarred from doing business with the County according to the Broward County Procurement Code Section 21.119, Authority to Debar or Suspend. If after the first three months of the initial contract period, the price of soybean oil is decreased by fifteen (15%) below the price in effect at the time the vendor submitted a bid, the vendor is required to extend to the County a price decrease equal to the overall price decrease experienced in the product manufacture, handling or shipping as a direct result of the price decrease. The County may request a price decrease after each three (3) month period if the price of soybean oil as published in the Wall Street Journal on the first working day of the month at time of request has decreased fifteen (15%) percent in effect at the time the vendor submitted the bid or after time of the last price increase awarded. The same data base and procedure applicable for a price increase will be used for a price decrease. The vendor is to notify the Director of Purchasing of any Price Decreases within seven (7) calendar days of the first working day of the month. If the vendor does not notify, the Director of Purchasing may request a reduction in price from the vendor in writing prior to contract renewal or forty-five (45) days prior to the effective date of change. If the vendor does not agree to the decrease, the Director of Purchasing must be notified no later than thirty (30) days prior to the effective date of the change. If the vendor fails to notify the Director of Purchasing of non -acceptance within the time frame, it shall mean the vendor concurs with it and the new prices will take effect. In the event of non -acceptance by the vendor of such revision the contract will be deemed terminated as of the close of the business day prior to the proposed effective date of change. 16. DRUG -FREE WORKPLACE CERTIFICATION: Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Attachment "B") must be furnished to this office prior to an award being made. Failure to provide this certification will render your office unqualified and ineligible for award. PDF-PB02-2004 2117104 Page 9 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) CO-OP FOR PETROLEUM -- DIESEL FUEL #2 AND BIODIESEL 17. PUBLIC ENTITY CRIMES ACT (AMENDED): With reference to Paragraph 24 of Invitation to Bid, eliminate the reference to $15,000 in excess of threshold amount provided in Section 287.017, Florida Statutes. Category two threshold dollar amount at the time of bid opening shall apply. 18. NON -COLLUSION STATEMENT: By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the County shall Interpret this to mean that the vendor has indicated that no such relationships exist. PDF-PB02-2004 2/17!04 Page 10 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1.04-018-B1 BID SHEET CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled in, BID SHEET is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terms, conditions, specifications and requirements, the bidder offers the following: GROUP FIRM" UNIT ITEM COMMODITY CODE OP1S* MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT (-) PER GAL. QUANTITY PRICE 1. #405 09 002 0002 Diesel Fuel #2 Low Sulfur Tankwagon 1.0553 +1- -- $ X 1,500,000 $ Gal. 2. #405 09 002 0001 Diesel Fuel #2 1.0553 +/- = $ X 8,500,000 $ Low Sulfur Gal. Transport 3. #405 09 003 0002 Diesel Fuel #2 1.0562 +/- = $ X 200,000 $ High Sulfur Gal. Tankwagon ** OPTS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. NAME OF COMPANY: P DF-PB02-2004 2117104 Page 11 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 BID SHEET (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL GROUP 4 (ITEMS 4-5) FIRM** UNIT ITEM COMMODITY CODE OPIS* MARKUP (+) PRICE EST. TOTAL NO. DESCRIPTION PRICE DISCOUNT (-) PER GAL. QUANTITY PRICE 4. #405 09 004 0009 Biodiesel Fuel 1.0553 +1- = $ X 80,000 $ B20 Gal. ** OPIS Price as of January 26, 2004, used for bid evaluation only. See Attachment A, Paragraph 5. Calculation Markup/Discount to fourth decimal point. Markup/discount to remain firm during contract period(s). See Attachment A, Paragraph 5. FIRM*** ITEM COMMODITY CODE UNIT PRICE ESTIMATED TOTAL NO. DESCRIPTION PER GALLON QUANTITY PRICE 5. #405 09 003 0010 Biodiesel Fuel B100 $ X 55,000 Gal. $ *** Price may be adjusted after the first three (3) months of the initial contract period. Refer to Section 15 (Page 8 of 28) and Attachment A, Paragraph 5. GROUP TOTAL FOR GROUP 4 (ITEMS 4-5) $.......— GRAND TOTAL FOR GROUPS (1 THRU 5) Delivery shall be made between 9:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Delivery at other times shall be by special arrangement only. Delivery will be made within 24 hours after time of order, not to exceed 48 hours. Delivery MUST be FOB destination, freight included and shall be inclusive of all costs. In accordance with Paragraph 9.6 of "Special Instructions to Bidder" Indicate If an exception to insurance requirements is being requested. Be specific and state reason: NAME OF COMPANY: AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. PDF.PB02-2004 2/17104 Page 12 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04.018.81 BID SHEET (Continued) CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL RECYCLED CONTENT INFORMATION: 1. IS THE MATERIAL IN THE ABOVE: VIRGIN ❑ OR RECYCLED O (CHECK THE APPLICABLE BOX). IF RECYCLED, WHAT PERCENTAGE PRODUCT DESCRIPTION: 2. IS YOUR PRODUCT PACKAGED AND/OR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES ❑ NO ❑ SPECIFY: 3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END USE? YES CI NO SPECIFY: THE ABOVE IS NOT APPLICABLE IF THERE IS ONLYA PERSONAL SERVICE INVOLVED WITH NO PRODUCT INVOLVEMENT. WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY? YES ❑ NO O DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES O NO ❑ DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES ❑ NO ❑ ,RICE ADJUSTMENT SECTION: Price of $ per Date Percentage ( %) of final product attributable to (Product) NAME & ADDRESS OF SUPPLIER NAME OF COMPANY: PDF-PB02-2004 2117/04 Page 13 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 BID SHEET (Continued) CO.OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED? O YES ONO VENDOR FAX # WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR PALM BEACH COUNTIES? © YES O NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? O YES ❑ NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: E-MAIL ADDRESS: BEEPER #: FEDERAL TAX ID #: REMIT ADDRESS: NOTICES TO BIDDER: 1. Please check the Federal Employer's Identification Number (FEIN) and other information on the face of the Invitation for Bid/Bidder Acknowledgment Form (IFB) and MAKE APPROPRIATE CORRECTIONS ON THE IFB. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: PDP-PB02-2004 2/17104 Page 14 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "A" SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 1. DEFINITIONS: 1.1 Agency Any participating governmental purchasing authority within Broward County (refer to Attachment "A"). 1.2 ASTM ASTM Standards Information (215) 299-5475 or 299-5584; or to order, ASTM Customer Services Department, 1916 Race Street, Philadelphia, PA 19103, (215) 299-5585. 1.3 Bidder Any company submitting a bid to this request. 1.4 Contractor Bidder who is selected as who will best serve the interest of Broward County and Agencies. 1.5 Integrated A company who primarily performs the functions of refining, transporting and marketing fuels as listed herein. 1.6 OPIS Oil Price Information Service, Subscription Information, (301) 961-8777, 4550 Montgomery Avenue, Suite 700N, Bethesda, Maryland, 20814- 3382. 1.7 Tankwagon Maximum 5000 gallons in any one delivery. 1.8 Transport Minimum load diesel to any one location - approximately 5800 gallons. 2. LOCATIONS AND CAPACITY: 2..1 Agency names, contacts, and telephone numbers are in Attachment "A" pages 19, 20 and 21. 3. TAXES: The agencies listed herein are municipalities and are exempt from Federal Gasoline and Diesel (excise) Road taxes and Florida Sales tax. Bids will be considered only from Bidders who do not require the payment of these taxes. 4, DELIVERY: Unless otherwise requested at the time of order, deliveries will be within 24 hours after time of order. Deliveries should be made during normal working hours, 8:30 a.m, to 5:00 p.m., Monday through Friday, unless an alternate delivery date is specifically requested by the agency placing the order. PDF-PB02.2004 2117/04 Page 15 4f 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 4. DELIVERY: (Continued) All transport truck deliveries will be temperature adjusted to 60°F in accordance with the latest edition of the American Society for Testing and Materials (ASTM) Table 6B, Volume II, Petroleum Measurement Tables. Delivery tickets and invoices shall reflect the net gallons delivered after temperature compensation. Tankwagon deliveries will be metered at the time of drop. Agencies will accept fuel from trucks with sealed State approved and inspected meters. Trucks that have State of Florida Department of Agriculture and Consumer Services sealed, calibrated, and certified compartment tank volume markers for the petroleum product being delivered, are also acceptable. 5. PRIC(NG: Prices bid are to be F.O.B. Delivered to locations and are exclusive of all Federal, State, and County Excise taxes and fees. Any other applicable taxes and fees, shall be added at the time of invoicing. See paragraph 3.TAXES. Diesel and Biodiesel (B20) Fuel prices shall be based on the average weekly closing price as published in the Oil Price Information Service (OPIS), Report, for Miami, Florida, plus a firm mark-up or discount. The firm mark-up or discount may include the vendor's profit, delivery costs and any other costs. The firm mark-up or discount for Diesel and Biodiesel 0320) shall not change during the initial term of the contract or any renewal periods. No other charges shall be added. Markup/discount must be expressed in dollars and/or cents per gallon. Prices shall remain firm for one week intervals. Firm price intervals will begin at 12:01 A.M. on Monday of each week. The price will be based on the average closing OPIS published price dated the preceding Thursday. This average will be calculated to the fourth decimal place. Invoice pricing for Diesel and Biodiesel (B20) will be OPIS price in effect on the date of delivery +/- markup/discount. PDF-PB02-2004 2117104 Page 18 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 5. PRICING: (Continued) Invoice price for Biodiesel (B100) shall be the bid price. Biodiesel (B100) fuel price bid shall be inclusive of all vendor costs (profit, delivery costs, soybean oil costs and any other costs) and shall not change during the initial three (3) months of the contract. This price may be adjusted up or down based on the price of soybean oil published in the Wall Street Journal. Refer to Section 15, Price Escalation Caused by Raw Material Cost increase (Page 8 of 28). 6. SUBSTITUTE/ALTERNATE METHOD FOR PRICE ADJUSTMENT: The County reserves the right, based on its sole judgment, to substitute an alternate method for price adjustment if: A. An Interruption in the OPTS publication is experienced, beyond existing scheduled Holidays (Independence Day, Christmas, etc.) or B. The listing of companies and their prices for Miami, Florida, are interrupted, or modified to a degree which would require alteration of the computation formula to determine a fair average price or C. The use of the average price computation based on the prices listed in OPTS becomes non -representative of the market in South Florida. D. The County determines that the price adjustment method then in effect in the contract is not in its best interests. If it is determined by the County to be in its best interest to substitute an alternate method for price adjustment, as specified above, the Contractor(s) will be notified thirty (30) days prior to the effective date for the alternate adjustment. If an alternate price adjustment method is not acceptable to all awarded contractor(s), the County may cancel this contract in whole or in part by giving the Contractor(s) ninety (90) days prior written notice. 7. INVOICING: Each invoice shall reference the date of each applicable published OPTS closing average for that week. List, separately on invoice, each individual non-exempt tax/fee and its amount that is added to the price. PDF-PB02-2004 2/17/04 Page 17 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "A" (Continued} SPECIFICATIONS AND REQUIREMENTS CO.OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 7. INVOICING: (Continued) In the event an agency miscalculates on the estimated gallons required for a transport delivery to any one location: Deliveries 5001 gallons and above will be invoiced at transport pricing. Deliveries 5000 gallons or below will be invoiced at Tankwagon pricing as listed at the time of bid. 8. ORDERING AND PAYMENT: Each Governmental Agency which accepts bids submitted will establish its own contract with the successful bidder(s); will issue its own purchase orders; will require separate billing and will issue its own exemption certificates as required by the Contractor. The Broward County Purchasing Division will furnish a copy of bidders list, and any other information submitted with the bids to all of the participating agencies. It is understood and agreed that Broward County is not a legally binding party to any contractual agreement made between any other Agency and the contractor as a result of this bid. After award of contract(s) to successful bidder(s) the County reserves the right to issue Purchase Orders in accordance with the terms of this contract. 9. OPIS REQUIREMENTS: The successful contractor(s) must provide, to Broward County only, a subscription to the Oil Price Information Service (OPTS) daily publication for Miami Florida continuing throughout the contract period. The contractor(s) will be required to furnish subscriptions for any renewal periods. The last Monday prior to contract commencement date the OPIS report will be used to establish the price of fuel for the first day of the contract period. The subscription may be mailed to Broward County Purchasing Division, Attention, Will Glasmyer, Unit D, Room 212, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301 or emailed to Wglasmyer©broward.org 10. AUDIT: Agencies reserve the right for their Internal Auditor or appropriate representative to review ONLY those records pertaining to any contract awarded as a result of these documents and determine if the terms, conditions, and specifications of the contract are being followed and if prices charged comply with the contract. 11. PROTECTION OF PROPERTY: All existing structures, utilities, services, roads, trees and shrubbery, etc. shall be protected against damage or interrupted services at all times by the contractor during contract operations. The contractor shall be held responsible for repairing or replacing property to the satisfaction of the Agency which is damaged by reason of the Contractor's operation on the property during the term of the contract. PDF•PB02-2004 2117104 Page 18 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04.018-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL 12, SPILLAGE: The Contractor and/or his sub contractors making deliveries, shall be fully responsible for any errors or mistakes that require clean up or ground sterilization. Contractor will be responsible for prompt and thorough clean up of all spillage, per EPA specifications, and for any Agencies fines or fees for any contamination that result from improper delivery of fuel. 13. SPECIFICATIONS: Per latest edition of ASTM specifications D-975: Diesel Fuel shall be number two (#2) Low Sulfur. Diesel Fuel shall be number two (#2) High Sulfur. Biodiesel must meet the minimum requirements and test procedures of ASTM PS 121. The products requested in this Invitation to Bid must conform to the specifications of the State of Florida and comply with all Federal, State and local laws and regulations as applicable on date of delivery. PDF-PB02-2004 2)17104 Pogo 19 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL ORGANIZATION NAME NAME TELEPHONE NUMBER 1. Broward County Facilities Mgmt Division Deborah Curry (954) 357-5780 Fleet Services Division Locksley Rhoden (954) 357-6477 Mass Transit Division Rebecca Horwitz (954) 357-6780 Parks & Recreation Marilyn Cahill (954) 357-8125 Port Everglades Irene Costa (954) 468-3517 2. Broward County Housing Authority B.J. Solomon (954) 739-1114 3 Broward County School Board George Toman (754) 321-0514 4. Broward County Sheriffs Office Rick Torres (954) 831-8172 5. Broward County Community College Beau Mitchell (954) 761-7551 6. Boca Raton Carol Thomas (561) 393-7871 7. Coconut Creek Sheila McGann (954) 973-6730 8. Cooper City Kerr -Anne Fisher (954) 435-4300 9. Coral Springs Art Resnik (954) 344-1101 10. Dania Beach Nanci Denny (954) 924-3674 11. Davie Herb Hyman (954) 797-1016 12. Deerfield Beach —Donna Council (954) 480-4380 PDF-PB02-2004 2117104 Page 20 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL ORGANIZATION NAME NAME TELEPHONE NUMBER 13. Florida Dept. of Health Sam Hansraj (954) 467-4705 14. Fort Lauderdale Richard Ewell (954) 828-5138 15. Green Acres Lynda Venne (561) 642-2039 16. Hallandale Art Andrews (954) 457-1332 17. Hollywood Tom Fenton (954) 921-3290 18. Homestead Brian O'Connor (305) 247-1801 19. Lauderdale Lakes Arthur Elinson (954) 535-2721 20. Lauderhill Ruby Levy (954) 730-3044 21. Lighthouse Point Daniel Keefe (954) 943-6500 22. Margate Connie Guzzi (954) 972-6454 23. Miramar Margaret Palomino (954) 967-1550 24. North Lauderdale William Peck (954) 724-7070 25. North Miami Debbie Faestra (305) 893-6511 26. North Miami Beach Lynn Gribble (305) 948-2976 27. Oakland Park Maggie Turner (954) 561-6219 PDF-PB02-2004 2/17104 Page 21 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENL"A" (Continued) SPECIFICATIONS AND REQUIREMENTS CO-OP FOR PETROLEUM — DIESEL FUEL #2 AND BIODIESEL ORGANIZATION NAME NAME TELEPHONE NUMBER 28. Opa-Locka Rona Sandler (305) 953-2825 29. Parkland Judith Kilgore (954) 753-5040 30. Pembroke Pines Terri Burzo (954) 437-1111 31. Plantation Paul DeBernado (954) 452-2545 32. Pompano Beach Leeta Hardin (954) 786-4098 33. Sunny Isles Beach Cecile Hayles (305) 947-0606 34. Sunrise Marsha Peterson (954) 572-2274 35. Tamarac Steven Bermsderfer (954) 718-1791 36. TRl-Rail Ann Lodato (954) 788-6906 37. Wellington Pam Thompson (561) 791-4111 38. Weston Jeff Skidmore (954) 753-5841 39. Wilton Manors Linda Peterson (954) 390-2141 PDF-PB02.2004 2117104 Page 22 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "B" DRUG FREE WORKPLACE CERTIFICATION The undersigned vendor hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (I) The dangers of drug abuse in the workplace; (ii) The offerors policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall: (I) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (I) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). (Vendor Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2004, by (Name of person who's signature is being notarized) as of (Title) (Name of Corporation/Company) known to me to be the person described herein, or who produced (Type of Identification) as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: PDF-PB02.2004 2117104 Page 23 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-BI ATTACHMENT °C" 00321. BIDDER SDBE RESPONSE SHEET NOTE: THIS FORM SHOULD BE COMPLETED BY THE BIDDER AND RETURNED WTH THE BID AND SCHEDULE(S) OF PARTICIPATION AND/OR UNAVAILABILITY. FAILURE TO RETURN THOSE FORMS WILL RESULT IN THE REJECTION OF YOUR BID. ALL CATEGORIES OF SDBE CONTRACTORS MUST BE ADDRESSED. Please check appropriate boxes: ALL SDBE GOALS HAVE BEEN MET •Submit Schedule of Participation SDBE GOALS HAVE BEEN PARTIALLY MET •Submit Schedule of Participation and •Submit Schedule of Unavailability NO SDBE GOALS HAVE BEEN MET •Submit Schedule of Unavailability ASIAN- AFRICAN HISPANIC PACIFIC NATIVE OTHER WOMEN AMERICANS AMERICANS AMERICANS AMERICANS GROUPS" [ ] [ 1 [ ] [ ] [ 1 [ 1 [ 1 [ ] [ 1 [ 1 ( 1 [ 1 [ 1 [ 1 [ 1 [ ] " "OTHER GROUPS," if any, shall include those SDBE groups not specifically named above, but required to be addressed as noted on the Deviation page. Signature: Title: Date: PDF-PB02-2004 2/17104 Page 24 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "D" 00322. SCHEDULE OF SDBE PARTICIPATION (BID/CONTRACT NO.) (NAME OF BIDDER) (ADDRESS) (TELEPHONE NO.) The undersigned representative of the Bidder states that the Bidder has contacted the SDBEs listed below and that said SDBEs have agreed to perform the work for the dollar value set forth and that the following information regarding SDBE V MMVVIIloV.Vl.a .v •1 r.� wi.... ...v..��. .� ...� ..��. �. ... _... _. ....__ (NAME OF SDBE CONTRACTOR CONTACTED) ._��_. (NAME OF SDBE CONTRACTOR CONTACTED) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) $ (SCOPE OF WORK TO BE PERFORMED) $ (TOTAL DOLLAR VALUE) SDBE GROUP: (TOTAL DOLLAR VALUE) SOBE GROUP: (NAME OF SDBE CONTRACTOR CONTACTED) (NAME OF SDBE CONTRACTOR CONTACTED) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) $ (SCOPE OF WORK TO BE PERFORMED) $ (TOTAL DOLLAR VALUE) SDBE GROUP: (TOTAL DOLLAR VALUE) SDBE GROUP: (NAME OF SOBE CONTRACTOR CONTACTED) (NAME OF SOBE CONTRACTOR CONTACTED) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) $ (SCOPE OF WORK TO BE PERFORMED) (TOTAL DOLLAR VALUE) SDBE GROUP: (TOTAL DOLLAR VALUE) SDBE GROUP:, PLEASE ATTACH ADDITIONAL INFORMATION IF NI=CE55ARY. Signature: Title: Date: PDF-PB02-2004 2117104 Page 25 of 28 PREVIOUS CONTRACT NO. D-X-01-228-BI BID NO. D-1-04-018-BI ATTACHMENT "E" 00325. SCHgDULE Off' SDBE UNAVAILABJLITY (BID/CONTRACT NO.) (NAME OF BIDDER) (ADDRESS) (TELEPHONE NO.) The undersigned representative of the Bidder states that the Bidder has contacted the SDBEs listed below and that said SDBEs are unavailable to perform or submitted a bid which was not the low acceptable bid set forth and that the following information regarding SDBE subcontractors is true and correct to the best of his/her knowledge: 1. The following SDBE contractors were invited to bid subcontract work, but were not available to work. (Attach list if necessary.) Name SDBE Group 2. The following SDBE contractors were invited to bid subcontract work, but did not respond to the Invitation. (Attach list if necessary.) Name SDBE Glom 3. The following SDBE contractors submitted bids which were not the low acceptable bids. (Attach list if necessary.) Name SDBE Group If you did not get any responses to your solicitation of SDBE contractors, please indicate your efforts, i.e., advertising, personal calls, mailing lists, etc. (may be verified). (Attach list if necessary.) Signature: Title: Date: PDF-PB02-2004 2/17104 Page 26 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1.04-018-B1 ATTACHMENT "E" (Continued) 00325. SCHEDULE OF SDBE UNAVAILABILITY (continued) 3. The COUNTY must maintain records concerning SDBE participation in its contracts, the CONTRACTOR should, within ten days after receipt of Notice of Award, submit to the Project Coordinator a Schedule of SDBE Participation showing SDBE firms (if any) scheduled to participate in the Contract as prime Contractor, Subcontractor, or supplier (negative schedules are required if no SDBE's are scheduled to participate), and one SDBE identification Affldavitforeach SDBE Scheduled to participate in the contract, if the SDBE does not already have an Affidavit on file with the SBDD, Room A640 Governmental Center Annex, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, telephone (954) 357-6400. 4. The SBDD of the COUNTY maintains a directory of SDBE which is available for use by CONTRACTORS. 5. The COUNTY encourages the CONTRACTOR to use minority owned -and -operated banks. 6. SMALL DISADVANTAGED BUSINESS ENTERPRISE (SDBE) is defined as a small business that is at least 51 percent beneficially owned and is routinely managed by one or more disadvantaged individuals of the following classifications: A. African Americans, which includes persons having origins in any of the black racial groups of Africa; B. Hispanic Americans, which includes persons of Spanish or Portuguese' culture with origins in North, South or Central America or the Caribbean region, regardless of race. C. Asian -Pacific Americans, which includes persons whose origins from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific and Northwest Marianas; D. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; E. Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh; F. Any individuals found to be socially and economically disadvantaged by the Small Business Administration; and G. Any women not included in (A) through (F) above. NOTE: The Broward County SDBE Ordinance stipulates limitations on earnings to qualify as an SDBE. This information is available at the Office of Economic Development/Small Business Development Division. Telephone (954) 357.6400. NOTE: Any language indicating SDBE documents must be submitted with the bid is now changed to should be submitted with the bid. SDBE compliance is now a matter of responsibility. PDF-PB02.2004 2/17/04 Page 27 of 28 PREVIOUS CONTRACT NO. D-X-01-228-B1 BID NO. D-1-04-018-B1 ATTACHMENT "F CERTICATE OF INSURANCE FOR PETROLEUM DIESEL FUEL #2 & BIODISEL The following coverages are deemed appropriate for minimum insurance requirements fo'r this project and will be required of the selected firm and Identified in the negotiated agreement. Any deviation or change during the contract negotiation period TYPE OF INSURANCE ,. Limits on Liability In Thousands of Dollars . °. Each Occurrence Aggregate GENERAL LIABILITY [X) Commercial General Liability 14] Premises —Operations ) Explosion & Collapse Hazard [r] Underground Hazard [�) Products/Completed Operations Hazard [1] Contractual Insurance • $1 Million [x] Broad Form Property Damage [trIndependent Contractors ( ) Personal Injury Bodily Injury Property Damage Bodily Injury and Property Damage Combined including Personal Injury n� /7 /! V i ' L- y / / ,� 1 Contractual Insurance TO LIABILITY AyTO [' P Form Owned Non owned [ ] Any Auto Bodily Injury (each person) adz i c i, " Y 4..v ,ea14,, '• ,. ^' FEU sr rl 14j• 4 ., ' m �$y�,�.., rProi 4 ° 9t 'j ° " hfi ` :ice':'' Bodily Injury (each/ accident) Property Damage `0 `riF Bodily Injury and Combined Damage c t C) , ` ,% i- EXCESS LIABILITY [ ] Umbrella Form [ 1 Other than Umbrella Form Bodily Injury and Property Damage Combined X WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY (NOTE -) [X] STATUTORY M^'4l " ?§f r" <"fro, Y , f:ryn,% '!I1 , „ i �t,..Atie a ' (each accident) $100K 1fapplicable�5LOOA IA1 nl,' ptG�Nond_/�1 -- It //'p'L %i'��� Maximum Deductible(4//i /. VtC�i/c.•I/14 [ ] PROPERTY COVERAGE/ BUILDER'S RISK INCLUDE WIND AND FLOOD INS. Maximum Deductible All Risk/Replacement Cost [ ] If project greater than $10ok-installation floater required for replacement of material, equipment, installation, tools etc. All risk, agreed value. Otherwise, contractor will be responsible for tools, materials, equipment, machinery etc, until completion and County takes possession. Maximum Deductible Each Claim De.ulpllon of Opx.ponolLoullonW.h,cl.. Certificate must show on general liability and: Additional Insured: Broward County Board of County Commissioners, Broward County. Florida. Also when applicable certificate should show B.C.B.C.0 as additional Insured for property coverage/builder's risidinstallation floater when coverage's are required.Certificate Must be Signed and All applicable Deductibles shown NOTE* - If the Company is exempt from WorkersCompensation Coverage, please provide a letter on company letterhead or a copy of the State's exemption which documents this status and attache o the Certificate of Insurance for approval. if any operations are to be undertaken on or about navigable waters, coverage must be included for U.S. Longshoremen & Harbor Workers' Act/ & Jones Act CANCELLATION: Thirty (30) Day written notice of cancellation required to the Ce 'Scat* Holder: _CJartene S George, Director Risk Management Division • Name & Address of Certificate Holder - Broward County Board of County Commissioners Purchasing Division, Suite 212 115 South Andrews Avenue Fort Lauderdale, FL 33301 RE: Bld #P/ 0 s/ Project# In.ur.nc.Ll,Nl.Form.Q3 R.-.Fd wow Date lss ed PDF-PM-2004 2/17/04 Page 28 of 28