IMPORTANT!—PLEASE READ CAREFULLY BEFORE MAKING BID
GENERAL PROVISIONS
These
general terms and conditions of the bid quotation and acceptance apply in like
force to this inquiry and to any subsequent contract resulting therefrom.
ACKNOWLEDGMENT OF AMENDMENTS
Bidders
shall acknowledge receipt of any amendment to the solicitation by identifying
the amendment number in the space provided for this purpose on the bid form, by
letter, or by returning a copy of the issued amendment with the submitted bid. The acknowledgment must be received by Pasco County
by the time and at the place specified for the receipt of bids. Failure to acknowledge an issued amendment
may result in bid rejection and disqualification.
ADDITIONAL INFORMATION
Questions
concerning the contract or technical portions of the bid document must be
submitted in writing to Scott P. Stromer, Purchasing Director, Pasco
County Purchasing Department; 8919 Government Drive; New Port Richey,
Florida 34654; facsimile (fax) machine number (727) 847‑8065. Bidders are cautioned that any statements
made by individuals, or employees of Pasco
County, that materially
change any portion of the bid document shall not be relied upon unless
subsequently ratified by a formal written amendment to the bid document. No contractual or technical questions will be
accepted after ten (10) days prior to the date set for bid opening.
ALTERNATIVE BIDS
The
bidder WILL NOT be allowed to offer more than one (1) price (for the
goods or services specified). If the
said bidder should submit more than one (1) price on any item (or service), ALL
prices will be rejected for that item.
The bidders offering service delivery methods other than those permitted
by the scope of work or specifications may submit a separate envelope clearly
marked "Alternative Bid."
Alternative bids will be deemed nonresponsive and will not be considered
for award. All such responses will,
however, be examined prior to award.
Such examination may result in cancellation of all bids received to permit
rewriting the scope of work or specifications to include the alternative
method, or the alternative method may be considered for future requirements of Pasco County.
ANTITRUST
By
entering into a contract, the contractor conveys, sells, assigns, and transfers
to Pasco County all rights, titles, and interest it may now have or hereafter
acquire under the antitrust laws of the United States and the State of Florida
that relate to the particular goods or services purchased or acquired by Pasco
County under the said contract.
APPLICABLE LAW
SEE ATTACHED AGREEMENT
ASSIGNMENT
The
contractor shall not assign, transfer, convey, sublet, or otherwise dispose of
any award or any or all of its rights, title, or interest therein, or delegate
the duties hereunder without the prior written consent of Pasco County.
AWARD
Consideration
for award will be by proximity to specifications given, costs, and time of
delivery. All purchases, leases, or
contracts that are based on competitive bids will be awarded to the lowest,
responsive, and responsible bidder.
Complete and accurate responses to all items are necessary for the
complete and fair evaluation of bids.
Bid award, in addition to the above stated, will be based on compliance
with the specified requirements as well as the "total-cost" or
"life-cycle costing" concept, including the following: 1) Cost:
A cost analysis will be conducted and will include all identifiable costs
associated with the bidders’ services.
The analysis will be based upon the bidder's proposal data and other
costs which, in the judgment of the evaluators, will be incurred by Pasco
County resulting from acceptance of the bidder's bid; and 3) Bidder's Reputation and
Experience: Evaluation of the bidder's
reputation, past performance, and experience shall be based on the nature and
extent of company data furnished, references and financial responsibility of
the bidder. Pasco
County reserves the right to award in
a matter that is deemed to be in Pasco
County's best interest.
BID ACCEPTANCE PERIOD
Any
bid submitted as a result of the solicitation shall be binding on the bidder
for a minimum of ninety (90) calendar days following the bid opening date. Any bid for which the bidder specifies a
shorter acceptance period may be rejected.
BID CLARIFICATIONS
If
any party contemplating the submission of a bid on this invitation is in doubt
as to the true meaning of any part of the plans, specifications, or other
documents, he should submit a written request for an interpretation thereof to
the Purchasing Director. The bidder's
concerns, regarding clarification of specifications and/or discrepancies and/or
omissions and/or changes to the attached specifications shall be made in
writing and received by Pasco County no later than ten (10) calendar days prior
to the bid opening date. The letter from
the bidder shall state clearly, and in detail, the basis for such concern(s) or
request(s). The letter shall be
addressed to the Purchasing Director, and marked "PREBID QUESTION" on
the face of the envelope. The Purchasing
Director will respond in writing. An
interpretation of the bid invitation document will be made only by addendum
duly issued to each party receiving a bid invitation. All such addenda shall become part of the
contract documents. Pasco County
shall not be responsible for explanations or interpretations of bid invitation
documents except as issued in accordance herewith. No oral interpretations will be made as to
the meaning of specifications or any other contract documents. Failure to comply with this provision will
result in the bidder waiving his/her right to dispute the bid specification.
BIDDER CERTIFICATION
The
bidder agrees that submission of a signed bid form is certification that the
bidder will accept an award made to it as a result of the submission.
BIDDER INVESTIGATIONS
Before
submitting a bid, each bidder shall make all investigations and examinations
necessary to ascertain all site conditions and requirements affecting the full
performance of the contract and to verify any representations made by Pasco County
upon which the bidder will rely. If the
bidder receives an award as a result of its bid submission, failure to have
made such investigations and examinations will in no way relieve the bidder
from its obligation to comply in every detail with all provisions and
requirements of the contract documents, nor will a plea of ignorance of such
conditions and requirements be accepted as a basis for any claim whatsoever by
the contractor for additional compensation.
BIDDERS' LIST
Failure
to submit a bid for the item(s) specified will result in removal from the
bidders' list for such (an) item(s). If
a bid is not submitted, a "NO BID" response must be submitted to
remain on the Pasco
County's bidders' list
for such items. A form for submitting a
"NO BID" is provided on Page 2 for your convenience.
BID ENVELOPES
Envelopes
containing bids must be sealed and marked in the lower left-hand corner with
the invitation number, commodity, and date and hour of opening of bids. Failure to do so may cause bid not to be
considered. Express Company or Express
Mail envelopes containing a sealed bid shall also be sealed and marked in the
lower left-hand corner with the invitation number, commodity, and date and hour
of opening of bids.
BID FORM SUBMISSION
Bids
shall be submitted on the attached forms.
Bids concerning separate bid invitations must not be combined on the
same form or placed in the same envelope.
Bids submitted in violation of this provision shall not be
considered. All bids must be signed, in
ink, in order to be considered. Erasures
are not acceptable on bids; if necessary to make a change, strike out or draw a
line through incorrect item and type the correction above, and initial the correction
in ink. If the bidder is a firm or
corporation, the bidder must show the title of the individual executing the
bid, and if the individual is not an officer of the firm or corporation, the
bidder must submit proof that the individual has the authority to obligate the
firm or corporation. BIDS MAY NOT BE
ALTERED OR AMENDED AFTER THE BID CLOSING.
BID RECEIPT AND OPENING
Pasco County
will receive sealed bid proposals until date and time indicated on bid
cover. Bids must be delivered, by hand
or mail, to the Pasco County Purchasing Department, located at 8919 Government Drive,
New Port Richey, Florida,
where they will be opened at the stated time.
Bids must be time stamped in the Purchasing Department before or on the
hour and date indicated on the cover sheet (Invitation for Bid) for the bid
opening. Bids received after the date
and time of the bid opening will be received, date stamped, and returned to the
bidder unopened. It is the
responsibility of the bidder to ensure that bids arrive at the designated
opening place on time. Late or
nondelivery due to mail or express delivery company failure will not be
considered adequate reason for consideration of late bids. FAXED BIDS WILL NOT BE ACCEPTED AND SHALL NOT
BE CONSIDERED FOR EVALUATION OR AWARD.
Notes may be taken at the public reading of the bid(s) at the specified
time and date of the opening or a personal inspection may be made of the bid(s)
after award has been made and documents are placed in central and public files.
BID WITHDRAWAL
Bids may not be changed after the bid closing time.
To
withdraw a bid that includes a clerical error after bid opening, the bidder
must give notice in writing to Pasco
County of claim or right
to withdraw a bid. Within two (2)
business days after the bid opening, the bidder requesting withdrawal must
provide to Pasco County all original work papers,
documents, and other materials used in the preparation of the bid. A bidder may also withdraw a bid prior to the
time set for the opening of bids by simply making a request in writing to Pasco County;
no explanation is required. No bidder
who is permitted to withdraw a bid shall, for compensation, supply any material
or labor to or perform any subcontract or other work for the person to whom the
contract is awarded or otherwise benefit from the contract. No partial withdrawals of a bid are permitted
after the time and date set for the bid opening; only complete withdrawals are
permitted. The decision to allow or
disallow bid withdrawal remains solely with Pasco County.
BRAND NAMES
Any
catalog, brand name, or manufacturer's reference used in the specifications is
intended to be descriptive and not restrictive, and is used only to
indicate type and quality desired. Any
article, equipment, or material, which shall conform to the standards and
excellence, so established, and is of equal merit, strength, durability, and
appearance to perform the desired function, is deemed eligible for offer as a
substitute. The qualifications of the
offering shall be judged as to their conformance with these specifications. Any equipment offered other than herein
specified shall be subject to a competitive demonstration and evaluation by Pasco County. The determination as to whether any alternate
product or service is or is not equal shall be made by Pasco County,
and such determination(s) shall be final and binding upon all bidders.
CANCELLATION
Pasco County
reserves the right to cancel a resulting contract, without cause, by giving
thirty (30) days' prior written notice to the contractor of the intention to
cancel, or with cause if at any time the contractor fails to fulfill or abide
by any of the terms or conditions specified.
Failure of the contractor to comply with any of the provisions of a
resulting contract shall be considered a material breach of contract and shall
be cause for immediate termination of the contract at the sole discretion of Pasco County. In addition to all other legal remedies
available to Pasco County, Pasco County reserves the right to cancel and obtain
from another source, any services which have not been provided within the
required period of time or, if no such time is stated, within a reasonable
period of time from the date of order or request, as determined by Pasco
County.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
The
bidder certifies that the prices submitted in response to the solicitation have
been arrived at independently and without—for the purpose of restricting
competition—any consultation, communication, or agreement with any other bidder
or competitor relating to those prices, the intention to submit a bid, or the
methods or factors used to calculate the prices bid.
CHANGE IN SCOPE OF WORK
Pasco County
may order changes in the work consisting of additions, deletions, or other
revisions within the general scope of the contract. No claims may be made by the contractor that
the scope of the project or of the contractor's services has been changed,
requiring changes to the amount of compensation to the contractor or other
adjustments to the contract, unless such changes or adjustments have been made
by written amendment to the contract or purchase order signed by Purchasing
Director. If the contractor believes
that any particular work is not within the scope of the project, is a material
change, or will otherwise require more compensation to the contractor, the
contractor must immediately notify Pasco
County in writing of this
belief. If Pasco County
believes that the particular work is within the scope of the contract as
written, the contractor will be ordered to and shall continue with the work as
changed and at the cost stated for the work within the scope.
COLLUSION AMONG BIDDERS
Each
bidder, by submitting a bid, certifies that it is not a party to any collusive
action or any action that may be in violation of the Sherman Antitrust
Act. Any or all bids shall be rejected
if there is any reason for believing that collusion exists among the
bidders. Pasco County
may or may not, at its discretion, accept future bids for the same work from
participants in such collusion. More
than one (1) bid from an individual, firm, partnership, cooperation, or
association under the same or different names may be rejected. Reasonable grounds for believing that a
bidder has interest in more than one (1) bid for the work being bid may result in
rejection of all bids in which the bidder is believed to have interest. Nothing in this clause shall preclude a firm
acting as a subcontractor to be included as a subcontractor for two (2) or more
primary contractors submitting a bid for the work.
CONFLICT OF INTEREST
The
contractor, by submission of its proposal, certifies that to the best of
his/her knowledge or belief, no elected/appointed official or employee of Pasco County
is financially interested, directly or indirectly, in the offer of goods or
services specified in this invitation.
DEBARMENT
By
submitting a bid, the bidder certifies that it is not currently debarred from
submitting bids for contracts issued by any political subdivision or agency of
the State of Florida and that it is not an agent of a person or entity that is
currently debarred from submitting bids for contracts issued by any subdivision
or agency of the State of Florida.
ERRORS IN EXTENSIONS
If
the unit price and the extension price are at variance, the unit price shall
prevail.
ETHICS IN PUBLIC PROCUREMENT
The
contract shall incorporate by reference, but shall not be limited to, the
provisions of law contained in Chapter 112, Florida Statutes. A person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services to a public
entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids
on leases or real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date
of being placed on the convicted vendor list.
The bidder certifies that its bid was made without collusion or fraud;
that it has not offered or received any kickbacks or inducements from any other
bidder, supplier, manufacturer, or subcontractor in connection with this bid;
and that it has not conferred on any public employee having official
responsibility for this procurement transaction any payment, loan,
subscription, advance, deposit of money, services, or anything of value.
EXCEPTIONS
Bidders
taking exception to any part or section of the solicitation shall indicate such
exceptions on the bid form or appendix. Failure to indicate any exception will be
interpreted as the bidder's intent to comply fully with the requirements as
written. Conditional or qualified bids,
unless specifically allowed, shall be subject to rejection in whole or in part.
EXPENSES INCURRED IN PREPARING BID
Pasco County
accepts no responsibility for any expense incurred by the bidder in the
preparation and presentation of a bid.
Such expenses shall be borne exclusively by the bidder.
FAILURE TO DELIVER
SEE ATTACHED AGREEMENT
FAILURE TO ENFORCE
Failure
by Pasco County at any time to enforce the
provisions of the contract shall not be construed as a waiver of any such
provisions. Such failure to enforce
shall not affect the validity of the contract or any part thereof or the right
of Pasco County to enforce any provision at any
time in accordance with its terms.
FAIR LABOR STANDARDS
By
submission of a bid, the bidder certifies that the contractor(s) and/or
subcontractor(s) providing product(s) or service(s) shall, in the execution or
performance of such a contract, maintain fair labor standards as defined in
applicable State and Federal regulations.
FORCE MAJEURE
SEE ATTACHED AGREEMENT
IDENTICAL BIDS
Identical
bids or bids which otherwise appear suspicious will be reported to the County Attorney
for investigation.
INDEMNIFICATION
SEE ATTACHED AGREEMENT
INDEPENDENT CONTRACTOR
SEE ATTACHED AGREEMENT
INFORMALITIES AND IRREGULARITIES
Pasco County
has the right to waive minor defects or variations of a bid from the exact
requirements of the specifications that do not affect the price, quality,
quantity, delivery, or performance time of the services being procured. If insufficient information is submitted by a
bidder with the bid for Pasco County to properly evaluate the bid, Pasco County
has the right to require such additional information as it may deem necessary
after the time set for receipt of bids, provided that the information requested
does not change the price, quality, quantity, delivery, or performance time of
the services being procured. The BCC
reserves the right to reject any or all bids in whole or in part; to award by
any item, group(s) of items, total bid, or accept the bid that is most
advantageous and in the best interest of Pasco County.
LIMITATION OF COST
The
contractor agrees to perform the work specified and complete all obligations
under the contract within the stated amounts.
NONAPPROPRIATION
SEE ATTACHED AGREEMENT
NONCONFORMING TERMS AND CONDITIONS
A bid
response that includes terms and conditions that do not conform to the terms
and conditions in the bid document is subject to rejection as
nonresponsive. Pasco
County reserves the right to permit
the bidder to withdraw nonconforming terms and conditions from its bid response
prior to a determination by Pasco
County of
nonresponsiveness based on the submission of nonconforming terms and
conditions.
NONDISCRIMINATION
By
submission of bid, the bidder certifies that the contractor(s) and/or
subcontractor(s) providing product(s) or service(s) shall not discriminate against
any employee or applicant for employment, to be employed in the performance of
such contract, with respect to his/her hire, tenure, terms, conditions, or
privileges of employment, because of his/her race, color, religion, sex,
disability, or national origin, as outlined in applicable State and Federal
regulations.
ORAL STATEMENTS
No
oral statement of any person shall modify or otherwise affect the terms,
conditions, or specifications stated in this contract. All modifications to the contract or purchase
order must be made in writing by Pasco
County.
PATENTS AND ROYALTIES
The
contractor covenants to save, defend, keep harmless, and indemnify Pasco County
and all of its officers, departments, agencies, agents, and employees from and
against all claims, loss, damage, injury, fines, penalties, and cost—including
court costs and attorney's fees, charges, liability, and exposure, however
caused—for or on account of any copyright or patented or unpatented invention,
process, or article manufactured or used in the performance of the contract,
including its use by Pasco County. If
the contractor uses any design, device, or materials covered by patent or
copyright, it is mutually agreed and understood without exception that the
contract price includes all royalties or costs arising from the use of such
design, device, or materials in any way in the work.
PAYMENT PROCEDURES
SEE
ATTACHED AGREEMENT
PAYMENT TERMS AND DISCOUNTS
SEE ATTACHED AGREEMENT
PROCUREMENT REGULATIONS
A
copy of the Pasco County Procurement Ordinance is available for review at Pasco
County Purchasing Department, 8919 Government
Drive, New Port Richey, Florida.
PUBLIC INFORMATION
Upon
public opening of all bids or proposals presented to Pasco County
as a result of this solicitation, any and all information contained therein is
considered public and may be reviewed by any persons interested in doing so.
QUALIFICATIONS OF BIDDERS
The
bidder may be required before the award of any contract to show to the complete
satisfaction of Pasco
County that it has the
necessary facilities, ability, and financial resources to provide the service
specified therein in a satisfactory manner.
The bidder may also be required to give a past history and references in
order to satisfy Pasco
County in regard to the
bidder's qualifications. Pasco County
may make reasonable investigations deemed necessary and proper to determine the
ability of the bidder to perform the work, and the bidder shall furnish to Pasco County
all information for this purpose that may be requested. Pasco
County reserves the right to reject
any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy Pasco County that the bidder is properly
qualified to carry out the obligations of the contract and to complete the work
described therein. Evaluation of the
bidder's qualifications shall include:
1.
The ability, capacity, skill, and financial
resources to perform the work or provide the service required.
2.
The ability of the bidder to perform the work or
provide the service promptly or within the time specified, without delay or
interference.
3.
The character, integrity, reputation, judgment,
experience, and efficiency of the bidder.
4.
The quality of performance of previous contracts
or services.
RECOVERY OF MONEY
SEE ATTACHED AGREEMENT
RIGHT TO AUDIT
The
contractor shall maintain such financial records and other records as they
relate to the purchase of goods and/or services by Pasco County
from the subject vendor. The contractor
shall retain these records for a period of three (3) years after final payment,
or until they are audited by Pasco
County, whichever event
occurs first. These records shall be
made available during the term of the contract and the subsequent three (3)
year period for examination, transcription, and audit by Pasco County,
its designees, or other authorized bodies.
RISK OF LOSS
Pasco County
shall be relieved from all risks of loss or damage to goods during periods of
transportation, manufacture, and the entire time the goods are in the
possession of Pasco County prior to acceptance by Pasco County. At such time, the risk of loss or damage for
goods shall pass to Pasco
County. The bidder/contractor shall not be
responsible for damage to the goods occasioned by negligence of Pasco County
or its employees.
TABULATIONS
Solicitation
results, plan holder lists, and related information may be retrieved from our
website: www.PascoCountyFL.net. Click on "Bids," click on
"closed solicitations," and look for the solicitation number in the
appropriate year. Solicitation results
will normally be available online within three (3) working days after
opening. Lengthy tabulations may not be
available online, but may be viewed in the Purchasing Department. Plan holder lists will normally be available
two (2) weeks prior to opening. Plan
holder lists will be posted once, based on the information at the time, and
will not be updated. Tabulations will
not be given over the telephone or via fax.
TAXES
SEE ATTACHED AGREEMENT
UNSATISFACTORY WORK
If,
at any time during the contract term, the service performed or work done by the
contractor is considered by Pasco County to create a condition that threatens
the health, safety, or welfare of the community, the contractor shall, on being
notified by Pasco County, immediately correct such deficient service or
work. In the event the contractor fails,
after notice, to correct the deficient service or work immediately, Pasco County
shall have the right to order the correction of the deficiency by separate
contract or with its own resources at the expense of the contractor. Notwithstanding the above, Pasco County
reserves the right to cancel a resulting contract, without cause, by giving
thirty (30) days' prior written notice to the contractor of the intention to
cancel.
END
OF GENERAL PROVISIONS
SPECIAL PROVISIONS
In
addition to the General Provisions of this solicitation, these Special
Provisions, along with the specifications that follow, apply in like force to
this solicitation and to any subsequent contract resulting therefrom.
CONTRACT TERM
The
contract period will begin on the date of BCC approval (estimated to be April
24, 2007) and continue for an estimated five (5) years, under the same prices,
terms, and conditions as in the original contract approved by the BCC, unless
canceled in writing by Pasco County. The
resulting contract may include a provision for an additional five (5) year
extension, upon mutual agreement. All
contracts are subject to the appropriation of funds by the BCC.
INSURANCE
REQUIREMENTS
SEE ATTACHED AGREEMENT
REQUIREMENTS CONTRACT
During
the period of the contract, the contractor shall provide all the services
described in the contract. The
contractor understands and agrees this is a requirements contract and Pasco County
shall have no obligation to the contractor if no services are required. Any quantities that are included in the scope
of work reflect the current expectations of Pasco County
for the period of the contract. The
amount is only an estimate and the contractor understands and agrees Pasco County
is under no obligation to the contractor to buy any amount of the services as a
result of having provided this estimate or of having any typical or measurable
requirement in the past. The contractor
further understands and agrees Pasco County may require services in an amount
less than or in excess of the estimated annual contract amount, and the
quantity actually used, whether in excess of the estimate or less than the
estimate, shall not give rise to any claim for compensation other than the
total of the unit prices in the contract for the quantity actually used.
END
OF SPECIAL PROVISIONS
SPECIFICATIONS
1. SCOPE
1.1 Scope: It is the intent of this specification to
describe required motor fuels and petroleum products, which will be purchased
in accordance with the attached Agreement on a multi-year, ongoing basis.
2. MINIMUM
REQUIREMENTS
2.1 MOTOR FUELS
2.1.1 The fuels listed on
the Bid Form shall be supplied.
2.1.2 Methanol
and/or ethanol blended fuels are not acceptable. Octane ratings may not be achieved by adding
an octane booster or other products subsequent to the refinery process.
2.1.3
All gasoline shall be volatile hydrocarbon fuel,
free from water and suspended matter, and suitable for use as fuel for internal
combustion engines. All fuel must meet
or exceed State of Florida
standards and specifications in-effect at the time of offering.
2.1.4
Ultra Low Sulfur Diesel Fuel oil shall be
provided at all fuel islands throughout the County. This fuel is intended for use in all automotive
high-speed/medium-speed engine applications.
The diesel fuel supplied under this specification shall be refined
hydrocarbon distillate fuel oil. The
feed stock from which the diesel fuel is refined shall be crude oil derived
from petroleum, tar sands, oil shale or mixtures thereof.
2.1.5
High Sulfur Off-Road Diesel Fuel oil shall be
used to refuel emergency generators throughout the County. This fuel is intended for use in industrial
and generator engine applications. The
diesel fuel supplied under this specification shall be refined hydrocarbon
distillate fuel oil. The feed stock from
which the diesel fuel is refined shall be crude oil derived from petroleum, tar
sands, oil shale or mixtures thereof.
2.1.6
The finished diesel fuel shall be visually free
from un-dissolved water, sediment and suspended matter, and shall be clear and
bright when tested in accordance with method A or B of ASTM D4176.
2.1.7
Diesel fuel stabilizer additives may be blended
into the diesel fuel when additional protection against deterioration is
required. These additives will perform
the following functions: antioxidant,
biocide, corrosion inhibition, dispersant, and metal deactivation.
2.1.8
The finished fuels shall conform to the current
and amended requirements adopted by the Florida Department of Agriculture and
Consumer Services for each of the respective fuels.
2.1.9
Should questions arise as to the quality of
products furnished, the County may conduct tests to ensure compliance. If it is determined that any furnished
product does not meet the subject specifications, terms or conditions, such
products must be removed in a timely manner by and at the vendor’s
expense. The vendor shall be liable for
any consequential damages, in addition to all fees or expenses related to
testing if a product fails.
2.1.10 Bidder
shall offer a fixed fee per gallon of fuel for the fuels listed on the
Bid Form, exclusive of all taxes. The
fixed fee will be adjusted periodically in accordance with the attached
agreement. The fixed fee will include ALL costs associated with handling and
transportation to delivery locations including, but not limited to, all
administrative charges, overhead, profit, etc.
2.1.11 Bidder shall also offer a fixed fee
per gallon of High Sulfur Off-Road Diesel Fuel Oil (Bid Form) for refueling of
emergency generators throughout the County, exclusive of all taxes. The fixed fee will be adjusted periodically
in accordance with the attached agreement.
The fixed fee will include ALL costs
associated with handling and transportation to delivery locations including,
but not limited to, all administrative charges, overhead, profit, etc.
2.2 PETROLEUM
PRODUCTS (NON-MOTOR FUEL)
2.2.1
The following petroleum products shall be
provided:
2.2.1.1 Multi-Purpose Automatic Transmission Fluid
(obsolete license Dexron III / Mercon):
Shall be a premium transmission oil meeting or exceeding the previously
licensed (prior to 1/1/07) General Motors and Ford Specification Dexron III /
Mercon Transmission Fluid, specifying Dexron III (H) / Mercon and further
meeting the requirements of Allison C-4, Caterpillar TO-2, Ford specification
Type F, Ford M2C33-F or M2C33-G, GMC vehicles using V, V-H and Super V
transmissions, Sundstrand and Eaton heavy duty transmissions.
2.2.1.2 Synthetic Transmission Fluids: Shall be a premium full synthetic
transmission oil meeting or exceeding the latest requirements of Allison TES
295 fluid, Audi Specs (5HP19FL), BMW ZF Specs (5HP18FL), Caterpillar, Chrysler
ATF+3 or ATF+4, Daewoo, Dexron III / Mercon, mercon V, Honda AFT-Z1, Huundai, Infiniti,
Isuzu, Jaguar ZF Spec (5HP24), Jeep, KIA, Lexus, Mazda, MAN 339F, Mercedes Benz
(all 236 Specs, ZF Spec 4hp20, Mitsubishi Diamond SP-II or SP-III, Nissan Matic
D-J & K, Opel, Peugeot ZF 4hp20, Porsche ZF Spec 5HP19FL, Renault, Saab,
Subaru, Toyota Type T – T III or T IV, Volkswagen FLA – ZF Spec 5HP19FL, Voith
G-607 ZF Spec TEML, Volvo ZF Spec TLML 09/11 and Original Equipment
Manufacturers (OEM) Continuous Variable Transmissions (CVT Fluids).
2.2.1.3 Tractor Hydraulic Fluid: Shall be a premium hydraulic fluid meeting or
exceeding the latest requirements of Allison C-3, C-4 or Caterpillar TO-2
fluids. Fluid shall meet or exceed
Dennison HF-0, HF-1 and HF-2, passes Vickers 35VQ25 and M-2952-S pump tests and
meets Vickers I-2986-S and M-2950 hydraulic requirements.
2.2.1.4 Anti-Wear Hydraulic Oil: AW 32, AW 46, AW 68, AW 100: Shall be a premium hydraulic oil meeting or
exceeding the latest requirements of Hagglunds-Denison HF-O, Vickers,
Cincinnati Lamb (formerly Cincinnati Machine) P-68 – 69 – 70, Lee-Norse,
Jeffery, Racine variable pumps, U.W. Steel and provide 2,500 hrs minimum
oxidation (ASTM 943-D Test).
2.2.1.5 15W40 Motor Oil (2007 Engines): Shall be a premium quality motor oil meeting
or exceeding the requirements of diesel and gasoline engines designed for use
in both turbocharged and naturally aspirated engines requiring API Service
Classification CJ-4, CI-4 Plus, CI-4, CH-4 / SM with a maximum sulfated ash of
1.0 meeting specifications of MIL-PRF-2104-G & H, Global DHD-1, Mack EO-O Premium
Plus 07, Detroit Diesel 93K218 & 93K15, ACEA E5/E3/B3/A3, Volvo VDS 4,
Navistar, Allison C-4, Caterpillar ECF-3, Cummins CES 2008 and Mercedes Benz
228.3.
2.2.1.6 15W40 Motor Oil (2006 and Older Engines): Shall be a premium quality motor oil meeting
or exceeding the requirements of diesel and gasoline engines designed for use
in both turbocharged and naturally aspirated engines requiring an API Service
Classification CI-4 Plus, CI-4, CG-4, CF-/SL with a maximum sulfated ash of 1.5
meeting specifications of MIL-PRF-2104-G, Global DHD-1, Mack EO-N Premium Plus
03, Detroit Diesel 93K214 (DDC Power Guard), ACEA E5/E3/B3/A3, Volvo VDS 3,
Navistar, Allison C-4, Caterpillar ECF-1, Cummins CES 2007 and Mercedes Benz
228.3.
2.2.1.7 85W140 Oil: Shall be a premium quality motor oil meeting
or exceeding the performance requirements of the latest API category GL-5, Mack
GO-H and GO-J.
2.2.1.8 Multi-Purpose Grease Tubes: Shall be a premium grease meeting or
exceeding NLGI Classification GC-LB, No. 2.
14-oz (net) tube.
2.2.1.9 Multi-Purpose Moly Grease (3% Molybdenum
Disulfide Content) EP-2 Lithium Complex Grease: Shall be a premium grease meeting or
exceeding NLGI Classification GC-LB, No. 2, designed for the severe lubrication
requirements characterized by heavy bearing shock loads with a minimum Timken
load of 60 lbs and a minimum dropping point of 500 degrees Fahrenheit.
2.2.1.10 Antifreeze: Shall be State of Florida approved.
2.2.2
Products offered must be State of Florida approved, if
applicable (i.e. antifreeze, brake fluid, etc.).
2.2.3
NO “HOUSE BRAND” PETROLEUM—LUBRICANT PRODUCTS
WILL BE ACCEPTED. ALL PRODUCTS OFFERED
MUST CARRY A MANUFACTURER’S WARRANTY THAT IS SUBSTANTIALLY THE FOLLOWING:
2.2.3.1 “. . . IF ANY EQUIPMENT AND/OR PARTS
ARE DAMAGED AS A DIRECT RESULT OF PRODUCT DEFICIENCY, THE MANUFACTURER WILL PAY
FOR REPAIRS TO SUCH EQUIPMENT AND/OR PARTS, PROVIDED THE EQUIPMENT AND/OR PARTS
WERE USED UNDER NORMAL OPERATING CONDITIONS
AND MAINTAINED ACCORDING TO THE EQUIPMENT MANUFACTURER’S RECOMMENDATIONS.
2.2.4
Bidder shall offer unit prices for the specified
products and provide the product name, number, etc. The unit prices for the products will be
adjusted in accordance with the attached agreement. The prices will include ALL costs associated
with handling and transportation to delivery locations including, but not
limited to, all administrative charges, overhead, profit, etc.
2.3 AGREEMENT
2.3.1 Please refer to the attached agreement for remaining terms,
conditions and specifications.
3. NOTES
3.1
A listing of fuel sites and related information
is attached as Exhibit A.
3.2
A listing of generator locations and related
information is attached as Exhibit B.
3.3
Pasco
County specifically
reserves the right to add or delete sites listed on Exhibits A and B, as
needed.
END
OF SPECIFICATIONS
BID FORM
Business
Name: ______________________________________________________________
PRODUCT
PRICING
|
Item
No.
|
Estimated
Annual
Quantity
|
Description
|
Unit
Price
|
Unit
|
Total
|
|
1.
|
1.3
Million Gallons
|
Regular
Unleaded Gasoline, 87 Octane Minimum (Gallon)
|
|
Fixed Fee*
|
|
|
2.
|
550,000
Gallons
|
Mid-Grade
Unleaded Gasoline, 89 Octane Minimum (Gallon)
|
|
Fixed
Fee*
|
|
|
3.
|
750,000
Gallons
|
Ultra
Low Sulfur No. 2 Diesel (Gallon)
|
|
Fixed Fee*
|
|
|
4.
|
19,500
Gallons
|
Emergency
Generator Refueling--
High
Sulfur Off-Road Diesel (Gallon)
|
|
Fixed
Fee**
|
|
|
5.
|
347
Gallons
|
Multi-Purpose
Automatic Transmission Fluid (55-Gallon Drum)
|
|
Gallon
|
|
|
6.
|
347
Gallons
|
Synthetic
Transmission Fluids
(55-Gallon
Drum)
|
|
Gallon
|
|
|
7.
|
554
Gallons
|
Tractor
Hydraulic Fluid
(55-Gallon
Drum)
|
|
Gallon
|
|
|
8.
|
1,040
Gallons
|
Anti-Wear
Hydraulic Oil (Bulk)
|
|
Gallon
|
|
|
9.
|
3,771
Gallons
|
15W40
Oil—2007 Engines (Bulk)
|
|
Gallon
|
|
|
10.
|
3,771
Gallons
|
15W40
Oil—2006 and Older Engines (Bulk)
|
|
Gallon
|
|
|
11.
|
60
Gallons
|
85W140
Oil (55-Gallon Drum)
|
|
Gallon
|
|
|
12.
|
1,150
Tubes
|
NLGI
No. 2 Grease Tubes
(14
oz Tubes)
|
|
Tube
|
|
|
13.
|
780
Pounds
|
Multi-Purpose
Moly 3% Grease
(400-lb
Drum)
|
|
Pound
|
|
|
14.
|
780
Pounds
|
Multi-Purpose
Moly 3% Grease
(120-lb
Container)
|
|
Pound
|
|
|
15.
|
425
Gallons
|
Antifreeze
(55 Gallon Drum)
|
|
Gallon
|
|
|
|
|
ESTIMATED ANNUAL TOTAL
|
|
|
|
*Fixed Fee in accordance with Paragraph No. 5 of the attached Agreement. **Fixed Fee in accordance with Paragraph No.
7 of the attached Agreement.
Business Name:
____________________________________________________________
DESCRIPTION
OF OFFERED PRODUCTS
|
Item
No.
|
Description
|
Products Offered
(Brand/Product Name/Product Number)
|
|
1.
|
Regular
Unleaded Gasoline, 87 Octane Minimum (Gallon)
|
|
|
2.
|
Mid-Grade
Unleaded Gasoline, 89 Octane Minimum (Gallon)
|
|
|
3.
|
Ultra
Low Sulfur No. 2 Diesel (Gallon)
|
|
|
4.
|
Emergency
Generator Refueling--
High
Sulfur Off-Road Diesel (Gallon)
|
|
|
5.
|
Multi-Purpose
Automatic Transmission Fluid (55-Gallon Drum)
|
|
|
6.
|
Synthetic
Transmission Fluids
(55-Gallon
Drum)
|
|
|
7.
|
Tractor
Hydraulic Fluid
(55-Gallon
Drum)
|
|
|
8.
|
Anti-Wear
Hydraulic Oil (Bulk)
|
|
|
9.
|
15W40
Oil—2007 Engines (Bulk)
|
|
|
10.
|
15W40
Oil—2006 and Older Engines (Bulk)
|
|
|
11.
|
85W140
Oil (55-Gallon Drum)
|
|
|
12.
|
NLGI
No. 2 Grease Tubes
(14
oz Tubes)
|
|
|
13.
|
Multi-Purpose
Moly 3% Grease
(400-lb
Drum)
|
|
|
14.
|
Multi-Purpose
Moly 3% Grease
(120-lb
Container)
|
|
|
15.
|
Antifreeze
(55 Gallon Drum)
|
|
Business Name:
____________________________________________________________
TAXES
APPLICABLE TO OFFERED PRODUCTS
|
TYPE
|
GASOLINE
|
DIESEL
|
|
Florida Excise Tax
|
|
|
|
Pasco County Local Option Tax
|
|
|
|
Florida Inspection Fee
|
|
|
|
Federal Oil Spill Tax
|
|
|
|
Florida Pollutants Control Tax
|
|
|
|
Florida Gasoline LUST/KERO Diesel Tax
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
"We
offer to sell/provide Pasco County,
Florida, the above item(s) and/or
service(s) at the price(s) stated, in accordance with the terms and conditions
contained herein. In addition, the
item(s) and/or service(s) offered above meet all specifications contained
herein or attached, unless otherwise stipulated by exception. This offer to sell/provide is firm for ninety
(90) days."
_________________________________________
(Signature of Bidder—Ink)
_________________________________________
(Printed Name and Title)
_________________________________________
(Business Name)
Receipt of Addendum No. _______________ through
No. _______________ is acknowledged.
Business Name: _______________________________________________________________
(The Name on File with
the Internal Revenue Service)
Doing Business as (Fictitious
Name): ______________________________________________
Business Organization:
Corporation:
Partnership: General Limited
Limited Liability Company (LLC):
State Registered In: __________________________ Year:
________________________
Sole Proprietorship: Owner: ______________________________________________
Other:
____________________________________________________________________
Telephone: ___________________________________________________________________
Facsimile: ____________________________________________________________________
Address: _____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Date: ________________________________, ________
|
FUEL SITE CHART
|
|
LOCATION AND TELEPHONE NO.
|
TANK#
|
TANK SIZE
|
TANK CAP.
|
FDEP
|
DISPENSER
|
PUMP NO.
|
FUEL TYPE
|
|
|
|
|
|
|
|
|
FAC.NO.
|
|
|
|
|
D&E Maintenance Garage
|
|
|
|
|
|
|
|
|
|
7530
Little Road
|
|
|
1
|
12,000
|
10,800
|
518630208
|
10
dispensers
|
2-3,
4-5, 8-9, 10-11
|
Unleaded
|
|
New
Port Richey, Fl 34654
|
|
2
|
12,000
|
10,800
|
|
1
fast fill
|
1,
6, 7, 12
|
Diesel
|
|
|
|
|
|
3
|
6,000
|
5,400
|
|
|
13-14
|
Midgrade
|
|
727-847-8965 -
Building Phone
|
|
4
|
6,000
|
5,400
|
|
|
15-16
|
Midgrade
|
|
727-847-8775 - Fuel Island
Emerg. Phone
|
|
|
|
|
|
|
|
|
727-847-8099 -
Computer Phone
|
|
total:
36,000 gal.
|
total:
32,400 gal.
|
|
|
total:
11 pumps
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Jackson Building
|
|
|
1
|
6,000
|
5,400
|
518519980
|
3 dispensers
|
1-2
|
Midgrade
|
|
37312 Howard Avenue
|
|
2
|
6,000
|
5,400
|
|
|
3-4
|
Unleaded
|
|
Dade City, Fl 33525
|
|
|
3
|
6,000
|
5,400
|
|
|
5
|
Diesel
|
|
|
|
|
|
|
|
|
|
|
|
|
|
352-521-5255
- Fuel Island Emerg. Phone
|
|
|
|
|
|
|
|
|
352-521-5143
- Computer Phone
|
|
|
total:
18,000 gal.
|
total:
16,200 gal.
|
|
|
total:
3 pumps
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Fire Station #16 (EMS)
|
|
1
|
3,000
|
2,700
|
518519837
|
3
dispensers
|
1-2
|
Midgrade
|
|
34335
Chancey Road
|
|
2
|
3,000
|
2,700
|
|
|
3-4
|
Unleaded
|
|
Zephyrhills,
Fl 33540
|
|
3
|
3,000
|
2,700
|
|
|
5
|
Diesel
|
|
|
|
|
|
|
|
|
|
|
|
|
|
813-782-4987
- Building Phone
|
|
|
|
|
|
|
|
|
|
813-929-1245
- Fuel Island Phone
|
|
|
|
|
|
|
|
|
813-929-1244
- Computer Phone
|
|
|
total:
9,000 gal.
|
total:
8,100 gal.
|
|
|
total:
3 pumps
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C-Barn Maintenance Garage
|
|
1
|
3,000
|
2,700
|
518630211
|
3
dispensers
|
1-2
|
Diesel
|
|
30906 Warder Road
|
|
|
2
|
3,000
|
2,700
|
|
1
fastfill
|
3-4
|
Unleaded
|
|
San Antonio, Fl 33576
|
|
3
|
3,000
|
2,700
|
|
|
5
|
Diesel
|
|
|
|
|
|
4
|
12,000
|
10,800
|
|
|
|
Diesel
|
|
352-588-0054
- Building Phone
|
|
5
|
12000
|
10,800
|
|
|
|
Unleaded
|
|
352-521-5254
- Fuel Island Emerg. Phone
|
|
|
|
|
|
|
|
|
352-521-5154
- Computer Phone
|
|
|
total:
33,000 gal.
|
total:
29,700 gal.
|
|
|
total:
4 pumps
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sheriff's Maintenance Garage
|
1
|
3,000
|
2,700
|
519300131
|
3
dispensers
|
5
|
Diesel
|
|
19415 Central Blvd.
|
|
|
2
|
3,000
|
2,700
|
|
1
fastfill
|
3-4
|
Unleaded
|
|
Land
O'Lakes, Fl 34639
|
|
3
|
3,000
|
2,700
|
|
|
1-2
|
Midgrade
|
|
|
|
|
|
4
|
12,000
|
10,800
|
|
|
|
Diesel
|
|
813-235-6095
- Building Phone
|
|
5
|
12,000
|
10,800
|
|
|
|
Unleaded
|
|
Co.
Ext. Only 6279 - Fuel
Island Phone
|
6
|
12,000
|
10,800
|
|
|
|
Midgrade
|
|
Co.
Ext. Only 6078 - Computer Phone
|
|
total:
45,000 gal.
|
total:
40,500 gal.
|
|
|
total:
4 pumps
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Fire Station #20
|
|
|
1
|
4,000
|
3,600
|
518630628
|
1
dispenser
|
1
|
Diesel
|
|
15900
Little Ranch Road
|
|
|
|
|
|
|
|
|
|
Brooksville,
Fl 34610
|
|
|
|
|
|
|
|
|
|
727-856-5519
- Building Phone
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
total:
4,000 gal.
|
total:
3600 gal.
|
|
|
total:
1 pump
|
|
|
|
|
|
|
|
145,000
|
130,500
|
|
|
|
as of: 3/7/05
|
EXHIBIT A—Fuel Site Listing
EXHIBIT B—Emergency Generator Listing
|
Fueling area
|
County ID #
|
LocationName
|
Make
|
Model #
|
Killowatts
|
Fuel Type
|
Tank Capacity
(Gals)
|
|
0
|
28865
|
PORTABLE ON TRAILER
|
Onan
|
60DGCB
|
60
|
Diesel
|
90
|
|
Central
Pasco
|
18436
|
LOL DETENTION CENTER (JAIL)
|
Caterpillar
|
3512 TA
|
1500
|
Diesel
|
2200
|
|
Central
Pasco
|
18865
|
LIFT STATION 1-436
VILLAGEBROOK
|
Onan
|
175DFEL
|
175
|
Diesel
|
400
|
|
Central
Pasco
|
20445
|
LIFT STATION 1-349 WILLOW BEND
|
Onan
|
175DFGB
|
175
|
Diesel
|
400
|
|
Central
Pasco
|
21942
|
WWTP ODESSA
|
Kohler
|
250R0ZD
|
250
|
Diesel
|
200
|
|
Central
Pasco
|
21944
|
WWTP WESLEY CENTER
|
Caterpillar
|
3512
|
600
|
Diesel
|
3000
|
|
Central
Pasco
|
24088
|
LIFT STATION 3-363 LAKE PADGETT
|
Caterpillar
|
SR-4B
|
438
|
Diesel
|
500
|
|
Central
Pasco
|
29242
|
FIRE STATION 26
|
GENERAC
|
4501820100
|
80
|
Diesel
|
900
|
|
Central
Pasco
|
29243
|
FIRE STATION #32
|
GENERAC
|
4282340100
|
80
|
Diesel
|
900
|
|
Central
Pasco
|
31883
|
9930 LOL BLVL LOL
|
GENERAC
|
SD080
|
80
|
Diesel
|
450
|
|
Central
Pasco
|
F0152
|
QUAIL RIDGE WELL
|
Ford
|
BSD4441-6005E
|
|
Diesel
|
125
|
|
Central
Pasco
|
F0155
|
LAND O' LAKES JAIL
|
Caterpillar
|
Water pump
|
|
Diesel
|
300
|
|
Central
Pasco
|
F0164
|
LIFT STATION 1-419 (OFF CR
581)
|
Caterpillar
|
SR4
|
480
|
Diesel
|
500
|
|
Central
Pasco
|
F0195
|
WWTP SHADY HILLS (SLUDGE
FACILITY)
|
Caterpillar
|
SR4
|
1134
|
Diesel
|
3000
|
|
Central
Pasco
|
F0235
|
LOL JAIL (NEXT TO F0155)
|
Onan
|
7.5DKDFD
|
7.5
|
Diesel
|
300
|
|
Central
Pasco
|
F0239
|
LIFT STATION 1-453 WESLEY
CHAPEL
|
Kohler
|
200 KW
|
410
|
Diesel
|
400
|
|
Central
Pasco
|
F0242
|
WWTP LAND O' LAKES
|
Cummins
|
DFLC4493704
|
1250
|
Diesel
|
9000
|
|
Central
Pasco
|
F0256
|
BALLENTRAE LIFT STATION
|
KOHLER
|
230REOZV
|
240
|
Diesel
|
400
|
|
Central
Pasco
|
F0257
|
17001 LIBERTY WAY
|
KOHLER
|
230REOZ JB
|
230
|
Diesel
|
400
|
|
Central
Pasco
|
F0258
|
7501 BOYETTE ROAD WESLEY
CHAPEL
|
ONAN
|
1250 DCLF
|
1250
|
Diesel
|
3000
|
|
Central
Pasco
|
F0259
|
|
ONAN
|
1000DFHD
|
1000
|
Diesel
|
2700
|
|
East
Pasco
|
11399
|
Triby well field
|
Winpower
|
DRA 30 h 4-J
|
30
|
Diesel
|
110
|
|
East
Pasco
|
15300
|
DADE CITY FAIRGROUNDS
|
Kohler
|
Portable
|
5
|
Diesel
|
|
|
East
Pasco
|
20928
|
WELL SITE OAKS ROYAL
|
Caterpillar
|
Olympian 3
|
196
|
Diesel
|
270
|
|
East
Pasco
|
20929
|
PALMVIEW GARDENS
WELL SITE
|
Caterpillar
|
Olympian 3
|
196
|
Diesel
|
270
|
|
East
Pasco
|
21306
|
LIFT STATION 1-606 OAKS ROYAL
|
Generac
|
96A
|
175
|
Diesel
|
200
|
|
East
Pasco
|
21943
|
LAKE BERNADETTE WELL SITE
|
Onan
|
125DGFB
|
125
|
Diesel
|
500
|
|
East
Pasco
|
22272
|
LIFT STATION 1-348 LAKE PADGETT
|
Generac
|
Olympian
|
100
|
Diesel
|
500
|
|
East
Pasco
|
22527
|
BLANTON WELL
|
Generac
|
98A
|
50
|
Diesel
|
280
|
|
East
Pasco
|
22528
|
LIFT STATION 4-629 TROPICAL
ACRES
|
Onan
|
175DGBF
|
175
|
Diesel
|
250
|
|
East
Pasco
|
22534
|
PORTABLE - PARKED AT C-BARN
|
Kato Lite
|
D500FRV4
|
500
|
Diesel
|
450
|
|
East
Pasco
|
24895
|
LIFT STATION 1-439 NORTHWOOD
|
Generac
|
Series 2000
|
180
|
Diesel
|
468
|
|
East
Pasco
|
27364
|
JACKSON BUILDING
|
Generac
|
2881810100
|
150
|
Diesel
|
1000
|
|
East
Pasco
|
28733
|
HICKORY HILL WELL
|
Katolight
|
SED60FJJ4
|
60
|
Diesel
|
230
|
|
East
Pasco
|
29234
|
BETMAR ACRES OFF DEAN DAIRY RD
|
Kohler
|
100ROZJ71
|
100
|
Diesel
|
135
|
|
East
Pasco
|
29257
|
WELL SITE @ ONE
PASCO CENTER
|
GENERAC
|
ENR 180
|
180
|
Diesel
|
380
|
|
East
Pasco
|
30800
|
37301 FLORIDA AVE.
DADE CITY
|
GENERAC
|
ENR-080
|
80
|
Diesel
|
1350
|
|
East
Pasco
|
F0144
|
DATA CENTER
|
Onan
|
200DFBC
|
200
|
Diesel
|
750
|
|
East
Pasco
|
F0165
|
WWTP SOUTHEAST
|
Caterpillar
|
600KW
|
600
|
Diesel
|
3000
|
|
East
Pasco
|
F0166
|
FIRE STATION #16 (FUEL ISLANDS)
|
Onan
|
40-DGAE
|
40
|
Diesel
|
256
|
|
East
Pasco
|
F0167
|
FLEET MAINT. GARAGE (C-BARN
FUEL)
|
Onan
|
125-DGEA
|
125
|
Diesel
|
256
|
|
East
Pasco
|
F0231
|
PUBLIC HEALTH UNIT
|
Kohler
|
50ROZJ
|
55
|
Diesel
|
165
|
|
East Pasco
|
F0238
|
LIFT STATION 3-565 NEW RIVER LIBRARY
|
Kohler
|
300ROZD
|
410
|
Diesel
|
500
|
|
East
Pasco
|
F0240
|
LAKE JOVITA
|
Kohler
|
200 kw
|
120
|
Diesel
|
200
|
|
East
Pasco
|
F0245
|
SUNBURST HILLS WELL #2
|
Onan
|
DGFC5001015
|
|
Diesel
|
300
|
|
East
Pasco
|
F0246
|
LIFT STATION (LAKE
JOVITA PUMP STATION)
|
Kohler
|
KCT150RE023B
|
150
|
Diesel
|
270
|
|
East
Pasco
|
F0247
|
WWTP SOUTHEAST
|
Caterpillar
|
3412
|
825
|
Diesel
|
3,000
|
|
East
Pasco
|
F0249
|
CHARLES "BO" HARRISON BLDG.
|
Onan
|
DFCB-5641015
|
330
|
Diesel
|
675
|
|
West
Pasco
|
11413
|
FLEET MAINT. BLDG. (D&E
FUEL)
|
Onan
|
120 DJC
|
12
|
Diesel
|
75
|
|
West
Pasco
|
11499
|
WTP LITTLE ROAD
|
Caterpillar
|
PTO
|
|
Diesel
|
225
|
|
West
Pasco
|
16491
|
WWTP DEER PARK
|
Caterpillar
|
SR-4
|
664
|
Diesel
|
500
|
|
West
Pasco
|
16994
|
WWTP EMBASSY HILLS
|
Onan
|
150KW
|
150
|
Diesel
|
165
|
|
West
Pasco
|
17303
|
LIFT STATION 8-87 TIMBER OAKS
|
Caterpillar
|
175
|
175
|
Diesel
|
250
|
|
West
Pasco
|
17304
|
LIFT STATION 20-64 SEA PINES
|
Generac
|
175
|
196
|
Diesel
|
250
|
|
West
Pasco
|
18864
|
LIFT STATION 8-67 BEACON
WOODS
|
Kohler
|
R0ZJ71
|
180
|
Diesel
|
250
|
|
West
Pasco
|
18866
|
LIFT STATION 8-19 HOLIDAY LAKES EST.
|
Kohler
|
180 ROZI 71
|
180
|
Diesel
|
265
|
|
West
Pasco
|
19558
|
EMERGENCY COMMUNICATIONS CTR.
(911)
|
DMT
|
DMT400CI
|
400
|
Diesel
|
1350
|
|
West
Pasco
|
20930
|
LIFT STATION 10-17 BEACON
SQUARE
|
Caterpillar
|
Olympian 3
|
196
|
Diesel
|
270
|
|
West
Pasco
|
22158
|
LIFT STATION BEACON SQUQRE
|
Generac
|
97A03125-3
|
60
|
Diesel
|
300
|
|
West
Pasco
|
24082
|
LIFT STATION 1-43 FOREST
HILLS
|
Generac
|
99A
|
180
|
Diesel
|
468
|
|
West
Pasco
|
24083
|
LIFT STATION 2-175 PINE RIDGE
|
Generac
|
99A
|
180
|
Diesel
|
450
|
|
West
Pasco
|
27161
|
LEACHATE PLANT BEHIND RES.
RECOV.
|
Generac
|
2707960200
|
175
|
Diesel
|
500
|
|
West
Pasco
|
27162
|
LIFT STATION 4-42 LA VILLA GARDENS
|
Generac
|
2707980300
|
175
|
Diesel
|
345
|
|
West
Pasco
|
27365
|
PUBLIC WORKS/UTILITIES
BUILDING
|
Generac
|
2881810100
|
150
|
Diesel
|
100
|
|
West
Pasco
|
27726
|
PARKED AT C BARN
|
Katolight
|
D150FXJ4
|
150
|
Diesel
|
150
|
|
West
Pasco
|
27805
|
LIFT STATION 5-112 SEVEN
SPRINGS
|
Generac
|
3052990200
|
180
|
Diesel
|
372
|
|
West
Pasco
|
29240
|
FIRE STATION #10
|
GENERAC
|
450182100
|
80
|
Diesel
|
900
|
|
West
Pasco
|
29241
|
FIRE STATION #14
|
GENERAC
|
4501820100
|
80
|
Diesel
|
900
|
|
West
Pasco
|
29244
|
FIRE STATION #21
|
GENERAC
|
4302000100
|
80
|
Diesel
|
900
|
|
West
Pasco
|
29256
|
LIFT STATION 1-133 HERITAGE
PINES
|
GENERAC
|
ENR180
|
180
|
Diesel
|
380
|
|
West
Pasco
|
30330
|
LIFT STATION 6-68 BEACON
WOODS
|
KATOLIGHT
|
D 180 FJJ 4 T 2
|
180
|
Diesel
|
375
|
|
West
Pasco
|
31761
|
8744 GOVERNMENT DRIVE
|
DETROIT DIESEL
|
R1237M36
|
660
|
Diesel
|
3600
|
|
West
Pasco
|
31797
|
7220 OSTEEN ROAD
|
KATOLIGHT
|
SED150FP54T2-30116
|
150
|
Diesel
|
190
|
|
West
Pasco
|
31881
|
4602 MILE STRECH ROAD
|
GENERAC
|
SD080
|
80
|
Diesel
|
450
|
|
West
Pasco
|
31882
|
2951 SEVEN SPRINGS BLVD
|
GENERAC
|
SD080
|
80
|
Diesel
|
450
|
|
West
Pasco
|
31884
|
38316 SR 575/TRILBY ROAD
|
GENERAC
|
SD080
|
80
|
Diesel
|
450
|
|
West
Pasco
|
F0064
|
LIFT STATION 2-82 VIVA VILLAS
|
Caterpillar
|
3406
|
380
|
Diesel
|
400
|
|
West
Pasco
|
F0156
|
WWTP LITTLE ROAD
|
Caterpillar
|
SR-4
|
825
|
Diesel
|
2700
|
|
West
Pasco
|
F0157
|
WWTP EMBASSY HILLS
|
Caterpillar
|
SR-4
|
825
|
Diesel
|
3600
|
|
West Pasco
|
F0158
|
WWTP HUDSON
|
Caterpillar
|
SR4
|
825
|
Diesel
|
3600
|
|
West
Pasco
|
F0210
|
SCALE HOUSE- RESOURCE
RECOVERY
|
Onan
|
15RDJCB
|
15
|
Diesel
|
31.5
|
|
West
Pasco
|
F0232
|
WEST
PASCO GOVT.
CTR. (BASEMENT)
|
Kohler
|
2500
|
350
|
Diesel
|
250
|
|
West
Pasco
|
F0250
|
LIFT STATION 1-143 RIVER
RIDGE
|
Spectrum 160
|
150DSEJB
|
150
|
Diesel
|
500
|
|
West
Pasco
|
F0251
|
EMERGENCY COMMUNICATIONS CTR.
(911)
|
Cummins
|
nta 855-g5
|
400
|
Diesel
|
4000
|
|
West
Pasco
|
F0252
|
WWTP SOUTHWEST
|
CATERPILLIAR
|
FCA-24-10-2211U
|
450
|
Diesel
|
600
|
|
West
Pasco
|
F0264
|
7530 LITTLE ROAD NPR
|
KOHLER
|
350RE0ZV
|
360
|
Diesel
|
450
|
|
West
Pasco
|
GE017
|
LITTLE ROAD WATER PLANT
|
Onan
|
6DJB
|
6
|
Diesel
|
|
|
West
Pasco
|
n/a (WREC)
|
1 GOVT. CENTER, NPR (WREC TO
TOP OFF)
|
|
|
|
Diesel
|
1000
|
|
West
Pasco
|
n/a (WREC)
|
2 GOVT. CENTER, NPR (WREC TO
TOP OFF)
|
|
|
|
Diesel
|
1000
|
|
West
Pasco
|
n/a (WREC)
|
1 HUDSON HS SHELTER (WREC TO TOP OFF)
|
|
|
|
Diesel
|
1000
|
|
West
Pasco
|
n/a (WREC)
|
2 HUDSON HS SHELTER (WREC TO TOP OFF)
|
|
|
|
Diesel
|
1000
|
|
West
Pasco
|
n/a (WREC)
|
1 RIVER RIDGE HS SHLETER
(WREC TO TOP OFF)
|
|
|
|
Diesel
|
1000
|
|
West
Pasco
|
n/a (WREC)
|
2 RIVER RIDGE HS SHLETER
(WREC TO TOP OFF)
|
|
|
|
Diesel
|
1000
|
AGREEMENT FOR SUPPLY OF MOTOR FUELS AND PETROLEUM
PRODUCTS
BETWEEN PASCO COUNTY, FLORIDA,
AND __________________________
THIS AGREEMENT by and between PASCO COUNTY,
FLORIDA, a political subdivision of the State of Florida, acting by and through
its Board of County Commissioners (hereinafter referred to as ‘PASCO COUNTY”),
and ______________________________, whose address is
_________________________________________________________ (hereinafter referred
to as "SUPPLIER").
WHEREAS,
PASCO COUNTY desires to purchase fuel and petroleum products to support
day-to-day COUNTY operations and the COUNTY’S required response to emergency
events that affect the public’s health, welfare and protection of property; and
WHEREAS, SUPPLIER desires to provide
fuel and petroleum products and render certain services as described herein,
and the SUPPLIER hereby certifies it has the facilities, capability,
qualifications, experience, staff, and resources to provide these goods and
services; and
NOW, THEREFORE, in consideration of
the mutual covenants and agreements hereinafter contained, the parties hereto
agree as follows:
1. PRODUCT AND QUANTITY (MOTOR FUEL). SUPPLIER agrees to sell and deliver to PASCO COUNTY
such quantities of SUPPLIER'S motor fuel, (gasoline and/or diesel fuel) as PASCO COUNTY
may require at PASCO COUNTY’S fueling sites throughout Pasco County, Florida. PASCO
COUNTY agrees to utilize
SUPPLIER as its primary source of motor fuel.
It is expressly understood and agreed that SUPPLIERS prices and
quantities of motor fuel sold to PASCO
COUNTY are based on NET
gallons.
2. PRODUCT
AND QUANTITY (EMERGENCY GENERATOR MOTOR FUEL). SUPPLIER agrees to sell and deliver to
PASCO COUNTY
such quantities of SUPPLIER’S emergency generator fuel as PASCO
COUNTY may require at various
locations throughout Pasco County,
FL. PASCO
COUNTY agrees to utilize
SUPPLIER as its primary source of motor fuel for emergency generators. It is expressly understood and agreed that
SUPPLIER’S prices and quantities of emergency generator fuel sold to PASCO COUNTY
are based on METERED gallons.
3. PRODUCT
AND QUANTITY (NON-MOTOR FUEL/PETROLEUM PRODUCTS). SUPPLIER agrees to sell and deliver to PASCO COUNTY
such quantities of SUPPLIER’S various types of oil, hydraulic fluid, grease and
antifreeze for the Fleet Maintenance Operations. PASCO
COUNTY agrees to utilize
SUPPLIER as its primary source of non-motor fuel/petroleum products including,
but not limited to, various types of oil, hydraulic fluid, grease and
antifreeze.
4. MOTOR
FUEL SOLD AND DELIVERED. The motor
fuel sold to PASCO
COUNTY shall be the
brands and grades regularly offered to SUPPLIER’S customers in the geographical
area in which the business is located.
No deliveries will be accepted during any period of time, which will
cause interruption of service or operations.
PASCO COUNTY fueling facilities will make
available to the SUPPLIER ease of accessibility to the facilities’ fuel
drops. SUPPLIER shall not be required to
make deliveries in less than twenty-four (24) hours (but not longer than
forty-eight (48) hours following receipt of PASCO COUNTY’S order), outside of
SUPPLIER’S regular business hours, on Saturday, Sunday or Holidays, with the
exception of emergency events as defined by Pasco County. Deliveries will be coordinated through the
Pasco County Fleet Management Department.
5. PRICE
(MOTOR FUEL). The purchase price to
be paid by PASCO COUNTY shall be computed by adding a fixed fee of $__________
per gallon, for Regular Unleaded Fuel (minimum 87 octane), a fixed fee of
$__________ per gallon for Mid-Grade Unleaded Fuel (minimum 89 octane), and
$__________ per gallon, for Ultra Low Sulfur Diesel Fuel, to the published daily
OPIS average for PAD 1, Tampa, Florida.
The fixed fee will remain firm for the first year of the contract. Beginning on ___________________________, the
fixed fees indicated above shall be adjusted for subsequent contract years
based on the movement in average fuel prices, including taxes, as compiled by
the Fleet Management Department in its Fuel Price Records for the appropriate
time frame. The fixed fee will be
increased or decreased by Pasco
County, upon written
request of the vendor, in an amount no more than the percentage of movement
(and direction) in the average price for Regular Unleaded Fuel, Mid-Grade
Unleaded Fuel, and the average price for Ultra Low Sulfur Diesel for the twelve
(12) month period ending December 31st. The fixed fee will include ALL costs
associated with handling and transportation to delivery locations including,
but not limited to, all administrative charges, overhead, profit, etc. If fuel must be pumped, the SUPPLIER shall be
entitled to a fee of $_________ per “pump off” location. If this agreement is extended beyond the
initial five (5) year term, the charge to pump fuel will increase to $_________
per “pump off” location and remain firm through the end of the agreement. No
“drop” or “split load” fees will be allowed for combined product loads of 2,500
gallons or more.
6. EMERGENCY
GENERATOR FUEL DELIVERED. Emergency
Generator Fuel will be delivered to emergency generator locations as specified
and upon request by PASCO
COUNTY. The SUPPLIER will make delivery within 24 to
48 hours.
7. PRICE (EMERGENCY GENERATOR FUEL). The purchase price to be paid by PASCO COUNTY
shall be computed by adding a fixed fee of $________ per gallon (High Sulfur
Off-Road Diesel), for non-emergency fueling, and $________ per gallon (High
Sulfur Off-Road Diesel), for fueling during emergency events, to the published daily OPIS average for PAD 1,
Tampa, Florida. The fixed fee will
remain firm for the first year of the contract.
Beginning on _________________, the fixed fees indicated above shall be
adjusted based on the movement in average fuel prices as compiled by the Fleet
Management Department in its Fuel Price Records for the appropriate time
frame. The fixed fee will be increased
or decreased by Pasco
County, upon written
request of the vendor, in an amount no more than the percentage of movement
(and direction) in the average price for High Sulfur Off-Road Diesel for the
twelve (12) month period ending December 31st. The fixed fee will include ALL costs
associated with handling and transportation to delivery locations including,
but not limited to, all administrative charges, overhead, profit, etc. . No ADDITIONAL “drop” or “split load” fees
will be allowed.
8. NON-MOTOR
FUEL/PETROLEUM DELIVERED. Petroleum
products shall be delivered to the locations specified and upon request by PASCO COUNTY. The SUPPLIER will make all deliveries between
the hours of 8:00 AM and 5:00 PM, unless otherwise directed by Pasco County.
9. PRICE
(NON-MOTOR FUEL/PETROLEUM PRODUCTS).
The SUPPLIER agrees to provide the products specified herein. The purchase prices to be paid shall be:
Non-Motor Fuel/Petroleum Product Pricing
(Table A)
|
Item No.
|
Description
|
Unit of
Measure
|
Brand
|
Unit
Price
|
|
1
|
|
|
|
|
|
2
|
|
|
|
|
|
3
|
|
|
|
|
|
4
|
|
|
|
|
|
5
|
|
|
|
|
|
6
|
|
|
|
|
|
7
|
|
|
|
|
|
8
|
|
|
|
|
|
9
|
|
|
|
|
|
10
|
|
|
|
|
|
11
|
|
|
|
|
|
12
|
|
|
|
|
|
13
|
|
|
|
|
|
14
|
|
|
|
|
|
15
|
|
|
|
|
The above
prices may be adjusted throughout the contract term, based on documented
manufacturer increases. The prices will
be increased or decreased by Pasco
County, upon written
request of the vendor, in an amount equal to the manufacturer’s price
adjustment. The prices will include ALL
costs associated with handling and transportation to delivery locations
including, but not limited to, all administrative charges, overhead, profit,
etc.
10. RESERVED.
11. ALLOCATION.
If at any time, the
volume of motor fuel the SUPPLIER has available for sale and delivery to PASCO
COUNTY is less than the volume needed to satisfy all of SUPPLIER’S customers’
demands, due to a shortage of supply from SUPPLIER’S primary fuel supplier,
other regular sources of supply, or in the overall market, it is understood and
agreed that SUPPLIER will give priority to PASCO COUNTY if this occurs. Because of PASCO
COUNTY’S public safety needs, SUPPLIER
will allocate and distribute enough fuel to satisfy PASCO COUNTY’S
essential and operational needs, as requested during emergency operations.
12. FAILURE
TO DELIVER. The obligation of the
parties to deliver and receive motor fuel hereunder shall be suspended and
excused if SUPPLIER and/or it’s primary supplier is prevented from or delayed
in the production, manufacture, transportation or delivery of any motor fuel or
the materials from which motor fuel is manufactured; or if CUSTOMER is
prevented from receiving motor fuel at their fueling sites because of acts of
God, earthquake, fire, flood or the elements, malicious mischief, riots,
strikes, lockouts, boycotts, picketing, labor disputes or disturbance, war or
compliance with any directive, order or
regulation of any governmental authority or representative thereof acting under
claim or color of authority; or because of loss or shortage of any motor fuel
or of any part of SUPPLIER’S and/or it’s primary supplier’s own or customary
transportation or delivery facilities; or because of a known or suspected leak
in the motor fuel storage tanks or piping; or for any reason beyond SUPPLIER’S
or it’s primary supplier’s reasonable control, whether or not similar to the
foregoing.
In the event of SUPPLIER’S failure to deliver the
goods and services in accordance with the Contract terms and conditions, absent
the above excuses and conditions for suspension, PASCO COUNTY
may procure the goods and services from other sources and hold the SUPPLIER
responsible for any resulting additional costs.
Such a failure to deliver will result in immediate termination of a
resulting Contract, and may disqualify SUPPLIER from doing business with PASCO COUNTY
for a maximum of three (3) years. These
remedies shall be in addition to any other remedies that Pasco County
may have available.
13. PAYMENT
PROCEDURES. The Pasco County Board
of County Commissioners has adopted Resolution No.
95-70, incorporating its Invoice Payment Procedures Policy in order to help
ensure that vendors providing goods and/or services to the Board receive payment
in a timely manner and in accordance with Chapter 218, Part VII, Florida
Statutes, (the Florida Prompt Payment Act).
A copy of Resolution N. 95-70 (which includes the policy is available
for viewing during normal business hours at the Office of the Pasco County
Clerk of the Circuit Court; 38053 Live Oak Avenue; Department of Secretarial
Services, Room 205; Dade City, Florida 33525.
Copies of the Resolution may be obtained at a cost of $1.20. Please make your check payable to Jed
Pittman, Clerk of the Circuit Court, and forward payment to the Department of
Secretarial Services at the address noted above. For further information, please call (352)
521-4347. Several payment options are
available to the SUPPLIER, upon receipt of a correct invoice:
1.
Check may be
mailed to the remit address on the invoice.
The check is sent to the post office the day after Board approval.
2.
Check may be
picked up in Dade
City. The SUPPLIER must pick up the check the day
after Board approval. The SUPPLIER must
call (352) 521-4599 for detailed instructions.
3.
Payment may
be wire-transferred to the SUPPLIER’S bank account. The SUPPLIER must call (352) 521-4599 for
detailed instructions.
14. PAYMENT
TERMS. Payment for the goods and services specified herein shall be due
within thirty (30) days from the
date a correct invoice and correct supporting documentation, is received
by Clerk of Circuit Court. Payments are
considered effective on the date payment is mailed, wire-transferred to the
SUPPLIER’S bank, or made available for pick up.
15. INDEMNIFICATION OF THE COUNTY.
A. SUPPLIER shall indemnify and save PASCO
COUNTY, its Commissioners, officers, agents, employees, harmless from and
against any claim, damages, costs, including attorney's fees, or causes of
action of whatsoever kind or nature, whether direct, indirect or consequential,
including, but not limited to, bodily injury, sickness, disease or death,
infringement of copyright or patent, or injury to or destruction of property,
including loss of use, which claims arise out of or are related to or in any
way connected with this Agreement, provided such claim is caused by the
negligent error, omission, act, or failure to act of SUPPLIER, its agents,
servants or employees in the performance of services under this Agreement. The SUPPLIER shall not indemnify PASCO COUNTY
for any negligence of PASCO
COUNTY'S employees or
agents. This indemnity shall include,
but not be limited to, charges of attorneys, legal assistants, and other
professionals, and costs of both defense and appeal in a court of law or other
tribunal, for any reason.
B. The SUPPLIER'S indemnification
obligation under the provision shall not be limited in any way to the
consideration hereunder, the agreed upon prices as shown in any Purchase Order
issued pursuant to this Contract, or any other agreed payment or compensation
amount, nor shall this indemnification be limited due to the SUPPLIER'S lack of
sufficient insurance protection. The
SUPPLIER hereby acknowledges and expressly agrees that the compensation to be
paid to the SUPPLIER by PASCO
COUNTY pursuant to this
Contract specifically includes compensation as consideration for the
indemnification provided herein.
16. INVOICING. Invoices must include, as separate line
items, the following minimum information:
1. Description/Type of Fuel/Product
2. Quantity
3. Date/Location of Fuel Delivery
4. Price-per-gallon, unit prices, excluding taxes.
5. Itemized list and amounts of applicable taxes.
6. Total amount due.
A copy of the Daily OPIS Average from which the prices are
calculated must accompany the invoice.
17. NONAPPROPRIATION. All funds for payment by PASCO COUNTY
under this contract are subject to the availability of an annual appropriation
for this purpose by Pasco
County. In the event of nonappropriation of funds by
Pasco County for the services provided under the Contract, Pasco County will
terminate the Contract, without termination charge or other liability, on the
last day of the then current fiscal year or when the appropriation made for the
then current year for the services covered by this Contract is spent, whichever
event occurs first.
If at any time funds are not appropriated for the
continuance of this Contract, cancellation, shall be accepted by the SUPPLIER
on thirty (30) days prior written notice, but failure to give such notice shall
be of no effect and Pasco
County shall not be
obligated under this Contract beyond the date of termination.
18. RECOVERY
OF MONEY. Whenever, under the
contract, any sum of money shall be recoverable from or payable by the SUPPLIER
to Pasco County,
the same amount may be deducted from any sum due the SUPPLIER under the
contract or under any other contract between the SUPPLIER and Pasco County. The rights of Pasco
County are in addition and without
prejudice to any other right Pasco
County may have to claim
the amount
of any loss or damage suffered by Pasco County
on account of the acts or omissions of the SUPPLIER.
19. TAXES.
All
applicable taxes will be added after the fixed fee per gallon is
established. Taxes not included in the
posted terminal price include, but are not limited to, Florida Excise Tax,
Local Option Tax, Federal Oil Spill Tax, Florida Pollutants Control Tax, LUST and Florida Inspection
Fee. In the event other governmental
nonexempt taxes are imposed that are not included in the posted terminal price,
they will also be added after the fixed fee per gallon is established. Should any taxes be raised, the applicable
new rate will be used. All payments will
include the applicable taxes, although they will not be calculated in the
initial averaging figures or total figures for taxes of award. Should a dispute arise over the correct tax
rate or applicable add-on taxes, the State of Florida, Department of Revenue
(or the respective governmental agency), will be requested to issue an official
position, which shall then become final and binding on all parties to the
Contract.
All revenues found to be due and payable shall be
calculated on a retroactive basis to the date the tax was imposed.
Applicable Taxes
(Table B)
|
TYPE
|
GASOLINE
|
DIESEL
|
|
Florida Excise Tax
|
|
|
|
Pasco County Local Option Tax
|
|
|
|
Florida Inspection Fee
|
|
|
|
Federal Oil Spill Tax
|
|
|
|
Florida Pollutants Control Tax
|
|
|
|
Florida Gasoline LUST/KERO Diesel Tax
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
20. TERMINATION.
Failure
of the SUPPLIER to comply with any of the provisions of this Contract shall be
considered a material breach of contract and shall be cause for immediate
termination of the Contract at the sole discretion of PASCO COUNTY. In the event of such termination, and in
addition to all other legal remedies available to PASCO
COUNTY, PASCO COUNTY
reserves the right to obtain from another source the goods and services
specified herein and hold the SUPPLIER responsible for any resulting additional
costs for up to sixty (60) days from the date of termination.
21. INSURANCE REQUIREMENTS.
A. The SUPPLIER shall not commence any work
pursuant to this agreement until satisfactory proof of all insurance required
hereunder has been provided to and approved by PASCO COUNTY. It shall be the responsibility of the
SUPPLIER to ensure that all SUB-CONTRACTORS performing services pursuant to
this agreement comply with the insurance requirements of this provision. The SUPPLIER shall furnish to the PASCO COUNTY
certificate(s) of insurance in the form required by PASCO
COUNTY and, if requested by the PASCO COUNTY,
SUPPLIER shall provide certified copies of all required insurance
policies. The certificate(s) of
insurance shall clearly indicate that the SUPPLIER has obtained insurance of
the type, amount, and classification required for strict compliance with this
agreement and that no reduction in coverage or in limits, suspension, or
cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the PASCO
COUNTY. All certificate(s) of insurance shall be
signed by a person authorized by that insurer to bind coverage on its
behalf. Each insurance policy required
by this agreement shall be endorsed to state that coverage shall not be
suspended, voided, cancelled, reduced in coverage or in limits, except after
thirty (30) days prior written notice by certified mail (return receipt
requested) has been given to the PASCO COUNTY to the attention of the Pasco
County Risk Manager, West Pasco Government Center, 7530 Little Road, New Port
Richey, Florida 34654. In the event any
insurance coverage expires prior to the expiration of this agreement, a renewal
certificate shall be issued thirty (30) days prior to said expiration. Compliance with the foregoing requirements
shall not relieve the SUPPLIER of any liability and/or other obligations
pursuant to this agreement. Neither
approval by the PASCO
COUNTY, nor a failure to
disapprove insurance certificates or policies furnished by the SUPPLIER, shall
release the SUPPLIER from full responsibility of all liability or its
obligations under this agreement.
B. All insurance policies shall be issued
by responsible companies authorized to do business under the laws of the State
of Florida. Said insurance companies shall have an
"A" policyholders' rating, have a financial rating of at least Class
VIII in accordance with the most current Best Key Rating Guide, and shall be
satisfactory to the COUNTY. Policies of
insurance required by this agreement shall be primary insurance with respect to
the COUNTY, its officials, agents, or employees. Any insurance or self-insurance maintained by
the COUNTY or its officials, agents, or employees, shall be in excess of the
SUPPLIER'S insurance and shall not contribute with it. All policies of insurance required by this
agreement, except Workers' Compensation and Errors and Omissions Liability,
shall specifically provide that Pasco County, Florida, a political subdivision
of the State of Florida,
by and through its Board of County Commissioners and its officials, agents, or
employees shall be "additional insureds" under the policy. The insurance coverage and limits provided
herein are designed to meet the minimum requirements of the COUNTY. Any deductibles or self-insured retentions
must be declared and approved by PASCO
COUNTY and are the
responsibility of the SUPPLIER. The
minimum kinds and limits of coverage to be carried by the SUPPLIER throughout
the Effective Period shall be as follows:
a. Workers' Compensation and Employer's
Liability:
Coverage
shall be for the statutory limits in compliance with the applicable State and
Federal laws. The policy must include
employer's liability with a limit of $100,000.00 each accident. The insurer shall agree to waive all rights
of subrogation against the PASCO
COUNTY, its officials,
agents, and employees. In case any
employee is engaged in any hazardous work pursuant to this agreement and is not
protected under the Workers' Compensation statute, the SUPPLIER and any
SUBCONTRACTORS shall provide for adequate insurance coverage to protect these
employees.
b. Comprehensive General Liability:
Comprehensive
general liability shall include premises and/or operations, products and/or
competed operations, broad form property damage, xcu coverage, independent
contractors, and contractual liability, and shall be written on an
"occurrence basis."
Bodily
injury and personal injury, including death:
$1,000,000.00
each person
$3,000,000.00
aggregate
Property
damage:
$1,000,000.00
each occurrence
$3,000,000.00
aggregate
c. Comprehensive Automobile Liability:
Comprehensive
automobile liability shall include owned vehicles, hired, and non owned
vehicles, and employees' non ownership.
Bodily
injury and personal injury, including death:
$1,000,000.00
combined single limit
Property
damage:
$1,000,000.00
combined single limit
22. NOTICE. Any notice required or permitted to be
given under this agreement shall be in writing and shall be deemed properly
given and served when delivered to the other party by regular mail, certified
mail, private carrier service or hand delivered at the address set forth herein
or such other addresses that shall have been last designated in writing.
23. APPLICABLE LAW. The Contract shall be governed in all
respects by the laws of the State of Florida,
and any litigation with respect thereto shall be brought in the courts of Pasco County, Florida. The SUPPLIER shall comply with all applicable
Federal, State and local laws and regulations.
Lack of knowledge by the SUPPLIER will in no way be a cause for relief
from responsibility.
24. FORCE MAJEURE. The SUPPLIER shall not be held responsible
for failure to perform the duties and responsibilities imposed by the Contract
due to legal strikes, fires, riots, rebellions, and acts of God beyond the
control of the SUPPLIER, unless otherwise specified in the Contract.
25. SUCCESSORS AND ASSIGNS. The COUNTY and SUPPLIER respectively, bind
themselves, their partners, successors, assigns, and legal representatives to
the other party to the Contract and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of this
Contract. Neither the COUNTY nor the
SUPPLIER shall assign or transfer any interest in this Contract without the
written consent of the other.
26. ENTIRE CONTRACT. This Contract cancels and supersedes, as of
the commencement date hereof, all prior Contracts between the parties covering
the sale and delivery of motor fuel and/or diesel motor fuel, emergency
generator fuel, non-motor fuel/petroleum products at the place of business
specified above and sets forth all the terms and conditions agreed upon by the
parties hereto. The terms of this
Contract are not to be changed except by written modification executed by both
parties hereto, and neither party is, nor shall be bound by any inducement,
statement, representation, promise or agreement not continued herein.
27. TERM. The initial term of this Contract
is for five (5) years commencing on the _________________________, 2007 and
expiring on _________________________ 2012, unless otherwise terminated as
provided herein.
28. AGREEMENT
EXTENSION. SUPPLIER and PASCO COUNTY
may extend this Agreement for one additional five (5) year term upon the same
terms as set forth herein, provided both parties mutually agree in writing at
least sixty (60) days prior to the expiration of the initial agreement
term. If mutual agreement is not reached
and confirmed in writing as indicated above, the agreement will expire in
accordance with Paragraph Twenty-Seven (27).
29.
INDEPENDENT
CONTRACTOR. Neither PASCO COUNTY nor any of its
employees shall have any control over the conduct of SUPPLIER or any of
SUPPLIER'S employees, except as herein set forth, and SUPPLIER expressly
warrants not to represent at any time or in any manner that SUPPLIER or any of
SUPPLIER'S agents, servants or employees are in any manner agents, servants or
employees of PASCO COUNTY.
It is
understood and agreed that SUPPLIER is, and shall at all times remain as to
PASCO COUNTY, a wholly independent contractor and that SUPPLIER'S obligations
to PASCO COUNTY are solely as prescribed by this Contract.
30. WAIVER OF BREACH. Waiver
by either party of a breach of any provision of this agreement shall not be
deemed as a waiver of any other breach and shall not be construed to be a
modification of the terms of this agreement.
IN WITNESS WHEREOF, the parties have caused these
premises to be executed by their duly authorized representatives on this
______day of ____________________ 2006.
PURCHASING DEPARTMENT
PURCHASING DEPARTMENT