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Agenda 09/12/2017 Item #16E809/12/2017 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) No. 17 -7147 “Motor Oils, Lubricants, and Fluids” to Safety Kleen Systems Inc., Palmdale Oil Company, Edison Oil Company, Flamingo Oil Corporation, and Howell Oil Company. OBJECTIVE: To provide reliable and efficient motor oils, lubricants, and fluids that enhance the County’s capabilities to provide effective public services. CONSIDERATIONS: The Collier County Fleet Management Division maintains over 2900 County vehicles and motorized equipment items that require oil and lubrication for continuing operation and extended life cycles. The oils and lubricants must meet or exceed specifications for modern engines, transmissions, hydraulic systems, rear ends, particulate filters and any ot her fluids used to maintain the County’s equipment. The supplier(s) must guarantee these specifications and deliver needed quantities within one (1) business day as stated in the solicitation. On June 6, 2017, the Procurement Services Division released notices of Invitation to Bid (ITB) No. 17- 7147 to 367 vendors for Motor Oils, Lubricants, and Fluids. Thirty (30) bid packages were downloaded, and six (6) bids were received on July 6, 2017. Procurement staff determined the lowest responsive and responsible bidders per line item to be Safety Kleen Systems Inc., Palmdale Oil Company, Edison Oil Company, Flamingo Oil Corporation, and Howell Oil Company. Advanced Stores Company rescinded their bid on July 20, 2017. A Purchase Order, with the County’s standard terms and conditions, will be issued for this award. The award term is for one (1) year with four (4) one-year renewal options. If delivery requirements of one (1) business day cannot be met by the awarded lowest vendor, the County will utilize the next lowest bidder on each line. If staff requires an item that is not included in the approved tabulation, staff will quote the new items among all the awarded vendors and award to the lowest responsive/responsible vendor. FISCAL IMPACT: Funds for Fleet Management service requirements are budgeted annually in the Fleet Management Fund 521 operating budget. Total expenditures under this contract are estimated at $85,000 annually. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To award ITB #17-7147 “Motor Oils, Lubricants, and Fluids” to Safety Kleen Systems Inc., Palmdale Oil Company, Edison Oil Company, Flamingo Oil Corporation, and Howell Oil Company. PREPARED BY: Dan Croft, Director, Fleet Management Division ATTACHMENT(S) 1. 17-7147 ITB Motor Oils and Lubricants_Solicitation (PDF) 2. 17-7147 Bid Tabulation (PDF) 3. 17-7147 NORA (PDF) 16.E.8 Packet Pg. 1813 09/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.8 Doc ID: 3622 Item Summary: Recommendation to award Invitation to Bid (ITB) No. 17-7147 “Motor Oils, Lubricants, and Fluids” to Safety Kleen Systems Inc., Palmdale Oil Company, Edison Oil Company, Flamingo Oil Corporation, and Howell Oil Company. Meeting Date: 09/12/2017 Prepared by: Title: Operations Coordinator – Fleet Management Name: Salma Nader 08/14/2017 4:12 PM Submitted by: Title: Division Director - Fleet Management – Fleet Management Name: Dan Croft 08/14/2017 4:12 PM Approved By: Review: Fleet Management Dan Croft Additional Reviewer Completed 08/14/2017 4:22 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 08/15/2017 8:34 AM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 08/16/2017 9:00 AM Procurement Services Sandra Herrera Additional Reviewer Completed 08/18/2017 4:22 PM Procurement Services Sandra Herrera Additional Reviewer Completed 08/18/2017 4:22 PM Procurement Services Swainson Hall Additional Reviewer Completed 08/21/2017 9:57 AM Procurement Services Viviana Giarimoustas Additional Reviewer Completed 08/21/2017 10:58 AM Grants Kimberly Lingar Level 2 Grants Review Completed 08/21/2017 11:29 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/29/2017 2:50 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/30/2017 10:55 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/30/2017 11:03 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 08/30/2017 11:49 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2017 2:41 PM Grants Therese Stanley Additional Reviewer Completed 08/30/2017 4:40 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/02/2017 11:30 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM 16.E.8 Packet Pg. 1814 GRANT FUNDED INVITATION TO BID Date: 6/6/17 From: Viviana Giarimoustas (239) 252-8375, Telephone Number VivianaGiarimoustas@colliergov.net, Email Address To: Prospective Vendors Subject: Solicitation: 17-7147 Motor Oils and Lubricants As requested by the Fleet Management Department, the Collier County Board of County Commissioners Procurement Services Division has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County’s competitive procurement process. Our new address is 3295 Tamiami Trail East, Naples Florida 34112 #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 1 16.E.8.a Packet Pg. 1815 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Invitation to Bid Index PUBLIC NOTICE ...................................................................................................................................................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................................... 4 EXHIBIT II: GENERAL BID INSTRUCTIONS ................................................................................................................ 7 EXHIBIT III: STANDARD PURCHASE ORDER TERMS AND CONDITIONS .................................................................. 10 EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS ....................................................................................... 13 ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ................................................................................... 21 ATTACHMENT 2: VENDOR’S CHECK LIST ............................................................................................................... 22 ATTACHMENT 3: VENDOR RESPONSE FORM ........................................................................................................ 23 ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION........................................................................ 25 ATTACHMENT 5: VENDOR SUBSTITUTE W – 9 ...................................................................................................... 26 ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS ............................................................................ 27 EXHIBIT I.A: GRANTING AGENCY REQUIREMENTS ................................................................................................ 29 #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 2 16.E.8.a Packet Pg. 1816 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Public Notice Sealed bid responses for Solicitation 17-7147 Motor Oils and Lubricants, will be received electronically only on the County’s on line bidding system found at www.colliergov.net/bid until 3:00 p.m. Collier County local time on 7/6/17. ITB responses received after the stated time and date will not be accepted. A non-mandatory pre-bid conference will be held on June 22, 2017, commencing promptly at 10:00 AM and held at Fleet Management, 2901 County Barn Road, Naples, FL 34112. Brief Description of Purchase The County is seeking to establish a contract with a qualified vendor to purchase motor oils, lubricants and fluids for over 750 on-road vehicles and 2000 equipment items maintained by the County’s Fleet Management Department. The contract will include both bulk and packaged products. Historically, County departments have spent approximately $85,000. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Procurement Services Division Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Procurement Services Division Online Bidding System may not be accurate or current. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division Publicly posted on the Collier County Procurement Services website: www.colliergov.net/purchasing and in the lobby of the Procurement Services Building on 6/6/17. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 3 16.E.8.a Packet Pg. 1817 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Fleet Management Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Department (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Product Quality Collier County requires original equipment manufacturer (OEM) quality lubricants and fluids to maintain its vehicles and equipment. Engine oils, lubricants, and fluids provided under this contract shall comply with API Engine Service Classification and SAE Crankcase Oil Viscosity Classification System and other specified requirements called for under these bid specifications. By signing the bid proposal, the vendor certifies that the engine oils, greases, fluids, and lubricants meet or exceed vehicle or equipment warranty requirements. When owner’s manual recommendations for API classification, SAE viscosity, and oil change and lubrication intervals are followed, the vendor will assume all responsibility for engine or component damage resulting from faulty oil, greases, fluids, or lubricants supplied in accordance with this contract. The vendor shall notify the County in writing of any changes to API or SAE product specifications for changes of brands during the contract period. Product Specifications/Estimated Annual Requirements The products listed below are those principally used by Fleet Management but are not inclusive of all products that will be purchased under this contract. The annual quantities are good faith estimates based on previous purchases. Actual purchase quantities may vary. The County makes no guarantee of any minimum or maximum purchase quantities under this agreement. Product Specification Est. Annual Requirements Motor Oil SAE 15W40 (Bulk) 19,000 quarts SAE 15W40 (Quarts) 1,500 quarts SAE 5W30 (Bulk) 5,000 quarts SAE 5W30 (Quarts) 500 quarts Hydraulic Oil AW , ISO 68 (Bulk) 1,500 quarts Hydraulic Oil Shell Tellus T-22 (or equivalent) 250 quarts Automatic MERCON V (Bulk) 1300 quarts Transmission Fluid Automatic Valvoline Max Life Dex/Merc 2,500 quarts Transmission Fluid (or equivalent) Automatic Allison-Transynd (or equivalent) 1,600 quarts Transmission Fluid Gear Oil Synthetic 80W140 – 5 gallon 1,500 quarts #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 4 16.E.8.a Packet Pg. 1818 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Tractor Chevron 1000 THF 2,000 quarts Hydraulic Fluid Grease, NLGI-2 GC-LB 150 - # Automotive EP Gear Oil API-GL5 or MT-1 (85W140) 100 gallons Delivery Requirements Products ordered from this agreement shall be delivered by the vendor within one (1) business day to all of the below locations listed below as designated by the County. If the delivery time cannot be met, the vendor shall notify the County immediately. Fleet Management County Barn Maintenance Facilities 2901 County Barn Road Naples, FL 34112 Fleet Management Immokalee Maintenance Facilities 402 Sgt. Joe Jones Road Immokalee, FL 34142 Fleet Management Davis Blvd. Maintenance Facilities 4800 Davis Boulevard Naples, FL 34104 Fleet Management Radio Road Maintenance Facilities 8300 Radio Road Naples, FL 34104 Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County’s Procurement Department reserves the right to clarify a vendor’s proposal prior to the award of the solicitation. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to award to multiple awardees. • The County reserves the right to issue a formal contract or standard Purchase Order for the award of this solicitation. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 5 16.E.8.a Packet Pg. 1819 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) • It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) in accordance with the following methodology: To award by line item to more than one firm. Term of Contract If an award(s) is made it is intended to be for one (1) year with four (4) one (1) year renewal options. Requests for any price adjustments will only be considered at contract renewal time, and must be based on documented manufacturer increases and/or decreases. Surcharges or delivery fees will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable Event Date Issue Solicitation Notice 6/6/17 Last Date for Receipt of Written Questions 6/26/17, 3:00 PM, Naples Local Time Non-mandatory pre-solicitation meeting 6/22/17, 10:00 AM, Naples Local Time at 2901 County Barn Road Naples, FL. 34112 Solicitation Deadline Date and Time 7/6/17, 3:00 PM, Naples Local Time Anticipated Evaluation of Submittals 7/10/17 – 7/14/17 Anticipated Board of County Commissioner’s Contract Approval Date September Vendor Required Documents • Attachment 2: Vendor’s Check List • Attachment 3: Vendor Response Form • Attachment 4: Immigration Law Affidavit Certification • Attachment 5: Vendor Substitute W – 9 • Attachment 6: Insurance and Bonding Requirements • Exhibit I.A: Granting Agency Requirements • E-Verify company profile page or memorandum of understanding • Excluded Parties List System Documentation located at: www.sam.gov, and select SEARCH. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 6 16.E.8.a Packet Pg. 1820 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”) with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the “Vendor”. All bids must be submitted on the Bid forms furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 3. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled “EXCEPTIONS TO SPECIFICATIONS”. Failure to indicate any exceptions shall be interpreted as the Vendors intent to fully comply with the specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of bid response. 4. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 7 16.E.8.a Packet Pg. 1821 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) 5. Bid Submission Electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 6. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 7. Protests Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. 8. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 9. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Procurement Services Division. 10. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 8 16.E.8.a Packet Pg. 1822 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) 11. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. 12. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be posted outside the offices of the Procurement Services Division as well as on the Collier County Procurement Services Division website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Services Division Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the “Protest Policy” is available at the office of the Procurement Director. 13. Grant Funded Purchases Vendors submitting proposals for this purchase must validate that they are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Information for the former “Excluded Parties List System” may be found at the System for Award Management (SAM) website at www.sam.gov, and select SEARCH. This is a free web-site which consolidates Federal procurement systems and the Catalog of Federal Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been migrated into SAM. 14. Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 9 16.E.8.a Packet Pg. 1823 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 10 16.E.8.a Packet Pg. 1824 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 11 16.E.8.a Packet Pg. 1825 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 12 16.E.8.a Packet Pg. 1826 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance, as amended. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor’s non-performance. 5. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 13 16.E.8.a Packet Pg. 1827 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 8. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2) (a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 14 16.E.8.a Packet Pg. 1828 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector’s Office at (239) 252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County’s project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 12. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 13. Invoice and Payments The County’s project manager reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). Payments are made in accordance with the established practices above and Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: • Purchase Order Number #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 15 16.E.8.a Packet Pg. 1829 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) • Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional – payment by check, wire transfer or other cash equivalent. • Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7147 Motor Oils and Lubricants will survive and #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 16 16.E.8.a Packet Pg. 1830 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 17 16.E.8.a Packet Pg. 1831 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 16. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division with an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder’s / vendor’s proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 17. Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 18 16.E.8.a Packet Pg. 1832 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 18. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County’s representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 19. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 20. Storage Tank Installation and Closure Requirements The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor’s submittal for permitting. 21. 62-761.300 Applicability 1) General Requirements: #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 19 16.E.8.a Packet Pg. 1833 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) a) Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than110 gallons that contain or contained: i) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 ii) Pollutants or hazardous substances after December 10, 1990; or iii) Regulated substances in unmaintained storage tank systems. b) This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only-not required by this Chapter). 22. 62-762.301, F.A.C. Applicability 1) General Requirements: a) Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. b) Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401(1)-(2), F.A.C. c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891, F.A.C. 23. Definitions 62-761.200(11) and 62-762.201(16), F.A.C.: “County” means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.201(62), F.A.C.: “Pollutants” includes any “product” as defined in Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62-761.200(51) and 62-762.201(65), F.A.C.: “Product” as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62-761(73) and 62-762(84), F.A.C.: “Vehicular fuel” means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 20 16.E.8.a Packet Pg. 1834 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Attachment 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Procurement Services Division, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 17-7147 Motor Oils and Lubricants Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Other reason(s): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Firm’s Complete Legal Name __________________________________________________ Address __________________________________________________ City, State, Zip __________________________________________________ Telephone Number __________________________________________________ FAX Number __________________________________________________ Signature / Title __________________________________________________ Type Name of Signature __________________________________ Date: ______ #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 21 16.E.8.a Packet Pg. 1835 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Attachment 2: Vendor’s Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. All granting agency requirements have been met including submittal of required forms. 6. Any required drawings, descriptive literature, etc. have been included. 7. Any delivery information required is included. 8. If required, the amount of bid bond has been checked, and the bid bond or cashier’s check has been included. 9. Addendum have been signed and included, if applicable. 10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.gov. 11. Immigration Affidavit and a copy of the company’s E-Verify profile page or memorandum of understanding. 12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. Company Name Signature & Title Date #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 22 16.E.8.a Packet Pg. 1836 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Attachment 3: Vendor Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 17-7147 Motor Oils and Lubricants Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following. * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: _____% _____ Days; Net Days Bid Response Form is electronic. Please input your prices online in the Bid Schedule attachment provided. Note: The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 23 16.E.8.a Packet Pg. 1837 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of ______________, 201__ in the County of _______________, in the State of ______. Firm’s Complete Legal Name __________________________________________________ Firm’s Dun and Bradstreet Number (DUNS) (Found at www.dnb.com) __________________________________________________ CCR # or CAGE Code (Found at www.ccr.gov) __________________________________________________ Florida Certificate of Authority Document Number (http://www.sunbiz.org) Federal Tax Identification Number __________________________________________________ Address __________________________________________________ City, State, Zip __________________________________________________ Telephone Number __________________________________________________ FAX Number __________________________________________________ Check one of the following: Sole Proprietorship Corp or P.A. State of _________________ Limited Partnership General Partnership Signature / Title __________________________________________________ Type Name of Signature __________________________________________________ Date __________________________________________________ **************************************************************************************************** Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm’s Complete Legal Name _______________________________________________________ Address _______________________________________________________ City, State, Zip _______________________________________________________ Contact Name _______________________________________________________ Telephone Number _______________________________________________________ FAX Number _______________________________________________________ Email Address _______________________________________________________ #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 24 16.E.8.a Packet Pg. 1838 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Attachment 4: Immigration Law Affidavit Certification Solicitation # and Title : 17-7147 Motor Oils and Lubricants This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 25 16.E.8.a Packet Pg. 1839 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Attachment 5: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (includin g social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to yo ur business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ___________________________________________________________________________________ (as shown on income tax return) Business Name ___________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City _______________________________________________ State ______________________________________ Zip ________________________________________________ Telephone __________________ FAX ______________________ Email __________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip ______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ____________________________________________________ Date _____________________________ Title _______________________________________________________ Phone Number _____________________ #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 26 16.E.8.a Packet Pg. 1840 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Attachment 6: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $500,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $500,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ 1,000,000 Per Occurrence Professional Liability $__________ Per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 27 16.E.8.a Packet Pg. 1841 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Employee Dishonesty / Crime $__________ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. RLC 5/25/2017 Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 28 16.E.8.a Packet Pg. 1842 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Exhibit I.A: Granting Agency Requirements #17-7147 Motor Oils and Lubricants G\Current Solicitations – Template\Grant Funded ITB Template_02132017 29 16.E.8.a Packet Pg. 1843 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-1 FEDERAL TRANSIT ADMINISTRATION The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts ( e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. 16.E.8.a Packet Pg. 1844 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-2 FEDERAL CONTRACT PROVISIONS FLY AMERICA REQUIREMENTS (Applies to subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • “United States” means the 50 States, the District of Columbia, and outlying areas. • “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.- flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: _____________________________________________ e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. CARGO PREFERENCE REQUIREMENTS (Applies to subcontracts) Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. ENERGY CONSERVATION REQUIREMENTS (Applies to subcontracts at every tier) 16.E.8.a Packet Pg. 1845 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-3 (Applies to subcontracts at every tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS (Applies to subcontracts OVER $150,000 at every tier) The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at every tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 16.E.8.a Packet Pg. 1846 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-4 RECYCLED PRODUCTS Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247. The list of EPA-designated items is available at: www.epa.gov/epawaste/conserve/tools/cpg/products/ Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. NO GOVERNMENT OBLIGATION TO THIRD PARTIES (Applies to subcontracts at every tier) (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD OR FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION (Applies to subcontracts at every tier in excess of $10,000) a. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the COUNTY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the Contractor will account for the same, and dispose of it in the manner the COUNTY directs. 16.E.8.a Packet Pg. 1847 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-5 b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its 16.E.8.a Packet Pg. 1848 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-6 agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The contractor, within [10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. i. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. 16.E.8.a Packet Pg. 1849 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-7 j. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close- out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Applies to subcontracts) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the COUNTY. If it is later determined by the COUNTY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. PRIVACY ACT The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government 16.E.8.a Packet Pg. 1850 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-8 before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS AND EQUAL OPPORTUNITY(Applies to subcontracts at every tier) The following requirements apply to the underlying contract: The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 16.E.8.a Packet Pg. 1851 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-9 BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts at every tier over $150,000) Disputes - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision-making authority and by OWNER’S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of the vendor with full decision-making authority and by OWNER’S staff person who would make the presentation of any settlement reached at mediation to OWNER’S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at every tier) It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)–assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT – assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE’s who are: 1. Certified by the Florida Unified Certification Program; or 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit’s goal for DBE participation is 1.6%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the 16.E.8.a Packet Pg. 1852 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-10 performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor’s DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY’s prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit’s DBE Program can be found at CAT’s website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to subcontracts) 16.E.8.a Packet Pg. 1853 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.A FEDERAL CONTRACT PROVISIONS FCP-11 The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 16.E.8.a Packet Pg. 1854 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 1 GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE, M/WBE or VETERAN Participation Statement (No Separate Contract Goal has been established for this procurement) 5. Acknowledgement of Grant Terms and Conditions 16.E.8.a Packet Pg. 1855 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 2 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. __________________________ ________________________________________ Name Project Name __________________________ ________________________________________ Title Project Number __________________________ ________________________________________ Firm Tax ID Number ________________________________________ DUNS Number _________________________________________________________________________ Street Address, City, State, Zip __________________________________ Signature 16.E.8.a Packet Pg. 1856 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 3 COLLIER COUNTY Certification Regarding Lobbying The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104- 65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Name of Authorized Official Title Signature of Vendor/Contractor's Authorized Official Date 16.E.8.a Packet Pg. 1857 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 4 COLLIER COUNTY Conflict of Interest Certification _______________________ Collier County Solicitation No. I, ________________________________________, hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 16.E.8.a Packet Pg. 1858 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 5 16.E.8.a Packet Pg. 1859 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 6 COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a cop y of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterl y report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name ______________________________ Date __________________ Authorized Signature ___________________________________________________________ Address _____________________________________________________________________ Solicitation/Contract # ____________________________ 02/15 R3 16.E.8.a Packet Pg. 1860 Attachment: 17-7147 ITB Motor Oils and Lubricants_Solicitation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Project Manager: Michael BurksProcurement: Viviana GiarimoustasOpened: 7‐6‐2017Witness: Brenda Brilhart17‐7147 Motor Oils, Lubricants, and FluidsNotifications Sent: 367 Downloaded: 30Submissions: 6 Line Description Packaging UnitVirgin OilsRecycled Oils Virgin OilsRecycled Oils Virgin OilsRecycled Oils Virgin OilsRecycled Oils Virgin OilsRecycled Oils Virgin Oils Recycled Oils1Motor Oil: Heavy Duty, API CK‐4 multi‐grade, SAE 15W40Case (expressed as a case equals 12 each at 32 oz)32 oz$1.91 $2.40 $2.36 $1.98 $2.58 3.992Motor Oil: Heavy Duty,10W‐30 Synthetic Blend meets the API CK‐4Bulk Delivery (expressed in Gallons)1 Gallon$5.80 $5.09 $5.67 $7.77 $5.973Motor Oil: Heavy Duty,10W‐30 Synthetic Blend meets the API CK‐455 Gallon Drum (expressed in Gallons)1 Gallon$7.09 $5.62 $9.97 $8.17 $6.274Motor Oil: Heavy Duty,10W‐30 Synthetic Blend meets the API CK‐4Case (expressed as a case equals 12 each at 32 oz)32 oz$2.40 $2.36 $3.52 $4.15 5.33Palmdale Oil CompanyEdison Oil Co¹ Advance Auto Parts²Safety Kleen SystemsFlamingo Howell OilLegend : Awarded VendorsVirgin OilsRecycled Oils5Motor Oil Synthetic Blend, API, ILSAC GF5, SM, SL, meeting Ford WSS‐M2C929‐A specification, SAE 5W‐30Bulk Delivery (expressed in Gallons)1 Gallon$5.15 $3.79 $4.08 $3.73 $4.46 $4.356Motor Oil Synthetic Blend, API, ILSAC GF5, SM, SL, meeting Ford WSS‐M2C929‐A specification, SAE 5W‐3055 Gallon Drum (expressed in Gallons)1 Gallon$6.18 $4.53 $5.18 $4.13 $4.86 $4.697Motor Oil Synthetic Blend, API, ILSAC GF5, SM, SL, meeting Ford WSS‐M2C929‐A specification, SAE 5W‐30Case (expressed as a case equals 12 each at 32 oz)32 oz$1.91 $1.74 $1.56 $1.44 $2.28 5.428Motor Oil Synthetic Blend, API, ILSAC GF5, SM, SL, meeting Ford WSS‐M2C929‐A specification, SAE 5W‐20Bulk Delivery (expressed in Gallons)1 Gallon$5.10 $3.79 $4.08 $3.73 $4.46 $4.599Motor Oil Synthetic Blend, API, ILSAC GF5, SM, SL, meeting Ford WSS‐M2C929‐A specification, SAE 5W‐2055 Gallon Drum (expressed in Gallons)1 Gallon$6.09 $4.53 $5.18 $4.13 $4.86 $4.891 of 516.E.8.bPacket Pg. 1861Attachment: 17-7147 Bid Tabulation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Project Manager: Michael BurksProcurement: Viviana GiarimoustasOpened: 7‐6‐2017Witness: Brenda Brilhart17‐7147 Motor Oils, Lubricants, and FluidsNotifications Sent: 367 Downloaded: 30Submissions: 6 Line Description Packaging UnitPalmdale Oil CompanyEdison Oil Co¹ Advance Auto Parts²Safety Kleen SystemsFlamingo Howell Oil10Motor Oil Synthetic Blend, API, ILSAC GF5, SM, SL, meeting Ford WSS‐M2C929‐A specification, SAE 5W‐20Case (expressed as a case equals 12 each at 32 oz)32 oz$1.91 $1.74 $1.56 $1.44 $2.28 5.4211 Hydraulic Oil: AW, ISO 68Bulk Delivery (expressed in Gallons)1 Gallon$4.00 $3.60 $3.05 $3.18 $4.39 459.9912 Hydraulic Oil: AW, ISO 6855 Gallon Drum (expressed in Gallons)1 Gallon$5.10 $4.30 $4.43 $3.58 $4.75 459.9913 Hydraulic Oil: AW, ISO 685 Gallon Container (expressed Container)1 Gallon$2.17 $5.30 $4.49 $4.43 $5.10 459.9914 Hydraulic Oil: AW, ISO 46Bulk Delivery (expressed in Gallons)1 Gallon$3.75 $3.60 $3.27 $3.18 $4.49 459.9915 Hydraulic Oil: AW, ISO 4655 Gallon Drum (expressed in Gallons)1 Gallon$4.58 $4.30 $4.43 $3.58 $4.79 459.9916 Hydraulic Oil: AW, ISO 46 5 Gallon Container 1 Gallon$4.76 $5.30 $4.49 $4.43 $5.10 459.9917 Hydraulic Oil: AW, ISO 32Bulk Delivery (expressed in Gallons)1 Gallon$3.75 $3.60 $3.27 $3.18 $4.49 459.9918 Hydraulic Oil: AW, ISO 3256 Gallon Drum (expressed in Gallons)1 Gallon$4.58 $4.30 $4.43 $3.58 $4.79 459.9919 Hydraulic Oil: AW, ISO 32 5 Gallon Container 1 Gallon$4.76 $5.30 $4.49 $4.43 $5.10 459.9920Hydraulic Oil: Shell Tallus T‐22 non‐conductive (or equivalent)5 Gallon Container 1 Gallon$7.40 $6.72 $13.63 $14.9521 Tractor: Hydraulic Fluid55 Gallon Drum (expressed in Gallons)1 Gallon$6.21 $5.63 $5.97 $4.59 $4.95 459.9922 Tractor: Hydraulic Fluid5 Gallon Container (expressed Container)1 Gallon$6.44 $6.90 $6.07 $5.59 $5.65 459.9923Automatic Transmission Fluid: MERCON VBulk Delivery (expressed in Gallons)1 Gallon$7.55 $7.39 $7.40 $9.95 $8.9524Automatic Transmission Fluid: MERCON V55 Gallon Drum (expressed in Gallons)1 Gallon$9.09 $8.15 $10.58 $10.25 $9.2525Automatic Transmission Fluid: MERCON VCase (expressed as a case equals 12 each at 32 oz)32 oz$2.58 $3.39 $2.71 $2.97 $4.00 5.792 of 516.E.8.bPacket Pg. 1862Attachment: 17-7147 Bid Tabulation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Project Manager: Michael BurksProcurement: Viviana GiarimoustasOpened: 7‐6‐2017Witness: Brenda Brilhart17‐7147 Motor Oils, Lubricants, and FluidsNotifications Sent: 367 Downloaded: 30Submissions: 6 Line Description Packaging UnitPalmdale Oil CompanyEdison Oil Co¹ Advance Auto Parts²Safety Kleen SystemsFlamingo Howell Oil26Automatic Transmission Fluid: Valvoline Max Life Dex/Merc (or equivalent)Bulk Delivery (expressed in Gallons)1 Gallon$4.90 $7.39 $7.39 $3.95 $8.95 459.9927Automatic Transmission Fluid: Valvoline Max Life Dex/Merc (or equivalent)55 Gallon Drum (expressed in Gallons)1 Gallon$5.78 $8.15 $10.00 $4.20 $9.25 459.9928Automatic Transmission Fluid: Valvoline Max Life Dex/Merc (or equivalent)Case (expressed as a case equals 12 each at 32 oz)32 oz$1.92 $3.39 $2.66 $1.45 $4.00 6.4329Automatic Transmission Fluid: Allison Transynd (or equivalent)55 Gallon Drum (expressed in Gallons)1 Gallon$9.09 $12.71 $18.15 $25.00 $28.05 459.9930Automatic Transmission Fluid: Allison Transynd (or equivalent)1 Gallon Container 1 Gallon$56.00 $18.50 $26.50 $34.99 40.4731Gear Oil: Multi‐purpose, 85W140 120 lb container (expressed 1Pound31API‐GL5 or MT‐1in pounds)1 Pound$1.09 $1.24 $1.00 $1.27 459.9932Gear Oil: Multi‐purpose, 85W140 API‐GL5 or MT‐235 lb container (expressed in pounds)1 Pound$1.16 $1.11 $1.03 $1.31 459.9933Synthetic Gear Oil: GL‐5, MTI 80 W 14055 Gallon Drum (expressed in Gallons)1 Gallon$15.22 $23.31 $15.40 $29.31 459.9934Synthetic Gear Oil: GL‐5, MTI 80 W 14016 Gallon Drum (expressed in gallons)1 Gallon$15.79 $15.89 $16.50 $30.89 459.9935Synthetic Gear Oil: GL‐5, MTI 80 W 1405 Gallon Container (expressed in gallons)1 Gallon$15.92 $15.11 $16.30 $17.80 459.9936Synthetic Gear Oil: GL‐5, MTI 80 W 141Quart Container 1 Quart$21.91 $12.51 $6.71 $8.19 5.5137Grease: Automotive, EP, General Purpose Hi Temp NLGI‐2120 lb container (expressed in pounds)1 Pound$1.60 $1.54 $1.68 $2.41 459.993 of 516.E.8.bPacket Pg. 1863Attachment: 17-7147 Bid Tabulation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Project Manager: Michael BurksProcurement: Viviana GiarimoustasOpened: 7‐6‐2017Witness: Brenda Brilhart17‐7147 Motor Oils, Lubricants, and FluidsNotifications Sent: 367 Downloaded: 30Submissions: 6 Line Description Packaging UnitPalmdale Oil CompanyEdison Oil Co¹ Advance Auto Parts²Safety Kleen SystemsFlamingo Howell Oil38Grease: Automotive, EP, General Purpose Hi Temp NLGI‐338 lb container (expressed in pounds)1 Pound$1.76 $1.41 $1.80 $2.49 459.9939Multiplex Hi Temp Red No. 2 Wheel Bearing Grease (or equivalent)400 lb container (expressed in pounds)1 Pound$1.74 $1.39 $1.50 $2.03 459.9940Multiplex Hi Temp Red No. 2 Wheel Bearing Grease (or equivalent)120 lb container (expressed in pounds)1 Pound$1.87 $1.54 $1.68 $2.18 459.9941Multiplex Hi Temp Red No. 2 Wheel Bearing Grease (or equivalent)35 lb container (expressed in pounds)1 Pound$1.83 $1.41 $1.80 $2.84 459.9942Multiplex Hi Temp Red No. 2 Wheel Bearing Grease (or equivalent)Case (expressed as a case equals 10 each grease Cartridges) 1 Pound$1.79 $2.57 $1.94 $2.49 459.9943Diesel Exhaust Fluid: meets Bulk Delivery (expressed in 1Gallon43ISO22241 Gallons)1 Gallon$1.16 $2.67 $1.20 $1.09 459.9944Diesel Exhaust Fluid: meets ISO2224155 Gallon Drum (expressed in Gallons)1 Gallon$2.10 $2.33 $1.65 $1.69 459.9945Diesel Exhaust Fluid: meets ISO22241Per 2.5 Gallon container2.5 Gallon$7.25 $8.80 $6.89 $6.95 13.7946 Biodegradable Hydraulic Oil 32AW 5 Gallon container 1 Gallon$14.47 $24.00 $10.28 $17.15 459.9947 Biodegradable Hydraulic Oil 68AW 5 Gallon container 1 Gallon$16.18 $24.00 $10.28 $17.15 459.9948 Killem Biocide (or equivalent) Case of 16oz containers 16 oz$14.95 $16.00 $19.84 $23.99 24.8349‐$ 132.15$ 339.52$ ‐$ 331.32$ ‐$ 299.17$ 18.64$ 389.27$ ‐$ 116.98$ ‐$ TOTAL4 of 516.E.8.bPacket Pg. 1864Attachment: 17-7147 Bid Tabulation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) Project Manager: Michael BurksProcurement: Viviana GiarimoustasOpened: 7‐6‐2017Witness: Brenda Brilhart17‐7147 Motor Oils, Lubricants, and FluidsNotifications Sent: 367 Downloaded: 30Submissions: 6 Line Description Packaging UnitPalmdale Oil CompanyEdison Oil Co¹ Advance Auto Parts²Safety Kleen SystemsFlamingo Howell OilYYYYYYYYGranting Agency Requirements:Debartment,SuspensionLobbyingConflict of InterestDBE,M/WBE or Veteran ParticipationAttachment 2: Vendor's Check ListAttachment 3: Vendor Response FormAttachment 4:Immigration Law AffidavitAttachment 5: Substitute W9Attachment 6: Insurance & Bonding RequirementsTerms & ConditionsE‐VerifySAMSunbiz Division of CorporationsYYYNAYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYNA NA NAYYYYYYYYYYNNYYYYNAYYYYY² Vendor rescinded their offer 7/20/17 via e‐mail. Lines items were removed due to alternate unit of measure provided.¹Line item 30 was removed due to alternate unit of measure provided.5 of 516.E.8.bPacket Pg. 1865Attachment: 17-7147 Bid Tabulation (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”) 16.E.8.c Packet Pg. 1866 Attachment: 17-7147 NORA (3622 : Award Bid #17-7147 - “Motor Oils, Lubricants, and Fluids”)