HomeMy WebLinkAbout060115_ca04Department of Central Services
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Frank Gifford, Central Services Director
Agenda Date: June 1, 2015
Subject: Motor Fuel, 60 -month Contract Award
Statement of Issue:
Award of contract for the supply of motor fuel as needed from time to time over five years by
various County departments for which bids were opened on May 18th.
Analysis /Strategic Goals /Pros 6t Cons:
The recommendation of the Fleet Services Manager is to award the contract to the lowest
responsive bidder, Associated Petroleum Products, Inc.
Fiscal Impact/Cost Benefit Analysis:
Biodiesel is one of the most economical options available to comply with the state mandate
for biofuel and electricity use in county vehicles and equipment, but biodiesel pricing on the
current state fuel contract is not reasonable. This proposed contract's pricing is significantly
better, resulting in a 19- cent - per - gallon reduction from the state contract price for the
desired biodiesel blend. Pricing for gasoline and petroleum diesel is also advantageous here.
The low bidder, recommended here for award, proposed a total cost of $1,274,072.00 for
estimated quantities of motor fuel required over five years. This cost is for bid canvassing
purposes only: invoicing of each delivery of motor fuel will be based on petroleum- industry
index prices current at the time of delivery. Our estimate for this procurement effort was
$2.25MM, and the overall value of this contract may yet approach that, because it is - as was
the state contract - dependent on daily petroleum and biodiesel prices.
Recommendation:
Execute the attached contract.
Department Contact:
Matt Stewart, Manager of Fleet Services, 344 -9713
Re' w d
Philip Morley, Administrator
Date
B. DETAILED SPECIFICATIONS
1. General
The Contractor will provide and deliver Motor Fuel delivered to County -owned bulk -fuel dispensing infrastructure
for use by various County departments.
All specified requirements are minimum requirements unless stated otherwise. If Bidder takes exception to the
provisions of the Bid Documents, Jefferson County may reject the Bid as non - responsive in the event that the
Manager, in his or her sole opinion, determines such exception(s) to be material exceptions(s). The Department of
Central Services, Fleet Services Division, reserves the right to reject any and all Bids and to accept the Bid deemed
most advantageous to Jefferson County and to waive all informalities in the Bidding.
The Contractor must provide quotes on the Proposal Page for the following Bid Lines. Bid Line pricing must be a
non - negative value. Quotes showing a credit or "no charge" will be assigned a price value of $0 for canvassing and
contract award purposes.
All Additional Items must be designed and constructed for use with the unit as specified and be furnished complete
with all necessary peripheral items required for proper /safe operation. The exact locations and mounting methods of
all aftermarket equipment specified as an additional item are subject to approval by the Fleet Services Division prior
to installation.
Please attach all required documentation to proposal.
2. Basis of Award
Jefferson County reserves the right to award contract(s), based on the lowest total bid price to the responsive and
responsible bidder meeting the terms and conditions of the specification.
Bidders must quote all Bid Lines. Bids submitted to the contrary will be considered incomplete and, as a result, may
be rejected.
The Contractor's bid pricing must incorporate any /all peripheral costs including, but not limited to the costs of the
vehicles /equipment, delivery /transportation charges, taxes, insurance, training, fluids, warranties, profit and/or
overhead, etc., required by the specifications.
Jefferson County reserves the right to award a contract, or reject any /all bids, when in the opinion of Jefferson
County the best interests of the County would be served thereby.
3. Contract Term
The Contract Term for this Contract will be sixty months, unless terminated earlier pursuant to Section B.19 (Early
Termination) or other provisions.
The County will establish the start and expiration dates at the time of formal award and release of this contract.
4. Estimated Quantities
Any quantities shown on the Proposal Pages represent estimated usage and as such are for bid canvassing purposes
only and do not bind the County to purchase the quantity listed there. The County reserves the right to increase or
decrease quantities ordered. Nothing herein will be construed as intent on the part of the County to procure any goods
or services beyond those determined by the County to be necessary to meet its needs.
The County will only be obligated to order and pay for such quantities as are from time to time ordered, performed
and accepted on Blanket Releases or Work Orders issued directly by the Fleet Services Division.
5. Price Adjustments
No price adjustments to the Contractor's proposed markup or cost per mile for alternate delivery locations will be
considered during the contract term.
6. Cost Mitigation Strategies
The County reserves the right to employ various cost mitigation strategies (i.e. hedging) in acquiring fuel from the
Contractor. These strategies may include but are not limited to futures contracts, swap transactions, option contracts,
MOTOR FUEL, PAGE 5 OF 24
10. Alternate Delivery Locations
Bidder must list on the proposal page the starting address for deliveries to the County. Bidder must list a per -mile
price for deliveries, which shall not be applied to deliveries to the two addresses above. If an alternate delivery
location is requested by the County with any order, the number of road miles from the Contractor's starting address
to the alternate delivery location shall be subtracted from the number of road miles from the Contractor's starting
address to the Hadlock Fuel Site; this difference shall be multiplied by the per -mile price for deliveries, and this
product shall be added to the order's invoice as a delivery fee.
This provision shall apply whether the alternate delivery location is closer to the Contractor's starting address (as a
reduction in invoice cost) or farther from the Contractor's starting address (as an additional invoice cost).
11. Quality Control
The Contractor must utilize industry - recognized standards and procedures to assure that a satisfactory level of quality
control are maintained in all stages of its handling process. Employees of the County, subject to security restrictions
at sites not owned /operated by the Contactor, will have open access to all areas /facilities in order to ensure that
proper quality control standards are being met.
If defects, omissions or cross - contamination are discovered with any of the delivered product, the County may:
11.1. Refuse acceptance of the motor fuel;
11.2. Arrange with the Contractor to make treat or otherwise correct the motor fuel in place; or
11.3. Require the Contractor to remove the motor fuel from the County's premises at its own cost, replacing it
with non - defective motor fuel.
The Contractor must provide any /all labor and materials that may be required to correct non - compliant aspects of all
motor fuel in a prompt manner as well as any mechanical defects that are caused by the non - compliant motor fuel, at
no cost to the County. The "promptness" of corrective actions will be established by the County based upon the
quantity and scope of the corrections required.
12. Contractor's Warranties
If in performance of the Services, the Contractor provides any goods, the Contractor warrants that the title to the
goods to be provided under this Contract is good, its transfer is rightful and that the goods will be delivered free from
any security interest or other encumbrance of which Contractor has not informed the County.
The Contractor expressly warrants that all goods shall be merchantable within the meaning of Article 2- 314(2) of the
Uniform Commercial Code (Title 62A RCW) in effect on the date they are ordered. In addition to all warranties that
may be prescribed by law, the goods shall conform to specifications, drawings and other description and shall be free
from defects in materials and workmanship. Contractor also warrants that, except where the goods are produced
pursuant to detailed designs furnished by the County, they will be free from defects in design. Such warranties,
including warranties prescribed by law, shall run to County, its successors, assigns, customers and to users of the
goods and, if applicable, survive beyond the termination date of this contract.
The County may avail itself of the manufacturer's standard (or "no cost" incentive) warranty or any provision thereof,
in lieu of the warranty outlined herein, if deemed to be in the best interests of the County.
13. Trade Names and Substitutions
Reference to a specific manufacturer or trade name in this solicitation is intended to be descriptive (but not
restrictive) and to indicate to prospective Bidders those product(s) that have been deemed by the County to be
satisfactory. The Bidder must, if awarded the Contract, provide the product(s) specified, unless equivalent
alternatives have been proposed as described below and found acceptable to the Fleet Services Division.
A Bidder that chooses to respond to this solicitation for Bids with alternate product(s) from those specified in the
solicitation, must identify such alternate items with its Bid with a detailed explanation and documentation in support
of how the alternate items proposed by the Bidder can perform as well as or better than those specified. Unless an
alternate item is so identified, it is understood that the Bidder proposes and will be required to provide, the specific
item described in the specifications. No substitution of specified items will be allowed thereafter except as otherwise
provided for in the specifications.
Documentation in support of alternate items may include:
MOTOR FUEL, PAGE 7 OF 24
possession or consumption of alcoholic beverages or drugs anywhere on the site of any work to be performed under
this Contract.
The Manager has authority to request the Contractor to remove any worker who proves to be incompetent or
negligent in his /her duties.
17. Use of County Facilities
The Contractor must inform the Manager of the Fleet Services Division or authorized representative of the use of
County facilities, such as telephones.
Smoking is prohibited in all Jefferson County facilities and vehicles.
The Contractor will require that all employees refrain from disturbing tools, tool boxes, papers on desks, opening
desk drawers or cabinets.
While on County premises, the Contractor will not store any equipment, tools or materials without prior written
authorization from the Manager. The County will not be responsible for or liable to pay the Contractor for any loss of
equipment, tools or materials stored in unsecured areas without proper authorization.
18. Technical Assistance
The Contractor must provide occasional sampling and testing services as are deemed adequate by mutual agreement
of the County and the Contractor to ensure that the County's bulk fuel infrastructure is suitable for continued
deliveries of motor fuel by the Contractor and as are deemed necessary by mutual agreement of the County and the
Contractor to determine the source, extent and correction of any defective product or other contamination.
19. Rack Prices
The rack prices proposed on the proposal page must be published prices available publically or by paid subscription.
Rack prices proposed will be used for the term of the contract, except that the Contractor and the County may by
mutual agreement select during the contract term one or more alternate published rack prices. On the date an
agreeable alternate rack price is implemented, the contract markup shall be changed by the difference between the
prices for the product in question on the rack price described on the proposal page and the agreeable alternate rack
price on the date of implementation of the agreeable alternate rack price.
The Contractor must subscribe to and make available for viewing (within the limitations of the Contractor's
subscription) by the County at any time during the contract period the rack price described on the proposal page.
The County suggests use of OPIS Tacoma daily closing contract rack average pricing for E10 oxygenated gasoline
and undyed D -2 ultra - low - sulfur diesel fuel. The County further suggests use of the OPIS Portland daily closing
contract rack average pricing for B99 biodiesel blendstock. However, the Bidder is allowed to propose the use of any
published price list that meets the requirements herein provided a price is available for the date specified on the
proposal pages so that the County can evaluate Bidders' respective pricing equally.
20. Manuals, Certificates, Applications
Safety Data Sheets must be furnished to the County for each component product of the supplied motor fuel.
Contractor must include with its bid a copy of its current spill - prevention and response plan and must provide an
updated copy to the County whenever the plan is revised.
21. Motor Fuel
21.1. All motor fuel supplied by the Contractor must meet the following specifications.
21.2. Invoices must be emailed to the email address(es) to be provided by the County within 24 hours of each
delivery.
22. Bid Line #1: Gasoline
22.1. Gasoline must be regular unleaded gasoline blended with an oxygenate, nominally described as 10%
ethanol.
22.2. Gasoline must meet ASTM specification D4814 (version current at the time of each delivery) for
gasoline blended with oxygenates for use in spark- ignition engines.
MOTOR FUEL, PAGE 9 OF 24
d. Cetane rating of 45;
e. Include a detergent to clean fuel injectors; and
f. Stable and suitable for use when stored for up to twelve months.
23.11. Biodiesel blend will be invoiced as follows:
a. Proposed biodiesel blendstock rack price per gallon of biodiesel included in the biodiesel blend as
of the date of delivery.
b. The Contractor's markup rate per gallon of biodiesel fuel included in the biodiesel blend.
c. Proposed diesel fuel rack price per gallon of petroleum diesel included in the biodiesel blend as of
the date of delivery.
d. The Contractor's markup rate per gallon of petroleum diesel included in the biodiesel blend.
e. Summer or winter additive package price per gallon of biodiesel blend.
f. No federal excise tax will be collected. The County is exempt from payment of FET.
g. No Washington state excise (motor -fuel) tax will be collected. The County's primary uses of fuel
are exempt from payment of this tax, and the County remits this tax separately for gallons used in
other applications.
h. Washington state and local sales tax at the rate current at the time of delivery.
i. Federal LUST tax at the rate current at the time of delivery per gallon.
j. Federal oil- spill - recovery fee at the rate current at the time of delivery per gallon.
k. Washington Hazardous Substance Tax per gallon at the rate current at the time of delivery.
1. Washington Oil Spill Tax per gallon at the rate current at the time of delivery.
m. Cost per mile for alternate delivery locations (Bid Line #3).
n. No other surcharges or fees will be invoiced.
24. Bid Line #3: Delivery
24.1. Bidder must propose a cost per mile for use in calculating delivery credits /charges for alternate delivery
locations.
24.2. See "Alternate Delivery Locations" subsection above.
MOTOR FUEL, PAGE 11 OF 24
or at the option of the County, the County may pay the renewal premium and withhold such payments from the
moneys due the Contractor.
All notices shall name the Contractor and identify the agreement by contract number or some other form of
identification necessary to inform the County of the particular contract affected.
4.1. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain
for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage,
in accordance with the laws of the State of Washington.
4.2. General Liability (1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an
aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage
unless otherwise specified in the contract specifications. This insurance coverage shall contain no
limitations on the scope of the protection provided and indicate on the certificate of insurance the
following coverage:
a. Broad Form Property Damage with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability including completed operations (contractors only);
d. Premises - Operations Liability (M &C);
e. Independent Contractors and Subcontractors; and
f. Blanket Contractual Liability.
4.3. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and
property damage unless otherwise specified in the contract specifications. This insurance shall indicate
on the certificate of insurance the following coverage:
a. Owned automobiles;
b. Hired automobiles; and,
c. Non -owned automobiles.
4.4. Pollution Liability Insurance (3) - with limits of not less than $5,000,000 per occurrence, combined
single limit. Coverage must include loading and unloading of all petroleum products.
(1) Note: The County shall be named as an additional insured party on a primary, non - contributory basis under this
policy.
(2) Note: The County shall be named as an additional insured party on a primary, non - contributory basis under this
policy.
(3) Note: The County shall be named as an additional insured party on a primary, non - contributory basis under this
policy.
Any deductibles or self - insured retention shall be declared to and approved by the County prior to the approval of the
contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self- insured
retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to
all of the requirements stated herein.
Failure of The Contractor to take out and/or maintain any required insurance shall not relieve The Contractor from
any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise
limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its
employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected
shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It
is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against
the County (including its employees and other agents and agencies) for payment of any premiums or for assessments
MOTOR FUEL, PAGE 13 OF 24
Claims against the County shall include, but not be limited to assertions that the use and transfer of any software,
book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restraint of competition.
The Contractor specifically assumes potential liability for actions brought against the County by Contractor's
employees, including all other persons engaged in the performance of any work or service required of the Contractor
under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically
waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this
waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual
negotiation.
9. Contractor's Relationship to the County
The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein
contained shall be construed to create a relationship of employer - employee or master - servant, and any and all
employees of the Contractor or other persons engaged in the performance of any work or service required of the
Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise
on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor.
10. Assignment
The Contractor shall not sublet or assign any of the services covered by this contract without the express written
consent of the County or its authorized representative. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
No part of the goods, work, or services to be provided under this Contract may be subcontracted without the prior
written consent of the Manager; but in no case will such consent relieve the Contractor from its obligations, or
change the terms of the Contract. The Contractor must notify the Manager of the names of all Subcontractors to be
used and shall not employ any that the Manager has not approved.
Subcontracting of the services or work or any portion of the Contract without the prior written consent of the
Manager is null and void. Further, the Contractor will not make any substitution of a previously approved
Subcontractor without the prior written consent of the Manager; any substitution of a Subcontractor without the prior
written consent of the Manager is null and void.
The Contractor will only subcontract with competent and responsible Subcontractors. If, in the judgment of the
Manager, any Subcontractor is careless, incompetent, violates safety or security rules, obstructs the progress of the
services or work, acts contrary to instructions, acts improperly, is not responsible, is unfit, is incompetent, violates
any laws applicable to this Contract, or fails to follow the requirements of this Contract, then the Contractor will,
immediately upon notice from the Manager, discharge or otherwise remove such Subcontractor and propose an
acceptable substitute for Manager approval.
11. Security Bond
Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that the
Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for
payment of all obligations of The Contractor. For Contracts of $35,000 or less, the County may waive the payment
and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW.
12. Severability
The invalidity, illegality, or unenforceability of any one or more phrases, sentences, clauses, or sections in this
Contract does not affect the remaining portions of this Contract.
13. Entire Contract
The Contract Documents constitute the entire agreement between the parties and may not be modified except by the
subsequent written agreement of the parties.
MOTOR FUEL, PAGE 15 OF 24
23. Risk of Loss
The risk of loss from any casualty to the goods, regardless of cause, shall be on the Contractor until the goods have
been delivered and accepted by the County.
MOTOR FUEL, PAGE 17 OF 24
,ON
C"
Department of Central Services
�• Jefferson County, Washington
I tJ�I N0 0
Fleet Services Division
PO Box 1200
371 Chimacum Road
Port Hadlock, WA 98339
Phone: (360) 385 -0890
NOTICE TO RESPONDENTS
ADDENDUM #1 TO
BID PROPOSAL SPECIFICATIONS
TO PROVIDE
MOTOR FUEL
Notice is hereby given that the following changes /revisions /clarifications are incorporated into the Jefferson
County Request for Bids dated April 20, 2015, for the supply of Motor Fuel. All other provisions and
requirements as originally set forth remain in full force and are binding. Any additional work required by this
addendum shall conform to the applicable provisions of the original bid documents.
Respondent must acknowledge receipt of all Addenda in the appropriate blanks in Section D, "Project Proposal "'
(both in Subsection 3, "Confirmation of Receipt of Project Addenda,` " and in Subsection 5, "Proposal Execution
and County Acceptance of Proposal "). Failure to acknowledge Addenda when submitting the proposal will
render the proposal non - responsive. Any harm to the Respondent resulting from failure to obtain all necessary
documents, for whatever cause, will not be valid grounds for a protest against award(s) made under this
solicitation.
Section A: Changes/Revisions by County
1. Pages 18 of 24 and 19 of 24 are deleted in their entirety and replaced by the following two pages:
Motor Fuel, Addendum # 1, Page 1 of 5
Section B: Questions/Requests by Respondents and Responses by County
1. (Question) Will the County consider changing the length of the bid from 5 years to 3 years? 5 years is a
long time for a vendor to hold a differential and thus will include risk margin. Will the County change
the contract length to allow for one -year renewals? [Subsection 13.3]
(Response) No.
2. (Question) Does this bid allow for any renewals? [Subsection 13.3]
(Response) See Subsection 13.3.
3. (Question) How often does the County order fuel split between the two sites? [Subsection 13.7]
(Response) The specification does not include this information.
4. (Question) Does the County expect to see a line item on all invoices for a cost for freight? What
locations are currently being delivered to that are alternate delivery locations? Is this section of the bid
included for future locations that may be added by the County? Does this fee get charged on all
invoices? [Subsections B.10 and B.19.3]
(Response) The supply of the specified motor fuel must be invoiced in accordance with the
specification. Two delivery locations are listed in Subsection B.8 and are, as stated in B.10, not subject
to the per -mile price for deliveries. See also Subsection C.18.
5. (Question) What does the County currently pay as a delivery fee? For a price comparison, where is your
current vendor's starting address? For price comparison, please provide who your current vendor is. For
price comparison, please provide tabs from your most recent fuel bid. For price comparison, please
provide the winning vendor's pricing pages. [And various related questions regarding the County's
current contract and vendor] [Various Subsections].
(Response) The County currently purchases its fuel through the Washington State Department of
Enterprise Services contract #00311. The County therefore has no previous bid results to provide and no
previous contract to provide, nor will it make previous information related to a vastly different
specification a part of the current procurement process. Contract #00311 is not the County's, so the
specification and pricing structure are very different from what this specification requires. County
practices under the current contract are more than simply irrelevant for the current procurement process
and may be misleading, so the County will not answer questions related to its past practices, as these
may be read as guidance to bidders in conflict with the written specifications. Bidders must respond to
the present bid according to the written specification. However, bidders may view the state's contract
and historical pricing information for that contract at this state site:
https:Hfortress.wa. gov /ga/ apps/ ContractSearch/ContractSummary. aspx ?c= 00311.
6. (Question) Since OPIS is copyrighted, will the County purchase its own subscription to OPIS? Since
OPIS is copyrighted, does the County want vendors to build in the cost of an OPIS subscription into
their differential? [Subsection B.19]
(Response) See the second paragraph of this Subsection.
7. (Question) Since the County wants a diff for 1399, what percentage of bio does the County receive in
their fuel today? Does the County change percentages of bio through the year? [Subsection B.19]
(Response) See Subsection 13.23.5.
8. (Question) Does this bid require the vendor to provide a performance bond? What amount does the bond
need to be for? [Subsection C.11 ]
(Response) No.
Motor Fuel, Addendum # 1, Page 4 of 5
Department of Central Services
r,p$as Jefferson County, Washington
Fleet Services Division
PO Box 1200
371 Chimacum Road
Port Hadlock, WA 98339
Phone: (360) 385 -0890
NOTICE TO RESPONDENTS
ADDENDUM #2 TO
BID PROPOSAL SPECIFICATIONS
TO PROVIDE
MOTOR FUEL
Notice is hereby given that the following changes /revisions /clarifications are incorporated into the Jefferson
County Request for Bids dated April 20, 2015, for the supply of Motor Fuel. All other provisions and
requirements as originally set forth remain in full force and are binding. Any additional work required by this
addendum shall conform to the applicable provisions of the original bid documents.
Respondent must acknowledge receipt of all Addenda in the appropriate blanks in Section D, "Project Proposa "
(both in Subsection 3, "Confirmation of Receipt of Project Addenda," and in Subsection 5, "Proposal Execution
and County Acceptance of Proposal "). Failure to acknowledge Addenda when submitting the proposal will
render the proposal non - responsive. Any harm to the Respondent resulting from failure to obtain all necessary
documents, for whatever cause, will not be valid grounds for a protest against award(s) made under this
solicitation.
Section A: Changes/Revisions by County
1. Subsection B.11 is amended by the addition of the following paragraph after the existing text:
Prior to delivering the County's first order of 20% biodiesel blend with winter additive package, the
Contractor must obtain and furnish to the County CFPP test results for the complete blend
(petroleum diesel, biodiesel and winter additive package). Additionally, the complete blend must be
retested and results resubmitted to the County prior to the Contractor delivering 20% biodiesel blend
that includes a different winter additive package or that includes biodiesel from a substantially
different source or blendstock than those tested previously.
2. Subsection B.23.9.a is deleted in its entirety.
3. Subsection B.23.9.d is deleted in its entirety and replaced by the following:
d. Stable and suitable for use when stored for up to nine months.
4. Subsection B.23.10.a is deleted in its entirety and replaced by the following:
a. CFPP of 10°F or lower;
5. Subsection B.23.10.b is deleted in its entirety.
6. Subsection B.23.10.c is deleted in its entirety.
Motor Fuel, Addendum #2, Page 1 of 2
SON C �
w Department of Central Services
�r Jefferson County, Washington
Fleet Services Division
PO Box 1200
371 Chimacum Road
Port Hadlock, WA 98339
Phone: (360) 385-0890
NOTICE TO RESPONDENTS
ADDENDUM #3 TO
BID PROPOSAL SPECIFICATIONS
TO PROVIDE
MOTOR FUEL
Notice is hereby given that the following changes /revisions /clarifications are incorporated into the Jefferson
County Request for Bids dated April 20, 2015, for the supply of Motor Fuel. All other provisions and
requirements as originally set forth remain in full force and are binding. Any additional work required by this
addendum shall conform to the applicable provisions of the original bid documents.
Respondent must acknowledge receipt, of all Addenda in the appropriate blanks in Section. D, "Project Proposal"
(both in Subsection 3, `Confirmation of Receipt of Project Addenda," and in Subsection 5, "Proposal Execution
and County Acceptance of Proposal "). Failure to acknowledge Addenda when submitting the proposal will
render the proposal non - responsive. Any harm to the Respondent resulting from failure to obtain all necessary
documents, for whatever cause, will not be valid grounds for a protest against award(s) made under this
solicitation.
Section A: Changes/Revisions by County
None.
Section B: Questions/Requests by Respondents and Responses by County
1. (Question) Are trucking companies that will transport fuel to your locations for the Bidder should we be
awarded a contract considered subcontractors? [Subsection C.2, fifth paragraph]
(Response) Yes.
2. (Question) When is the award date? [Subsection B.3]
(Response) An award date is not set in advance of bid evaluation. See Subsections A.4 and B.3.
3. (Question) Have any addenda been released for this bid other than addenda 1 and 2? [Subsection D.2.3]
(Response) All addenda are sent to all registered Bid Document holders. See Subsections A.1.3 and
A.2.7.
4. (Question) Can we please have a list of bidders invited to submit a proposal?
(Response) The County does not maintain bid - invitation lists but advertises bids to the extent required
by law and as widely as practicable.
Motor Fuel, Addendum #3, Page 1 of 2
A PROJECT PROPOSAL
Proposal Pricing
Bidder must complete Unit Price column with its quoted price 1,*(.)r each Bid Litic. Bidder trust complete Extended Price
column by 1:11tiltiplying its Proposed Price by the County's Estimated Quantity, Bidder must complete Sum of Extended
Prices cell by adding the Extended Prices. In the event of conflict between Unit Price and Extended Price data, Unit Prices
will prevail, and the Manager's discretion will be used to correct arithmetical errors, including correction of the Total Bid
and any other cells where necessary to correct such errors.
Motor Fuel, Addendum 41, Page 2 of 5
TBid
Propose Price/ Estimated
F . ..... .
Line
I Description
Billing Rate
1_Quantit
Extended Priev
Bid Line #1, Gasoline
La.
Proposed rack price for E10 oxygenated gasoline on
May 11th, 2015
$ 2.2232
300T,OOO$
666,960.00
. ....
. . ..... __ . . ...... ..
/gallon
Lb.
Contractor's mark-up per gallon
300,000
1,000
$
$
-2,250.00
0.00
$ -0.0075
/gallon 1
I.e.
Washington state excise (motor-fuel) tax
300,000
$
112,500.00
$ 0.3750
. . .........
/gallon 1
Ld
Federal LUST tax
0-0010
300,000
$
300.00
$
/gallon
Le
Federal oil-spill-recovery fee
300,000
$
510.00
$ 0.0017
/gallon
Lf
Washington Hazardous Substance Tax
300 ,000
4,650.00
$ 0.0155
/gallon
l.g.
Washington Oil Spill rax
300,000
$
. . ......... .
$
/gallon
Sum of Extended Prices for Bid Line #1, Gasoline:
$
787,170.00
Bid Line #2, Biodiesel Blend
2.a
Proposed rack price for B99 biodiesel blendstock on
May I I th, 2015
$ 2.2284
/gallon
40,000
$
89,136
2.b.
Contractor's markup per gallon biodiesel
40,000
$
$ 0.800
/gallon
32,000
2.c.
Proposed rack price for undyed D-2 ultra-low-sulfur
diesel fuel on May 11th, 2015
$2.1905
/gallon
160,000
$
350,480.00
2.d.
Contractor's markup per gallon petroleum diesel
-0.015
160,000
$
2,400.00
$
/gallon
2.e.
Summer additive package (cost per gallon of treated
2,000.00
biodiesel blend, not per unit of additive)
$ 0.02
/gallon
100,000
$
2. f.
Winter additive package (cost per gallon of treated
biodiesel blend, not per unit of additive)
$ 0.025
100,000
$
2,500.00
/gallon
Motor Fuel, Addendum 41, Page 2 of 5
TITLE: Pricing and Supply Manager CELL: 253-207-4373
COMPANY: Associated Petroleum Products, Inc, E-MAIL: nicks@gotoapp.com
'-- 1-111111 . . ........ ..... ... .. . ...... .
ADDRESS: 2320 Milwaukee Way Tacoma, WA 98401
State of Washington Business Registration Number:
Federal ID Number: 1860581
Labor & Industries Number: 331,523-01
1, f BI Number: 600-644-597
2.2. Rack prices:
Name explicitly the rack prices quoted in these Bid Lines.
Bid Line La. - Proposed rack price for EJO oxygenated gasoline: _0PIS Tacoma 10AM Contract Average
Bid Line 2.a. - Proposed rack price for B99 biodiesel blendstock: OPTS Portland B5 SME 1 Oam Contract Ave
-- - -------- - --- - -.-- -
Bid Line 2.c, - Proposed rack price for undyed D-2 ultra - low - sulfur diesel fuel: 0 m C
Q�c �mj�_DntraCj AyeEace
j_
2.5. Subcontractors:
(,
,b.24.4ijinayJ
MOTOR FUEL, PAGE 20 OF 24
MIMM MMMMIMMMOMMME
terms ofthis bid (proposal) or the price named herein.
4.2 That by signing the signature pave of this proposal. I am deemed to have signed and have agreed to the
provisions of this declaration.
MOTOR FUEL, PAGE 22 OF 24
5. Proposal Execution and County Acceptance of Proposal
This agreement is between ASSOCIATED PETROLEUM PRODUCTS, INC [BIDDER'S FULL
LEGAL NAME);
2320 MILWAUKEE WAY TACOMA, WA 98401 [BIDDER'S
FLZL LEGAL ADDRESSJ, hereinafter referred to as CONTRACTOR, and JEFFERSON COUNTY, 1820 Jefferson
Street, Port Townsend, WA 98368, the undersigned, hereinafter referred to as COUNTY.
NN TNFSSETH:
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
do agree as follows:
This Agreement contains the entire agreement and understanding concerning the subject matter hereof between the
parties and super seder and replaces all prior negotiations, proposed agreements and agreements, written or oral. Each
of the parries hereto acknowledges that no other party bereto or any agent or attorney of such party has made any
promise, expressed or implied, not contained in this Agreement to induce it to execute this Agreement. Each of the
parties further acknowledges that it is not executing this Agreement in reliance on any promise, representation or
warranty not contained in this Agreement: This Agreement is to be construed as if it were prepared and reviewed by
both parties.
Contractor hereby acknowledges having received this specification containing a full set of Contract Documents and
Addendum Nos. 1 - 3 and affirms that Contractor shall be bound by all the terms and
conditions contained in the Contract Documents, regardless of whether a complete set thereof is attached to this
proposal or bid, except only to the extent that the bidder has taken express written exception thereto in the sections of
this specification designated for that purpose. The bidder is hereby advised that by signature of this proposal he/she is
deemed to have acknowledged all requirements and signed all certificates contained herein.
County hereby accepts the foregoing bid items as identified in the proposal..
rN w'SFEREOF, the parties here -to have executed this Agreement to be effective on the date of its signing by the
COUNTY.
JEFFERSON COUNTY
BOARD OF C MISSIONERS
I I zASSOCIATED PETROLEUM PRODUCTS, INC
Contractor's Name (Please print) David Sul van, Cha
NICK SCHOENFELDER
Name of Contractor's Representative (Please print)
PRICING AND SUPPLY MANAGER
Title of Contractor's R resentative's (Please print)
Contrac or enta e's Signature (Sign)
Phil Johnson, Commissioner
Kathleen Kler, Commissioner
&////5-
5115/2015 Q�JApproved as to form If m only /
Date ii
David.Alvarcz Date
Deputy Prosecuting Attorney
Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be
rejected. Complete each blank line as applicable; otherwise enter the words "not applicable".
MMR FVEL PAGE 23 0E 24
EXHIBIT "A"
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
The Vendor certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
2. Have not within a 3 -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 Agreement 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;
3. 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 (2) of this certification; and
4. Have not within a 3 -year period preceding this Agreement had one or more public transactions (Federal,
State, or local) terminated for cause or default.
Where the Vendor is unable to certify to any of the statements in this certification, such Vendor shall attach an
explanation.
ASSOCIATED PETROLEUM PRODUCTS, INC
Name of Vendor
NICK SCHOENFELDER - PRICING AND SUPPLY MANAGER
Name, and Title of At horiz d Representative
Signature of Authorize Representative
❑ I am unable to certify to the above statement. An explanation is attached.
MOTOR FUEL, PAGE 24 OF 24