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HomeMy WebLinkAboutAssociated Protroleum Products, Inc. for Motor Fuel - 060115pfi �ll� is -k\(�k � t� }s c;a�ecl ge+roleu,� B. DETAIaLEiIISPE �s IFIC�ATIONS Qf mod} 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 costless collars, and long -term storage at no additional costs to the Contractor. The cost mitigation strategies are intended to reduce overall fuel costs and to provide an improved level of budgetary certainty when procuring fuel. If the County elects to utilize cost mitigation strategies, the Contractor may charge a mutually agreement fee or other funding mechanisms may be applied to cover the cost of deployment of these cost mitigation strategies. 7. Orders The Contractor must accept orders from the County either by email or by phone and must respond with a confirmation to the County that delivery of the order has been scheduled. Confirmation to the County must include date and approximate time delivery will be completed. Each order by the County will include a minimum quantity of 8,000 gallons, total gasoline and biodiesel blends combined. Typical orders by the County will include both types of motor fuel. Contractor will advise the County, based on the County's requirement for motor fuel delivery and the Contractor's compartmentalization of the delivery truck and trailer and weight restrictions, of quantities of gasoline and biodiesel blends that can be delivered. Each order by the County that includes both of its primary fuel sites will be for a minimum quantity of 10,000 gallons, total gasoline and biodiesel blends and both fuel sites combined. Contractor will advise the County, based on the County's requirement for motor fuel delivery and the Contractor's compartmentalization of the delivery truck and trailer and weight restrictions, of quantities of gasoline and biodiesel blends that can be delivered. Delivery The Contractor must deliver the specified motor fuel into County bulk -fuel underground storage tanks. Delivery must be made between the hours of 7:00 a.m. and 2:30 p.m., Monday through Friday, excluding Holidays. Motor fuel must be delivered F.O.B. Destination (Jefferson County, WA), at the following addresses, each of which is equipped with an 8000 - gallon underground- storage tank for gasoline and an 8000 - gallon underground - storage tank for diesel: Hadlock Fuel Site 371 Chimacum Road Port Hadlock, WA 98339 Quilcene Fuel Site 295316 Hwy 101 Quilcene, WA 98376 Delivery of the motor fuel must be completed by the end of the second business day following the day of the order by the County. Delivery personnel must monitor the County's automatic tank gauges before, during and after each delivery to prevent overfilling and spills. Delivery personnel must stick each tank before and after delivering fuel into it. Delivery personnel must provide a meter ticket or bill of lading showing quantities ordered and quantities delivered to the County at the time of delivery. As described above, an order for a minimum of 10,000 gallons may require delivery to two County fuel sites. No additional transportation or drop fee will be paid. Each bill of lading and corresponding invoice must be specific to one fuel site. Delivery trucks and trailers must be equipped with fully operational vapor- recovery systems, approved by US EPA. Delivery trucks and trailers must be equipped with all required and prudent safety equipment and systems, including accessible fire extinguishers, emergency shutoffs and spill - containment materials. 9. Emergency Orders and Deliveries In the event of an emergency affecting the County, the Contractor will guarantee fulfillment of an emergency delivery within a maximum of 24 hours of the County's order. Emergency orders are to be top priority and the contractor must be equipped and prepared to successfully fulfill an emergency delivery 7 days a week, 24 hours a day. The contractor shall furnish emergency order contact information and always be poised to receive and respond to an emergency order. Contractor will charge their standard emergency fee charged to other customers or, if no standard emergency fee exists, a reasonable emergency premium that will appear on the invoice as an additional charge. MOTOR FUEL, PAGE 6 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 13.1. Data substantiating compliance of proposed alternate items with requirements stated in the solicitation, including: a. Product identification including manufacturer's name and address b. Manufacturer's literature identifying: (i) Product description (ii) Reference standards (iii) Performance and test data c. Samples, as applicable d. Name and address of similar projects on which the product has been used and date of usage 13.2. Itemized comparison of the proposed alternate item with product or service specified listing significant variations. A Bidder warrants and represents that in making a formal request for substitution with alternate items that: 13.3. The proposed alternate item is equivalent to or superior in all respects to the product specified and 13.4. The same warranties and guarantees will be provided for the alternate item as for the product specified The Manager may, in his or her sole discretion, accept an alternate item for a specified item, provided the alternate item so bid is, in the Manager's sole opinion, the equivalent of the item specified in the solicitation. An alternate item that the Manager determines not to be equivalent to the specified item shall render the Bid non - responsive and the Manager shall reject the Bid. 14. Prime Bidder /Contractor While it is understood that the various components of supply of motor fuel are warranted by the specific manufacturers, it must be understood that the successful Bidder will be responsible for assistance in and resolution of any and all warranty- related problems. The successful Bidder is regarded as the Prime Contractor for the completed unit. As such, the bidder will be held responsible for the proper specification, handling and delivery furnished as part of the supply of motor fuel. 15. Bidder's Experience and Qualifications The Bidder must obtain and maintain all necessary federal, state and local licenses. Bidder must provide a copy of its current licenses with its bid. Failure to obtain and demonstrate the required license may cause the bid to be rejected as non - responsive. The County reserves the right to require documentation to substantiate bidder's compliance with the requirements of this section. 16. Employees The Contractor's personnel will exercise safe and sound business practices with the skill, care and diligence normally shown by professional technicians employed in the type of work required under this contract. Contractor's personnel must be trained sufficiently and regularly to operate the safety equipment and systems with which the Contractor's delivery trucks and trailers are equipped. The Contractor's employees or subcontractors are required to wear suitable uniforms and personal protective gear during the time they are on duty on any County property. The Contractor's employees or subcontractors must wear an identification badge at all times while on duty on any County property. The Contractor's employees must have proper identification on their person before they will be allowed on any County property. The Contractor will employ only competent and efficient employees and whenever, in the opinion of the Manager, any employee is careless, incompetent, obstructs the progress of the work, acts contrary to instructions or conducts themselves improperly, the Contractor will, upon the request of the Manager, remove the employee from the work and will not employ such employee again for the work under this Contract, except with the written consent of the Manager. The Contractor will not permit any person to enter any part of a County facility or property while under the influence of intoxicating liquors or controlled substances. The Contractor will not permit obnoxious behavior or MOTOR FUEL, PAGE 8 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 OPTS 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 22.3. Minimum octane by (R +M) /2 method must be 87. 22.4. Ethanol content must not exceed 10 %. 22.5. Gasoline will be invoiced as follows: a. Proposed oxygenated gasoline rack price per gallon as of the date of delivery. b. The Contractor's markup rate per gallon. c. No federal excise tax will be collected. The County is exempt from payment of FET. d. Washington state excise (motor fuel) tax per gallon at the rate current at the time of delivery. e. Federal LUST tax per gallon at the rate current at the time of delivery. f. Federal oil - spill- recovery fee per gallon at the rate current at the time of delivery. g. Washington Hazardous Substance Tax per gallon at the rate current at the time of delivery. h. Washington Oil Spill Tax per gallon at the rate current at the time of delivery. i. Cost per mile for alternate delivery locations (Bid Line #3). j. No other surcharges or fees will be invoiced. 23. Bid Line #2: Biodiesel Blend 23.1. Biodiesel blend must be a mixture of petroleum diesel fuel and biodiesel fuel. 23.2. Biodiesel blend must be clear, undyed. 23.3. Petroleum diesel fuel must meet ASTM specification D975 (version current at the time of each delivery) for Grade No. 2 -D S 15 middle - distillate fuel for 15 -ppm sulfur applications. 23.4. Biodiesel fuel must meet ASTM specification D6751 (version current at the time of each delivery) for Grade No. 2 -B S15 biodiesel blendstock for 15 -ppm sulfur applications. 23.5. The County will specify the amount of biodiesel to be included in each order as a percentage of the completed blend. The blend level ordered will be no less than 5% biodiesel and no more than 20% biodiesel. 23.6. 5% biodiesel blend must meet ASTM specification D975 (version current at the time of each delivery) for Grade No. 2 -D S15 middle - distillate fuel for 15 -ppm sulfur applications. 23.7. 6% to 20% biodiesel blend must meet ASTM specification D7467 (version current at the time of each delivery) for Grade B6 to B20 S 15 biodiesel blends for 15 -ppm sulfur applications. 23.8. The biodiesel fuel must be blended into the petroleum diesel fuel under conditions appropriate to prevent gelling and to allow comprehensive blending of the fuels. 23.9. Biodiesel blend must be treated with a summer additive package at its producer's recommended blend level for deliveries between April 1 st and October 15th. Additive package must result in the delivered biodiesel blend meeting the following minimum specifications: a. Lubricity protection of 5000g+ on the scuffing load B.O.C.L.E. test; b. Cetane rating of 45; c. Include a detergent to clean fuel injectors; and d. Stable and suitable for use when stored for up to twelve months. 23.10. Biodiesel blend must be treated with a winter additive package at its producer's recommended blend level for deliveries October 16th through March 31st. Additive package must result in the delivered biodiesel blend meeting the following minimum specifications: a. CFPP of -20 °F or lower; b. Prevent water of up to .01% by volume from freezing to a temperature of -45 °F or lower; c. Lubricity protection of 5000g+ on the scuffing load B.O.C.L.E. test; MOTOR FUEL, PAGE 10 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 C. CONTRACTUAL TERMS AND OBLIGATIONS The BIDDER and Jefferson County, a political subdivision of the State of Washington, agree and contract, for good and valuable consideration bargained for and exchanged, that Sections C and D of this "Specifications and Bid Documents" document form and create an enforceable Agreement obligating each of them to conform to its terms and obligations. Therefore, the parties acknowledge and agree that this Agreement remains effective after the bid opening date and obligates all parties to conform to it as they would any other contract or agreement. 1. General Specifications: This Agreement provides for the supply of Motor Fuel, as may be required from time to time, which must be delivered to various Jefferson County facilities. The complete product must be supplied and delivered by one company responsible for the performance, warranty and service as specified. The Motor Fuel must meet or exceed the minimum Detailed Specifications in Section B of this "Specifications and Bid Documents" document, which is attached hereto and made a part hereof. 2. Definitions "County" means Jefferson County, Washington. "Manager" means the manager of Fleet Services Division of the Jefferson County Department of Central Services. "Bidder" is a person, firm, or entity submitting a Bid in response to an invitation for bids; for RFPs and RFQs, references may be made to "Respondents." Once the Contract is awarded the Contractor shall assume that all references to a Bidder or Respondent and such attendant obligations apply to the Contractor. "Contractor" means the Bidder or Proposer (person, firm, or entity) that is awarded the Contract by the County. Any references to the Bidder or Proposer in the Contract Documents is understood to apply to the Contractor. "Subcontractor" means any person or entity with whom the Contractor contracts to provide any part of the goods, services or work to be provided by Contractor under the Contract, including subcontractors of any tier, suppliers and material men, whether or not in privity with the Contractor. "Bid Documents" means this document, including all exhibits, attachments, the invitation for bids, legal advertisement notice, project proposal, bidder contact information and bid data, project addenda, confirmation of receipt of project addenda, proposal execution and county acceptance of proposal, certification regarding debarment, suspension, ineligibility, and voluntary exclusion, insurance requirements, special conditions and all clarifications and addenda issued by the County. "Specification" means the Bid Documents, including but not limited to the Detailed Specifications. "Contract" means, upon notice of award from the Manager, the contract consisting of all Bid Documents relating to a specific invitation for bids or proposals, and all amendments, modifications, or revisions made from time to time in accordance with the terms thereof. All such documents comprising the Contract are referred to as the "Contract Documents ". 3. Compensation Compensation shall be paid according to the Unit Prices listed in the Bid Proposal of the accepted and awarded contract. 4. Insurance Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. If any of the insurance requirements imposed on the Contractor by the Contract are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, MOTOR FUEL, PAGE 12 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 parry 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 under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. The Contractor is responsible for all loss or damage to County property including the vehicles or equipment full replacement cost while in Contractor's care, custody and control. The Contractor is responsible for all loss or damage to personal property (including materials, equipment, tools and supplies) owned, rented or used by Contractor. The insurance Contractor is obligated to obtain and maintain under this Contract shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement or to an injured third party. 5. Promise to Employ The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the condition provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and memorialized in a change or work order executed by the Manager or his designee and to pay for the same under the terns of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract. 6. Promise to Perform The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 7. Compliance with Laws The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, Washington. 8. Indemnification The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of. (a) the Contractor's agents or employees; and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's negligence, or the negligence of the Contractor's agents or employees. MOTOR FUEL, PAGE 14 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 14. Applicable Law All questions with respect to the construction of this Agreement and the rights and liabilities of the parties hereto, shall be brought only in the State of Washington and the parties hereto consent to jurisdiction and venue in such State. 15. Attorney's Fees In the event of any dispute under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fee and costs, in addition to all other relief to which it may be entitled. 16. Warranty of No Encumbrances Contractor warrants that the goods are now free, and that at the time of delivery shall be free from any security interest or other lien or encumbrance. 17. Warranty of Title Furthermore, Contractor warrants that at the time of signing this agreement Contractor neither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of Contractor in the goods. 18. Participation by Other Government Agencies Other Local Government Agencies may be eligible to participate in this Contract if (a) such agencies are authorized, by law or their governing bodies, to execute such purchases and (b) such purchases have no net adverse effect on Jefferson County and result in no diminished services from the Contractor to Jefferson County. Said purchases will be made upon the issuance of a purchase order directly from the Local Government Agency. The County will not be responsible for payment of any amounts owed by any other Local Government Agencies, and will have no liability for the acts or omissions of any other Local Government Agency. 19. Early Termination The County may terminate this Contract, in whole or in part, for any reason at any time by a notice in writing from the County to the Contractor. The effective date of termination will be the date stated in the notice, which will be not less than seven (7) days after the date of the notice. After the notice is received, the Contractor must restrict its activities, and those of its Subcontractors, to those activities it is directed to undertake by the County. No costs incurred after the effective date of the termination are allowed unless the termination is partial. Contractor is not entitled to any anticipated profits on services, work, or goods that have not been provided as of the effective date of the termination. Upon a determination by the Manager that the Contractor is in default of a material term of the Contract, the County may notify the Contractor of the breach and provide the Contractor with ten (10) business days (or a longer time period if mutually agreed upon) to cure the default. Upon the expiration of the cure period without the default being cured to the satisfaction of the Manager the Contract shall he considered terminated. 20. Compensation Compensation shall be paid according to the Unit Prices listed in the Bid Proposal of the accepted and awarded contract, subject to the termination provisions of Section 19 above. 21. Payment on Receipt The County shall make payment for received goods and services after inspection and approval by the Manager or his designee and receipt of Contractor's invoice. County shall make payment following in accordance with the County's normal schedule for processing invoices and warrants, which typically results in payments made within 30 days of satisfactory receipt of delivery and invoice. 22. Receipt Construed As Delivery and Acceptance by Manager Goods shall be deemed received by County when delivered to and accepted by the Manager or his designee. MOTOR FUEL, PAGE 16 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 4 K Department of Central Services io Jefferson County, Washington 9SNINGT Fleet services Division PO Box 1200 371 Chimacum Road Port Hadlock, WA 98339 Phone: i360i 385 -0890 NOTICE TO RESPONDENTS 1 1 16 E °i 1- 17 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 91, 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 B.3] (Response) No. (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 B.71 (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 CA 8. 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: / /fortress.wa. gov /ga/ apps/ ContractSearcli/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 B99, 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 B.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 9. (Question) This fee is different for diesel without bio and for B99. Does the County expect to see one number for this tax? Will the County add an additional line for the fee for diesel and for B99? [Subsection D.1 Bid Line 2.i]. (Response) See Changes/Revisions by County above. Dated this 22nd day of April, 2015. JEFFERSON COUNTY Matt Stewart, Fleet Manager Motor Fuel, Addendum #1, Page 5 of 5 ^�w45oN °K Department of Central Services k9$ Jefferson County, Washington HIND 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 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. 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 10T 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 7. Subsection B.23.10.f is deleted in its entirety and replaced by the following: f. Stable and suitable for use when stored for up to nine months. Section B: Questions/Requests by Respondents and Responses by County 1. (Question) [Sampling and testing of fuel] is an expensive process. If there are no issues with the fuel and vehicles are running fine, then can the distributor take a bottom tank test sample and perform a visual inspection just once per year after verifying that the tank is clean before first delivery? [Subsection B.18] (Response) Sampling and testing need only occur to the extent deemed adequate by mutual agreement. 2. (Question) What is the expectation of Jefferson County with regard to tank cleaning? How often does Jefferson County have their tanks inspected and cleaned? [Subsection B.18] (Response) Jefferson County has been cleaning its tanks in preparation for biodiesel use and will continue that process, likely working with the Contractor to verify that the tanks are in satisfactory condition prior to placing its first order under the resultant contract. 3. (Question) Biodiesel is generally stable for 6 months. Can this be changed to 6 months? [Subsections B.23.9.a and 13.23.10.11 (Response) The intent of this section is to require an additive package that increases stability beyond the untreated stability of biodiesel. However, see changes by the County above. 4. (Question) Can [CFPP and freezing temperature] be modified to reflect ... B20 with ULSD and locally available biodiesel? [Subsection B.23.I0.a] (Response) The County recognizes that this subsection limits feedstock choice and precludes the use of some locally available biodiesel. However, it is essential that the County's operations not be impacted by temperatures reaching normal annual lows of approximately 10 °F. See changes by the County above. 5. (Question) Can you please add a commitment to when the manager or designee will respond or accept the invoice? [Subsection C.21] (Response) This subsection does not refer to acceptance of the invoice as misstated in this question but only to receipt and processing of the invoice. Inspection and approval of the delivered motor fuel will typically occur when the delivery driver furnishes paperwork for signature along with verification from automatic tank gauges, so there is little or no inherent delay there. The County's receipt of the invoice is largely under the Contractor's control, and processing of the invoice will be completed according to the County's normal schedule as described. Dated this 28th day of April, 2015. JEFFERSON COUNTY att Stewart, Fleet Manager Motor Fuel, Addendum N2, Page 2 of 2 ^k�AgON �oG� Department of Central Services �e Jefferson County, Washington RING Fleet Services Division PO Bon 1200 371 Chimacum Road Port Hadlock, WA 98339 Phone: 1360) 3850890 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 N3, Page 1 of 2 Dated this 7th day of May, 2015. JEFFERSON COUNTY Matt Stewart, Fleet Manager Motor Fuel, Addendum #3, Page 2 of 2 A PROJECT PROPOSAL Proposal Pricing Bidder must complete Unit Price column with its quoted price for each Bid Line. Bidder must complete Extended Price column by multiplying 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. B -d Proposed Price/ Estimated Line Descri tion Billing Rate I Quantity Extended Price Bid Line 01, Gasoline La. Proposed rack price for E10 oxygenated gasoline on May I Ith, 2015 $ 22232 /gallon 300,000 $ 666,960.00 Lb. Contractor's markup per gallon 300,000 $ -2,250.00 $ - 0.0075 /gallon Le. Washington state excise (motor -fuel) tax 300,000 S 112,500.00 $ 0.3750 /gallon 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 I.g. Washington Oil Spilt Tax 300,000 $ $ /gallon Sum of Extended Prices for Bid Line #1, Gasoline: EffidLine, S 787,170.00 Biodiesel Blend 2.a Proposed rack price for B99 biodiesel blendstock on May 11th, 2015 $ 22284 /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 I lth, 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 # I, Page 2 of 5 2.g. Washington state and local sales tax on Bid Lines 42.a. through #2.f. 9% $ 2.h. Federal LUST tax 200,000 S 200.00 $ /gallon gallon 2.i. Federal oil - spill- recovery fee per gallon petroleum 160,000 $ 304.00 diesel $ .0019 /gallon 2.j. Washington Hazardous Substance Tax 200,000 S 3,060.00 $ .0153 /gallon 2.k. Washington Oil Spill Tax 200,000 S $ /gallon 2.1. Federal oil - spill - recovery fee per gallon biodiesel 40,000 S 72.00 $ .0018 /gallon Sum of Extended Prices for Bid Line #2, Biodiesel Blend: S 482,152.00 Bid Line 0, Delivery 3. Cost per mile for alternate delivery locations 0.95 5000 $ 4,750.00 $ /mile Total Bid: $ 11274,072.00 (Sum of Extended Prices for Bid Line #1, Bid Line #2 and Bid Line 93) Motor Fuel, Addendum # I, Page 3 of 5 2. Bidder Contact Information and Bid Data Bidder is required to complete the appropriate information for the products proposed herein on the bid data pages. Failure to fill out all of the information requested may, at the discretion of the Manager, result in the bidder being deemed non - responsive. The County will use the information contained in the bid data pages and elsewhere in the bid to evaluate the responsiveness of the bidder. NOTE: WHERE ITEM IS NOT APPLICABLE, INDICATE WITB "N /A." 2.1. Person to Contact Regarding This Bid: NaW: Nick Schoenfelder PHONE: TITLE: Pr icing and Supply Manager , CELL: COMPANY: Associated Petroleum Products, Inc. E -MAIL ADDRESS: 2320 Milwaukee Way Tacoma, WA 98401 State of Washington Business Registration Number: Federal ID Number: Labor & Industries Number: UBI Number: 2.2. Rack prices: 91- 1186058 331,523 -01 600 -644 -597 253- 627 -6179 253 - 207 -4373 nicks @gotoapp.00m Name explicitly the rack prices quoted in these Bid Lines: Bid Line ]a. - Proposed rack price for FLO oxygenated gasoline: OPIS Tacoma 10AM Contract Average Bid Line 2.a. - Proposed rack price for B99 biodiesel biendstock: OPIS Portland B5 SME 10am Contract Average Bid line 2.c. - Proposed rack price for undyed D -2 ultra -low- sulfur diesel fuel: OPIS Tacoma 10am Contract Averaae 2.3. Starting Address for Deliveries to the County: 2320 Milwaukee Way Tacoma, WA 98401 2.4. Proposed Method of Transportation /Delivery, Including Compartment Capacities: TANK TRUCK AND TRAILER. COMPARTMENT SIZES (GAS /DIESEL): 1200/2,800, 1,400/1200, 3.200/2,800. 1,400/1,200, 2,200/2,000 2.5. Subcontractors: Attach additional sheets as needed. MOTOR FUEL, PAGE 20 OF 24 2�t 2.6. Exceptions to the Detailed Specifications: N/A 2.7. Exceptions to Any Other Section of This Document: N/A 2.8. Manufacturer, Manufacturer's Authorized Distributor /Service Representative INDICATE IF YOU ARE: Manufacturer Yes: No: X Manufacturer's Exclusive Distributor* Yes: No: X__ Manufacturer's Authorized Distributor* Yes: X No: Manufacturer's Authorized service Representative* Yes: No X 2.9. References: List below at least three (3) references (U.S.A. West Coast fleet customers are preferred): COMPANY NAME CONTACT NAME PHONE NIJMBER OAK HARBOR FREIGHT DAN VANDER POE 1- 206 -246 -2600 GOODWILL INDUSTRIES GARY CURTIS 1 -206- 860 -5754 3. JEFFERSON COUNTY MATT STEWART 1- 360 - 385 -0890 3. Confirmation of Receipt of Project Addenda: I acknowledge receipt of Addendum Number(s) _ t - 3 all of which are included in this bid price. 4. Non - collusion Declaration 1. by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 4_1. That the undersigned person(s), firm. association or corporation has (have) not, either directly or indirectly, entered into any agreement with any other bidder (proposer) or prospective bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal. nor any agreement or arrangement under which any act or omission in restraint of freedom of MOTOR FUEL, PAGE 22 OF 24 competition among bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. 4?. That by signing the signature page of this proposal.. 1 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 FULL: LEGAL ADDRESS], hereinafter referred to as CONTRACTOR, and JEFFERSON COUNTY, L 820 Jefferson Street, Port Townsend, WA 98368, the undersigned., hereinafter referred to as COUNTY. W7TNESSETH: 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 supersedes and replaces all prior negotiations, proposed agreements and agreements, written or oral. Each of the parties berete acknowledges that no other party hereto 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 heishe 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. IN A IEREOF, the parties here -to have executed this Agreement to be effective on the date of its signing by the COUNTY. ASSOCIATED PETROLEUM PRODUCTS, INC Contractor's Name (Please print) NICK SCHOENFELDER Name of Contractor's Representative (Please print) PRICING AND SUPPLY MANAGER Title ofContrattor'sR pre sentative`s (Please print) Contras or yenta ve's Signature (Sign) JEFFERSON COUNTY BOARD OF C MISSIONERS i David Sut van, Chalt tr uv �b en Phil Johnson, Commissioner Kathleen Kier, Commissioner Date &////5 5/1512015 Approved as to form only: / David Alvarez} llate 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 ". MOTOR FUEL, RAGE 23 OF 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 and Title of Aytborized Representative Signature of Authorize Representative ❑ I am unable to certify to the above statement. An explanation is attached MOTOR FUEL, PAGE 24 OF 24 Department of Central Services O Consent Agenda Page 1 of 1 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 13 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'wd 4,a t Philip Morley, domay Administrat6or Date CONTRACT REVIEW FORM CONTRACT WITH: TBD - Request for Bids � i. i l (Contractor) CONTRACT FOR: Motor Fuel TERM: 60 months COUNTY DEPARTMENT: Central Services For More Information Contact: Matt Stewart, M Contact Phone: 360 - 344 -9713 RETURN TO: Renee Fleet Services RETURN BY: AMOUNT: Dependent upon requirements PROCESS: Revenue: None Expenditure: _ 2.25MM Matching Funds Required: None Source(s) of Matching Funds: N/A Step 1: REVIEW BY RISK Review by: Date Reviewed: Exempt from Bid Process Consultant Selection Process Cooperative Purchase X Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ 19 APPROVED FORM Returned for revision (see comments) Comments: RN VIEW BY PROSECUTING ATTORNEY Re� by L o5 Z— P g ?15 DatetReviewed: j zo AS TO FORM MReturned for revision (See comments) Step 3: DEPARTMENT MAKES REVISIONS Have contractor sign appropriate number of originals. Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract and Agenda Request Form along with 6 copies of Contract and Review Form. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be submitted to BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) Ali °® CERTIFICATE OF LIABILITY INSURANCE 618/2015 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bell Anderson Agency, Inc. 600 S.W. 39th St, Suite 200 Renton WA 98057 CONAME: NTACT Linda Minami, CPCU, CRIS PHONE (425)291 -5200 FAC NO:(425)291-5200 E -MADREIL SS: lindamWbell- anderson. c= AD INSURERS AFFORDING COVERAGE NAIC # INSURER A:COntinental Western Insurance LIMITS INSURED Associated Petroleum Products, Inc. P O Box 1397 Tacoma WA 98401 INSURERS: INSURERC: INSURERD: INSURER E $ 11000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER.CL1512107344 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR TR TYPE OF INSURANCE amma UBR POLICY NUMBER MMIDD)YYYF MMIDDYIYE YY LIMITS James Hunt /RLA —� GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED PREMISES Ea occurrence $ 250,000 MED EXP(Any one person) $ 10,000 A CLAIMS -MADE Fil OCCUR DP6003197 /1/2015 /1/2016 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREG7,1IMIT APPLI ESPER: PRODUCTS- COMWOPAGG $ 2,000,000 $ POLICY PRO X LOC AUTOMOBILE LIABILITY EOMaBINEeDI SINGLE LIMIT 1,000 000 BODILY INJURY(Perperson) $ `a' X ANY AUTO ALL CANNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS Ix DP6003197 /1/2015 2/1/2016 BODILY (Pereceitlant) E PERTYURV -PROPERTY Peraccitlenl $ $ X MCS -90 Broadened Poll X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS $ 1 U6003198 2/1/2015 2/1/2016 A WORKERS COMPENSATION AND EMPLOYERS' LWBIUTY YIN ANY PROPRIETORIPARTNERIEXECUTIVE WC STATU- OTH- TORY I MITS ER L L. EACH ACCIDENT $ 1,000,000 IN FICERIMEMBER EXCLUDED? IN in NH) NIA DP6003197 /1/2015 /1/2016 EL DISEASE - EA EMPLOYE $ 11000,000 E. L. DISEASE - POLICY LIMIT S 1,000,OOD 1 es, describe under DESCRIPTION OF OPERATIONS below (wA Stop Ga p) DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Atltlifional Remarks Schedule, if more space is required) Certificate holder is additional insured with respect to General Liability, but only if required by written contract or written agreement per endorsement CLCGO0130813 attached. Coverage is primary & non - contributory per the attached endorsement CLCGO0130813. CFRTIFICATE HOLDER CANCELLATION mstewart @co.jefferson.wa.0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Jefferson County PO Box 1200 AUTHORIZED REPRESENTATIVE Port Hadlock, WA 98339 James Hunt /RLA —� ACORD 25 (2010105) INSD25 nmmnBi ni ©1988 -2010 ACORD CORPORATION. All rights reserved. Thn ACDRn nama and Innn oro ronicfarod mar4e of ACnwn 4 ASSOCIATED PETROLEUM PRODUCTS INC https: / /secure.Ini.wa.gov /verify /Details /1 iabi lityCertificate. aspx ?UBI =60... F!2 Department of Labor & Industries Certificate of Workers' Compensation Coverage WA UBI No. L &I Account ID Legal Business Name June 22, 2015 600 644 597 331,523 -01 ASSOCIATED PETROLEUM PRODUCTS INC Doing Business As ASSOCIATED PETROLEUM PRODUCTS Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 1 of Year 2015 "Greater than 100 (See Description Below) Workers" Account Representative TO / KRISTI LINN (360)902 -4620 - Email: LINB235 @lni.wa.gov Yes ASSOCPP989LJ 06/11/2016 Licensed Contractor? License No. License Expiration What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .12.050 and 51.16.190). 1 of 1 6/22/2015 14:35