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Contract 2018-61 AGREEMENT FOR FUEL TANK CLEANING THIS AGREEMENT, is made and entered into this b day of f U3U3-- 2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and TANK WIZARDS, INC., whose address is: 1511 Masters Road NW, Palm Bay, Florida 32907 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the School Board of Brevard County through the public procurement process awarded an Agreement for fuel tank cleaning, School Board of Brevard Count contract number ITB-15-B-019-DR; WHEREAS,CITY desires to utilize the above-referenced awarded bid,CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the School Board of Brevard County contract number ITB-15-B-019- DR. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I—SCOPE OF WORK The CONTRACTOR shall provide fuel tank cleaning as described in the School Board of Brevard County contract number ITB-15-B-019-DR, which is attached hereto and incorporated herein as Exhibit"A"and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit"A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II—THE CONTRACT SUM CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B', attached hereto and incorporated herein. ARTICLE III —TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties,and shall remain in effect until December 16, 2019, unless terminated or renewed as provided by the School Board of Brevard County. 1 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide fuel tank cleaning services forth in the applicable purchase order or notice to proceed. ARTICLE V—PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for services provided and accepted by the CITY. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont,Lake County,Florida,unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 ARTICLE VII— INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. Employers Liability insurance with the following minimum limits and coverage: (a) Each Accident, $100,000, (b) Disease-Each Employee, $100,000 (c) Disease-Policy Limit, $500,000 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONSULTANT's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $500,000 per claim $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $1,000,000 Each Occurrence, Combined Single Limit (d) Products-Completed Operations Aggregate$1,000,000 Each ($2,000,000 aggregate) Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider 3 (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death,or to injury to or destruction of tangible property(other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts,disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII—NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid,or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Tank Wizards, Inc. 1511 Masters Road NW Palm Bay, FL 32907 Attn: Wendall Stroderd, President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 4 ARTICLE IX— MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision,or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 1 8. Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: 5 (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X—AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in the School Board of Brevard County Contract/Bid No. ITB-15-B-019-DR. 6 I IN WITNESSnnrI WHEREOF,Hthe parties hereto have executed this Agreement on this; b day of U3 C/3+ ,2018. City of Cl ont ,rad„ TGail Ash, City Mayor Attest: / v Tracy Ackroyd owe, City Clerk Tank Wizards, Inc. By:�.ca,4.yW/ c 74*.e> ' ' (Name Printed or Typed) jOyee,00 19.00i1-.#74"- itle Attest: Corporate Secretary it .,,e456/e63•40" (Name Printed or Typed) 7 EXHIBIT A School Board of E3revard County Bvat Office of Purchasing & Warehouse Services �I . 2700 Judge Fran Jamieson Way Viera, Fl 32940-6601 Schools •1 I['. f•IJTVRG Desmond K. Blackburn, Ph.D., Superintendent •1 FLC'.iRI O^.'S. .I'f1CG co.4: November 27. 2017 ORIGINAL • Wendall Strodered Tank Wizards, Inc. 1511 Masters Road NW Palm Bay, FL 32907 RE: BID RENEWAL REQUEST ITB#15-B-019-DR Fuel Tank Cleaning To Whom It May Concern: Our current contract with your firm expires on December 16, 2017. Pending your approval, we would like to renew this contract for the optional renewal period. The bids terms and conditions allow for one(1)additional two(2) year renewals of the contract under the same terms and conditions if agreeable to both parties The renewal period would begin on December 17,2017 and expire on December 16 2019. If you are agreeable to renewing the contract.please sign below in blue ink and mail the ORIGINAL to the Office of Purchasing Services of the School Board of Brevard County as soon as possible so we may ensure the contract continues uninterrupted You will be notified when this renewal is received. Please contact Nick Canjar. Buyer at 321-633-1000. ext 630 or by email at caniar.iamesabrevardschools.orq if you should have any questions. Thank you for your past services. and we look forward to working with you in the future. Sincerely. eyill.v.‘ Ed Parker.CPPO, CPPB Director of Purchasing and Warehouse Services Tank Wizards, Inc. agrees to a two year renewal of ITB#15-B-019-DR: Fuel Tank Cleaning until December 16. 2019. The terms and conditions of the Bid remain in full force and effect except for the term, which is renewed by this letter. &.. l7,,r4=10razi,,sej. /(/ 8%c /7 Signature Printed Name and Title Date Ed Parker. CPPO. CPPB Director- Office of Purchasing& Warehouse Services Phone: (321)633-1000 Ext. 645 FAX: (321) 633-3618 Warehouse (321) 633-3680 Ext 14100• FAX:(321) 633-3698 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES I • 2700 JUDGE FRAN JAMIESON WAY ► S VIERA, FL 32940-6601 P. THF FVTIJ RG OF FLO RIAA'S S FACG COAST ITB#15-B-019-DR—Fuel Tank Cleaning VENDORS RECOMMENDED FOR AWARD: VENDOR NAME ESTIMATED AMOUNT AWARDED ITEM NOS. Tank Wizards, Inc. $44,123.54 All ESTIMATED TOTAL $44,123.54 SOLICITATION SUMMARY: Date Solicited: August 20, 2014 Number of Planholders: 17 Date Opened: October 1, 2014 No. Firms Solicited: 350 Original Board Approval: December 16, 2014 No. Firms Bidding: 1 CONTRACT TERM: The initial contract term shall commence December 17, 2014 and continue until December16, 2017,with a one (1)two (2) year renewal period. RECOMMENDATION: (Posted November 6, 2014 at 11:45 a.m.) It is the recommendation of Arby Creach, Director of Transportation Services, and staff to award to the lowest responsive and responsible bidder as identified above and highlighted on the attached tabulation sheet. The harsh climate of Central Florida, especially along the east coastline, requires additional preventative measures in order to maintain the district's bulk fuel storage tanks. Water vapor from atmospheric humidity, salt and other particulate matter and algae growth all contaminate the fuel stored in our bulk tanks. This contamination in turn is transferred to the vehicle that use this motor fuel and increases the amount of preventative maintenance and vehicle down time. The services provided by this vendor will prevent contaminates in our bulk tanks and reduce the amount of preventative maintenance and vehicle downtime. Request authority for the Director of Purchasing and Warehouse Services to renew the contract for one (1) additional two (2) year period. Contract renewal shall be contingent upon the Director of Transportation Serivces request for continuance of services and annual contract review. AUTHORITY FOR ACTION: Florida Administrative Code 6A-1.012 (9) ACTION BY BOARD _Approved Recommendation(s) Above &Awarded Meeting Date: December 16, 2014 Other I iz 3 a ',d ger li f i s; 111 IR x 1 f i 1 Tilt if 11e 6 V e) N A W ' , xtril . 1 . 10' / 11 . lit er' S T y IU �1 -1 IHUU Lw]8 Nw Kit,T Q, g v 'S 2@ O8 Gzs " l'-'8:8!'p 113 F 1 M F N } ii " 02 O r. QII,-!g lis S"riV f r S z m t. xtlag I h a o Fa € ;II a s o ? ? ? ft ? s" °l ? ? ? i i a 1 iiii f VP 1 I M Ring Power Corporation 10421 Fern Hill Drive NO BID NO BID Riverview.F7L 3300 569 FX: 5114728650 • N N N N N N N N N N N N 1 QNQ Wizards,zards,Inc. ,. ill !. o ..°S o Q� 1511 Masters Road NW 08 ii 88 $ 8 8 8 a _ ir i a f S > > i S S i 3` S i a ! Sri Z PPH::32-x654$757 M N N N N N N NN ,� FX:32147H131 O Contact:Wendall stroderd yN r ii A ii ; x 8E 8 88 : $ e S i a School Board of Brevard County w. Office of Purchasing & Warehouse Services BIek a 2700 Judge Fran Jamieson Way PLIN1C Viera, Fl 32940-6601 Sc '. Brian T. Binggeli, Ed.D., Superintendent T he r t; I u P e or ILa * sill 's . SPACE COASI December 17, 2014 Wendall Strodered Tank Wizards, Inc. 1511 Masters Road NW Palm Bay, FL 32907 RE: NOTICE OF AWARD ITB 15-B-019-DR: Fuel Tank Cleaning Dear Mr. Strodered: The School Board of Brevard County, Florida, meeting in official session on December 16, 2014, voted to award the item(s) noted and highlighted on the enclosed recommendation/tabulation to the following company/companies: Tank Wizards, Inc. Palm Bay, FL The contract term is three years from 12/17/2014 with the option to renew annually for up to one (1) additional two (2) year period. You may view the solicitation and all associated documents for this bid at: http://www.demandstar.com/ This letter is ONLY notification of award of the solicitation. Purchase Orders shall be placed as needed. If applicable, please provide certificate of insurance and W-9 as required per contract terms and conditions to the buyer listed below. Please contact Dawn Richer, CPPB, FCPA, Purchasing Manager at 321-633-1000 ext. 637 or by email at Richer.Dawn(a�brevardschools.orq if you should have any questions. Thank you for your continued interest in the School District of Brevard County. Sincerely, tikir-\ Ed Parker, CPPO, CPPB Director of Purchasing and Warehouse Services Enclosure CC: Bid Folder Ed Parker, CPPO, CPPB Director- Office of Purchasing & Warehouse Services Phone: (321) 633-1000 Ext. 645 . FAX: (321) 633-3618 Warehouse: (321) 633-3680 Ext. 14100• FAX: (321) 633-3698 TviVirif School Board of Brevard County 1) bile` 2.7U0 Judty,tt• I !du W'.n • View, I 1 ;291() NMI SC 10In II,i,u► I liiti g►•li, )., cul►1 rinl�•n�1�•I�I November 6,2014 NOTICE OF INTENDED DECISION ITB#15-019-DR Fuel Tank Cleaning The Office of Purchasing Services hereby notifies all firms of an intended decision regarding the award of the above mentioned solicitation as outlined below. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes,or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120,Florida Statutes. Please contact Dawn Richer, Senior Buyer at 321-633-1000 ext. 637 or by email at Richer.Dawnabrevardschools.org if you should have any questions. Thank you for your continued interest in the School District of Brevard County. Sincerely, Ed Parker,CPPO,CPPB Director of Purchasing and Warehouse Services Enclosure cc: Solicitation/Contract Folder �n I.fuel l)1.1'...tund► I ml.1-,• SUBMIT TO: - . . INVITATION TO BID The School Board of Award County, Florida ' ' .1 t Office of Purchasing&warehouse • 16 AN EQUAL OPPORTUNITY EMPLOYER Services,Ped 8,Room 102 \-jar mmixaminkatharz 2701 Judge Frac iambs=Way isle * r Viers,FL.329404401 wags te :.. CONTACT PERSON: w•+�as *= Date issued: Avast 20,2014 Dawn Richer,Sr.Buyer Telephone f/: 321-633-1000 Ext.64S Fat$: 321-633-3618 TITLE.: NUMBER: SUBMITTAL DEADLINE: Fad Tank Cleaning 1TB#15-8-019-DR September 24,2014 at 2:00 PM PRE-SID CONFERENCE- DATE,TIME AND LOCATION: SLIAflTTALSRLCFJ1�UAfTEIt ARCMDATE 28,2014 at 10:00 AM In the 1'arrhasing Conference Room(712B)located at 2700 AND ME WILL NOT BE COANDERED Judge Fran Jamieson Way, Vitra,FL 32940 - FIRM'S"LEOAL"NAME(As demised in the Section Tilled`Florida Department of Florida Division of Coepontion Document Number: S Divisiea formationsRegistrationrcmaou within this ITB.): ✓f/ 7O�j�7 7,UIMAsti ADSS: I hereby cosi 5.that have readout understand the tequirementsof this Invitdicw A.5"//' (4e-6 74:40,,,„J '9 �fV !'' r�/• to Rid and that I,a the Tor retort,wall comply with an requirements of kbit offer �j and any s)undue other transaction molted by this award. C1TY 'A -Z1 P: T ELEPHONIi NO: 303/-- 2 6,7Authorised Stratum hl. 1 ?e,4--Zt 2r�// eS-2 er0®►RP/rat' 3 FAX NO: _ _ Typed Tame �j+ RAI ID NO. RSOCT�SE11RI7Y O. Nese �'� I/7/ /Tine tate 111' -- 171,ROD5Y6 74,4......e...._//e. 74.004A4"14D.i z 4 /0"4-‘245:,,A10.....s _., Email Address THIS FORM MUST BE COMPLETED ANt)RETURNED WITH YOUR RESPONSE GENERAL CONDITIONS AND INSTRUCTIONS ••••PLEASE READ CARF.FULLY•••• individuals cetaed by the Americans with Disabilities Act of 1990 iso need of accommodations to attend pabhc erpeaingr a meetings spawned by the School Board of Dnvard Courtly,shall comma the(Mice of Purdue in &Warehouse Service at 321-633-1000 hat.64S.at least foe(S)days prior to the adrcdat ed opening or meal*v. 1. SUBMISSION OF OFFERS: All offers shall be submitted in a=led remain except until such time as the School Board provides mascot an intended envelope or package.The imitation nuester,title.,and opening date shall be decision concerning the competitive procurement txoeess or tunul it withdraws the dearly flayed to lbe outside of the staled envelope or package. The tetanal competitive sdiclition.A bid,prvposel or reply is Cot osempt for longer delivery of responses to the School hoard of Brewed County Office of them tttw�eltae(12)months after the initial agency notice rejecting all bids,proposals Porclasing&Warehouse Services prior to the specified date and tante is or raphes. wifely and strictly dna roarmasiblity of the offeror. Any submittal received is the Office of Purchatiog&Wsrehoume Services afar the specified date and 4.PUBLIC RECORD: The School District is governed by the Public Raoul Law, time will not use aimidaod. Chapter 119.Florida Statute. Pursuant to Chapter 119 only trade secrets as do flood iw Scetion 812.08 1 and sub6caiou 119.071(IXe).Fbcida Statues shaft be Rayon=AO be submitted on fonts provided by the School ltomd. exempt from disdowre. Effective July 1,2013,the Florida Legislature enacted Additional information may he attached to the sularimL Facsimile Florida Statute 119.0701. This stature requires that all conuractora shall comply sutltraissiortsare NOTacecptaMF No offer maybe modified after acceptance. with Florida's public mord laws with respect to services performed en behalf of No offer may be withdraw"after opening for a period of sixty(60)days die School Muria. Spea5cally,the statute requites that contractors: tsslessuthetwise specified. A.iCcep and maintain public rector that ordinarily and necessarily would he required by the public ase icy le order to pedant the service. 2. RXECI7TTOY OF OFFERS Offer stall contain a manual sigmturc in the II. Provide the pahke with access se public records on the sane terms and space(s)provided of a moresematite authorised to lcgstly bind the°ffame to con&tions that a public agcacy would provide the mcarda and at a cost that does the provisions therein. All spaces requesting information from the offeror not exceed the cost provided by Chapter 119 of the Florida Slatatci cc as otherwise shall be completed. Btsponaes shall be typed or printed in ink. Use of presided by law. erasable ink or pencil is not permitted. Any correction made by the offeror C. Ensure that public records that arc exempt or cmrfidential Cad eactupl from to any cavy must be initialed. public records disclosure regairenmew arc not disclose)except as suthocittd by law. 3. OPENING: The biei'prvpotal shall be opened at the duc,rine and place D. Meet all rea7airerneata for retaining public records and transfer.at no cast mentioned in solicitation/invitation, as it may be amended in the sok to the public agency all pub&records in possession of the m itrador upon discretion of die School Board.Pnnsuant to subsection 119.071(1)(b)Flotida termination of the contract and destroy any duplicate public records that arc Statutes(2011)sealed hide,proposals or replies received by the School Board exempt or eonfidastial and aaRot from public records disclosure requirements. pursuant toaoompetitiresoliertatioasit exempt from the Public Records Act All records stored e(ee*ronially mast be provided to Om School District in a (Mader 119)and Section 21(0),Article I of the Tlorida Constantino until format that is compatible with the information technology system of the School such time as the School Board provides notice of an iokaded decision or until District thirty(30)days arta opening the bids,proposals,ur foal replies,whichever is earl ia, If the School Board rejects alt bids,proposals or replies submitted The Paiute oily Co>trtractnrtoe:empty with the puvisiva s set forth in this Article, in response to a competitive and ieitatiem,and the School Board conamrerdty if applicable,shall constitute a default and material breach of this AVoameat, provides notice din.intet to reissue the competitive solicitation,the rejected which.may result in immediate termitation,with no penalty to the School District. bids.proposals or replies Page 1 of 44 milk 5. CLARIFICATION/CORRECTION OF ENTRY: The School Board not be returned to the offeror. The result of any and all testing shall be made reserves the right to allow for the clarification of questionable entries and available upon written request. the correction of OBVIOUS MISTAKES 15. SILENCE OF SPECIFICATIONS: The apparent silence of these 6. INTERPRETATION/ADDENDA: Any questions concerning conditions specifications or any supplemental specifications as to details or the omission and specifications shall be directed to the designated contact person Those from same of any detailed description concerning any point,shall be regarded interpretations which may affect the eventual outcome of the invitation/offer as meaning that only the best commercial practices are to prevail and that only shall be furnished in writing to prospective offerors. materials of first quality and correct type,size,and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall No interpretation shall be considered binding unless provided in writing by be made upon the basis of this statement. the School District Office of Purchasing&Warehouse Services in the form of an addendum. Any addenda issued shall be acknowledged by signature 16. GOVERNING LAWS AND VENUE: All legal proceedings brought in and returned with offeror's response. connection with this Contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Brevard Failure to acknowledge addenda may result in the offer not being County,Florida.Venue in federal court shall be in the United States District considered. Court, Middle District of Florida, Orlando Division. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits 7. INCURRED EXPENSES: This invitation does not commit the School filed there against such party arising under or in connection with this Board to make an award nor shall the School Board be responsible for any Contract. In the event that a legal proceeding is brought for the enforcement cost or expense which may be incurred by any respondent in preparing and of any term of the contract, or any right arising there from, the parties submitting a reply,or any cost or expense incurred by any respondent prior expressly waive their respective rights to have such action tried by jury trial to the execution of a purchase order or contract agreement. and hereby consent to the use of non-jury trial for the adjudication of such suit. All questions concerning the validity, operation, interpretation, 8. PRICING: Unless otherwise specified prices offered shall remain firm for construction and enforcement of any terms,covenants or conditions of this a period of at least sixty(60)days;all pricing of goods shall include FOB Contract shall in all respects be governed by and determined in accordance DESTINATION,all packing,handling,shipping charges and delivery to with the laws of the State of Florida without giving effect to the choice of law any point(s)within the School District to a secure area or inside delivery; principles thereof and unless otherwise preempted by federal law. all prices of services shall include all expenses necessary to provide the service at the location specified. 17. ASSIGNMENT: The Bidder shall not sell,assign or transfer any of its rights, duties or obligations under the Contract,or under any purchase order issued 9. ADDITIONAL TERMS&CONDITIONS: The School Board reserves the pursuant to the Contract, without the prior written consent of the right to reject offers containing terms or conditions contradictory to those Superintendent. In the event of any assignment, the Bidder remains requested in the invitation specifications. secondarily liable for the performance of the Contract, unless the Superintendent expressly waives such secondary liability. The 10. TAXES:The School Board of Brevard County is exempt from Federal and Superintendent may assign the Contract with prior written notice to Bidder of State Tax for Tangible Personal Property.Florida State Exemption Certificate its intent to do so. For the purpose of this Contract,"assignment"means any No. 85-801262I745C-3. Vendors or Contractors doing business with the voluntary,involuntary,direct or indirect assignment,sale,or other transfer by School Board of Brevard County shall not be exempted from paying sales tax Bidder or its owner(s),of any interest in this Agreement, more than ten to their suppliers for materials to fulfill contractual obligations with the percent(10%)of the ownership interest in Bidder, or one of a series of District,nor shall any Vendor/Contractor be authorized to use the District's transfers that in the aggregate constitute the transfer of more than ten percent Tax Exemption Number in securing such materials. (10%) of the ownership interest in Bidder. The term includes, without limitation: (1) transfer of ownership of capital stock or any partnership I1. DISCOUNTS: All discounts except those for prompt payment shall be interest; (2) merger, consolidation, or issuance of additional securities considered in determining the lowest net cost for evaluation purposes. representing more than ten percent(10%)of the ownership interest in Bidder; (3) sale of common stock of Bidder pursuant to a private placement or 12. MEETS SPECIFICATIONS: The offeror represents that all offers to this registered public offering,which transfers more than ten percent(10%)of the invitation shall meet or exceed the minimum requirements specified. ownership interest in Bidder;(4)transfer of any interest in Bidder in a divorce proceeding or otherwise by operation of law;or(5)transfer of more than ten 13. BRAND NAME OR EQUAL: If items requested by this invitation have percent(10%)of the ownership interest in Bidder in the event of the death of been identified in the specifications by a Brand Name "OR EQUAL" an owner,by will,declaration of or transfer in trust,or under the laws of description,such identification is intended to be descriptive and not restrictive intestate succession. and is to indicate the quality and characteristics of products that will be acceptable. Offers proposing"equal"products will be considered for award 18. CONTENT OF INVITATION/RESPONSE: The contents of this if such products are clearly identified in the offer and are determined by the invitation,all terms,conditions,specifications, and requirements included School Board to meet fully the salient characteristic requirements listed in the herein and the accepted and awarded response thereto may be incorporated specifications. into an agreement to purchase and become legally binding. Any terms, conditions,specifications,and/or requirements specific to the item or service Unless the offeror clearly indicates in his/her offer that he/she is proposing an requested herein shall supersede the requirements of the "GENERAL "equal"product,the offer shall be considered as offering the same brand name CONDITIONS AND INSTRUCTIONS." product referenced in the specifications. 19. INDEMNIFICATION OF SCHOOL BOARD If the offeror proposes to furnish an"equal"product,the brand name of the During the term of this agreement, the Contractor shall indemnify, hold product to be furnished shall be clearly identified. The evaluation of offers harmless, and defend the School Board of Brevard County, its officers, and the determination as to equality of the product offered shall be the agents, servants, and employees from any and all costs and expenses, responsibility of the School Board and will be based on information furnished including,but not limited to attorney fees,investigative and discovery costs, by the offeror. The Office of Purchasing & Warehouse Services is not court costs, settlements, court/jury awards, punitive damages, special responsible for locating or securing any information which is not identified in damages,etc. until the termination of the claim or until the termination of the response and reasonably available to the Office of Purchasing & litigation whichever comes first;and any and all other sums which the Board, Warehouse Services. To insure that sufficient information is available the its agents,servants,and employees may pay or become obligated to pay on offeror shall furnish as part of the response all descriptive material necessary account of any,all,and every claim or demand,or assertion of liability arising for the Office of Purchasing&Warehouse Services to determine whether the from,as the result of,or out of the products,goods,or services furnished to product offered meets the salient characteristics required by the specifications the School Board by the Contractor,its agents,servants or employees,or any and establish exactly what the offeror proposes to furnish and what the School of the Contractor's equipment in operation or equipment parked or stored on Board would be binding itself to purchase by making an award. premises owned or controlled by the Board for the purpose of performing services, delivering products or goods, installing equipment,or otherwise 14. SAMPLES: When required,samples of products shall be furnished with transacting business,whether such claim or claims be for damages,injury to response to the School Board at no charge. Samples may be tested and will person or property,including the Board's property,intentional acts,or death of any person,group or organization,whether employed by the Contractor or Page 2 of 44 the Board or otherwise. This agreement to indemnify and hold harmless include the plural number. The word"shall"is always mandatory and not includes an obligation to indemnify and hold the School Board of Brevard merely directory. County harmless for liability for any negligence on the part of the School Board until both the Contractor and Board agree that the School Board was 28. GENERAL INFORMATION ABOUT THE DISTRICT:The District and solely negligent. If the question of"solely negligent"should arise,a court its governing board were created pursuant to Section 4,Article IX of the agreeable to both parties may be engaged to settle this dispute. Constitution of the State of Florida. The District is an independent taxing and reporting entity controlled and operated by District school officials in 20. PATENTS, COPYRIGHT,AND ROYALTIES: The supplier/provider, accordance with Chapter 1001,Florida Statutes. The Board consists of five without exception,shall indemnify and save harmless the School Board,its elected officials responsible for the adoption of policies which govern the officers,agents and employees from liability of any nature or kind,including District's schools and departments. The Superintendent of Schools is cost and expenses for or on account of any copyrighted,registered,patented, responsible for the administration and management of the schools and or unpatented invention, process, or article manufactured or used in the departments within the applicable parameters of state law,State Board of provision of goods and/or services,including use by the School Board. If the Education Rules, and School Board policies. The Superintendent is also supplier/provider uses any design,device,or materials covered by letters, specifically delegated the responsibility of maintaining a uniform system of patent,copyright,or registration,it is mutually agreed and understood without records and accounts in the District per Florida Statutes as prescribed by the exception that the quoted price shall include all royalties or costs arising from State Board of Education. the use of such design,device,or materials in any way involved. The SFA reserves a royalty-free,nonexclusive,and irrevocable license to reproduce, 29. UNIFORM COMMERCIAL CODE: The Uniform Commercial Code publish or otherwise use,and to authorize other to use,for SFA purposes:(a) (Florida Statues, Chapter 672) shall prevail as the basis for contractual The copyright in any work developed under a grant,subgrant,or contract obligations between the awarded Contractor and the School Board of Brevard under a grant or subgrant;and(b)Any rights of copyright to which a grantee, County for any terms and conditions not specifically stated in this Invitation sub grantee or contractor purchases ownership with grant support. 7 CFR to bid. 3016.36(i)(9)The SFA reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish or otherwise use,and to authorize other to use, 30. AVAILABILITY OF FUNDS: for SFA purposes patent rights with respect to any discovery or invention The obligations of the School Board of Brevard County under this award are which arises or is developed in the course of or under such contract.7 CFR subject to the availability of funds lawfully appropriated for its purpose by 3016.36(i)(8). the State of Florida and the School Board. All purchases are contingent upon available District funding. 21. TRAINING: Unless otherwise specified suppliers/providers may be required at the convenience of and at no expense to the School Board to 31. NO CONTACT:Vendors,contractors,consultants,or their representatives provide training to School Board personnel in the operation and maintenance shall not meet with,speak individually with,or otherwise communicate with of any item purchased as a result of this invitation. School Board members,the Superintendent,or School District staff,other than the designated Buyer,and School Board members,the Superintendent, 22. ACCEPTANCE: Products purchased as a result of this invitation may be or School District staff,other than the designated Buyer,shall not meet with, tested for compliance with specifications. Items delivered not conforming to speak individually with,or otherwise communicate with vendors,contractors, specifications may be rejected and returned at respondent's expense. Those consultants,or their representatives,about potential contracts with the School items and items not delivered by the delivery date specified in accepted offer Board once an Request for Proposals,Request for Quote,Invitation to Bid, and/or purchase order may be purchased on the open market. Any increase Invitation to Negotiate,or Request for Qualifications has been issued. Such in cost may be charged against the respondent. communication with any party other than the designated purchasing agent shall be prohibited until the School Board has awarded the competitive 23. SAFETY WARRANTY: Any awarded supplier/provider including dealers, solicitation. Any such communication shall disqualify the vendor,contractor, distributors,and/or manufacturers shall be responsible for having complied or consultant from responding to the subject Request for Proposals,Request with all Federal,State,and local standards,regulations,and laws concerning for Quote, Invitation to Bid, Invitation to Negotiate, or Request for the product or service specified,and the use thereof,applicable and effective Qualifications. on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental 32. DISTRICT DEMOGRAPHICS:The District is coterminous with Brevard agencies. County. The District currently operates 85 schools including 57 Elementary Schools, 12 Middle Schools, and 16 High Schools. The District is also 24. WARRANTY: The offeror agrees that, unless otherwise specified, the responsible for 18 alternative sites/special centers and 9 Adult/Community product and/or service furnished as a result of this invitation and award Education Centers. The total full-time K-12 enrollment of public school thereto shall be covered by the most favorable commercial warranty the students on October 15,2010 was 69,459. In 2010,according to the National offeror gives to any customer for comparable quantities of such products Center of Education Statistics,the District was reported as the 10th largest and/or services and that the right and remedies provided herein are in addition school district in the State of Florida and the 47'"largest school district in the to and do not limit any rights afforded to the School Board by any other United States,as ranked by student population. The District is the largest provision of the invitation/offer. employer in Brevard County with approximately 9,000 full-time employees. 25. AWARD: As the best interest of the School Board may require,the School 33. SUSPENSION OF VENDORS: When a vendor has been found to be non- Board reserves the right to make award(s)by individual item,group of items, compliant with a contract,the Director of Purchasing or designee shall issue all or none,or a combination thereof;on a geographical basis and/or on a a letter to the vendor that identifies the issues and gives reasonable notice to district wide basis with one or more supplier(s)or odprovider(s);in to reject any correct. If the identified issue warrants immediate suspension or if the vendor and all offers waive any irregularityeno orp ons technicality offers received. continues to fail to perform in accordance with the contract terms,the Director evOfferors are cautionednresponsive.make nn aosumptions unless teeis affer has been of Purchasing may suspend the vendor for a period of up to 180 days where aed sash being tapAny Sr Schoolall Board award(s)mades, ase result Rules,othis the vendor may not participate in any new business with the School District. invitatione offFl conformdato applicable Board Rules,State Board The vendor may appeal the suspension to the Superintendent or designee and State Florida Statutes. within ten(10)business days of the receipt of the notice of suspension. Upon 26. VIOLATIONS: Any violation of any of the stipulations, terms, and/or continued non-compliance with a contract or multiple contracts,the Director conditions listed and/or included herein may result in the respondent being of Purchasing may recommend to the School Board to find the vendor in removed from the School Board Bid list and the /respondent being default. Whenever the School Board finds a vendor to be in default of a disqualified from doing business with the School Board for a period of time contract which the vendor has been previously awarded,then the vendor will to be determined on a case-by-case basis. be removed,for a period of up to two years,from all bid lists and will not be considered for any new awards during this period. At the end of this period, 27. For purposes of this Invitation and evaluation of responses hereto the the vendor may re-apply for inclusion on bid lists and may be considered for following shall apply: unit prices shall prevail over extended prices;written any new awards. matter shall prevail over typed matter;numbers spelled in word form shall 34. SCHOOL BOARD RULES, POLICIES AND PROCEDURES: The context weds used numerals present tense over"d). When not,words inconsistent wpluith rules,policies and procedures of the Superintendent and the School Board are nmr include used in the ular ntmber include therfuture,words inthe numberr binding on the parties. Specifically,the Vendor is bound to understand the number the singular number, and words in the singular Page 3 of 44 limitations on the staff of the School District with whom the Vendor or its consultants,subcontractors and agents/employees may deal. Personnel of the School District are unauthorized to change the scope of work or to authorize any modification to the contract unless there is a specific policy,procedure or rule of the Superintendent or School Board that expressly confer such authority. All procedures,rules and policies concerning change orders are binding upon the Vendor and the Vendor is presumed to have read and understood all applicable policies,procedures and rules of the Superintendent and School Board. 35. OTHER AGENCIES A. All respondents awarded contracts from this solicitation may, upon mutual agreement with the awarded respondent(s),permit any school board, community college, state university, municipality or other governmental entity,to include Public Charter Schools to participate in the contract under the same prices,terms and conditions. B. Further, it is understood that each entity will issue its own purchase order to the awarded respondent(s). 36. DAVIS-BACON ACT(34 CFR 80.36(i)(4)): All vendors,contractors and subcontractors must comply with the Davis-Bacon Act(40 U.S.C.276a to 276a-7)as supplemented by the Department of Labor regulations(29 CFR part 5). (Construction contracts in excess of$2000 awarded by grantees and sub-grantees when required by Federal grant program legislation). (Applies to all construction contracts in excess of$2000 awarded by the District and sub-grantees when required by Federal grant program legislation). 37. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES:In accordance with Section 287.135 of the Florida Statutes, "A company that,at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract,is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for,and may not bid on,submit a proposal for,or enter into or renew a contract with an agency or local governmental entity for goods or services of$1 million or more." Section 215.473 defines a company to include"all wholly owned subsidiaries,majority-owned subsidiaries,parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit." By submitting a response to this solicitation,a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to s.215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The School Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Notwithstanding the preceding, the School Board reserves the right and may,in its sole discretion,on a case by case basis,permit a company on such lists to be eligible for,bid on,submit a proposal for, or enter into or renew a contract, should the School Board determine that the conditions set forth in Section 287.135(4)are met. THE SCHOOL BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES,AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE SCHOOL BOARD Page 4 of 44 ITB#15-B-019-DR Fuel Tank Cleaning The purpose of this Invitation to Bid(ITB) is to solicit competitive sealed Bids to furnish Fuel Tank Cleaning for the use of The School Board of Brevard County, Florida (School Board). 1.0 SCOPE 1.01 This Specification establishes the minimum requirements for this solicitation, listed and described in the body of these specifications, to be used as noted, by The School Board of Brevard County. • • 1.02 AWARD TERM The School Board's goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful bidder(s) shall be awarded a contract for an initial three (3) year term with one (1) two (2) year renewal period. The award term recommendation will be that which is determined to be in the best interest of the School Board. The renewal option shall be exercised only if all original contract terms, conditions, and prices remain the same. All renewals will be contingent upon mutual written agreement and, when applicable, approval of School Board. 1.03 SERVICES TO BE PROVIDED, AND APPLICABLE SPECIFICATIONS Vendor shall have current registration as a Used Oil Transporter, Transfer Facility, Filter Transporter, and Filter Transfer Facility by the Florida Department of Environmental Protection. Copy of Registration must be included in the bid package. Annual renewals must be maintained by the Vendor during the entire contract period. Failure to include current registration with the bid package shall deem the Vendor as non-responsive. 1.03.1 Quarterly sampling and fuel treatment (per specifications): a)The quarterly sampling and fuel treatment shall include, but not be limited to all items listed below in the specifications. If a bidders company offers other inspection services in addition to these, the items must be listed with the bid. b) Quarterly treatments shall not be performed within 80 days of the previous quarterly treatment. c) On a quarterly basis vendor shall perform the following fuel sampling and treatment services: 1. Vendor shall draw a fuel sample from tank bottom and provide sample to agency along with a written report. 2. Vendor shall also treat fuel in tank with FQS 1.5 microbicide per manufacturer's label directions for microbial, bacterial, and fungal growth control. 1.03.2 Fuel Tank Cleaning a) Fuel will be filtered to the 5 micron level, free from Basic Sediment and Water (BS&W), and treated with a Bacterial & Fungal growth inhibitor (FQS 1.5) and Fuel • Treatment ( Power Max Plus)to rebuild the fuel. If a bidder's company offers other fuel tank cleaning items in addition to these, the items must be listed with the bid. b) Vendor shall clean tanks using eight stage closed loop filtration system as follows: 1) 25 micron bag filter under suction 2) Mechanical oil/water separators under suction 3,4,5,6) Filtration from 10 to 5 micron (Beta 200 or 1000) using 4 canister filters: under pressure. Page 5 of 44 I I ITB#15-B-019-DR Fuel Tank Cleaning 7) Water separation through coalescing unit again under pressure 8) Final Pass through water absorption filters 9) Supply EPA manifest of collected, transported and disposed fuel, water, sludge and contaminants. Process shall mechanically remove water, microbiological growth and sludge contamination form covered tanks with filtration down to 5 micron Vendor shall add fuel treatment listed above per manufacturer's specifications (FQS 1.5 before cleaning) and Power Max Plus (containing cetane boosters (4 to 6 points minimum), oxygen scavenger, fuel stabilizer, corrosion inhibitor, de-emulsifier (NO DISPERSANT),) after mechanical cleaning. Vendor shall then draw a fuel sample from tank bottom (tanks over 1000 gal at no charge) and submit to an independent laboratory to establish a complete kill and successful tank and fuel cleaning. Vendor shall provide follow up service and warrant work as follows: Draw samples from tanks over 1000 gallons at 180 days after cleaning at no charge to agency and provide samples to maintenance along with report. Draw samples from tanks over 5000 gallons at 180 days and 270 days after cleaning at no charge to agency and shall provide samples to maintenance along with report. Vendor shall UNCONDITIONALLY guarantee clean fuel and tanks for the following terms: Tanks under 1000 gal capacity for 180 days Tanks over 1000 gal capacity for one year If at any time during this warranty period tanks become contaminated or dirty vendor shall re-clean the tank at no charge to agency Failed samples drawn at prescribed intervals or any other time during warranty period shall be the determining factor for re-cleaning 1.03.3 Fuel Sampling and Chemical Lab Analysis a)The Chemical Lab Analysis shall include a complete report of the fuel evaluated, and shall include but not be limited to all the items listed below. If a bidder's company offers other analysis in addition to these, the items must be listed with the bid. 1) Bacterial, 2) Fungal, 3) Bottom sediment&water, 4) % residue 1.03.4 Additional Insurance Awarded vendor shall provide Pollution Liability Insurance for$1,000,000.00.Covers any spill or discharge of pollutants that is not covered by the liability insurance. 1.04 DISCOUNT ADJUSTMENTS Unless a change is deemed to be in the best interest of the District, there will be no discount adjustments allowed during the contract period. The discounts submitted on the Price Sheet shall remain firm throughout the contract period. Bidders are encouraged to consider this requirement when offering discounts. 1.05 LABELING Each carton, package, box and/or container shall be labeled. Each label shall identify each carton as follows: Page 6 of 44 ITB#15-B-019-DR Fuel Tank Cleaning A. Name of item. B. Quantity of item contained. C. Purchase Order Number. D. Company. 1.06 METHOD OF ORDERING Items shall be order via individual purchase orders or by visa purchasing card on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order. 1.07 TIME FOR COMPLETION OR DELIVERY The Owner and Awarded Contractor agree that time is of the essence in the performance of Work called for under this Agreement. The awarded contractor agrees that all work will be accomplished regularly, diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within reasonable time periods. The awarded contractor or Owner, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes. or other transportation delays, damage to or destruction of, in whole or in part, equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason or any other causes, contingencies or circumstances not subject to the Owner's or Elevator Contractor's control. respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Owner's or Elevator Contractor's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement, or on the date of the start of work, shall extend the time of the Owner's or Elevator Contractor's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal work schedules. 1.08 BARRICADES The Bidder shall provide all barricades and take all necessary precautions to protect building and personnel. All work shall be complete in every respect and accomplished in a workmanlike manner and Bidder shall provide for removal of all debris from the School Board of Brevard County. 2.0 STANDARD TERMS & CONDITIONS 2.01 CLOSING DATE Bids must be received by The School Board of Brevard County, Florida, Office of Purchasing & Warehouse Services, Pod 8, Room 802, 2700 Judge Fran Jamieson Way, Viera, FL 32940-6601, no later than 2:00 p.m., local time, on September 11, 2014. Bids received after this time will not be considered. 2.02 TENTATIVE SCHEDULE August 20, 2014 Invitation to Bid Available August 28, 2014 Pre-bid Conference September 12, 2014 Deadline for Questions September 24, 2014 Bid Closing Date October 28, 2014 Planned Award Date 2.03 DELIVERY OF BIDS All Bids shall be sealed and delivered or mailed to (faxes/e-mails will not be accepted): The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services, Pod 8. Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 Page 7 of 44 ITB#15-B-019-DR Fuel Tank Cleaning Mark package(s) "Bid #15-B-019-DR, Fuel Tank Cleaning" and insure that bidders return address is listed on the outside of the package. Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that the third party is properly instructed to deliver the Bid Submittal only to the Purchasing Department, at the above address. To be considered, a Bid must be received and accepted in the Purchasing Department before the Bid closing date and time. 2.04 PRE-BID CONFERENCE/SITE VISIT A. A pre-bid conference/site visit will be held at The School Board of Brevard County, Florida, Purchasing Conference Room (7126), 2700 Judge Fran Jamieson Way, Viera, FL 32940, at 10:00 a.m., local time, Thursday, August 28, 2014. While this is not mandatory, all interested parties are encouraged to attend and participate. B. Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public Bid openings or meetings should contact the Purchasing Department at 321-633-1000 x645 at least five (5) days prior to the meeting date. 2.05 PUBLIC BID OPENING A. The Bids will not be available for inspection during normal business hours in the Purchasing Department until thirty (30) days after bid opening date or notice of a decision or intended decision, whichever is earlier, by appointment. (Florida Statute 119.071 (1) (b)). B. A copy of the completed bid tabulation will be available at http://www.demandstar.com/ within ten (10) days. C. Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public Bid openings or meetings should contact the Purchasing Department at 321-633-1000 x645 at least five (5) days prior to the meeting date. 2.06 BID SUBMITTAL FORM A. See Submittal Requirements for complete details. B. Note: It is not necessary to return every page of this document with the bid proposal; return only the pages that require signatures or information. C. Each bidder shall submit four(4) complete sets of the Bid Submittal: • One(1) hard copy marked "ORIGINAL" • Two (2) hard copies marked "COPY" • One(1) COMPLETE electronic copy on a CD or jump drive in PDF format (Excel spreadsheets shall not be recorded in PDF). Note the solicitation number and name of company on the disk If a Non-Disclosure Agreement is signed and confidential materials are submitted, such confidential materials shall not be included on the master CD. Confidential materials shall be segregated on a separate CD, plainly labeled "Confidential Materials". D. The Invitation to Bid page and other required documents must be signed by an official authorized to legally bind the bidder to all bid provisions. E. Terms and conditions differing from those in this Bid shall be cause for disqualification of the Bid Submittal. Page 8 of 44 ITB#15-B-019-DR Fuel Tank Cleaning 2.07 QUESTIONS CONCERNING BID A. Questions concerning any portion of this Bid shall be directed in writing or by e-mail to the Purchasing Representative named below, who shall be the official point of contact for this Bid. Questions should be submitted by the question deadline date as listed above in Section 2.02, Tentative Schedule. B. Mark cover page or envelope(s)or title email"Questions on Bid 15-B-019-DR,Fuel Tank Cleaning" C. Submit questions to: Dawn Richer, CPPB, FCPA Sr. Buyer Telephone: 321-633-1000 ext. 637 Fax: 321-633-3618 E-mail: Richer.Dawn(@brevardschools.orq 2.08 CLARIFICATION AND ADDENDA A. It is incumbent upon each bidder to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information shall be made in writing, (facsimile transmissions acceptable, 321-633-3618) through the Purchasing Representative named above. The School Board will not be responsible for any oral representation(s) given by any employee, representative or others. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given. B. If it becomes necessary to revise or amend any part of this Bid, notice may be obtained by accessing our web site. The bidder in the Bid Submittal must acknowledge receipts of amendments. Each bidder should ensure that all addenda and amendments to this Bid have been received BEFORE submitting the Bid. Check http://www.demandstar.com/ for any addenda. The Purchasing Department will not manually distribute any addendum. 2.09 FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION REQUIREMENTS Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and a screen shot of their"active"status. All registered respondents must have an active status in order to be eligible to do business with the School Board. Respondents doing business under a fictitious name, on page 1, must submit their offer using the company's complete registered legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.orq 2.10 AWARD The School Board reserves the right to award the contract to the bidder(s)that the Board deems to offer the lowest responsive and responsible bid(s), as defined elsewhere in this solicitation. The Board is therefore not bound to accept a bid on the basis of lowest price. In addition, the Board 1 has the sole discretion and reserves the right to cancel this Bid, to reject any and all bids, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the Board to do so. The Board also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if it is deemed to be in the Board's best interest. 2.11 DEFINITION OF RESPONSIVE AND RESPONSIBLE FOR THIS BID Each bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this bid. (Responsive) Page 9 of 44 I ITB#15-B-019-DR Fuel Tank Cleaning B. The greatest benefits to the School District as it pertains to: (Responsible) 1. Total Cost. 2. Delivery. 3. Past Performance. In order to evaluate past performance, all bidders are required to submit: a. A list of references with the bid and; b. A list of relevant projects completed within the last 3 years that are the same or similar to the magnitude of this ITB. 4. All technical specifications associated with this bid. 5. Financial Stability: Demonstrated ability, capacity and/or resources to acquire and maintain required staffing. 6. Registration for Florida Department of Environmental Services. The warranty is part of Specifications and not optional. Bidders are reminded that award may not necessarily be made to the lowest bid. Rather, award will be made to the lowest responsive, responsible, bidder whose bid represents the best overall value to the School District when considering all evaluation factors. 2.12 OTHER AGENCIES A. In accordance with State Board Rule 6A-1.012(6), all bidders awarded contracts from this Bid may, upon mutual agreement with the other agency, permit any school district/board, municipality or other governmental agency,to include Public Charter Schools,to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. B. Further, it is understood that each school district/board or agency will issue its own purchase order to the awarded bidder(s). 2.13 CONTRACT A. The contents of this Bid and all provisions of the successful bidder's Submittal Form shall be considered a contract and become legally binding. A separate contract document, other than the purchase order(s), will not be issued. B. The Director of Purchasing and Warehouse Services, Superintendent, and Board Chair are the sole Contracting Officers for the School Board, and only they or their designee are authorized to make changes to any contract. C. The School Board shall be responsible for only those orders placed by the schools/departments on an authorized signed purchase order or visa purchasing card. The School Board shall not be responsible for any order, change substitution or any other discrepancy on the purchase order or card charges. If there is any question about the authenticity of a purchase order, card charge or change order, the bidder should promptly contact the Purchasing Department. 2.14 DISCLOSURE OF BID CONTENT A. All material submitted becomes the property of the School Board and may be returned only at the School Board's option. The School Board has the right to use any or all ideas presented in any reply to this Bid. Selection or rejection of any Bid Submittal does not affect this right. B. The School Board is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the School Board as defined in 119.071(1)(c), F.S. (hereinafter "Confidential Materials"), may be exempt from disclosure. If a successful bidder submits Confidential Materials, the information must be segregated, accompanied by an executed Non- disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled "confidential" or "trade secret." The School Board will not disclose such Page 10 of 44 ITB#15-B-019-DR Fuel Tank Cleaning Confidential Materials. subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the School Board shall execute the Agreement and send the successful bidder a "Receipt for Trade Secret Information." RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES. 2.15 BIDDER'S RESPONSIBILITY The bidder, by submitting a Bid represents that: A. The bidder has read and understands the Invitation to Bid in its entirety and that the Bid is made in accordance therewith, and; B. The bidder possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the School Board, and; C. Before submitting a Bid, each bidder shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the School Board, upon which the bidder will rely. If the bidder receives an award because of its Bid Submittal, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the bidder for additional compensation or relief. D. The bidder will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the contract term or up to and including five (5) fiscal years following the School Board's annual audit including five (5) years thereafter. 2.16 PAYMENT TERMS A. INVOICING The successful bidder will be required to submit invoices and reference purchase order numbers on all requests for payment. All statements must reference valid DISTRICT purchase order numbers. Invoices shall be mailed directly to the bill to as listed on the purchase order. A separate invoice must be received for each purchase order number. Payment for partial shipments shall not be made unless specified. Invoices, which do not reference valid DISTRICT, purchase order numbers or which are erroneous (incorrect contract prices, minimum order charges, etc.)shall be returned to the vendor for resolution of the discrepancies. It is the sole responsibility of the vendor to reconcile the purchase 0 order and the vendor's invoice and to notify the purchasing representative of any discrepancies prior to billing. The school board will only pay the dollar amounts authorized on the purchase order. I B. The School Board will remit full payment on all undisputed invoices within 45 (forty-five) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered. C. Pursuant to Chapter 218, Florida Statutes,the School Board will pay interest, not to exceed one percent (1%) per month, on all undisputed invoices not paid within 45 (forty-five) days after receipt of the entire order of the commodity or service, AND a properly completed invoice, whichever is later. D. The School Board has the capabilities of Electronic Fund Transfer (EFT). List any additional discounts for payment using Electronic Funds Transfer (EFT) and/or any additional discounts to be applied to such payments. Page 11 of 44 ITB#15-B-019-DR Fuel Tank Cleaning E. By submitting a Bid(offer) to the School Board, the bidder expressly agrees that if awarded a contract, the School Board may withhold from any payment,monies owed by the bidder to the School Board for any legal obligation between the bidder and the School Board. F. PARTIAL PAYMENT Partial payments in the full amount of the value of items received and accepted may be requested by the submission of a properly executed invoice with support documents if required. G. PAYMENT DISCOUNTS A bid price submitted indicating a discount if an invoice is paid within a certain number of days from the date of the invoice cannot be considered as a basis for the bid evaluation. All bid prices must be net and not contingent on terms. 2.17 LICENSES AND CERTIFICATES A. The School Board reserves the right to require proof that the respondent is an established business and is abiding by the ordinances, regulation, and the laws the State of Florida, such as but not limited to: Business Tax Receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, AND; B. Each firm and personnel who will be performing services on behalf of the firm for the Board are to be properly licensed to do business in its area of expertise in the State of Florida Each firm shall submit with their proposal a copy of, and maintain the appropriate licenses and certificates during the term of the contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of the contract. 2.18 INSURANCE REQUIREMENTS The ContractorNendor will provide before commencement of work, and attach to this agreement, a certificate(s) evidencing such insurance coverage to the extent listed in 8.1 to 8.5 below. The following applies to the insurance requirements below for products or services from Contractors when all products, services, or work performed when totaled together will pay the contractor $25,000 or more during the fiscal year. The insurance requirements are as follows: 1. Insurance listed in 8.1 below is required of all contractors and vendors: The School Board shall be named as an additional insured to the insurance policy. If the School Board is not named as an additional insured then the School Board reserves the right terminate this agreement. 2. Insurance listed in 8.2 below: All contractors whose work for the School Board includes products or services, and the value of these products or services are in excess of$25,000 are required to carry this insurance to the limit listed below. 3. Insurance listed in 8.3 below: Any contractor or vendor transporting district employees, delivering or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe the School Board is responsible for the work of the contractor from portal to portal is required to carry this insurance to the limit listed below. 4. Insurance as listed in 8.4 below: All contractors and vendors that have one or more employees or subcontracts any portion of their work to another individual or company is required to have workers' compensation insurance to the limits listed below. For contracts of$25,000 or more, no State of Florida, Division of Workers'Compensation, Exemption forms will be accepted. All entities and individuals are required to purchase a commercial workers' compensation insurance policy. Page 12 of 44 ITB#15-B-019-DR Fuel Tank Cleaning 5 Insurance as listed in 8.5 below: All contractors providing professional services such as architects, engineers, attorneys, auditors, accountants, etc. are required to have this insurance to the limits listed below. All Contractors will carry and maintain policies as described in numbers 1 to 5 above and as checked off in the box to the left of each section 8.1 to 8.5 below as specifically marked by representatives of the Office of Purchasing Services. All required insurance required must be from insurance carriers that have a rating of"A" or better and a financial size category of"VII" or higher according to the A. M. Best Company. Such certificates must contain a provision for notification to the Board thirty (30) days in advance of any material change in coverage or cancellation. This is applicable to the procurement and delivery of products, goods, or services furnished to the School Board of Brevard County. ® 8.1. Commercial General Liability Insurance: Negligence including Bodily Injury and Property Damage Per Occurrence - $1,000,000 General Aggregate - $2,000,000 ® 8.2. Product Liability and/or Completed Operations Insurance: Negligence Including Bodily Injury and property damage - $1,000,000 Products—Completed Operations Aggregate- $2,000,000 ® 8.3. Automobile Liability: Negligence Including Bodily Injury and Property Damage: Per Claim - $ 500,000 Combined Single Limit (each accident) - $1,000,000 ® 8.4. Workers' Compensation/Employer's Liability: W.C. Limit Required* - Statutory Limits E.L. Each Accident- $ 100,000 E.L. Disease—Each Employee $ 100,000 E.L. Disease—Policy Limit $ 500,000 ❑ 8.5. Professional Liability Insurance (Errors and Omissions): For services, goods or projects that will exceed $1,000,000 in values over a year. Each Claim - $1,000,000 Annual Aggregate - $2,000,000 For services, goods or projects that will not exceed $1,000,000 in values over a year. Each Claim - $250,000 Annual Aggregate - $ 500,000 Professional Liability coverage must be maintained for a two-year period following completion of the contract. 2.19 DAMAGES TO RENTAL EQUIPMENT Rental bidders agree to purchase such insurance, as they consider necessary to protect their equipment from damage or destruction during the term of this contract for rental of equipment. Rental bidders also agree that the School District shall have no obligation for payment of damages of any nature to equipment provided with or without an operator unless clear and convincing evidence demonstrates that gross negligence of either the School District or its employees acting within the scope of their employment was the direct cause of such damage or destruction. Rental bidders further understand and agree that no employee of the School District other than the Superintendent or School Board Chairman is authorized to sign any rental or other agreement that contains terms and conditions other than those contained in this solicitation, and that any signature 4 Page 13 of 44 I I ITB#15-B-019-DR Fuel Tank Cleaning of a School District employee other than the Superintendent or School Board Chairman shall be interpreted as the School Board's acknowledgement of delivery only. 2.20 SAFETY The bidder shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The bidder shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. Bidder shall take all necessary precautions to ensure all materials provided do not include Asbestos. The bidder shall indemnify and hold harmless the School Board from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on the School Board because of the bidder, sub-contractor, or supplier's failure to comply with the regulations. 2.21 DEVIATIONS All Bid Submittals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the bidder by the specifications. Such deviations must be stated upon the Bid Submittal Form; otherwise the School Board will consider the subject Bid Submittals as being made in strict compliance with said Specifications to bidders,the bidder being held therefore accountable and responsible. Bidders are hereby advised that School Board will only consider Bid Submittals that meet the exact requirements imposed by the specifications; except, however, said Bid Submittals may not be subject to such rejection where, at the sole discretion of The School Board, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the Bid process by affecting the amount of the Bid Submittal such that an advantage or benefit is gained to the detriment of the other bidders. 2.22 WAIVER OF CLAIMS Once this contract expires, or final payment has been requested and made, the awarded bidder shall have no more than thirty (30) calendar days to present or file any claims against the School Board concerning this contract. After that period,the School Board will consider the bidder to have waived any right to claims against the School Board concerning this agreement. 2.23 TERMINATION /CANCELLATION OF CONTRACT The School Board reserves the right to cancel the contract without cause with a minimum thirty(30) days written notice. Termination or cancellation of the contract will not relieve the bidder of any obligations for any deliverables entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities resulting from any acts committed by the bidder prior to the termination of the contract. The bidder may cancel the resulting contract with ninety (90) days written notice to the Director of Purchasing and Warehouse Services. Failure to provide proper notice may result in the bidder being barred from future business with the School District. 2.24 TERMINATION FOR SCHOOL BOARD'S CONVENIENCE The performance of work under this contract may be terminated in accordance with this clause in whole, or from the time in part, whenever the School Board representative shall determine that such termination is in the best interest of the School Board. Any such termination shall be effected by the delivery to the bidder of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, bidder shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the School Board shall have no other obligations to bidder. Bidder shall be obligated to continue Page 14 of 44 ITB#15-B-019-DR Fuel Tank Cleaning performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date. 2.25 TERMINATION FOR DEFAULT The School District's Contract Administrator shall notify, in writing, the bidder of deficiencies or default in the performance of its duties under the Contract. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specifically specified to the contrary elsewhere within this solicitation. It shall be at the School Board's discretion whether to exercise the right to terminate. Bidder shall not be found in default for events arising due to acts of God. 2.26 VENDOR PERFORMANCE BPS project personnel shall monitor Contractor performance. A 'Report of Unsatisfactory Product or Service' form (attached) shall be utilized to document unsatisfactory performance during the term of this contract. The report may become an important part of the Contractor's history. The report and process will assist the Office of Purchasing Services to determine whether there is a continuing pattern of problems which may need to be addressed through termination of contract and/or suspension of Contractor from future bidding. 2.27 COLLUSION The School Board of Brevard County reserves the right to disqualify bids upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the bid process in a manner that conflicts with applicable law, upon the part of the Bidder(s), Bidder's employees or agents , the District's Professional Consultant(s), or Consultant's agents, or any District employee(s) who may, or may not, be involved in the development of bid specifications and/or firm bid schedules. Multiple bids from an individual, partnership, corporation, association (formal or informal)or firm under the same or different names shall not be considered. Reasonable grounds for believing that a Bidder has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such Bidder is believed to have an interest in. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the Bidders, the District's Professional Consultant(s) or District employees. Contractors involved in developing a bid specification or Contractors with knowledge of bid specifications prior to a bid advertisement shall be disqualified from participating in the applicable bid process. 2.28 INCURRED EXPENSES This ITB does not commit the School Board to award a contract, nor shall the School Board be responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called for in this ITB, or any cost or expense incurred by the bidder prior to the execution of a contract agreement. 2.29 MINIMUM SPECIFICATIONS The specifications listed herein are the minimum required specifications for this ITB. They are not intended to limit competition nor specify any particular bidder, but to ensure that the School District receives quality products and services. 2.30 COMPLIANCE WITH LAWS AND REGULATIONS The bidder shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work,or which in any way affect the conduct of the work. Bidder shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The bidder shall protect and indemnify School Board and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by bidder, its representatives, sub-contractors, sub-consultants, professional associates, agents, servants, or employees. Additionally, bidder shall obtain and maintain at its own expense all Page 15 of 44 ITB#15-B-019-DR Fuel Tank Cleaning licenses and permits to conduct business pursuant to this contract from the federal government, State of Florida, Brevard County, or municipalities when legally required, and maintain same in full force and effect during the term of the contract. 2.31 LOCAL BUSINESS TAX RECEIPTS A. Any bidder whose permanent business location is in Brevard County shall submit with the bid a copy of their Local Business Tax Receipt (formerly known as an "Occupational License") issued to them by the Brevard County Tax Collector. B. Any bidder whose permanent business location is in a Florida county other than Brevard County shall submit with their bid a copy of their Local Business Tax Receipt issued to them by the tax collector of the county of their permanent business location, unless that county does not collect Local Business Taxes or issue Local Business Tax Receipts, 2.32 RECORDS & RIGHT TO AUDIT The bidder shall maintain such financial records and other records as may be prescribed by the School Board or by applicable federal and state laws, rules, and regulations. The bidder shall retain these records for a period of five (5) years after final payment, or until the School Board audits them, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five (5) year period for examination, transcription, and audit by the School Board, its designees, or other entities authorized by law. At the expiration of such period, contractor, if request by the District, will turn over such records to the District to be kept for such time as the District may elect. 2.33 CHANGES IN SCOPE OF WORK/SERVICE A. The School Board may order changes in the work/service consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the bidder that the scope of the project or of the bidder's services has been changed, requiring changes to the amount of compensation to the bidder or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the School Board Chair and the bidder. B. If the bidder believes that any particular work/service is not within the scope of work/service of the contract, is a material change, or will otherwise require more compensation to the bidder, the bidder must immediately notify the School Board's Representative in writing of this belief. If the School Board's Representative believes that the particular work/service is within the scope of the contract as written,the bidder will be ordered to and shall continue with the work/service as changed and at the cost stated for the work/service within the scope. The bidder must assert its right to an adjustment under this clause within thirty(30) days from the date of receipt of the written order. C. The School Board reserves the right to negotiate with the awarded bidder(s) without completing the competitive bidding process for materials, products, and/or services similar in nature to those specified within this ITB for which requirements were not known when the ITB was released. 2.34 MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW The School Board shall have the power to make changes in the contract as the result of changes in Florida law and/or rules of the School Board to impose new rules and regulations on the bidder under the contract relative to the scope and methods of providing services as shall from time-to- time be necessary and desirable for the public welfare. The School Board shall give the bidder notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the bidder. In the event any future change in Federal, State or County law or the rules of the School Board materially alters the obligations of the bidder, or the benefits to the School Page 16 of 44 ITB#15-B-019-DR Fuel Tank Cleaning Board, then the contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the bidder, then the bidder or the School Board shall be entitled to an adjustment in the rates and charges established under the contract. Nothing contained in the contract shall require any party to perform any act or function contrary to law. The School Board and bidder agree to enter into good faith negotiations regarding modifications to the contract,which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the contract, the School Board and the bidder shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the bidder directly and demonstrably due to any modification in the contract under this clause. 2.35 RIGHT TO REQUIRE PERFORMANCE A. The failure of the School Board at any time to require performance by the bidder of any provision hereof shall in no way affect the right of the School Board thereafter to enforce same, nor shall waiver by the School Board of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. B. In the event of failure of the bidder to deliver services in accordance with the contract terms and conditions, the School Board, after due written notice, may procure the services from other sources and hold the bidder responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the School Board may have. 2.36 FORCE MAJEURE The School Board and the bidder will exercise every reasonable effort to meet their respective obligations as outlined in this ITB and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 2.37 BIDDER'S PERSONNEL During the performance of the contract, the bidder agrees to the following: A. The bidder shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the bidder. The bidder agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The bidder, in all solicitations or advertisements for employees placed by or on behalf of the bidder, shall state that such bidder is an Equal Opportunity Employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. The bidder shall include the provisions of the foregoing paragraphs A, B, and C, above, in every subcontract or purchase order so that the provisions will be binding upon each bidder. Page 17 of 44 ITB#15-B-019-DR Fuel Tank Cleaning E. The bidder and any sub-contractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended. F. Any information concerning the School Board, its products, services, personnel, policies or any other aspect of its business learned by the bidder or personnel furnished by the bidder in the course of providing services pursuant to the Agreement, shall be held in confidence and shall not be disclosed by the bidder or any employee or agents of the bidder or personnel furnished by the bidder, without the prior written consent of the School Board. G. All employees assigned by the Bidder to the performance of work under this contract shall be physically able to do their assigned work. It shall be the Bidder's responsibility to insure that all employees meet the physical standards to perform the work assigned and are free from communicable diseases. This requirement also includes acceptable hygiene habits of Bidder's employees. H. The personnel employed by the Bidder shall be capable employees, age 18 years or above, qualified in this type of work. I. It is the Bidder's responsibility to ensure that all employees are legally allowed to work in the United States in accordance with Immigration Policies. J. The Bidder's employees shall be required to dress neatly, commensurate with the tasks being performed. K. All District facilities are tobacco free. The Board prohibits the use of tobacco in school buildings. Such prohibition also applies on school grounds, on school buses, and/or at any school-related event. Refer to Board Policies, 7434 - use of tobacco on school premises. L. It is the Bidders responsibility to see that every employee on the Bidder's work force is provided and wears an Identification Badge or company shirt/uniform in order to maintain security at the school's facility. It shall be Bidder's responsibility to inform the School District Representative(s)of all new employees promptly at time of employment.All visitors, including volunteers and vendors, are to check in and out with the front office using the applicable software and must wear a badge indicating their visitor status. Refer to Board Policies, 9150—School Visitors. M. The Bidder shall require employees to be dressed in their appropriate work attire when reporting for duty. I N. The Bidder shall prohibit their employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephone or office equipment provided for official use. O. The Bidder shall require their employees to comply with the instructions pertaining to conduct and building regulations, issued by duly appointed officials, such as the building managers, guards, inspectors, etc. P. The School District's Representative(s) will determine how the Bidder will receive access to the facility. Q. If keys are provided and lost, the Bidder will be responsible for any and all costs associated with replacement keys and re-keying of the facility. R. When requested, the Bidder shall cooperate with any ongoing SCHOOL BOARD investigation involving economic loss or damage to SCHOOL BOARD buildings, or SCHOOL BOARD or personal property therein. The SCHOOL BOARD reserves the right Page 18 of 44 ITB#15-B-019-DR Fuel Tank Cleaning to require any employee of the Bidder to submit to a polygraph test if the SCHOOL BOARD has a reasonable suspicion that the employee is or was involved in the incident or activity under investigation. The Bidder shall obtain a waiver from the employee authorizing the release to the SCHOOL BOARD of information acquired by the Bidder from the polygraph test. The SCHOOL BOARD, at its discretion, may require that the Bidder immediately remove the employee under investigation from working within SCHOOL BOARD buildings for the following reasons: 1) The employee's refusal to submit to a polygraph test in the above circumstances, or 2) an employee's refusal to sign the waiver referenced above or 3) an analysis of the polygraph test indicates that the employee is or was involved in the incident under investigation. If the test results show involvement on the part of the Bidder's employee, the Bidder will be obligated to cover the cost of the examination. If the test results indicate that the Bidder's employee was not involved in the incident, when the SCHOOL BOARD will pay for the cost of the examination. S. CONTROLLED SUBSTANCE OR ALCOHOL ABUSE ON SCHOOL BOARD PROPERTY: The successful Bidder(s) is hereby notified that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on any school district property, or at any school board activities. Violations may subject the Bidder and/or the Bidder's employee(s)to prosecution, fines, imprisonment and/or cancellation of this or any other contract(s)that this Bidder presently holds. The Bidder(s)are required by this school board to take appropriate disciplinary action in such cases and/or require that the employee(s) satisfactory participation in a rehabilitation program. T. Any Bidder's employee convicted of violating a criminal drug statute in the workplace must report the conviction to the employer within five (5) workdays. Bidders (Employers) are required to report such convictions to the school board within ten(10)workdays of receiving this information. U. The School Board of Brevard County, Florida, is committed to the education and safety of its students and employees. To that end, any bidder awarded a contract will be required to assure that the personnel assigned to the project, do not possess criminal records that would violate the School Board's standards for employment as set forth by the Florida Department of Education. Each bidder must certify that the company and its employees are or will be in compliance with those standards for the project awarded. V. The Bidder shall strictly prohibit interaction between their employees and the student(s). W. Bidder's employees may not solicit, distribute or sell products while on School District property. X. Friends,visitors or family members of the Bidder's employees are not permitted in the work area. Y. The Bidder shall adhere to all of the District's security standards. 2.38 COMPLIANCE WITH THE JESSICA LUNSFORD ACT Florida Statutes require that all persons or entities entering into contracts with the School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present, or who will have contact with students shall comply with the level 2 screening requirements of the Statute and School District Standards. The required level 2 screening includes fingerprinting that must be conducted by the District. Any individual who fails to meet the screening requirements shall not be allowed on school grounds. Failure to comply with the screening requirements will be considered a material default of this contract/agreement. Page 19 of 44 ITB#15-B-019-DR Fuel Tank Cleaning 2.39 CLAIM NOTICE The bidder shall immediately report in writing to the School Board's designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The bidder agrees to cooperate with the School Board in promptly releasing reasonable information periodically as to the disposition of any claims, including a resume' of claims experience relating to all bidder operations at the School Board project site. 2.40 BANKRUPTCY/ INSOLVENCY At the time of bid submittal, vendor/firm shall not be in the process of or engaged in any type of proceedings in insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If the vendor/firm is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency or receivership, the District may, at its option, terminate and cancel said contract, in which event all rights hereunder shall immediately cease and terminate. 2.41 CONTRACT/BIDDER RELATIONSHIP The School Board reserves the right to award one or more contracts to provide the required services as deemed to be in the best interest of the School Board. Any awarded bidder shall provide the services required herein strictly under a contractual relationship with the School Board and is not, nor shall be, construed to be an agent or employee of the School Board. As an independent bidder the awarded bidder shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The bidder shall be responsible for all income tax, FICA, and any other withholdings from its employees' or sub-bidder's wages or salaries. Benefits for same shall be the responsibility of the bidder including, but not limited to, health and life insurance, mandatory Social Security, retirement, liability/risk coverage, and workers'and unemployment compensation. The independent bidder shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform. The independent bidder shall not be exclusively bound to the School Board and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the School Board. The independent bidder shall not be provided special space, facilities, or equipment by the School Board to perform any of the duties required by the contract nor shall the School Board pay for any business, travel, or training expenses or any other contract performance expenses not specifically set forth in the specifications. 2.42 NEW MATERIAL Unless otherwise provided for in this specification, the bidder represents and warrants that the goods, materials, supplies, or components offered to the School District under this Bid solicitation are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the bidder believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the School Board's interest, the bidder shall so notify the School District Buyer in writing no later than ten (10) working days prior to the date set for opening of Bids. The notice shall include the reasons for the request and any benefits that may accrue to the School District if the Buyer authorizes the Bidding of used or reconditioned goods, materials, supplies, or components. Page 20 of 44 ITB#15-B-019-DR Fuel Tank Cleaning 2.43 DAMAGES Due to the nature of the services to be provided and the potential impact to the School District for loss of fuel tanks, the bidder cannot disclaim consequential or inconsequential damages related to the performance of this contract. The bidder shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or sub- consultants. There are no limitations to this liability. 2.44 CONFLICT OF INTEREST FORM All bidders shall complete and have notarized the attached disclosure form of any potential conflict of interest that the bidder may have due to ownership,other clients,contracts,or interest associated with this project. 2.45 LITIGATION Bidders shall submit details of all litigation, arbitration or other claims, whether pending or resolved in the last five years, with the exception of immaterial claims which are defined herein as claims with a possible value of less than$25,000.00 or which have been resolved for less than$25,000.00. Notwithstanding the foregoing, all litigation, arbitration or other claims, of any amount, asserted by or against a state. city, county, town. school district, political subdivision of a state, special district or any other governmental entity shall be disclosed. Please indicate for each case the year, name of parties, cause of litigation, matter in dispute, disputed amount, and whether the award was for or against the Bidder. 2.46 RESOLUTION OF BID PROTESTS In accordance with Florida Statutes 120.57(3) and School Board Policy 6320, the following procedures shall be followed for the resolution of any bid protests: (a) The agency shall provide notice of a decision or intended decision concerning a solicitation, contract award, or exceptional purchase by electronic posting. This notice shall contain the following statement: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes." (b) Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays,and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph. 1. In accordance with School Board Policy 6320, all formal written protests must be accompanied with a bond payable to the School Board of Brevard County equal to one percent (1%) of the total estimated contract value, but no less than $500 nor more than $5,000. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. If, after completion of the administrative hearing process and any appellate court proceedings,the District prevails, it shall recover all costs and charges,which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. If the protester prevails, s/he shall recover from the District all costs and charges which shall be included in the final order of judgment, excluding attorney's fees. Page 21 of 44 I I ITB#15-B-019-DR Fuel Tank Cleaning 2. In accordance with School Board Policy 6320, failure to file a notice of intent to protest. or failure to file a formal written protest and bond within the time prescribed herein, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. (c) Upon receipt of the formal written protest that has been timely filed, the agency shall stop the solicitation or contract award process until the subject of the protest is resolved by final agency action, unless the agency head sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. (d) 1. The agency shall provide an opportunity to resolve the protest by mutual agreement between the parties within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of a formal written protest. 2. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays. Sundays, and state holidays, after receipt of the formal written protest, and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to subsection (2) and applicable agency rules before a person whose qualifications have been prescribed by rules of the agency. 3. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is a disputed issue of material fact, the agency shall refer the protest to the division by electronic means through the division's website for proceedings under subsection (1). (e) Upon receipt of a formal written protest referred pursuant to this subsection, the director of the division shall expedite the hearing and assign an administrative law judge who shall commence a hearing within 30 days after the receipt of the formal written protest by the division and enter a recommended order within 30 days after the hearing or within 30 days after receipt of the hearing transcript by the administrative law judge, whichever is later. Each party shall be allowed 10 days in which to submit written exceptions to the recommended order. A final order shall be entered by the agency within 30 days of the entry of a recommended order. The provisions of this paragraph may be waived upon stipulation by all parties. (f) In a protest to an invitation to bid or request for proposals procurement, no submissions made after the bid or proposal opening which amend or supplement the bid or proposal shall be considered. In a protest to an invitation to negotiate procurement, no submissions made after the agency announces its intent to award a contract, reject all replies, or withdraw the solicitation which amend or supplement the reply shall be considered. Unless otherwise provided by statute, the burden of proof shall rest with the party protesting the proposed agency action. In a competitive-procurement protest, other than a rejection of all bids, proposals, or replies,the administrative law judge shall conduct a de novo proceeding to determine whether the agency's proposed action is contrary to the agency's governing statutes, the agency's rules or policies, or the solicitation specifications. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review by an administrative law judge shall be whether the agency's intended action is illegal, arbitrary, dishonest, or fraudulent. (g) For purposes of this subsection, the definitions in s. 287.012 apply. 2.47 PREFERENCE TO FLORIDA BUSINESSES Effective July 1, 2012, when a school district is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is by a vendor whose principal place of business is in a state or political subdivision which grants a preference by that state or political subdivision, then the school district shall award an equal preference to the lowest responsible and responsive vendor having a principal place of business within Florida. In a competitive solicitation in which the lowest bid is submitted by a vendor whose Page 22 of 44 ITB#15-B-019-DR Fuel Tank Cleaning principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in the State of Florida shall be 5 percent. F.S. 287.084(1)(a). A vendor whose principal place is outside this state must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. F.S. 287.084(2). Please complete the form titled "Bidder's Statement of Principal Place of Business" and include it with your submittal. 2.48 DEFINITIONS As used in this Bid, the following terms shall have the meanings set forth below: Bidder: That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining business with the School District to provide the product and/or services set forth herein. Contract Administrator: The School District's Director of Purchasing and Warehouse Services or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the contract. Any changes to the resulting contract shall be done in writing and authorized by the School Board Chair or authorized designee. Contract: The document resulting from this solicitation between the School District and the Bidder, including this bid, along with any written addenda and other written documents,which are expressly incorporated by reference. Contractor's Project Manager: The Project Manager has responsibility for administering this contract for the successful Bidder(s) and will be designated prior to the issue of the resulting Price Agreement or Purchase Order. Day: The word "day" means each calendar day or accumulation of calendar days. Director: The Director is the Director of Purchasing and Warehouse Services for the School District. Exceptions to Bid: An exception is defined as the Bidder's inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the bid. Offeror: The term "offeror" used herein refers to any dealer, manufacturer, representative, distributor, or business organization submitting an offer to the School Board in response to this invitation. Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. Respondent: The term "respondent" used herein refers to any dealer, manufacturer, representative, distributor, or business organization that will be or has been awarded a contract and/or purchase order pursuant to the terms and conditions of the invitation and accepted offer. 4 Page 23 of 44 ITB#1 5-B-01 9-DR Fuel Tank Cleaning School Board:The word School Board refers to the elected officials of the School Board of Brevard County, Florida, its duly authorized representatives, and any school, department, or unit within the School District. School Board's Project Manager(s): The Project Manager(s) have responsibility for the day-to- day administration of the resulting contract for the School District and will be designated prior to award of the resulting Purchase Order. School District: The word School District refers to the entity,The School Board of Brevard County, Florida. Using Agency: The term"using agency" used herein refers to any school, department, committee, authority, or another unit in the School District using supplies or procuring contractual services as provided for in the Purchasing Department of the School District. 3.0 SUBMITTAL REQUIREMENTS (Submit in the following order) A. Completed Invitation to Bid cover page including Florida Department of State Division of Corporations Number B. Completed Bid Submittal Form (use attached form). • C. Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's bid, Failure to return signed addenda may be cause for the bid to be considered non-responsive. D. Drug free workplace Certification. E. Debarment Certification. F. Emergency/Storm related catastrophe-Contractor agreement form G. Conflict of Interest-All bidders shall properly complete, have notarized and attach with their Bid Submittal the attached notarized disclosure statement of any potential conflict of interest that the bidder may have due to ownership, other clients, contracts or interests associated with this project. H. List at least three (3) recent references where the proposed product has been used within the past year. Use of the attached form will aid in evaluation. I. Certified Business Program Reciprocity Affidavit— If Applicable. J. Non-Disclosure Agreement for Confidential materials — any materials that qualify as "trade secrets"shall be segregated, clearly labeled and accompanied by an executed Non-Disclosure Agreement for Confidential Materials shall be submitted in this section. I K. All bidders shall be prepared to supply their most recent financial statement, preferably a certified audit, or their most recent tax return and balance sheet. If submitting financial information that you would like to be classified as "confidential", complete and submit the Non- Disclosure Agreement for Confidential Materials paperwork; herein attached. L. Bidder's Statement of Principal Place of Business M. All vendors, including predecessors or related vendor or entity, shall identify any litigation in which they have been involved in, including arbitration and administrative proceedings, during Page 24 of 44 3 ITB#15-B-019-DR Fuel Tank Cleaning the past five (5) years involving claims for excess of ten (10) percent of the contact value. Include a brief legal description of the dispute and its current status. Where the action or lawsuit involved a similar project as herein discussed, bidder shall describe the particular circumstances giving rise to the dispute. N. Local Business Tax Receipts O. Current Request for Taxpayer Identification Number and Certification (Form W-9). P. Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct solicitation and/or project number and School Board contact person. Q. The bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work-hours and after-hours,weekends,and holidays must be identified. R. If a vendor must subcontract any portion of a contract for any reason, he must state the name and address of the subcontractor and the name of the person to be contacted. The School Board of Brevard County also reserves the right to reject a bid or any bidder if the bid names a subcontractor who has previously failed to deliver on time contracts of similar nature, or who is not in a position to perform properly this award. The School Board of Brevard County reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. S. Add any additional submittal requirement required for your particular project, including, but not limited to: Licenses and/or Certifications Registration as a Used Oil Transporter, Transfer Facility, Filter Transporter, and Filter Transfer Facility by the Florida Department of Environmental Protection. Page 25 of 44 ITB#15-B-019-DR Fuel Tank Cleaning BID SUBMITTAL FORM September 24,2014 TO: The School Board of Brevard County,Florida Office of Purchasing&Warehouse Services,Pod 8,Room 802 2700 Judge Fran Jamieson Way Viera,FL 32940-6601 r^ _ The undersigned hereby declare that(firm name] /e...4--"4- has Q'.tia has carefully examined the specifications to furnish: FUEL TANK CLEANING for which Bid Submittals were advertised to be received no later than 2:00 p.m., local time, on Thursday,September24,2014,and further declare that will furnish the fuel tank cleaning according to specifications. DESCRIPTION QUANTITY UNIT Ff-0CEPER TANK TOTAL RI CE QUARTERLY FUEL TREATM EN17 SAM FUND See I 6,000 gallon tanks 2 TIN Tank S S 8,000gallon tanks 1 RN Tank $ $ 10,000 gallon tanks 7 Fir Tank 5 $ 12,000 gallon tanks Tank $ $ Fuel tank deaning for tanks on quarterly Fuel treatment,(chemicals in:vacs not incl.) emcee- Tanks resathan2500 Per Gel el Tank $ $ gallons Capacity Tanks 2500 to 10,000 10 Ilar Tank $ gallons Tanks 10,000 to 1 Fir Tank $ $ 20,000 Fuel tank deaning for tanks not on Quarterly fuel treatment(chemicals incl) chen c sand) /2 Tanks less han 2500 1 Far Cbl Tank $ $ gallons Capadty Tanks2500 to 10,000 1 Fbr Tank $ $ gallons Tanks 10,000 to 1 Per Tank $ $ 20,000 Page 26 of 44 ITB#15-B-019-DR F9,1 Tank Clean ng PIT DE Pt10N QUANTITY UNIT PRICE PER TANK TOTAL PRICE Additional lab 1 F>ar Sample $ $ analysis(per specs) a Additional Bid Submittal Requirements: A. Local Business Tax Receipts The jurisdiction in which the permanent business location resides A*C3' / �t � Id c (CountylCity). The above listed jurisdiction(must check one): 1roes Issue local business tax receipts(formerly known as occupational licenses)and a copy of the local business tax receipt is included with bid submittal. n Does not issue local business tax receipts. o Thls does not apply as bidder is exempt. Bidder must state reason of exemption and include documentation from jurisdiction stating exemption with bid submittal B. Bankruptcy/Litigation Is your company in the process of any bankruptcy proceedings as herein described? YES 0 NO n Is your company involved in any litigation as herein described? YES it NO IV"- Prompt Payment Terms: % l) Da�Net 45 Days�- -�✓--7 ,e�i� Do you accept electronic funds transfer(ETF)? YES tr NO ii If yes,does your firm offer a discount? 1-#D % Do you accept Purchase/Payment by Visa card? YES$''r NO 0 Have you supplied al the Submittal Requirements outlined below? iCompleted Invitation to Bid cover page rrFlortda Department of State Division of Corporations Number r- Completed and executed Bid Submittal form ✓ Any addenda pertaining to this ITB ✓ Drug Free Certification L Debarment Certification L Emergency/Storm related catastrophe-Contractor agreement form c Conflict of Interest form ✓ References, in accordance with Section 2.12,Defutifion of Responsive and Responsible u Certified Business Program Reciprocity Affidavit-If Applicable u Non-disclosure for Confidential Materials n Financial Information(if applicable) u Bidder's Statement of Principal Place of Business u Litigations/Bankruptcy Page 27 of 44 ITB#15-B-019-DR Fuel Tank Cleaning n Current W-9 n Local Business Tax Receipts u Insurance u Contact Information n Subcontractor information(if applicable) 1 Specifications or Literature(If applicable) Add if applicable: o Certification Statement regarding Scrutinized Companies o Licenses/Cortifications o Registration as a Used Oil Transporter,Transfer Facility,Filter Transporter,and Filter Transfer Facility by the Florida Department of Environmental Protection. The School Board of Brevard County, FL reserves the right to reject any or all proposals, to waive informalities,and to accept all or any part of any proposal as they may deem to be in the best interest of the School Board. I hereby certify that I have read and understand the requirements of this Invitation to Bid 'ITB 15-B-019- DR, Fuel Tank Cleaning" and that I, as the bidder, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any contract(s)and/or other transactions required by award of this ITB. Company ,/ er„.9/ 2. 4r-, Per fes',e.+- & // ,57-e'r^eaoPQ (Print name) Signature "7/ . Address /45—// id7:: S.-74 '•0*.i le ' . Lv'- City fl/psi te croa, State/ L ZIP ',#? 5,47 List local(Brevard County)office address if applicable and provide supporting documentation (Business Tax Receipt). �J Q 4 • /41‘4 3211:477 Telephone 3.7/— A17 2707 '' Fax 10V— S-79— '7/.71 E-Mail Address: 4d'-..df/ _ Dunn&Bradstreet# 211— 4/7— V3 y Fed. I.D.# 19'4/4.7 Division of Corporations Registration Number / '/3‘94949e7 7 71G 7 END OF FORM Page 28 of 44 I iTB#15-6-019-DR Fuel Tank Cleaning DRUG FREE WORKPLACE CERTIFICATIQN FORM In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids are equal with respect to price,quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shal be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug- free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession or use of a controlled substance Is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace.arty available drug counseling,rehabilitation,and employee assistance programs and gentrifies that may be Imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1)notify employees that as a condition of working on the commodities or contractual services that are under bid, the employee wil abide by the terms of the statement and wil notify the employer of any conviction of, or plea of guilty or nolo-contendere to, any violation of chapter 1393 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program If such Is available In the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature Page 29 of 44 I ITB 015-8-019-DR Fuel Tank Cleaning CERTIFICATION REGARDING DEBARMENT,SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONS This certification Is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510 Participants responsibWities. The regulations we published as Part IV of the January 30, 1989,Federal Register(pages 4722-4T33). BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE "Mfg (1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred, suspended. proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements In this certification,such prospective participant shall attached an explanation to this proposal. '1'''7 vii I Z t i .. -"r---4 ITB 015-8-019-DR.Fuel Tank Cieanlnn Organization Name Bid Number&Name Vevf--,',<0;_-// (.57 pGQE'r1) "rest-d"c --7'44- Names and Titles of Authorized Representative(s) 7-/TPA Sign atu re(s) Date Page 30 of 44 ITB W15-B-019-DR Fuel Tank Cleaning EMERGENCY I STORM RELATED CATASTROPHE AGREEMENT Due to Acts of God,Acts of Terrorism or War,any vendors working with the Sdiool District shall acknowledge and agree to the following terms and conditions. This will allow the District to obtain Federal Funding if available. CONDITIONS FOR EMERGENCY 1 HURRICANE OR DISASTER It is hereby made a part of this Invitation to Bid that before, during and after a public emergency, disaster, hurricane, flood or acts of God that the municipal government,through the School Board of Brevard County, shall require a'first priority"basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation,which threatens public health and safety, as,determined by the School Board of Brevard County. Vendor/Contractor agrees to rent/self/lease all goods and services to the School Board of Brevard County or other government entity as opposed to a private citizen,on a first priority basis. The District expects to pay a fair and reasonable price for all products in the event of a disaster, emergency or hurricane. Vendor/Contractor shall furnish a `24-hour" phone number in the event of such an emergency. I hereby understand and agree to the above statement (Signature) (Print Name 7tr Emergency Telephone Number 3o?/-- Home Home Telephone Number: 1•07/— G7C " A95:210 Cellular Phone Number: 3a/— YET 7- 574017 • Page 32 of 44 ITB#15-B-019-DR Fuel Tank Cleaning CONFLICT OF INTEREST FORM I HEREBY CERTIFY that /, /^� 1. I (printed name) Gl' 4r l// c24/$0 /•" am the (title) fifrceri ale and the duty authorized representative of the firm of (Finn Name) T �K' L "J Z .,it..Pt .2 C, , whose address is / - f r ! - A o-, _ and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting;and, 2. Except as listed below, no employee, oficer, or agent of the rim have any conflicts of interest, real or apparent, due to ownership,other ctents,contracts,or interests associated with this project;and, 3. The business nor any authorized representative or significant stakeholder of the business has been determined by judicial or administrative board action to be in noncompliance with or In violation of any provision/contract of the School Board of Brevard County,nor has any outstanding past due debt to the School Board of Brevard County.Florida;and 4. The School Board of Brevard County reserves the right to disqualify RFPs upon evidence of collusion with intent to defraud,or other Hiegel practices to include cirounwenting or manipulating the RFP process as required by law, upon the part of the Respondent(s), the District's Professional Consultant(s) or any District employee(s) who may, or may not, bo involved In developing RFP specifications and/or firm RFP schedules. Multiple RFPs from an individual, partnership, corporation, association (formal or informal); firm under the same or different names shall not be considered. Reasonable grounds for believing that a Respondent has interest in multiple proposals for the same work shall be cause for rejection of aU proposals in which such Respondent is believed to have an Interest In. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among ono or more of the Respondents, the District`s Professional Consultants) or District employees. Contractors involved in developing a RFP spocificat'on or Contractors with knowledge of RFP specifications prior to the advertisement shall be disqualified from participating in the RFP process, EXCEPTION (List) Sig natu Printed Name: te,241.''otiere- 1 L NO .e?'4 Finn Name: 7Z7-4,...--41‘ h�1 z€ /'cS,l Date: -C / 9//y COUNTY OF 104,4.1) STATE OF .r::44%')A Sworn to and subscribed before me this 9614 day oft , 201L, by (.�&1ti4LL ,'PP_oberb , who is personally known to me or who has produced f'L NL as Identification. ar ? tawwn,yr NOTARY PUBLIC-STATe OF Fi_ cA� Type or print name:i,�j)d5.?Flt ( - Set Gil. s A. 0T r � Commission No.: ft l X15qc is thitieee.fities Commission Expires NOW: a' '20 ? (Seal) 1\44t+N.Ff tttt' Page 33 of 44 PTB#15-B-019-DR Fuel Tank Clearing LIST OF THREE REFERENCES #1 Agency /3 ,..57; Address //51-7&:"/ City,State,ZIP - Contact Person Telephone/Fax Email Date(s)of Service re:7 VA, ----- !9?:/;f r Type of Service Af cee: 11i J f Comments: Gv1'�tom- '` y'c�•s�di/' + ,TE/Yr��['.� e�i #2 Agency C/7), q1` ��'/f1'�vt..r.-E' /7`�i�or, /`�'i 1,44•17, Address $515..0 'P /©1ter7 p?- City.State.ZIP /� ©tom j� .�- �� . J 7',/ Contact Person Telephone/Fax .7 I�-- 9 q.- y 7/ Email a ,C-+0'"Ii"i- Dates)of Service go/!f Type of Service C 05 4 Comments: #3 icy c 5-14. Asce- City, !//,1-tover4 Address 5"02LU/li�X?[��"?'' �jState,ZIP p, orA, /!f 3.7507 Contact Person /j///y /1"/ Telephone/Fax 107/.-- ''7 7Y4' Email tbk S �/Q4Z 1f 401,004e. Date(s)of Service f0/3 /r/ /OL� Type of Service / *y� G��yeti Comments: Page 34 of 44 iTS#16-5-019-DR Fuel Tank Cleaning Certified Business Program Reciprocity Affidavit The School District has implemented a process to track specific categories of certified businesses(minority,women and/or service disabled veterans)as listed below and will accept certifications from the State of Florida Office of Supplier Dlverslty as well as certifications from other government agencies. CERTIFIED BUSINESS CATEGORIES(Check One) Asian American(A) _ African American(B) _ Hispanic n(C) _ Native American(D) American Woman(E) _ Service Disabled Vetere Certifying Agency Name: `Ce 'fieation r, 'Expiration Date: Attach copy of Certification from Certifying Agency 'Required Information By signing and submitting this affidavit and business certification copy,I acknowledge individually and on behalf of the applicant business that the applicant and I understand that: n The attached business certification is a copy of an official business certification as Issued by the State of Florida Office of Supplier Diversity or other government agency,and said business certification has not been modified, • All Information and documents submitted to the School Board of Brevard County,Florida becomes an official public record. As such,the District bears no ob>lgation to return to the applicant any Items of original production or any copies of file documents, U The applicant consents to examinations of its books,records and premises and to interviews of its principals, employees,business contacts,creditors,and bonding companies by the District as necessary for the purpose of verifying the applicant's proof of certification, U The District may request additional documentation not requested on this vendor appication,and ❑ Pursuant to Section 287.094, Florida Statutes,the false representation of any entity as a minority business enterprise for the purpose of claiming certification as such under this reciprocity program may be punishable as a felony of a second degree. The certifying entity may Initiate such disciplinary actions it deems appropriate inducing, but not limited to, forwarding pertinent information to the Department of Legal Affairs and/or certifying entity's legal counsel for investigation and possible prosecution. Further, applicant declares and affirms that ownership and management of this firm has not changed, except as indicated in the appllcatlon/affidavlt,during the past year since certification status was granted: Authorized Officer Name: Title: Company Name: Signature: On this day of , 20 personally appeared before me, the 4 undersigned officer authorized to administer oaths,known to me the persons desarted in the foregoing affidavit who acknowledged that he/she execute the same in the capacity stated for the purpose therein contained. In witness whereof,I have hereunto set my hand and official seal: Notary Pubic: Form of Identification Presented: My Commission expires: Page 36 OM 0 0 r ITB#15-8-019-DR Fuel Tank Cleaning Certification Statement Prohibition Against Contracting with Scrutinized Companies I hereby certify that neither bidder,nor any of its wholly owned subsidiaries,majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to s.215.473. Signature Printed Name T�� / Company Name Date Page 41 of 44 ITB#15-B-019-DR Fuel Tank Cleaning BIDDER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS To be completed by each bidder Name of Bidder. 7 . .cam 4J . Identify state in which bidder has its principal place of business: If your principal place of business is the state of Florida,you do not need to proceed any further on this form. If outside of Florida,identify political subdivision(county or municipality)In which bidder has its principal place of business: NOTE: Florida Statute Section 267.084(2)states that"A vendor whose principal place of business is outside this state must accompany any written bid,proposal or reply documents with a written opinion of an attorney at law licensed to practice law In that foreign state,as to the preferences,if any or none,granted by the law of that state,or political subdivision,to its own business entities whose principal places of business are In that foreign state in the letting of any or all public contracts' LEGAL OPINION REGARDING STATE BIDDING PREFERENCES (To be completed by the Attorney for an Out of State Vendor,please select one) ❑ The bidders principal place of business is in the State of and it is my legal opinion that the laws of that state do not urant a preference in the letting of any or ail public contracts to business entities whose principal places of business are in that state. ❑ The bidders principal place of business is in the State of and it is my legal opinion that the laws of that state prant the followingpreference(s)in the lotting of any or all public contracts to business entities whose principal places of business are in that state.(Please describe applicable preference(s)and identify applicable state laws): LEGAL OPINION REGARDING POLITICAL SUBDIVISION BIDDING PREFERENCES (To be completed by the Attorney for an Out of State Vendor,please select one) ❑ The bidders principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a Preference in the letting of any or all public contracts to business entitles whose principal places of business are in that state. ❑ The bidders principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision grant the following preferencefsil In the letting of any or all public contracts to business entities whose principal places of business are in that state.(Please describe applicable preference(s)and identify appicable state laws: Signature of out of state bidders'attorney: Printed name of out of state bidders' attorney. Address of out of state bidders'attorney: Telephone number of out of state bidders' attorney: Email of out of state bidders'attorney Attorneys'state(s)of bar admission: Page 43 of 44 ACCOUNT BREVARD COUNTY BUSINESS TAX RECEIPT NO. 2014 - 2015 SUBJECT TO COUNTY ZONING RESTRICTIONS 170171 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES 111E PERSON(SL OH ENTITY BELOW. BUSINESS PERIOD: October 01,2014 • September 30,2015 TANK WIZARDS INC EXPIRES: SEPTEMBER 30,2015 MASTERS PALM 32907 ISSUEDPURSUA 1ANDSUBJECT IOFLORILHSTATUTES AAOBREVARD COUNTY CO) ISSUANCE BAY, FL DOCS NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS BUSINESS TAX RECEIPT TS SUBJECT TO REVOCATION FOR ZONNG RATIONS,ANO r On FAIIIRE TO M NTAN REGULATORY PRE.REOIASITESAS REOUIRED FOR BUSINESS q,/SSIFCATION(S)OR SUBSEQUENT ACTMTIES NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS A PERMIT IS REWIRED TONNE RTRSf:4 vk,1cx,I Kill sig roger GOING OUT OF BUSINESS'. LTSACULLEN,CFC,Brevard County tax Cojector LOCATION P 0 Box 2500,Titusville,Florida 32781.2500 1511 MASTERS RD NW (321)264.6910 or(321)633.2199 ext.45910 PALM BAY.FL 32907 !'•14.14 A l3'/+Nh'C OF O'DiN:Ep'I1 'Olt LOi;Ald:1r, f‘: tnxnlCIPt9101J10BE'kA SFFBRFD;.•TIAZU:VS OWNED BY. TANK WIZARDS INC BUSINESS CLASSIFICATIONS,0 TSCLAIraE RS,AND RELATED FEES EXEMPTIONS. 0.00 620005 RECEIPT AMT 470145 CLEANING SERVICES 600 CITY RESTRICTIONS APPLY 590501 MAZ WASTE GEN.SURCHARGE • Receipt Foe 37.00 Hazardous Waste Fee 50.00 Zoning Application Fee 0,00 Building Occupancy Review Fee 0.00 Fire Prevention Fee 0.00 Transfer Fee 0.00 Paid 900-14-00000195 09(1712014 87.00 4 MAIN OFFICE: 400 South SI.,6th Floor. FL 32780 I BRANCH OFFICES: Menet Island Ofice,1605 N.Courtenay Pkwy Melbourne°!Fite. 1515 Samo Road Pah Bay Office,450 Cogan Dr.SE Titusville Office.800 Park Ave. Indian Harbour Beath Office,240 E.Eau Galli!Blvd. Pala sat, FL 12907 • M/sls TAX Inca= • 1(7110' • 'A1ti.64Ohm eGw • Ctl nbr . : 0014841 • easiness Naas . : TANK WIZARD INC . Location Addr . : 1511 MASTER; RD. NN Lie lmr Claarification • 15-00021693 PUEL TANK CLEANING Issued; September 18, 4024 Expires: September 30,. 2015 Restriction: . Comments: a* OFFICE UBE ONLY .- NO CLIENTELE AT HONE *+ • • vss �-- X11 • • • • • • Farre W-9 Request for Taxpayer Ohre Form to the (Rm.August 2013) Identification Number and Certification requester.Do not Dope:rans We tend to the 198. mew Comm Name Ise shown on your Income lax*unity Tank Wizards Inc. Buaknas namN1negs dad emir name.If differed Oars above Check approprtuuute bar for Worst tart cheesier0 0 P,rt ea D . Exemoaon s bee ishan„dein{: rtluwdniduatholepropriet r 0 c corporation O corpo.te�, Exempt payee codger") ❑ Undid Marden company.Enter the to dn.Mordon IC.0 corporation,S.S oxporatbn,P.pettrrwobrp f► Exemption Iron FAT wpostbg code pf ❑ Otterteee Inetructirmsglo Address Oluaber.street.and opt or wee no.) Pequesines rums and sddroas(opttaut 1511 Mantes Road NW My,stale,and 2311 erode a LPalm Bay,Ft_32907 ust iceman arwre.rtet hire{optional) usil Taxpayer Identlfl cation Number(TIN) Enter yam TW In me box.The 1114 provided mutt match the name phren on the•Name'Ito I Social Now*aallwar to avoid backup *b For ttdhrlduds,this is your social security number(63N).Hong,to raaidant Mtn sole proprietor,or dsregarded ewtttlty,see the Part I Instrutdorts on page 3.For other — - entities,R is yourenployar IdsntIScedon'umber p4.If you do not have a number,ass flow to gat a 7IN on page 8. Nota.It the account Is Inman than one name,sea the chart on page 4 for guldelrtee on whose (rensploper ir{ietii°UI°n number numbertoenter. 14Ie _12 8 8 4 6Part Ii Certification tinder penalties of perjury.I certify that: 1. The number shown on this form Is any correct taxpayer Identification number Car I am waling bra number to be Issesd to me).and 2. I ea nor subject to backup vAthhotdtng boost=(a)I am exempt from beclap vWthholdttp,or I have not been notified by the Internal Revenue Service MIR that I an sublet*to badup'Athholdkng as a result of a bikini to report di Interest or dividends,or(c)the IRS itis notified me that I am no Pompey misled to beldam withholding,and 3. !am a U.8.damn or other U.S.person(defined below),and 4.The FNMA codes)entered on this bin Qt any)Indicating that I am exempt from FATCA money is correct. Carder:atlas Instructions.You mal crop out Rem 2 above if you have been mottled by the IRS that you we currently subf act to backup wWloidittg became you hays Med to report at Interest and dMdenda on your tax return.For ted estate trerleeolions.Rem 2 does not sppiy.Far mortgage interest paid,aoqubilon or absndonm.nt of secured property,cancellation of debt.contributions to an Ind oldud retlrematst arrangement ORAi,and generally,payments other then Interest and dMdsnds.you are not required to sign the car cordon,but you mud provide your correct TIN.See the InstnMions on page 8. n denature elHe U.S.wean t+CS►. pa" ifIV General Instructions wtlrtotdrtp tawen bre+gn gamma'due or ORA*combated boom..and 4.Section retereno..are to the Imam I Rasura Code Woe othawl noted, t start rAToA reporting, entered,It re tilt torn jM amyl tttdtoettw trust you an NW*arena tris MICA npattlrg,k earner. Future dasaloprnsata.the UGS hes aided a papa on WS.pw for bfoamNcn WWI,you area U.B.person sad a rooms*rima a term caber*WI Forth about Fern WA.rd www.bagavielh informsQoa about srey Writ developments ride to request your TN,Ku nest u s the hh,e Ion k r b wbetwer* eNeoarg Fac W4 beech as lepletatIon enacted atter we MOM Il)wee be posted drier to Mit.Form W4 CO CAM& befbalon of a U.S.person.For tedsraf tax purposes.you we ooneteved a tl.& Purpose of Form person s you arc A potion who a reintonationd tome en intonation ream with tho IRS must dltdn •M lwdlelmasl oho lea tr a When er U.&,S&delit etre. eommt tradraysr Id.rnikyNoru,amber i$to report.for aarnpts,homages t to •A Pa'VMrsti.cormation.a )Wtfm a oolatlos oroda d ergc*sd In tee you,payments mode to pule settlement of moot card and third Duty network Untied Walesa wider Its lace W the United States. tort aaMmtr red Nide i msdlorta,gtalog'kismet you pdd,p9IMon K •M estate(octet then a terekin estate).or urban t awf ad prepaflA eMtellrelt lof debt,a taaMteeloaty►ea(made So an MIA •A doreeale tea Ila waned In Reputation.mace acl.not•rye IRA.. Nesse Use Fern W4 only M you we a U.S.person lint►tdn0 a redden din),to Saedst sties forparloarabIpa Partrwehpe tet NOM*a lads or buskins h provide your correct TIN to the mutt requeeti g 1 Ohs tweeter)and,when P..United bra are grwsly reepAuf Is pay a wtthhotdh0 tax under section 144e on any beim teras'share of effeetiu q maeored taxabas blood ooawn to: oudt business.Further.In detain case where a Foca W4 aid not been noshed. b1. k�ru�yd that the TIN you aro o rung le Correct tot you an wnumber sllirg for n ber Mee rube under section 1441 require a parurshb b grease find Pato*b a gaa foreign Poreo.,and ph the section 1440 wMhhoe tg ten.Tereto's,M you ars a 2.Certify that you we not*Awl to bsdrup wrltlwholulnp or exams,Odd.k U.S. kr the Uperson MW Maim.goads Form W41 to paprwsf Itpto ostebrsh{aur brad*et his partner In a Wriership colder:61g a trade or statue epPlbaus.cownolbon eddying Chet .backup vdthholdIng Mp�� ad acid soden 1445 eearftoiartg on your Mere a patlnM sf+11►Y+oort+e wry canners*hoonne trap a LLB.trade or business IN not subject to On Cal.No.1 oretx Form W-9 fish.$Mz013) ---m1 Acorn,. CERTIFICATE OF UABIUTY INSURANCE PIWO EN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Jill Miaahs Allstate&Atsocioes AND CONFERS NO QTS UPON THE CERTIFICATE HOLDER.THIS 3140 Stores Blvd Ste.i CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE Viers,Fl 32955 COVERAGE AFFORDED BY THE POLICIES BELOW. PI 321-254-0406 F:3211344451 1 AHOI�INO RAGE MAIC S INMAN INNAM ERA AIRD MesurasosCOVE7 , Test Wizards .slu a 1311 Moms Rood NW MAW c: Palm 13ay,1132907MWIl6R D COVERAO ES ' TME POLICES OF INSURANCE LISTED BELOW HAVE BED ISSUED TO Tilt MUREX Aran mow FOR THE POLICY PERIOD INDICATED.HOTTYITILSTANDMta ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIAIENTVET H RESPECT TO WHICH THIS CERTIFICATE MAY BE OWED OR WAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICES DESCRIED HEREIN M SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LINTS SHOWN MAY HAVE MEN REDUCED BY PAID CLAIM AN ACM T1IMd/MtINANOt MC,MINN -nOi ME AICT1eE OWIE RA1IOu I 1 BTR sn ,DAT[I rn tone QNIIOO1TYl A ❑ N>ENWall= Mai DIOCCA+ENCE $ p caMirtuLa6iMLUN..,tYmime To N'd' ,;,ei 1 DO cuss*woe 0 OCttaaIEO Ea pew ere penes a ❑ wlsOIM14 ASV SUM a ❑ Geom.mCAEQATE '$ wt TEMTAPPLESMER AIOOUCTS•COOMOPAva s ❑POLICY 0 IROJECT❑UM ' • - - 1 iv! NJTOICINISU arLTTY 641193704 09!t&2014 098612013 CD MILE'. *1,000,000 ❑Au.MIMEOANTOs t I IOW MAJNY 111.000,000 »EJ1Auras DINED Amos DOINLY . $4000.000 Per#NON.ONNE0 ANTOS NIVINIsyRNMAS IA.000,000 I,- ri NonAtt Wain, cUTOONLY•MAOCME NT I ,--, NYWPO AUA Tp 101 A00, I -o c wseAt uwrun iaplODOU sI E $ i ❑ p Daae ❑ci*a woe aaoBeo as s $ A AETENHON $ I 0tramicimi UMW, Arra ON SIAM OM I ❑, ,A p My FROFINETowswomINONCu- EL Loa ACCIDENT $ MOE CMICEPSIMMIRtlMEO0l0tEL OW*•BA@IPLOTEE $ SK-041.r11011fi101A Mb/ Manua•POUCY LOT I p DTVII og000p IonorIMISATOISfLAOATIMM0VOrOLESNIMMUIP RMADM)sTtMO0I 1tTJMEMLF Dal to Cooks*lioldsr is*Moths.*is nidi isosl insured on policy. cERTIPICATI HOLDER CARSIL MON WNW ANY 01 NO Amoalt 0111011010 sleds M CAMIOBL=Barone TNM school Baird at BTCYanl Cosnry IIMIMTION OATS TNBIIBOR TIN Mi sumeiIAncROINa comas vas.memos TO 2700 Joys Fan,Jsaiaon Way NAL Vitra.FZ.32940.6641 JQ DRfMIRt61 NOTIt$TO TIM COtTNICA1t HO WE R MEM TO TIN LWT,OUT *nun TO OOSO MALL IMPOSE NOOQNOATgM ON IM11LITYOF MY MOO NOH TNM ,xocu,M m01 MOM11 TA1NEE. csi_--sr•-- ACORD U(2001108) 0 ACORD CORPORATION 19Se "041, 1 a DT CERTIFICATE OF LIABILITY INSURANCE a�" ^ 012014 PR OIXPOE t 7!119 CERTIFICATE IE ISSUED ASA MATTER OP INFORMATION Phoenix kautance SeMoea,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ?006 f US Hwy 19 No HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sue,104 Clearwater FL 33761 INSURERS AFFORDING COVERAGE NAIL Il DOMED .paulten it Rectal a'IU1IW De Company 21053 Tont MArar4a Inc. INSURER It IIStimQ 1511 Masters Rd MN Mien a 1 PdA,Bay FL 32907 ,INsuREJA E SES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAIAD ABOVE FOR THE POLICY PERIOD INDICATED.NOTWOHSTANDIW ANY FtEQU1REMENt:TERM OR CONDITION OF ANY CONTRACTOR OTHER DOC J.HAEM WITH RESPECT TO WHICH THIS CERTIFICATE WAY 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.AGGREGATE LUSTS SHOWN WAY HAVE BEEN REDUCED BY PAD CLAWS. NI TYNE OFPPIVRANCE POLICY atlintartAUWWWWW LTR A ODIMUILUAINJrY ENVP010148-00 07/02/2014 07/0212015 EACH OCts1RI*ENCE s 1.000,00_0 WI Cfla must m.Grim AL MINIMPAW `a_ 1 1 50.000 '�0 cum Wale p otl=UR 1x170 EX. Person, t 5.000 1YoalaOab PEROLINN.aAWMuuRY a 1,000,000 PlalestloaEl UNAlltyDE ERA.AOOUDOATE a T.000,000 OtMLA001E0ATE LNITAPPIEM Mt PRODUCTS•COMP/OP A00 a 2.000.000 7J POUC! t 1 n t Deductible 2.500 oMTOiOEeELM JIY ' �aaaOLELSI1T $ aura= XEa�MMI MtOna>EDAUTOS IC1lDUUEDNAOS PaYraanMa INJURY NJURY i HInRiOAtITOt ' NDN-OW EDIMITO$ (M r,MOLtuns LLQ 1 reerwarn L SARMMIE LAWN AUTO ONLY•EA ACCIDENT i swee/MAIM DANT i AOo, a Ms=IIA*IRELLALIAaRZTY FACNOCCURRENCE a 0 ] oc cuR p CAaus ace AcoREnATE 8 RDEDUCTIBLE i —� RUMOR RI10R i ~-1 vim,��,Et� �yv I lliMa g 'L N YIN 4 1_TORY ata% N i h PRgacarametItTOWARTNERAXECUSNI N EL EACH ACCIDENT i FIOCtL10CDT �-- (M.MMMyI^wR EL CREME-MORONS a �Pt10YHIIDNIadir X01 Et_I1aEIA5E•rOUCY UNIT $ 01141101 UMW TRW W grilaribini LUGAtERS iP ciiwtm pletnp FUM sad lank tiering a.R ice& School board d award Coualy h Named Additional Insured rah V Wsro(SI Iogadon Iar CalsnMldat LkablIty Intiudial Pollution Liability at amnia Waken antras And b the Wert nquksd by+ratan coated.Defame oats ter CGL ate in adi1oii a policy Waits. CERTIPICATS HOLDER CANCELLATION WOULD Ann OF THE MOVE OCOn naso POLIO=SS OAarCtt3.10 aerOR&THE EXPIU 10N School Basad d Brcvard County WATT=MR THE 11841100 mune*Was.MOMS To Mme. 30 was aa.Ylsta Office of Purchasing Services THE MITIP CATS MU I MIg TO THE LEK OUT;mum TO DO SO SHALL O martian UPONTHEMaatlR.ITeAOeNT1OR 2TOo Judge Fran Jamie=wayVora FL 52040I ACORD 25(=0011011 Page 10=,,e. ..ea,..t2A., 1111.20 *AN3ORD CO TION. AR Right agar rved. Tha ACORD narno and logo aro ragleta,.d matte of ACORD oi CERTIFICATE OF LIABILITY INSURANCE °"T, 3012014 THIS CERTIRCATE 18 ISSUED AS A MATTER OIr INFORMATION ONLY AND CONFERS NO RIO$R8 UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES UELOMY. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TIM ISSUING INSURE!(S), AUTHORIED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is so ADDITIONAL INSURED,the poticy(Iss)must be endorsed. H SUBROGATION IS WANED,sugeCt to the tan'ns sod conditions of the poky,csd*n policies airy moire an endorsement A statement on this certllcats does not confer rights to me certificate holder In Melt of such endorsement(s). MOOU�R PHOENIX INS SVCS INC Bac JAMES H1 R- `� 28501 US HWY 19 NO SUITE 104 mom _118th Rt ;;. j P 4( oe,7AYeb8AY RIR fni msamagnamonoeso COVENAOE NAIL e CIEARWATER FL 33701 Baum A:&am e.SU eD TANK WIZARDS INC ,1__n: _ 1511 MASTERS RD NW MIMES C: MURIA a: PALM BAY Fl. 32907 **Mao I: FEIN 464288467 ____R P COVERAGES k.f,`ltI n-ICATE NUMBER 1407300038 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW WAVE BEEN ISSUED TO THE INSURED Maim ABOVE AOR THE POCK.?PERIOD RlDSCATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT PATH RESPECT TO IMBCH MS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POUOES DEScRIBED NEIN IS SUBJECT TO ACC THE MIAS, EXCLUSIONS AND CONDITIONS OF SUCH POL101ES.UNITS SHOMR4 MAY HAVE BEEN REDUCED BY PAID CLINKS. DIM OPmINPANCE PoucvNXrAMEII .;''� :aN' LII$ OIONAPLUMBUTT EACH OCr URRNCE I S OOISNJICALGENERAL LMBUTY °A glIe 17?r eENTe .** i$ 1 C A5+s$oc ❑OCCUR MED err S Lie PERSONAL a ACN PGA i I r._. 0EI117IALA0W OATS I -1 AOONLOATE 2B*PUSS Loc ,>+no°ucr`'°°"'�o'Doo i Aa,aIONILWASNJfYMIT , _ NIYNITO D00LYINJURY(Par prim) I Si m to BOOBUU Y' RY X waoderq S tiMED AUTOS NAl143 0 .ile= S 1 S umeatuAurap u EACH00CURRENZE i --- MISS W o ACAREOATE S URETENPON I ( y g 1 » 1 moireMtt ovemAunsul"rNETeotEaNTrVN Y 707865911 WORKERS 11131111001 'xIt3SRYt; s! IV A DPPnceJeorOEJtelaauotar �N NNA �; 7/4/2014 714/2015 it,fAcil T =100.21100 apt �al E.L.PIED$[•EA EMPLOYES; f 1OO.O0O. _, ar�rJev17 EPERATrart e..y LI.oaiAse.POLICY war a 600.000/0 �1.�..1 oui aFl10NOPOPER TIONSiLOCATIONBNY4feOUIS 0w1,ACORa1.i irri -Hera nSONAMAlfwwepinimegi rq CERTIFICATE HOLDER CANCELLATION SchoolBoard of Berard County NIOM°ANY OF THE ABOVE OEBCItBI ED POLICIES ee CANCELLED BORE x700.kbps Fran Jamieson Way THE EXPIRATION DAT! THEREOF, Nome wits. Es DEUVE7RED W ACCORDu1Nc a BSRH THE POLICY PROVISIONS. Visa FL 32940 AVIRCes Eo itonasei I1rV[C`z 1�� PionNNumber 321-e33-1000 \ l� J'/ Co 19$8.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010!05) The ACORD name and logo an registered marks of ACORD Detail by Entity Name http://search.sunbiz.org/Inquiry/CorporationSeardt/SearchResultDetai... FLORIDA DEPARTMENT OF STATE / }t f� Home Contact Us E-Fiiing Services Document Searches Fortes Help .ptl Detail by Entity Name Florida Profit Corporation TANK WIZARDS INC. Filing Information Document Number P13000097567 FEI/EIN Number NONE Date Filed 12/0612013 State FL Status ACTIVE Effective Date 0110112014 Last Event AMENDMENT Event Date Filed 02/05/2014 Event Effective Date NONE Principal Address 1511 MASTERS ROAD N.W. PALM BAY, FL 32907 Mailing Address 1511 MASTERS ROAD N.W. PALM BAY, FL 32907 Registered Agent Name &Address AVOCAT INC. 1511 MASTERS ROAD N.W. PALM BAY, FL 32907 Officer/DIrector Detail Name&Address Title PVST STRODERD, WENDALL 1511 MASTERS ROAD N.W. PALM BAY, FL 32907 Annual Reports uskurou 0 ane Eruoceortrs State or rpri0a.Department of State 1 of 3 9/2912014 1:33 PM Tank Wizards Inc. Normal and Emergency Contact (orders, invoicing,scheduling) Wendall Stroderd 1511 Masters Road N.W. Palm Bay, Fl. 32907 (321) 285-8878 office (321) 427-5149 cellular After hours, weekends, and holidays same contact • sum FLORIDA',, DEPARTMENT OF RICK covsR OR i 4% ENVIRONMENTAL PROTECTION MUM LOPFZ.CAW w.RA BOB HARM=OMB. LT.O0%•ERWOR ''I o' {f'Y., : ':; 2600 BLAIRXIDNL ROAD — TAL1aaAsSEN,HAMR A 2aoo HEftSCHEL T.VD YAFD 1R sECRUARY July 23,2014 WendaR Stroderd Tank Wizards Inc 1511 Masters Road NW Palm Bay, FL 32907 BE IT KNOWN THAT Tank Wizards Inc 7619 Coral I West Melbourne, FL 32904- 1101 IS HEREBY REGISTERED AS A USED OIL Transporter,Transfer Facility,Filter Transporter,Filter Transfer Facility pursuant to Chapter 62-7I0, Florida Administrative Code(F.A,C) For regulatory guidance,go to: Iu. .I.I. , • , i .L.,,u ..i...... 1 r.I ..•. . ,. ., 1 n The Department of Environmental Protection hereby issues Registration Number FLR000210542 on July 23,2014 Transporter Type:FH This registration will expire an 6/30/2015 This certificate documents receipt of your annual registration and annual report.It shall be displayed In a prominent place at your facility.This certificate and your cancelled check are your receipts. 9"144. dAirreLs Janet Ashwood Engineer Specialist III Hazardous Waste Regulation Permitting J $ /s o✓r' ."t/p"'--4+--/-17 - c ori ,e/'G' ,/1�l /*sr .:✓asedr, eP� yvlfet"e--71- • • -e-ot 1/`if/y . . . D `TAKY 'A 'I INITIAL WORK We will come to your job ckan and leave clean.In most cases you will not lase any fuel whatsoever.Our fuel and fuel tank cleaning process treats the fuel and removes only contaminants and unwanted water.There is no hazardous waste accumulated and virtually no fuel loss.(In most cases there is zero fuel loss.Even in the most extreme cases fuel loss is less than one percent. You will be notified if fuel loss should exceed one percent)The contaminated filters will be disposed of by Tank Wizards in a proper manner.Your fuel tanks will be cleaned and your fuel will be filtered to a particulate size of 5 microns through a Beta rated filter system with an efficiency rating of 99.9%. BASE LINE ANALYSIS Fuel sampling with laboratory analysis will be dare atter cleaning to establish successful cicauing,fuel quality,and a benchmark for future comparison(no charge on tanks over 1000 gallons,optional on smaller tanks).After the initial cleaning. samples will be taken at 90 days and at 270 days(at no charge)from each fuel tank over 1000 gallons and the tccults made available to you.This periodic analysis will dictate any ongoing tank cleaning and chemical treatment(if needed)for your fuel. .. MICRO-BIOCIDES ;, .biocides.we'use(FQS 1.5)are EPA Registered to treat microbial growth in diesel Mel and gasoline.They kill all known t ;r cma of baeteria/anzymes and fungi in fuel.Microbial growth occurs in the fuel phase,water phase,and the fuel/water phase of Biel;Our product kills all forms of microbial growth in all fuel phases.74%is active in the fuel phase.26%is active in the water FUEL TREATMENT tresament3wi1l be used according to manufacturer's specifications.The product is a multi-functional fuel treatment to ";<" address all " related to fuel.The diesel fuel treatment(Power Max Plus"Nan-Dispersant")includes a lubricity agent toaidnitt lubricating:injectors and injector pumps,de-emulsifiers to aid in the removal of unwanted water(NO DISPERSANTS), .sca to stabilize fuel in extended situations and corrosion inhibitors to helpprotect the tank. Cetane ,:,r,•,:::- Q71yge�.,�,,.Ya!8ers storage improvers toiboost the octane 4 to 6 points to increase fuel economy. WARRANTY AND GUARANTEE This is a quotation for initial tank cleaning with one year of follow-up service at no charge(as outlined below).The year will start on the day of the initial tank cleaning.The cost for work and chemicals,after the initial cleaning,(if any)are as listed.The follow-up fuel analysis will be the determining factor for micro-biocide treatment and fuel cleaning. 1. Additional micro-biocide treatment(90 days) NO CHARGE 2. Additional fuel tank cleaning and fuel filtering (one year) NO CHARGE 3. Fuel sampling(no lab)90 and 270 days NO CHARGE 4. Additional fuel treatment for added fuel As you require at your cost. We guarantee clean fuel, clean fuel tanks, free of microbial growth for 180 days in small tanks and one year in tanks larger than 1000 gallons at no additional cost. If your fuel gets dirty for any reason whatsoever,we will clean it at no charge. ?raven solutions far fuel and fuel,tank problems EXHIBIT B . ITB#15-B-019-DR Fuel Tank Cleaning Addendum#2 Page 4 of 6 "BID SUBMITTAL.FORM"REVISED 949.2414" October 1,2014 TO: The School Board of Brevard County, Florida Office of Purchasing&Warehouse Services,Pod 8, Room 802 2700 Judge Fran Jamieson Way Vrere,FL 329404601 7407.4-.--1 "- / J /� The undersigned hereby declare that (Firm name) 7 �� ir '/ 4'T. 4X/'J3 has carefully carefully examined the specifications to furnish: FUEL TANK CLEANING for which Bid Submittals were advertised to be received no later than 2:00 p.m.,local time,on October 1,2014 and • further declare that will furnish the fuel tank leaning according to specifications. DESCRIPTION QUANTITY UNIT PRICE PER TANK TOTAL PRICE QUARTERLY FUEL TREATMENT/SAMPLING: Tanks less than 2500 Per Gal Tank gallons 10 ea Capacity /�{ ff/i td 6,000 gallon tanks _ I 2 PerTank S /3 r U $ 30e. ,5"- 8,000 8,000 gallon tanks 1 PerTank $ / 7. /1 $ 10,000 gallon tanks 7 PerTank $ p�,�0. oc3 $ /,5"-ye). vv 20,000 gallon tanks 1 PerTank $ 38y3a $30/- 30 Fuel tank cleaning for tanks on quarterly Fuel treatment,(chemicals in specs not Intl.) Tanks less than 2500 Per Gal Tank gallons 1 Capacity $ /i 00 -\ ITE dib4'018•DR Fuel Tank Cleaning Addendum A 1 Page 5ofe Tanks 2500 to 10,000 10 Par Tank $ $ gallons 540e t2C p7s0� r Tanks 10,000 to 1 Per Yank20,000 $ �o $ 5- Fuel tank deaning for tanks not on Quarterly fuel treatment(chemicals hid) Tanks less than 25001 Per Gal Tank $ gallons capacity �i /V /i l Tanks 2500 to 10,000 1 Per Tank S S gallons ,P49 %1 ?'PO Tanks 10,000 to 20,000 1 Per Tank $ / /eD $ �� oa DESC IP11011 QUANTITY UNIT PRICE PER TANK TOTAL PRICE Additional lab analysis(per specs) 1 Per Sample $ / � �D $ / eav Additional Bid Submittal Requlmmnns: A. Local easiness Tax Receipts The jud s on In*Yash the permanent business location resides /3/.e'kez,d2/ '',454roounty,City). The k1ud jurisdiction(mast check one): ►! •• issue local business tax receipts(formerly known as occupational licenses)and a copy of the local business tax receipt is included with bid submittal. Does not issue local business tax receipts. El This does not apply es bidder Is exempt Bidder must stats meson of eooemption and include docutnentabon from jurisdiction stating exemption with bid submittal. B. Bankruptcy:Litigatlar Is your company in the process of any bankruptcy proceedings as herein described? YES❑ NO Er Is your company Involved In any litigation as herein described? YES❑ NO ITS 615.3-018-DR Fuel Tank Cleaning Addendum a 1 Page6of6 Prompt Payment Terms: 9i Days;Net 45 Days Do you accept electronic funds transfer(ETF)? YES 0 NOD If yes,does your fur offer a discount? Do you accept Purchase/Payment by Visa card? YES 0 NO D Have supplied all the Submittal Requirements outlined below? Invitation to Bid cover page Fiorida Department of State Division of Corporations Number a Completed and executed Bid Submittal form a My addenda pertaining to this ITS o Drug Free CertKioalion a Debarment Certification a Emergency/Storm rotated catastrophe-Contractor agreement form a Cochet of Interest form a References.in accordance with Section 212,Deliniflon of Responsive and Responsible a Certified Business Program Reciprocity Affidavit—If Applicable a Nondedosure for Confidential Materials a Randal Information(If applicable) o Biddsys Statement of Principal Place of Business O Lttelions1Bankruptcy School Board of Brevard County . Office of Purchasing&Warehouse Services 2700 Judge Fran Jamieson Way ' I' Vivra, F132940.6601Tr.air.�..� , • Brian T. Binggelt, Ed.D., Superintendent C) wi.oMuc...:s s~bocci oaysaa r September 3,2014 !TB#15-B-019-DR Fuel Tank Cleaning { Addendum#1 The original Invitation to Bid(ITB),documents shall remain in full force and effect,except es modified herein,which shall take precedence over any contrary provisions in the prior documents. The original Invitation to Bid (ITB). submittal deadline shall remain the same date and time of September 24,2014 at 2:00 PM. This addendum is being issued to address questions received, and make revisions to the original solicitation document The following are questions and answers regarding the above mentioned solicitation: Question 1: In the fuel tank cleaning bid you have out under the scope states the following `Vendor shall have current registration as a Used Oil Transporter, Transfer Facility, Filter Transporter,and Filter Transfer FacsIty by the Florida Department of Environmental Protection', If we are subbing the transportation of waste to a qualified company can we use their registration? • i Answer: Reference page 25;Section 3.0(R). Question 2: Could we be provided a prior contract and/or pricing for the past services of this contract? } Answer: There is no prior contract for these services. Question 3: Additional services that are offered by the vendor can be presented either in listing or brochure attached to the bid proposal? Answer: Yes. Question 4: It is stated in 1.03.2b Fuel Tank Cleaning that it is required for the vendor to use an eight stage closed loop filtration system.Would there be any flexibility in the equipment requirement if comparable results could be reached(Le.using a 6 stage closed loop titration system to achieve 5mlcron levet,free from (BS&W)and treated with the inhibitor and treatment) Answer. Six(6)stage filtration will be considered, Question 5: It is stated on Page 6,that the Vendor shall UNCONDITIONALLY guarantee dean fuel and tanks for the stated terms.Would there be an exception due to re-occurring issues out of the control of the vendor(i.e.tank repairs needed,leaks,or bad fuel deliveries)? Answer. Hardware failure resulting in contamination of stored fuel would relive the vendor of responsibility. Determination of cause of contamination will be verified by an independent tank service professional • at the expense of the vendor. Question 6: Can the fuel type be stated and confirmed in the bid package?I am under impression it might be B20? • Answer. At any given time there may be B20 blended or ULS diesel or a combination of both products at any time in the storage tanks. Question 7: Do you want any Terms and Condition exceptions to be submitted at this time?Or only upon award of contract and negotiation? Answer. Yes,please include any Term and Condition exceptions as a deviation to this Invitation to Bid. Reference page 14;Section 2.21 DEVATIONS. . .. ITB#15-B-019-DR Fuel Tank Cleaning Addendum#1 Page 2 of 5 The following are revisions to the above mentioned solicitation: On page 7 of 44;Section 2.01'Closing Date'states that the closing date is September 11,2014;the correct dosing date is September 24,2014. On page 6 of 44;Section 1.03.2,third paragraph states that the vendor shall provide samples to maintenance along with report;the reports shall be delivered to transportation. On page 6 of 44;fifth paragraph please remove the word'UNCONDITIONALLY". The following are the attachments released In regards to the above mentioned solicitation: Attachment —Bid Submittal Form"REVISED 9-3-2014" If you should have any questions regarding this addendum, please do not hesitate to contact Dawn Richer,CPPB, FCPA.Senior Buyer purchasing agent responsible For this solicitation at Richer,Dawntfabrevardschootgng or by `! phone at 321633-1000 ext.637. Sincerely, Kristine L.humping,CPPD,CPPB,FCCP Manager of Purchasing Services KLR/dr Acknowledgment of Addendum#1 •y Vendor: This addendum shall be completed by the Vendor and returned with the submittal. If submittal has already been 1 submitted, this addendum must be submitted to the above address in a sealed envelope,which is marked on the f i outside:Addendum#1 ITB#15•B-019-DR. This is to acknowledge receipt of this addendum,which will become part of the ITB document to/e.s•i'f l/ / oeVer..P . •P NAM. (TYPED OR PRINTED) 4....Pi zC rid ..x•-c; SIGNATURE VENDOR NAME , 7//17i 21.8. DATE PHONE NUMBER 3 I < i t I 4 't v.r. • it S e i.... r s • ... • ..,—.4`:,....L....:.�.:..r ...:w►..L'-r2..r�,'�._t:.3 ...h..`,t�.'�r Ca:T.•t:S..:_.L...r .: .[I.:::.t:..S;R::i.:.�l,.G:..:,7r...,aw.a_._ r .. ' . ITB#15-8-019-DR Fuel Tank Cleaning Addendum#1 Page 3of5 i ."BID SUBMITTAL FORM"'REVISED 942014" September24,2014 TO: The School Board of Brevard County,Florida Ofke of Purchasing&Warehouse Services,Pod 8,Room 802 2700 Judge Fran Jamieson Way �/�,/� Vlera,FL 32940.6601 � 4 . ?The undersigned hereby declare that [firm name '"` has carefully examined the specifications to furnish: FUEL TANK CLEANING forwhich Bid Submittals were advertised to be received no later than 2:00 p.m.,local time,on Thursday,September 24,2014,and further declare that will furnish the fuel tank cleaning according to specifications. DESCRIPTION QUANTITY UNIT PRICE PER TANK TOTAL PRICE } QUARTERLY FUEL TREATMENT/SAMPLING: 500-100ksga11on Per Tanktan $ $ 1,501-3,000 gallon tanks 5 Per Tank $ $ 3,001-4,500 gallon tanks 5 Per Tank S $ 4,501-6,000 gallon tanks 5 Per Tank $ 5 6,001-8,000 gallon Per Tank tanks 7 $ $ 8,001-10,000 gallon Per Tank tanks 1 $ 10,001-15,000 gallon Per Tank tanks 1 $ $ 15,001-20,000 gallon Per Tenk tanks 1 $ $ 20,001+gallon tanks 1 Per Tank $ S { Fuel tank cleaning for tanks on quarterly Fuel treatment,(chemicals In specs not Md.) 500-1,500 gallon 5 Per Tank $ $ tanks 1,501-3,000 gallon tanks 5 Per Tank $ $ 3,001.4,500 gallon tanks 5 Per Tank $ $ .. ♦w..»n.,L._a j.:..1:wr:.I../,,:.... ....,�. L w...�.....t....4i.'1.s.1'is�J.w. i�.+."%.P4-.aL':�.«,u.w..«- .» .....,... ITB 1/15-B-010-DR Foal Tank Cleaning Addendum P 1 Page of See ,Tr,4�e�'�.t/'r't 0. 2 Fuel tank cleaning for tanks on quarterly Fuel bieatment,(chemicals in spars not lnd.j 4,501.6,000 gallon tanks S Per Tank $ $ 6,001.8,000 pion Per Tank ) tanks 8,001-10,000 gallon 1 Per Tank S tanks 10,001-15,000 gallon Per Tank tanks 1 $ $ 15,001-20,000 gallon1 PerTank $ tanks 20,001+gallon tanks Per Tank f $ $ Wei tank loaning for-tanks not on Quarterly fuel treatment(chemicals incl) 500-1,500 prion I 5 PerTank $ $ tanks 1,501-3,000 gallon tanks 5 Per Tank $ $ 3,001.4,500 gallon tanks 3 PerTank $ $ 4,501-6,000 gallon tanks 5 Per Tank $ $ 6,001.8,000 gallon per Tank $ $ tanks 8,001-10,000 gallon1 Per Tank S tanks 10,001-15,000 gallon Per Tank tanks 1 $ $ 15,001-20,000 gallon 1 Per Tank S tanks 20,001+gallon tanks 1 Per Tank $ $ DESCRIPTION QUANTITY UNIT PRICE PER TANK TOTAL PRICE Additional lab 1 Per Sample $ $ analysis(per specs) ITB#15.6019-DR Fuel Tank Cleaning Addendum*1 Page 6of5 5 ' Additional Bid Submittal Requirements: A. Local Business Tax Receipts The jurisdiction In which the permanent business location resides .(County/City). The above listed jurisdiction(must check one): t0 Does issue local ax tax (formerly known as occupational licenses)and a copy of the local business ta ❑Does not Issue local business tax receipts. ©This does not appy as bidder Is exempt.Bidder must state reason of exemption and include documentatbn from ju ri:didtlorn stating exemption with bid submittal B. Bankruptcy/Litigation is your company in the process of any bankruptcy proceedings as herein described? YES NO is your company involved In any litigation as herein described? YESO NO0 Prompt Payment Temps: 9G Days;Net 45 Days Do you accept electronic funds transfer(ETF)? YES 0 NO 0 if yes,does your firm offer a discount? Do you accept Purchase/Payment by Visa card? YES 0 NO❑ Have you supplied al the Submittal Requirements outlined belomw? o Completed Invitation to Bid cover page o Florida anent of State Division of Corporations Number o CartpI Md and executed Bid Submittal form o Any addenda pertak*ig to this ITB o Drug Free Certification o Debarment Certification o Emergency/Storm related catastrophe•Contrador agreement form o Conflict of interest form o References.in accordance with Section 2.1Z Definition of Responsive and Responsible o Certified Business Program Redprodty Afiidavtt—If Applicable o Non-disclosure for Confidential Materials o financial Information(if applicable) o Bidder's Statement of Principal Place of Business o UtigatioralSenkruptcy I I I .-. • ` School Board of Brevard County _ ,- Office of Purchasing &Warehouse Services 's ' • •7 2700 Judge Fran Jamieson Way the Vera, Fl 32940-6601 Sett • e � Brian T. Binggeli, Ed.D., Superintendent RL.�,,;o,,;.,' swwca.M--r September 19,2014 ITB#15-B-019-0R Fuel Tank Cleaning Addendum 02 The original Invitation to Bid(ITS),documents shall remain in full force and effect,except as modified herein,which shall take precedence over any contrary provisions in the prior documents. The original invitation to Bid (ITB), submittal deadline shall be extended for one(1)week and due on Wednesday October 1,2014 at 2:00 PM. This addendum is being issued to address questions received,and adding a revised attachment. The following are questions and answers regarding the above mentioned solidtation: Question 1: In your addendum 01 to ITB you answered a question about using sub-contractors to transport waste. The answer referred to another section of the[TB which states that all sub-contractors to be used must be disclosed by name and address.Does this mean that sub-contractors shall be allowed to perform this part of the service contrary to page 5 section 1.03?And If so,please darify the following: a) Are we required to submit the sub-contractor's FDEP registration in the bid package as we are our own? b) Do we need to include their General liability,Product liability,Pollution Liability,Workers' Compensation,and Auto Liability insurance documents In the bid package? c) Do we need to provide the 3 references form on them as we do on ourselves? d) Is sub-contractor required to remove waste at actual time of tank cleaning?If not: 1) How and where shall waste be stored until pickup? 2) Who will be responsible for waste until pickup?(spills,leaks,etc...) 3) How will empty containers be disposed of after pickup? Answer: a)No.b)No.c)No,just the responding bidder.d)Yes. Question 2: Addendum states that a(6)stage system will be considered.Do we need to provide a description of the 6 stage system like the one in section 103.2(b)? Answer: Yes. Question 3: Addendum changes the terms of the guarantee to omit the word"Unconditionally"however page 10 section 211(B)6 states that warranty is part of specifications and not optional. Based on the answer to question S of the addendum it is my understanding that Vendor shall still guarantee dean tanks for warranty period except for(proven)mechanical failures and there is no exception for bad fuel deliveries(too hard to determine).Please clarify if that is correct. Answer: Yes,any concern with contaminated fuel delivery will be the responsibility of the vendor and the fuel • supplier, Question 4: Page 6 section 1.03.2 B paragraph 6 references drawing samples and submitting to an"independent laboratory"for analysis.Does the term Independent"infer"no connection"to Vendor or if Vendor has a laboratory that is a different division of the same entity does that'quaify for use? I ITB#15.8-019•DR Fuel Tank Cleaning Addendum*2 Page 2 of 6 Answer. Akbthat is of a different division of vendor will be acceptable. Question 5: The new bid submittal form tabulates prices completely differently and may not be as efficient or accurate a projection of future costs as the one that came out with the bid initially.Reasons are: a) It doesn't address tanks smaller than S00 gallons.Will they be left out of this bid? b) The tiered system in the second form overlooks that•most tanks are less than 1500 gallons(except transportation)and since It asks for one price from 500 to 1500 gallons vendors will have to protect ourselves by taking into consideration we may have to dean 1500 gallon tanks for that lowest price,therefore having to bid it higher.if the bid asked for price on these • smaller tanks by"per gallon of tank capacity"the School Board only pays for cleaning of the actual size of the tanks you have,and you don't have to be concerned with how much fuel is actually in the tank,and vendors don't have to worry about cleaning a 1500 gallon tank for the price of a 500 gallon tank(therefore allowing us all the opportunity to offer a lower price)and it can still be measured evenly and fairly to determine best value c) The new bid submittal form also creates opportunity for great disparity between apparent and actual future costs because it has many(unnecessary')tiers for tank sizes and the quantity of tanks being tabulated doesn't accurately portray the number and sizes that BCSB actually has. Example:Form shows 20 tanks between 500 and 4500 gallons and you have approximately 4. Also shows 10,000 gallon tanks at 1 and you currently have 9.Being tabulated this way it is possible to bid the 20 tanks that you don't actually have low and the 1 large tank high which keeps the overall total low,win the bid,and still be the highest cost when the 9 large tanks are cleaned.The original bid submittal form Is a much more accurate measure of BCS's actual situation(except a 20,000 gallon tank needs to be added to the quarterly treatment section) *Industry standards and other bids that have been awarded and published show that once a tank size reaches a couple thousand gallons the donning price doesn't change very much at all. Unlike smaller tanks where move-in,move-out,set up,travel,and other related costs affect pricing so drastically.This is why smaller tanks are most effectively priced"per gallon of tank capacity"and larger tanks"per tank".Once again the original bid submittal form more realistically represents the actual scenario. Answer. Please use the attached revised bid submittal form. • The following are the attachments released in regards to the above mentioned solicitation: • • Attachment#1 Revised Submittal Form"Revised 02/112014" If you should have any questions regarding this addendum,please do not hesitate to contact Dawn Richer,CPPB, FCPA, Senior Buyer purchasing agent responsible for this solicitation at jticher.Dawnebrevardschools.orq or by phone at 321-633-1000 ext.637. • S ely, Kristine L.Rumping.CPPO,CPPB,FCCM Manager of Purchasing Services KLR/dr I i ! • • s.t r/' '?r l,,._ ..•...,....-.- --- - .. _. �-:.(.....,..�-+... .ate.... ...C...e++,.... _-.�-..._.s.�...A..... ..ii..a..... .....:k rut..%w l�f..G+n..r..........�._. .. _ _ - I ITB 01543-019-DR Fust Tank Cleaning Addendum•2 Pape3ol6 Acknoddedament of Addendum 02 by Vendor: This addendum stall be completed by the Vendor and returned with the submittal. U submittal has already been submitted.this addendum must be submitted to the above address In a sealed envelope.which is marked on the oubide:Addendum e2 IT8*1548-019-DR. This is to acknowledge receipt of this addendum,which will become part of the In document Q,-e..0 e s f NAM (TYPED OR PRINTED) --_ _ 2.4e s Z Z . SIGNATURE VENDOR NAME 7/2yJq —28'S 107, DATE PHONE NUMBER I I I I I I