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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
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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
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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
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_., 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)
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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ACORD U(2001108) 0 ACORD CORPORATION 19Se
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a DT CERTIFICATE OF LIABILITY INSURANCE a�" ^
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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
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1YoalaOab PEROLINN.aAWMuuRY a 1,000,000
PlalestloaEl UNAlltyDE ERA.AOOUDOATE a T.000,000
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7J POUC! t 1 n t Deductible 2.500
oMTOiOEeELM JIY ' �aaaOLELSI1T $
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FLORIDA DEPARTMENT OF STATE
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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?
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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
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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
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