2010-39 LAKE Superintendent: School Board Members:
{ CO U NTY Susan Moxley, Ed.D. District 1
�I I Larry
•
SCHOOLS District i 2
Rosanne Brandeburg
District 3
Leading our Children to Success Cindy Barrow
•
District 4
Purchasing Department Debbie St/vender
District 5
29529 CR 561 • Tavares • FL 32778 -2496 • Kyleen Fischer
(352) 253 -6759 • Fax: (352) 742 -8516 • http: //Iake.k12.fLus
•
•
•
May 27, 2010
Mr. Stephen Mallia
The Sherwin — Williams Company
4677 LB McLeod Road
Building A - Suite 100
Orlando, FL 32811
RE: Bid #3053DG — Paint and Painting Supplies
Dear Mr. Mallia,
The Lake County School Board has accepted your offer to renew your annual contract for the
above referenced bid. The contract terms and conditions in this agreement will be firm from
September 28, 2010 through September 27, 2011.
We look forward to working with you during this contract period. If you have questions, please call
me at (352) 253 -6759.
Sincerely,
a b4 -EA-h 2 a.a._
Deborah Gardner,
Assistant Purchasing Agent
•
"Equal Opportunity in Education and Employment"
05- .'5- 10.10: 23,1; # 1/ 3
LAKE srpmt« , d at Sao° Mord rrene.,a:
TCCOUNTY swan Matd.y, Ed.0. Diabfct1
um Metz
SCHOOLS • District
Rona Imandsawy
MOW 3
Leading oar ChNdoon to Success Cady row
District 4
Purchaerng Department Debbie aevender
29629 CR 561 • Tavares • FL 32778 -2486 Suers s
Kyl.en filcher
(352) 253 -6759 •Fax: (352) 742516 • hlfi:/?ake.kl2irra
RENEWAL. OPTION
May 6, 2010
Mr. Stephen Mallia
The Sherwin — Williams Company
4677 LB McLeod Road
Building A - Suite 100
Orlando, FL 32811
RE: Bid #3053DG — Paint and Painting Supplies
Dear Mr. Mallia,
The above referenced contract is currently awarded to your company, but unfortunately will expire
on September 27, 2010. The School Board of Lake County would be interested in renewal of this
contract, per contract specifications, by your company if possible.
Please complete the form below to indicate whether you wish to renew. Please return to our office
try May 17, 2010.
A sworn statement under section 287.133 (3), (a), Florida Statutes, on Public Entity Crimes has
also been included. Please fill out and - return - signed original before the 'commencement of
contract on September 28, 2010.
Thank you in advance for your assistance in this contract renewal. Please contact me at 352 -
253 -6759, if you have any questions.
Sincerely,
Aabrytad7
Deborah Gardner,
Assistant Purchasing Agent
The Sherwin — Williams Company is in agreement for renewal of the above referenced
contract at the approved contract prices. Period of agreement shall be an additional twelve
months, expiring on September 27, 2011.
Pleas; Check One: I agree to renew at approved contract prices. E( Yes ❑ 1‘10
10" S12.5'lro
•
Authorized Signature Date
- Equal OpporMM'b, Education and rmplo near
it 2, _3
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
This form must be signed and swom to in the presence of a notary public or other officer
authorized to administer oaths.
1. This swom statement is submitted
to The Lake County School Board
by Stephen Mallla
for The Sherwin Williams Co.
Whose business address is: 4677 LB McLeod Rd., Orlando, Florida 32811
(If applicable) its Federal Employer Identification Number (FEIN) Is: 340526850
(If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement on the attached sheet) Required as per IRS Form W -9.
2. . I understand that a ° public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes means a violation of any state or federal law by a person with respect to and
directly related to -the transaction of business with any public entity or with -an agency or
political subdivision of any other state or with the United States, including but not limited
to, and bid or contract for goods or services to be provided to any public entity or agency
or political subdivision or any other state or of the Unites States, and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understate that °convicted" or 'conviction° as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that °affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes
means:
A. A predecessor or successor of a person convicted of a public entity crime or
B. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those offices, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of the affiliate. The
ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not fair market
value under an arm's length agreement, shall be a facie case that one person
controls another person. A person who knowingly enters into a join venture with a
person who has been convicted of a public entity crime in Florida during the
proceeding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 267.133(1)(c), Florida Statutes.
means any natural person or-entity organized under the laws.of- any -state or of the United
States with the legal power to enter a binding contract and which bids or applies to bid on
contracts for the provision of goods or services let by a public entity, or which otherwise
• transacts or applies to transact business with a public entity. The term 'person" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of the entity.
6. Based on information and belief, the statement, which 1 have marked below, is true in
relation to the entity submitting those sworn statements. (Please indicate which
Statement applies.)
00- 25- 10.10:33'M;
.® Neither the entity submitted this swom statement nor any officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity nor affiliate of the entity have been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
❑ The entity submitting this swam statement, or one or more of the officers, directors,
• executives, partners, shareholders, employees, member, or agents who are active in
management of the entity, or an affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to Jury 1, 1989.
❑ The entity submitting this swom statement, or one or more of its officers, directors,
•
• executives, partners, shareholders, employees, member, or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. However, there has been
subsequent proceeding 'before a Hearing Officer of The State of Florida, Division of
Administrative Hearing and the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submitting this swam statement on
the convicted vendor list (Attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE 1S FOR THAT
PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH 1S FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF
THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR
CATEGORY TWO Or' CHAN9rtZt INFORMATION CONTAINED 1N THIS FORM.
A
antra)
(Date)
STATE OF 41245,..>
COUNTY OF t711d/Xte --
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Sty he n / /1, A
(Name of individual signing)
who, after first being sworn by me, affixed his/her signature in the space provided
above on this 02C- day of /hi/ , 2010.
- - V F' Pe t Ba11E GAIL MONK
1mLs w �� t MYCOUMISSI0NIOD900321
' - (NOT 'Y PUBLIC) '" OIPIBES: July 15,2012
si*Wit ouiprtiiiwyt tai
My Commission Expires: U.ta 1 S . 20 ( Z--
LAKE Superintendent: School Board Members:
CO . ■ NTY Susan Moxley, Ed.D. District t
•
COUNTY Larry Metz
SCHOOLS District 2
Rosanne Brandeburg
District 3
Leading our Children to Success Cindy Barrow
District 4
Purchasing Department Debbie Stivender
29529 CR 561 • Tavares • FL 32778 -2496 District 5
Kyleen Fischer
(352) 253 -6759 • Fax: (352) 742 -8516 • http: //take.kl2.N.us
• NOTICE OF AWARD
September 29, 2009
Mr. Stephen Mailia
The Sherwin — Williams Company
4677 LB McLeod Road
Building A - Suite 100
Orlando, FL 32811
RE: Bid #3053DG — Paint and Painting Supplies
Dear Mr. Mailia,
At their meeting held on September 28, 2009 the Lake County School Board approved
the award of the above referenced bid to your company. A complete copy of the award
recommendation letter and the bid tabulation is posted on the LCSB Purchasing
Department's website located at http: / /iake.k12.f1.us
The bid we received from your company will serve as the contract and will be in effect
through September 27, 2010. Purchase orders will 'be issued as needed. We look
forward to working with you. If you have questions, please contact me at 352 - 253 -6759
or gardnerd(alake.k12.fl.us
Sincerely,
Deborah Gardner
Assistant Purchasing Agent
"Equal Opportunity in Education and Employment"
OW:
j �Hll:..
•
SHERWIN - WILLIAMS
2126SBAYST
EUSTIS, FL 32726 6357
(352) 589 -0121
08/11/2009
Quote #: 364450
LAKE COUNTY SCHOOL BD
201 W BURLEIGH BLVD
TAVARES FL 32778 2418
Bid Backage
Dear Deborah Gardner:
Thank you for condsidering our Sherwin - Williams products for the SCHOOL BOARD OF LAKE COUNTY.
Included is the Sherwin- Williams Bid #3053DG - Paint and Painting Supplies.
Should you require assistance or have any questions or concerns, please contact me at (407) 832 -8503
or e-mail me at swrep4095 @sherwin.com.
I Si -
STEP N M MALL
Sherwin- Williams
Sales Representative
11
COMPANY NAME: The Sherwin Williams Company •
INVITATION TO BID
SCHOOL BOARD OF LAKE COUNTY
PURCHASING DEPARTMENT
29529 COUNTY ROAD 561
TAVARES, FLORIDA 32778 -2496
The School Board of Lake County, Tavares, Florida solicits your company to submit a bid on our Bid
#3053DG —Paint and Painting Supplies.
All terms and conditions below are a part of this Invitation to Bid (ITB) and no bids will be accepted
unless the vendor complies with all conditions required herein. Rights are reserved by the School
Board of Lake County to accept or reject any and all bids and to waive all technicalities and award in
the best interest of the Board. The Board does not sign contract forms provided by vendors. The bid,
request for proposal, or invitation to negotiate with the vendor's signature will constitute an offer to sell
to the Board under the stated terms and conditions. From the notice of publication until 72 hours
after the posting of the recommendation of award only the Purchasing Department should be
contacted concerning any questions concerning this bid. No other employee, officer, staff or
agent of the School Board should be contacted during this period. All questions /concerns
shall be directed, in writing, to:
Deborah Gardner, Assistant Purchasing Agent
E -mail: gardnerd @lake.k12.fl.us
Fax: 352 - 742 -8516
Address: 29529 CR 561
Tavares, Florida 32778
1. BIDDERS RESPONSIBILITY: Before submitting their bid, each bidder is required to carefully
examine the invitation to bid specifications and to completely familiarize themselves with all of
the terms and conditions that are contained within this bid. Ignorance on the part of the bidder
will in no way relieve them of any of the obligations and responsibilities, which are a part of this
bid.
2. SCOPE OF WORK / SPECIFICATIONS: The intent of this invitation to bid is to establish the
minimum requirement for paint and painting supplies, listed and described in the body of these
specifications, to be used as noted, by the Lake County Schools.
A. Advisory service shall be furnished at no additional cost, on an "as needed" basis, from a
chemist employed by the paint manufacturer.
B. All paint shall be "Factory Fresh ". Date of manufacture through date of delivery shall be no
more than 60 calendar days.
C. Paint Colors: Colors shall be guaranteed to match throughout the term of this agreement.
The successful bidder shall make full reimbursement for correcting any non -match colors.
There shall be no additional charge for special mix colors.
D. Warranty: The manufacturer's standard warranty shall apply from the date of delivery.
E. Delivery: Delivery time from receipt of order to delivery shall not exceed three (3) days.
All prices should include delivery, FOB destination, to Lake County Schools, Maintenance
Page 1 of 25
• Bid #3053DG — Paint and Painting Supplies
•
Department, 525 W. lanthe Street, Tavares, Florida 32778. Delivery times are 7:30 AM -
3:00 PM, Monday through Friday, excluding holidays.
F. Labeling: Each carton shall be labeled on one side. Each label shall identify each carton as
follows:
1. Name of supplier
2. Quantity
3. Purchase order number •
4. Description of contents
5. Date of Manufacture
G. Material Data Safety Sheets: The Manufacturer, Importer or Distributor of a toxic substance
shall provide a material safety data sheet with his bid. (Under provisions of Florida's Right-
To -Know law, Chapter442, Florida Statues.)
H. Literature: The manufacturer's name and model number shall be included on your bid
whenever an equivalent product is offered, or when a manufacturer's name and model
number is not already indicated on the bid. Brochures and specifications shall be submitted
in the Bidder's submittal package for all "or equal" bids.
I. Master Painters Institute (MPI) Certification: Wherever a Master Painters Institute (MPI)
specification number is given then product bid must be on the MPI Certified Products List at
the time of the bid opening or Vendor must submit product specifications to verify that paint
meets MPI specifications. The MPI Certified Products List and Product Specifications may
be viewed at their website at http ://www.paintinfo.corn /index.htm.
MPI Architectural Painting Specification: MPI "Detailed Performance" and MPI "Evaluated
Performance" products require the manufacturer's technical certification that the product
meets either the required MPI's "Detailed Performance" definition, or the MPI "Evaluated
Performance" definition. Both require verification by MPI lab tests. Continued listing is
dependant upon random MPI confirmation testing.
J. Samples and Testing: The School Board reserves the right to request a sample of each item
being bid. This may be done at any time during the award process or at any time during the
contract period. If samples are requested, these samples must be provided within 48 hours
to the School Board. Each sample shall be labeled with the name of the company
submitting the sample, bid number, item number, and sent at bidder's expense to Lake
County Schools, Purchasing Department, 29529 CR 561, Tavares, Florida 32778. Upon
request, if sample has not been destroyed in testing, sample will be returned to bidder at
bidder's expense.
K. The School board reserves the right to submit these samples to an independent testing
laboratory for analysis. Findings of any testing shall be considered final. If the samples
tested meet specifications, the School Board will pay for the cost of the testing. If the paint
samples submitted for testing do not meet specifications:
1. The seller shall pay for all cost of testing.
2. The seller shall be required to pick -up all paint on -hand and issue a credit for this
unused paint plus all paint already expended that does not meet specifications.
3. The School Board may void the Contract and the seller may be barred from bidding on
future contracts with Lake County Schools for a period of up to three (3) years.
3. The forms included within this ITB may be completed on -line using Microsoft Word or simply
printed and completed by hand. Areas where information may be inserted while on -line are
Page 2 of 25
Bid #3053DG — Paint and Painting Supplies
indicated by a gray form field box and then the complete document can be printed. Original
signatures from an authorized representative of the company shall be affixed where indicated
within this document before submitting to the Purchasing Department.
4. All bids shall be filed in the Purchasing Department of the Lake County School Board, 29529
County Road 561, Tavares, Florida 32778, prior to 2:OOPM, local time, Tuesday, August 11,
2009 and clearly marked "Bid #3053 to be opened August 11, 2009." Bids will be opened and
tabulated at this time. Bids received after this time will not be considered. All bids shall be
submitted, in a sealed package or envelope, on the attached bid form properly extended and
signed by an authorized representative; place bid number and opening date of bid on envelope.
Faxed or e- mailed bids will not be accepted.
5. BID SCHEDULE:
Deadline for Questions: July 23, 2009 @ 4:OOPM
Last Date for Addendums: July 30, 2009
Bid Opens' August 11, 2009 @ 2:OOPM
Posting of Award Recommendation: September 2, 2009
Board Action on Recommendation: September 14, 2009
6. AWARD:
A. It is anticipated that award will be made on a lot by lot basis to the lowest and best
responsive and responsible bid received for each respective lot. However, as the best
interests of the School Board may require, the School Board reserves the right to make
award(s) on a lowest price basis by item, group of items, all or none, or a combination
thereof; with one or more Vendors; to reject any and all bids, that in it's judgment will be for
the best interest of the Lake County Schools, or waive any minor irregularity or technicality in
bids received. Award shall be made on conformity to specifications and price. Multiplying
unit cost per item by quantity estimated and summing the totals shall determine lowest bid
price.
It is important that vendors understand the District's budgetary restrictions when offers are
submitted. To fulfill our fiduciary responsibilities we are requesting that all pricing submitted
is as competitive as possible so that we may return maximum value to the District By
providing a bid the vendor is acknowledging that the District's current or future budgetary
shortfalls may materially impact long -term completion of the District's projections under this
bid and /or may materially impact the District's ability to consider renewal of any subsequent
terms. Please also see Item 10,
B. The Board reserves the right to use the next lowest and best responsive and responsible
bidder in the event the original awardee(s) of the bid cannot fulfill their contract, subject to
the terms and conditions provided herein. The next lowest and best responsive and
responsible bidder's prices must remain the same as originally bid and must remain firm for
the duration of the contract.
7. Bid tabulations with recommended awards will be posted for review by interested parties on or
about September 2, 2009, and will remain posted for a period of 72 hours. The award
recommendation will be posted in the Purchasing Department located at 29529 County Road
561, Tavares, Florida and on our website at ht_ / /lake.k i 2 fl u; . To access information from our
website select Purchasing from the Department list, click on Bid Opportunities, then click on the
appropriate title of the ITB for a listing of all published information. Since this information is
available as outlined above, the purchasing department will not mail or fax recommendation of
award notices to all bidders. Failure to file a protest within the time prescribed in Section 120.57
(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida
Page 3 of 25
Bid #3053DG — Paint and Painting Supplies
Statutes. Any person who is affected adversely by the decision or intended decision shall file
with the Board a written notice of protest within 72 hours after the posting or notification. A
formal written protest shall be filed within 10 calendar days after filing the notice of protest. With
respect to a protest of the specifications contained in an invitation to bid or in a request for
proposals, the notice of protest shall be filed in writing within 72 hours after the receipt of the
project plans and specifications or intended project plans and specifications in an invitation to
bid or request for proposals (but no later than the time when the bids or responses must be
received in order to be considered), and the formal written protest shall be filed within 10
calendar days after the date the notice of protest is filed. The 72 hours period referred to herein
shall not include Saturdays, Sundays, or holidays. The word "holiday" shall mean any weekday
on which the School Board's Administrative offices are closed. Failure to file a timely formal
written protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
The formal written protest shall state with particularity the facts and law upon which protest is
based. Any person who files an action protesting a decision or intended decision pertaining to a
bid pursuant to FS 120.57(3)(b), shall post at the time of filing the formal written protest, a bond
payable to the School Board of Lake County in an amount equal to one percent (1 %) of the total
estimated contract value, but not less than $500 nor more than $5,000, which 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. In lieu of a bond, a cashier's check, certified bank check, bank certified company
check, or money order will be an acceptable form of security. 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. Upon
payment of such costs and charges by the protester, the protest security shall be returned. If
the protester prevails, he or she shall recover from the district all costs and charges which shall
be included in the final order of judgment, excluding attorney's fees. Upon receipt of the formal
written protest and protest bond which has been timely filed, the district shall stop the bid
solicitation process or the contract award process until the subject of the protest is resolved by
final district action, unless the Superintendent sets forth in writing particular facts and
circumstances which require the continuance of the bid solicitation process or the contract
award process without delay in order to avoid an immediate and serious danger to the public
health, safety, or welfare.
8. QUANTITIES: Quantities stated on the Cost Proposal Form are estimated annual quantities that
will be purchased during the Contract term. The School Board reserves the right to order
greater than or less than the quantity stated: These estimates are intended as a guide in
submitting your bid. Orders will be placed on an "as needed" basis at any time and in any
quantity during the bid period. It is requested that if quantities ordered during the contract term
exceed 10% of the estimated total quantity per item that vendors indicate an additional discount
percentage to be offered.
9. PROMOTIONAL PRICING:
A. Best Pricing Offer — During the Contract term, if the Customer becomes aware of a better
pricing offered by the AWARDED VENDOR(S) for substantially the same or a smaller
quantity of a product outside the Contract, but upon the same or similar terms of the
Contract, then at the discretion of the Customer the price under the Contract shall be
immediately reduced to the lower price. It will be the AWARDED VENDOR(S)'s
responsibility to monitor -said item(s) and report any that are or will be offered at lower
prices.
Page 4 of 25
Bid #3053DG — Paint and Painting Supplies
B. Sales Promotions — In addition to decreasing prices for the balance of the Contract term
•
due to a change in market conditions, an AWARDED VENDOR(S) may conduct sales
promotions involving price reductions for a specified lesser period. An AWARDED
VENDOR(S) shall submit to the Purchasing Department documentation identifying the
proposed (1) starting and ending dates of the promotion, (2) products involved, and (3)
promotional prices compared to then - authorized prices. Promotional prices shall be
available to all Customers. Upon approval, the AWARDED VENDOR(S) shall provide
conspicuous notice of the promotion.
10. REMAINDER OF LINE DISCOUNTS: Bidder shall indicate a fixed percentage ( %) discount
from list price for any items within that product line not specified in each respective lot. A price
list or catalog with prices listed must be included with bid response and updated as changes
occur. Any percentage of discount will be acceptable however; leaving that portion of the cost
proposal form blank will be considered a "No Bid" response.
11. The School Board reserves the right to utilize bids of other entities or to purchase through other
methods if it is in the best interest of the Board.
12. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
AWARDED VENDOR(S), supplier, subcontractor, or consultant under contract with any public
entity, and may not transact business with any public entity.
13. PUBLIC ENTITY CRIMES DISCLOSURE: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
. contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as
a AWARDED VENDOR(S), supplier, subcontractor), or consultant under a contract with any
public entity an may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
14. The Bidder certifies that all material, equipment, etc., contained in this Bid meets all
Occupational Safety Hazards Act (OSHA) requirements. Bidder further certifies that, if he is the
successful bidder, and the material, equipment, etc., delivered is subsequently found to be
deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the
material, equipment, etc., into compliance with aforementioned requirements shall be borne by
the bidder.
15. Equipment or other items of this bid, identified by catalog or manufacturers number or by brand
name are for the purpose of showing quality only, except where otherwise specified. Other
Manufacturers or Brand names of proven equal quality, or better, will be acceptable. If bidding
on an equivalent to that specified, state manufacturer and supply complete description of
product offered, including brochures and specifications. •
16. SAMPLES: Samples may be required for bid. Samples, if required, shall be supplied to the
School Board at no charge, and returned to the vendor at vendor's expense. Required samples
shall be clearly identifiable with the Bidder's name, Bid Number, and Item Number. Failure to
deliver required samples or failure to clearly identify samples may be reason for disqualification
of bid. Samples which are not consumed or destroyed by testing will be returned, at the Bidder's
Page 5 of 25
Bid #3053DG — Paint and Painting Supplies
•
expense, upon request. Request for the return of samples must be made within ten (10)
working days following bid opening.
17. Successful bidder shall not substitute items from that which were bid. If substituted items are
delivered, the items shall be shipped back to the vendor at the vendor's own expense. Such
actions may result in a termination of the contract.
18. Items provided on this bid are to be new. Items that have been refurbished or used for
demonstration are not acceptable. Successful bidder shall agree to accept, for full credit and
return shipping charges, the return of any item received that is found to be defective in quality.
19. In case of exact tie bids, awards will be made at the discretion of the board. Conformity to
•
specifications, price, quality, and time of guaranteed delivery will be determining factors in the
awarding of the bid.
20. In the event of an error in extending the total cost for an item, the unit price submitted will
prevail.
21. All materials to be delivered F.O.B. destination to Lake County Schools Maintenance
Department, 525 W. lanthe Street Tavares, Florida or such other point as designated. All prices -
shall include delivery to the School Board Maintenance Warehouse or designated destination. '
22. Payroll Responsibilities - The AWARDED VENDOR(S) shall be responsible for the payroll and
paying of its personnel. Further, the AWARDED VENDOR(S) shall be responsible for
withholding applicable federal and state taxes, FICA, insurance, and other deductions as
authorized between the AWARDED VENDOR(S) and its personnel.
23. AWARDED VENDOR(S) shall be responsible for the paying of all appropriate state taxes unless
otherwise directed by the Owner.
24. SERVICES: The AWARDED VENDOR(S) shall perform the services: incorporated by reference
herein. Nothing herein shall limit the SCHOOL BOARD'S right to obtain proposals or services
from other professionals for similar projects. The AWARDED VENDOR(S) agrees to comply
with all terms and conditions of Bid #3053 for Paint and Painting Supplies, such terms and
conditions being incorporated by reference.
25. INDEMNIFICATION: The AWARDED VENDOR(S) agrees to make payment of all proper.
charges for labor required in the aforementioned work and AWARDED VENDOR(S) shall
indemnify SCHOOL BOARD and hold it harmless from and against any loss or damage, claim or
cause of action, and any attorneys' fees and court costs, arising out of: any unpaid bills for labor,
services or materials furnished pursuant to this Agreement; any failure of performance of
AWARDED VENDOR(S) under this Agreement; or the negligence of the AWARDED
VENDOR(S) in the performance of its duties under this Agreement, or any act or omission on
the part of the AWARDED VENDOR(S), his agents, employees, or servants. AWARDED
VENDOR(S) shall defend, indemnify, and save harmless the SCHOOL BOARD or any of their
officers, agents, or servants and each and every one of them against and from all claims, suits,
and costs of every kind and description, including attorney's fees, and from all damages to which
• the SCHOOL BOARD or any of their officers, agents, or servants may be put by reason of injury
to the persons or property of others resulting from the performance of AWARDED
VENDOR(S)'S duties under this Agreement, or through the negligence of the AWARDED
VENDOR(S) in the performance of its duties under this Agreement, or through any act or
omission on the part of the AWARDED VENDOR(S), his agents, employees, or servants.
AWARDED VENDOR(S) shall provide such indemnity regardless of the negligence or other
" Page 6 of 25
Bid #3053DG — Paint and Painting Supplies
culpability of the SCHOOL BOARD, excluding only those circumstances where the SCHOOL
BOARD is solely negligent.
25. CODES, LAWS, AND REGULATIONS: The AWARDED VENDOR(S) will comply with all
applicable codes, laws, regulations, standards, and ordinances in force during the term of this
Agreement.
27. PERMITS, LICENSES, AND FEES: AWARDED VENDOR(S) will obtain and pay for all permits
and licenses required by law that are associated with the AWARDED VENDOR(S)LS
performance of the Scope of Services.
28. ACCESS TO RECORDS: AWARDED VENDOR(S) will maintain accounting records in
accordance with generally accepted accounting principles and practices to substantiate all
invoiced amounts. AWARDED VENDOR(S) shall ensure that such records are available for
examination by the SCHOOL BOARD during AWARDED VENDOR(S) normal business hours.
AWARDED VENDOR(S) shall maintain such records for a period of three (3) years after the
date of the invoice.
29. CONTINGENT FEES PROHIBITED: The AWARDED VENDOR(S) warrants that he or she has
not employed or retained any company or person, other than a bona fide employee working
solely for the AWARDED VENDOR(S), to solicit or secure this Agreement and that he or she
has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for the AWARDED VENDOR(S) any fee, commission,
•
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. In the event of a breach of this provision, the SCHOOL BOARD shall have the
right to terminate this Agreement without further liability, and at its discretion, deduct from the
contract price, or otherwise recover, the full amount of any such fee, commission, percentage,
gift, or consideration paid in breach of this Agreement.
30. PAYMENT: SCHOOL BOARD shall compensate AWARDED VENDOR(S) for their services in
the following manner:
A. The SCHOOL BOARD shall compensate AWARDED VENDOR(S) for services rendered
pursuant to the School Board Approved Award Schedule and the terms and conditions of
this bid document provided that such services have either been specifically requested, in
writing, by. the SCHOOL BOARD or specifically authorized, in writing, by the SCHOOL
BOARD. -
B. AWARDED VENDOR(S) shall ensure that all work performed, materials provided, and
costs incurred by AWARDED VENDOR(S) pursuant to this Agreement are billed to the
SCHOOL BOARD in accordance with the School Board Approved Award Schedule and
the Terms and Conditions of this bid document.
C. AWARDED VENDOR(S) understands and agrees that the SCHOOL BOARD shall bear no •
responsibility for compensation to, or reimbursement of, AWARDED VENDOR(S) for any
services rendered, costs incurred, or materials provided by AWARDED VENDOR(S) •
pursuant to this Agreement which are either not specifically requested or authorized by the
SCHOOL BOARD, in writing, or which are not specifically set forth in the School Board •
approved award schedule and the terms and conditions 'of this bid document.
D. INVOICES. Invoices shall be submitted on a monthly basis, or when a specific project is
completed, and shall include the following detail for each separate task performed, where
applicable:
Page 7 of 25
Bid #3053DG — Paint and Painting Supplies
1) Purchase order number;
2) Name and address of vendor;
3) Unique invoice number;
4) Date and location of service /delivery;
5) Itemized unit quantities and unit prices;
6) Line item total or extended price, minimum contract discount; and
7) All pricing must be in accordance with rates set forth in the School Board approved
award schedule and the terms and conditions of this bid document.
8) Block or bundled billing entries, in which two or more tasks are blocked or bundled
• together into a single billing entry, are prohibited unless a lump sum award is
approved.
31. OWNERSHIP OF DOCUMENTS: All data, specifications, calculations, estimates, plans,
drawings, construction documents, photographs, summaries, reports, memoranda, and other
documents, instruments, information and material prepared or accumulated by the AWARDED
VENDOR(S) (or by such sub - consultants and specialty consultants) In rendering services
hereunder shall be the sole property of the SCHOOL BOARD who may have access to the
reproducible copies at no additional cost other than printing. Provided, that the AWARDED
VENDOR(S) shall in no way be liable or legally responsible to anyone for the SCHOOL
BOARD's use of any such materials for another PROJECT, or following termination. All original
documents shall be permanently kept on file at the office of the AWARDED VENDOR(S).
•
32. INDEPENDENT CONTRACTOR(S): The AWARDED VENDOR(S) agrees that he or she is an
independent contractor(s) and not an agent, joint venturer, or employee of the SCHOOL
BOARD, and nothing in this Agreement shall be construed to be inconsistent with this
relationship or status. None of the benefits provided by the SCHOOL BOARD to its employees,
including but not limited to, workers' compensation insurance, unemployment insurance, or
retirement benefits, are available from the SCHOOL BOARD to the AWARDED VENDOR(S).
Further, AWARDED VENDOR(S) will be responsible for paying its own Federal income tax and
self - employment tax, or any other taxes applicable to the compensation paid under this
Agreement. The AWARDED VENDOR(S) shall be solely and entirely responsible for his or her
acts during the performance of this Agreement.
33. ASSIGNMENT: Neither party shall have the power to assign any of the duties or rights or any
claim arising out of or related to the Agreement, whether arising in tort, contract, or otherwise,
without the written consent of the other party. These conditions and the entire Agreement are
- binding on the heirs, successors, and assigns of the parties hereto.
34. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone
other than the AWARDED VENDOR(S) and the SCHOOL BOARD.
35. JURISDICTION: The laws of the State of Florida shall govern the validity of this Agreement, its
interpretation and perforniance, and any other claims related to it. In the event of any litigation
arising under or construing this Agreement, venue shall lie only in Lake County, Florida.
36. TERM AND TERMINATION: The term of this Agreement shall be for an initial term; up through
and including one (1) year from the date of execution. This Agreement may be renewed for two
(2) additional one -year periods, if mutually agreed to by both parties. Any renewals shall be in
writing and signed by both parties. All or part of this Agreement may be terminated by the •
SCHOOL BOARD, with or without cause, for its convenience, upon no less than fifteen (15)
days written notice to the AWARDED VENDOR(S) of such intent to terminate. In such event,
the AWARDED VENDORS) will be entitled to compensation for services competently
performed up to the date of termination.
Page 8 of 25
Bid #3053DG — Paint and Painting Supplies
37. CONTACT PERSON: The primary contact person under this Agreement for the AWARDED
VENDOR(S) shall be Insert Contact for Agreement. The primary contact person under this
Agreement for the SCHOOL BOARD shall be Mike Corr, Director of Maintenance.
38. Approval of Personnel: The SCHOOL BOARD reserves the right to approve the contact person
and the persons actually performing the services on behalf of the AWARDED VENDOR(S)
pursuant to this Agreement. If SCHOOL BOARD, in its sole discretion, is dissatisfied with the
contact person or the person or persons actually performing the services on behalf of the
AWARDED VENDOR(S) pursuant to this Agreement, SCHOOL BOARD may require that the
AWARDED VENDOR(S) assign a different person or persons to be the contact person or to
perform the AWARDED VENDOR(S) services hereunder.
39. DISCLOSURE OF CONFLICT: The AWARDED VENDOR(S) has an obligation to disclose to
the SCHOOL BOARD any situation that, while acting pursuant to this Agreement, would create a
potential conflict of interest between the AWARDED VENDOR(S) and his duties under this
Agreement.
40. BACKGROUND INVESTIGATIONS: The AWARDED VENDOR(S) represents and warrants to
the SCHOOL BOARD that the AWARDED VENDOR(S) has read and is familiar with Florida
Statute Sections 1012.315, 1012.32, 1012.465, 1012.467, and 1012.468 regarding background
investigations. AWARDED VENDOR(S) covenants to comply with all requirements of the
above -cited statutes and shall provide SCHOOL BOARD with proof of compliance upon request.
AWARDED VENDOR(S) agrees to indemnify and hold harmless the SCHOOL BOARD, its
officers, agents and employees from any liability in the form of physical injury, death, or property
damage resulting from the AWARDED VENDOR(S)'S failure to comply with the requirements of
this paragraph or Florida Statute Sections 1012.315, 1012.32, 1012.465, 1012.467 and
1012.468.
41. DEFAULT; LIQUIDATED DAMAGES: In the event of default by AWARDED VENDOR(S) for
failure to perform under this Agreement the AWARDED VENDOR(S) shall pay the SCHOOL
BOARD as liquidated damages a minimum amount of either 10% of the total price of the
Contract or $5,000.00, whichever amount is larger.
42. ATTORNEYS' FEES: In the event litigation is required by either party to enforce the terms of
•
this Agreement, the prevailing party of such action shall, in addition to all other relief granted or
awarded by the court, be entitled to judgment for reasonable attorneys fees, incurred by reason
of such action and all costs of arbitration or suit and those incurred in preparation thereof at both
the trial and appellate levels, and in bankruptcy proceedings.
43. MODIFICATIONS AND AMENDMENTS: This Agreement may be modified or amended only by
a written document signed by authorized representatives of the AWARDED VENDOR(S) and
SCHOOL BOARD.
44. SUBCONTRACTS AND ASSIGNMENT: AWARDED VENDOR(S) shall not subcontract or
assign any of the work contemplated under this Agreement without first obtaining written `
approval from the SCHOOL BOARD. Any subcontractor(S) or assignee shall be bound by the
terms of this Agreement, including, but not limited to, the fingerprinting, insurance and
indemnification provisions.
45. ENTIRE AGREEMENT: This constitutes the entire agreement between SCHOOL BOARD and
AWARDED VENDOR(S) and supersedes any prior or contemporaneous understanding or
agreement with respect to the services contemplated herein.
Page 9 of 25
Bid #3053DG — Paint and Painting Supplies
46. SEVERABILITY CLAUSE: If any provision of this Agreement is held in whole or in part to be
Y 9 P
unenforceable for any reason, the remainder of that provision and /or the entire agreement shall
be severable and remain in effect.
47. NOTICES:
A. All notices, demands, or other writings required to be given or made or sent in this
Agreement, or which may be given or made or sent, by either party to the other, shall be
deemed to have been fully given or made or sent when in writing and addressed as
follows:
SCHOOL BOARD: Superintendent
201 West Burleigh Boulevard
Tavares, Florida 32778
AWARDED VENDOR(S): Insert Company Name
Insert Street
Insert City, State Zip
B. All notices required, or which may be given hereunder, shall be considered properly given
if (1) personally delivered, (2) sent by certified United States mail, return receipt requested,
or (3) sent by Federal Express or other equivalent overnight letter delivery company.
C. The effective date of such notices shall be the date personally delivered, or if sent by mail,
the date of the postmark, or if sent by overnight letter delivery company, the date the notice
was picked up by the overnight delivery company.
D. Parties may designate other parties or addresses to which notice shall be sent by notifying,
in writing, the other party in a manner designated for the filing of notice hereunder.
48. COMPANY SECURITY: The AWARDED VENDOR(S)'s personnel will not be permitted in any
area of the Owner's facilities except the designated Work areas. The Owner will designate
means of egress and ingress. The Owner will provide the necessary security passes, which
shall be carried at all times by the AWARDED VENDOR(S)'s personnel.
49. CODE OF CONDUCT: The AWARDED VENDOR(S) shall have an established program to
review with its employees the following Code of Conduct prior to AWARDED VENDOR(S)'s
employees coming onto the Owner's property. Owner reserves the right to take whatever action
it deems appropriate when a violation of the Code of Conduct occurs. This includes, but is not
limited to, barring /removing AWARDED VENDOR(S)'s employee(s) from the property and /or any
legal recourse available. The Code of Conduct shall include but not be limited to the following:
A. Employees shall be required to dress appropriately. Shoes and shirts are required at all
times. No apparel with inappropriate or offensive sayings or pictures shall be worn.
B. Alcohol, Tobacco, & Drug Abuse Policy — It is the policy of the Owner that the possession,
use, consumption, distribution, transfer, manufacture or sale of alcohol, tobacco, illegal •
drugs or prescription drugs without a valid prescription on Owner's . property is strictly
prohibited.
C. Miscellaneous Conduct — Use of profane, abusive, or threatening language, or fighting or
threatening bodily injury to any person is prohibited. Practical joking or horseplay has no
place on Owner's property and is prohibited. The bringing of firearms or other weapons
Page 10 of 25
Bid #3053DG — Paint and Painting Supplies
•
into the work place is strictly prohibited. Gambling in any form including the selling of
P YP 9 Y 9 9
chances or lottery tickets is not allowed upon the property of the Owner.
D, . Theft, Destruction of Property — AWARDED VENDOR(S)'s employees shall not take items
of Owner's property. AWARDED VENDOR(S)'s employees shall not damage or handle in
a destructive manner any of Owner's property or equipment.
E. Eating — eating is not allowed except in designated places.
F. Cleanliness — AWARDED VENDOR(S)'s employees shall keep their places of work
machinery, or other Owner's property used by them in a clean and orderly condition.
Marking on walls, posts or machinery is prohibited. Sanitary facilities and break areas are
cleaned daily, and AWARDED VENDOR(S)'s employees are expected to do their part in
keeping such facilities clean.
G. Telephone Calls — Telephones installed in Owner's facilities are for the use of the Owner in
the transaction of its business. Unnecessary use of telephones for personnel matters is
• discouraged. No long distance calls are to be made unless properly authorized.
H. Notices — No notice, bulletin, or other material shall be posted in Owner's facilities or upon
Owner's property except by Owner's prior written permission. AWARDED VENDOR(S)'s
employees shall not remove or deface any notice or bulletin or other information posted by
the Owner.
I. Sexual Harassment — It is the policy of the Owner to maintain a working environment free
of all forms of sexual harassment. Sexual harassment includes, but is not limited to:
1) Unwelcome, deliberate, repeated, or unsolicited comments, gestures, or physical
action of a sexual nature (for example, sexually derogatory statements, unnecessary
touching, patting or pinching, etc.);
2) Demanding or subtle pressure for sexual favors or sexual activity;
3) Preferential treatment, taking or refusing to take personnel action, or the exercise of
power in exchange for sexual favors; or
4) Actions or behaviors that have the purpose or effect of unreasonable, interfering with
work performance, or creating an environment which' is hostile, intimidating, or
• offensive (for example, sexual jokes, inappropriate calendars or pin -ups, etc.). '
AWARDED VENDOR(S) has the responsibility to immediately inform Owner of any
allegations of sexual harassment.
J. Engaging in any other practices as may be inconsistent with the ordinary, reasonable,
common sense rules of conduct necessary to the welfare of the Owner and any employee
of the Owner is prohibited.
K. Safety and Accident Prevention:
1) The AWARDED VENDOR(S) shall, at all times and at all locations where the Work is
performed, conduct its operations in such a manner as to avoid any risk of bodily
harm to persons or damage to property. The AWARDED VENDOR(S) shall.take all
precautions, which are reasonable and necessary to safeguard against such risks.
The AWARDED VENDOR(S) shall be responsible for the discovery, determination,
and correction of any unsafe conditions arising in connection with the performance of
the Work. The term 'AWARDED VENDOR(S)' as used herein shall include its
employees, agents, visitors, and its subcontractor(s), their employees, agents, and
visitors.
•
Page 11 of 25
Bid #3053DG — Paint and Painting Supplies
•
2) The AWARDED VENDOR(S) agrees, in the performance of this Agreement, to
observe and comply with all applicable federal, state, local, and Owner's safety rules
and regulations, including but not limited to the Occupational Safety and Health Act
of 1970 as amended. The AWARDED VENDOR(S) shall cooperate and coordinate
with other AWARDED VENDOR(S) on safety matters and shall promptly comply with
any specific safety instructions or directions given to the AWARDED VENDOR(S) by
the Owner. The AWARDED VENDOR(S) shall furnish all protective safety
equipment for its personnel.
3) The AWARDED VENDOR(S) shall report to Owner all accidents occurring on
Owner's property within twenty -four (24) hours of the occurrence.
50. NON - WAIVER: Failure of either party to enforce any of the provisions hereof shall not be
construed as a general waiver or relinquishment of this or any other provision.
51. RIGHTS AND REMEDIES: The rights and remedies herein reserved shall be cumulative and
additional to any other or further remedies provided in law or equity.
52. SEPARATE CONTRACTS: The Owner has the right to let other contracts in connection with the
Work or to perform similar work itself and the AWARDED VENDOR(S) shall fully cooperate with
such other AWARDED VENDOR(S) or the Owner.
53. Bidders unable to submit a bid are requested to supply their business name and address and
complete the NO BID RESPONSE form included in this ITB and return to the Purchasing Agent
of the Lake County School Board, 29529 County Road 561, Tavares, Florida 32778.
54. BID RESPONSE REQUIREMENTS /FORMS: The following items shall be included with the bid
response. Failure to do so may result in disqualification. These forms may be completed on-
line using Microsoft Word or simply printed and completed by hand. Areas where information
- may be inserted while on -line are indicated by a gray form field box. Original signatures from an
authorized representative of the company shall be affixed where indicated within this document.
A. Documentation of Bidder Qualifications
B. Cost Proposal Form (Attachment 1)
C. Reference Form, minimum of 3 (Attachment 2)
D. Literature for products bid, as required
E. Federal Debarment Form (Attachment 3)
F. Public Entity Crimes Affidavit (Attachment 4)
G. Non- Collusion Affidavit (Attachment 5)
H. No Bid Response Form, as required. (Attachment 6)
55. INFORMATION: Clarification of any language in the bid may be obtained by fax, email or US
mail and questions should be directed only to the Purchasing Department. Verbal discussion of
items in the bid with District personnel is not to be construed as changing any of the bid
•
requirements. Any additional information or addendums will be posted on the Lake County
Schools Purchasing website located at httpJ»ake.k12 Plus, select Purchasing from the
Department list, click on Bid Opportunities, then click on the appropriate title of the ITB for a
listing of all published information. It is the responsibility of the vendor to monitor this website for
addenda. All questions/ concerns shall received by no later than 4:00 PM, local time, Thursday,
July 23, 2009, and be directed, in writing, to:
Page 12 of 25
Bid #3053DG — Paint and Painting Supplies
•
,
l i
Deborah Gardner, Assistant Purchasing Agent
E - mail: gardnerdn7lake.k12 thus
Fax: 352 742 -8516
Address: 29529 CR 561
Tavares, FL 32778
56. «PIGGYBACKING" — With the consent of the awarded vendor, other agencies may make
purchases in accordance with the contract. Such purchases shall be governed by the same
terms and conditions as stated herein with the exception or the change in the entity's name.
•
Page 13 of 25
•
Bid #3053DG — Paint and Painting Supplies
•
ATTACHMENT 1
COST PROPOSAL FORM
It is the School Board's intention to purchase all of the items included in Lots 1, 2, 3, and 4 in five (5)
gallon containers however; the price of each of these items in a one (1) gallon container has been
requested. The one (1) gallon container price will not be used in the cost evaluation but the School
Board reserves the ri ht to purchase from the awarded bidders at the prices proposed.
EST.
ITEM ANNUAL DESCRIPTION UNIT TOTAL
# QUANTITY PRICE PRICE
Lot #1 - PAINT — ACRYLIC LATEX
Acrylic -base, flat, exterior, wood /masonry,
white and tints. As per MP! Spec. 10 •
1. 800 gal. Brand Name DuraCraft Flat Acrylic Coating $42.40/5 gal. $6784.00
& # B2WW551
Information Only $8.48/1 gal.
Acrylic -base, satin, exterior, wood /masonry,
white and tints. As per MPI Spec. 15
2. 800 gal. Brand Name DuraCraft Satin Acrylic Coating $49.00/5 gal. $7840.00
j & # B37WW351
•
Information Only $9.80/1 gal.
Acrylic -base, semi - gloss, exterior,
wood /masonry, white, and tints. As per MPI
Spec. 11
3. 500 gal. g and Name DuraCraft Semi -Gloss Acrylic $59/5 gal. $5900.00
Coating & # B21 W W 171
Information Only $11.80/1 gal.
TOTAL Lot #1 $20524.00
Lot #2 - PAINT — ENAMEL
Enamel, Alkyd, gloss, interior /exterior,
•
wood /metal, white and tints. As per MPI Spec.
4. 250 gal. and Name Industrial Enamel & # $64,75/5 gal. $3237.50
• B54W101
Information Only $1295/1 gal.
Acrylic -base, gloss water borne enamel,
interior /exterior, prepared steel, aluminum,
galvanized metal or primed wood, white and
5. 200 gal. tints. As per MPI Spec. 114,119 $64.75/5 gal. $2590.00
Brand Name DTM Acrylic Coating & #
B66111
information Only $12.95/1 gal.
Water modified enamel, gloss Floor and Trim,
interior /exterior, white and tints. As per MPI
- 6. 100 gal. Spec. 68 $20.99/1 gal. $2099.00
Brand Name P and P Enamel & #
A32E154
Information Only $20.99/1 gal.
TOTAL Lot #2 $15853.00 _
Page 14 of 25
Bid #3053DG — Paint and Painting Supplies
Lot # 3 - PAINT — EPDXY
. I
EST.
ITEM ANNUAL DESCRIPTION UNIT TOTAL
# QUANTITY PRICE PRICE
Water -base, two - component glaze, gloss and
semi - gloss, interior, white. and tints, Masonry
and other interior surfaces, Both components
7. 1000 gal. inclusive in total price. As per MPI Spec. 115 $74.50/5 gal. $14900.00
Brand Name Water Based Catalyzed Epoxy &
#B70W211 B60V15
Information Only $14.90/1 gal.
TOTAL Lot #3 $14900.00
Lot # 4 — PRIMER — SEALER
Acrylic -latex base, All in One exterior /interior,
flat, wood /metal /masonry primer, Alkali
Resistant. As per MPI Spec. 3, 6 39
8. 100 gal. Brand Name ProBlock Latex Primer & # $55.00/5 gal. $I 100.00
B51W20
Information Only $11.00/1 gal.
Solvent -base, alkyd and urethane, flat,
interior /exterior, rust inhibitive metal primer,
• red, grey and white, for prepared ferrous metal
9. 50 gal. surfaces. As per MP! Spec. 79 $50.00/5 gal. $500.00
Brand Name Kent Kromik Universal Metal Primer
& # B50N26 B50W21
Information Only $ 10.00/1 gal.
Exterior Sealer Acrylic water proof /clear /no •
sheen, Seal -Krete Original or equal. A s per
10. 500 gal. MPI Spec. 34 $42.5 gal. $4250.00
Brand Name Seal Krete & # 1511633
Information Only $8.25/1 gal.
TOTAL Lot #4 $5850.00
Lot #5 - CAULK — PATCHING MATERIAL
Caulk, cartridge, acrylic -latex base, siliconized, •
11. 200 each interior /exterior, white, 25 -year+ warranty.
Brand Name C -850 & # 1518273 $.94 /each $188.00
Spackling compound, all- purpose, lightweight, •
12.. 25 quarts white, interior /exterior.
Brand Name SW Shrink Free & # 510619 $2.79 /quart $69.75
TOTAL Lot #5 $257.75
•
I
Page 15 of 25
Bid #3053DG — Paint and Painting Supplies
EST.
'ITEM ANNUAL DESCRIPTION UNIT TOTAL
# QUANTITY PRICE PRICE
LOT #6 - BRUSHES — ROLLER COVERS
2 1/2" brush, angle, sash, XLGlide style,
nylon /polyester blend filament bristle, with
13. 40 each natural beavertail handle, square edge brushed
copper ferrule, 11/16" thickness, 2- 15/16"
$8.40/each $336.00
length out,
Brand Name XLGlide & # 8136863
3" brush, solid, round, tapered nylon /polyester
blend filament bristle, with natural beavertail
14. 60 each handle, square edge brushed copper ferrule,
XL -SWAN Style, 7/8" thickness, 3 -3/8" length $11.30 /each $678.00
out.
Brand Name XL -SWAN & # 8132334
3" brush, angle, sash, XL Glide style
nylon /polyester blend filament bristle, with
15. 60 each natural beavertail handle, square edge brushed
copper ferrule, 11X16" thickness, 2- 15/16" $10.15 /each $609.00
length out.
Brand Name XLGlide & # 8130320
4" brush, solid, round, tapered nylon /polyester
blend filament bristle, with natural beavertail
16. 20 each handle, square edge brushed copper ferrule,
XL -SWAN Style, 7/8" thickness, 3 -7/8" length $15.96 /each $319.20
out.
Brand Name XL -SWAN & # 8138349
3/8" x 4 " roller cover, mini -koter twin -pack,
white, shed resistant fabric blend for all oil -
17. 50 each based enamels, epoxies, latex and urethanes,
soft woven. $2.49 /each. $124.5
Brand Name Mini Fabric Rollers & #
1802503
3/8" x 6 '/% " roller cover, mini -koter twin -pack,
white , shed resistant fabric blend for all oil-
18. 100 each based enamels, epoxies, latex and urethanes
soft woven.
Brand Name Elite Mini Roller & # $3.74/each $374.00
1806868
%" x 9" roller cover, sheep skin, natural wool
shearling for all paints, latex, enamels and
19. 200 each varnishes with thick phenolic core.
Brand Name Slaw Skin Roller Cover & # $4.04 /each $808.00
1551464
Page 16 of 25
Bitl #3053DG — Paint and Painting Suppiles
EST.
ITEM ANNUAL DESCRIPTION UNIT TOTAL
# QUANTITY PRICE PRICE
1 -1/4" x 9" roller cover, sheep skin, natural wool
shearling for all paints, latex, enamels and
20. 50 each varnishes, with thick phenolic core.
Brand Name Sheep Skin Roller Covers & $7.14 /each $357.00
# 1551480
• TOTAL Lot #6 $1539.00
Lot #7 - MISCELLANEOUS
•
Paint bucket, metal, 5 quart, with handle, heavy
21. 20 each gauge: $1.98 /each . $39.60
Brand Name SW & it 1504240
Paint bucket, plastic, 5 quart, with handle
22. 100 each heavy gauge. $1.30 /each $130.00
Brand Name SW & # 1502384
Wire spreader screen, 5 gallon, high quality
23. 50 each expanded wire with reinforced edges on all $1.40 /each $70.00
sides, 11 -1/2" long x 10" wide, heavy gauge.
Brand Name Metal Grids & # 1801281
Roller frame, 9 ", easy off, sturdy nylon
endcaps, chrome plated 5/16" shank, plastic
24. 40 each threaded grip handle (Wooster style R017) or $1.99/each $79.6
equal
Brand Name Heavy Duty Pro Frame & #
1801497
Paint thinner, Petroleum solvent, 100% Mineral
25. 100 gal. spirits. $6.00 /gal $600.00
Brand Name Crown & # 4063087
Paint prep Liquid cleaner, no rinse
.26. 50 gal. Brand: Simple Green or equal $10.49 /gal $524.50
Brand Name KK Gloss Off & # 1606482
Pure denatured alcohol, oxygenated
27. 20 gal. hydrocarbon blend. $8.34/gal $166.80
Brand Name Crown & # 1189919
Discount offered for similar products List Price
28. All non bid Items minus 50% $-
TOTAL Lot #7 $1610.50
_____
Page 17 of 25 _._._._._._._._._._._._. _.___._._._._._..__.__.___ . .
Bid #3053DG —Paint and Painting Supplies
We have reviewed in its entirety this Invitation to Bid and agree to adhere to all of the terms and
conditions included herein and to make delivery within 2 days after receipt of orders or continuous
delivery as s specified.
Yes 4.1 ...: '•
Company: Sherwin- Williams
Mailing Address: 4677 LB McLeod Rd., Building A, Suite 100, Orlando, Florida 32811
Signature: Yii1^- -
Type name: Stephen Mailia Title: PC Sales Rep
Telephone #: 407.832.8503 Date: 8/11/09
Fax #: 407.650.5096 E -Mail:
swrep4095{Tsherwin.com
INFORMATION ITEMS ONLY -
Indicate additional percentage discount if estimated number of actual orders per item exceeds 10% of
the estimated quantities during each term of the agreement: 0%
The District utilizes a P -Card and in some cases would make purchases utilizing the P -Card. Indicate
if your firm has the capability of accepting the P -Card for purchases at no additional charge to the
District.
® Yes ❑ No
•
• Since the use of a P -Card provides earlier payment to the vendor indicate if your firm would negotiate
an additional discount to the District when a P -Card is used.
[I] Yes El No
You agree to sell to other governmental agencies under this bid award subject to the same terms and
conditions, including pricing.
® Yes ❑ No (This information will not affect the contract award).
•
•
I ,
Page 18 of 25
Bid #3053DG — Paint and Painting Supplies
i
ATTACHMENT2
REFERENCE FORM
(Duplicate as needed)
FOR: Sherwin Williams
Name of Reference: Brevard County Public Schools
Address: 6113 North Tropic Trail
City: Merritt Island State: Florida Zip: 32953
Contact Person: Walt Petters Phone: 321.633.1000
Private Sector: ❑ Yes ® No Public Sector: ® Yes ❑ No
School /University: ® Yes ❑ No Annual Dollar Volume: $100k+
If school /university, please identify:
Please state if services rendered by vendor were obtained by RFP, bid, contract, agreement, or other
(specify): El
Length of Account: Months 3 Years
State if bid, contract, agreement has been renewed: ® Yes ❑ No
If bid, contract, agreement has been renewed, state length of time: Months 1 Years
If bid, contract, agreement has not been renewed, state the reason for non - renewal:
THIS SPACE FOR LAKE COUNTY SCHOOL BOARD USE ONLY
Additional information provided by reference:
•
Page 19 of 25
Bid #3053DG —Paint and Painting Supplies
it
ATTACHMENT2
REFERENCE FORM
(Duplicate as needed)
FOR: Sherwin Williams
•
Name of Reference: Orange County Public Schools
Address: PO Box 4984
City: Orlando State: Florida Zip: 32802
Contact Person: Fabian Fonseca Phone: 407.948.1785
Private Sector: ❑ Yes ® No Public Sector: ® Yes ❑ No
School /University: ® Yes ❑ No Annual Dollar Volume: $100k+
If school /university, please identify:
Please state if services rendered by vendor were obtained by RFP, bid, contract, agreement, or other
(specify):
•
Length of Account: Months 6 Years
State if bid, contract, agreement has been renewed: ® Yes ❑ No
If bid, contract, agreement has been renewed, state length of time: Months 2 Years
If bid, contract, agreement has not been renewed, state the reason for non - renewal:
THIS SPACE FOR LAKE COUNTY SCHOOL BOARD USE ONLY
Additional information provided by reference:
•
i
i
Page 19 of 25
- Bid, #3053DG — Paint and Painting Supplies
•
ATTACHMENT 2
REFERENCE FORM
(Duplicate as needed)
• FOR: Sherwin Williams .
Name of Reference: Seminole County Public Schools
Address: 400 E. Lake Mary Boulevard
City: Sandford State: Florida Zip: 32773
Contact Person: Bill Velez Phone: 404.320.0237
Private Sector ❑ Yes ® No Public Sector: ® Yes Lf No
School /University: ® Yes ❑ No Annual Dollar Volume: $100k+
If school /university, please identify:
Please state if services rendered by vendor were obtained by RFP, bid, contract, agreement, or other
(specify): IA
Length of Account: Months 4 Years
State if bid, contract, agreement has been renewed: ® Yes ❑ No
If bid, contract, agreement has been renewed, state length of time: Months 2 Years
If bid, contract, agreement has not been renewed, state the reason for non - renewal:
•
THIS SPACE FOR LAKE COUNTY SCHOOL BOARD USE ONLY
Additional information provided by reference:
Page 19 of 25
• Bid #3053DG —Paint and Painting Supplies
ATTACHMENT3
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -- Lower Tior Covered Transactions
This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and Suspension,
34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.110.
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.
If It Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,
Including suspension and /or debarment. -
3. The prospective lower tier participant shell provide immediate written notice to the peson to which thia proposal b submitted if at any
time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," " person," "primary ,
covered transaction," " principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, a
shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
0. The prospective lower tier participant further agrees by submitting this proposal that It will include the clause titled °Certification •
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transactions, without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is
not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not
required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these Instructions, If a participant In a covered transaction knowingly enters Into
a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and /or debarment.
Certification
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
'(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
NAME OF APPLICANT PR/AWARD NUMBER AND /OR PROJECT NAME
-The Sherwin - Williams Co.
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Stephen Mallia, PC Sales Representative
SIGN U E IIAAee /�1� �-� DATE
• VI/l 1 • 8111109
ED 8 - 0014, /90 (Replaces GCS -009 (REV.12 /88), which is obsolete)
Pago 20 of 25
Bid #3053DG — Paint and Painting Supplies
II
•
ATTACHMENT4
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
.This form must be signed and sworn to in the presence of a notary public or other officer authorized to
administer oaths,
1. This sworn statement is submitted
to School Board of Lake County, Florida
by Stephen Mallia. PC Sales Representative
for The Sherwin- Williams Company
Whose business address is: 4677 L.B. McLeod Road, Bldq. A, Suite #100, Orlando - FL 32811
(If applicable) its Federal Employer Identification Number (FEIN) is: 34 - 052 - 6850
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement on the attached sheet.) Required as per IRS Form W -9.
• 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction
of business with any public entity or with an agency or political subdivision of any other state or with the
United States, including but not limited to, and bid or contract for goods or services to be provided to
any public entity or agency or political subdivision or any other state or of the Unites States, and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
•
misrepresentation.
' 3. I understate that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
• any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means:
•
A. A predecessor or successor of a person convicted of a public entity crime or;
B. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those offices,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of the affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not fair
market value under an arm's length agreement, shall be a facie case that one person controls
another person. A person who knowingly enters into a join venture with a person who has been
convicted of a public entity crime in Florida during the proceeding 36 months shall be considered an
affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of the entity.
6. Based on information and belief, the statement, which I have marked below, is true in relation to the
entity submitting those sworn statements. (P /ease indicate which statement applies.)
Page 21 of 25
Bid #3053DG — Paint and Painting Supplies
•
❑ Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity nor affiliate
of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.
❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, member, or agents who are active in management of the entity, br
an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to
• July 1, 1989.
. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
• partners, shareholders, employees, member, or agents who are active in management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of -
• Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. (Attach a copy of the final order) •
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUT i s, F•R ATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN
THIS FORM. ■
I 1S ` f �� re)
AL (D
(Ate)
. x
STATE OF ppM
L7
COUNTY OF AMGR
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(Name of individual signing)
who, after first being sworn by me, affixed his/her signature in the space provided
above on this 11 — day of , 2 OgdT.
I , •
• cn () st:(.:, BILLIE GAIL mow
(NOTARY PUBLIC) * , MYCDMMISSIONYDD
EXPIRES: July 15, 2012
My Commission Expires: - IC Z •• Bo ded7MU&dgtl No ary Stokes '
•
Page 22 of 25
Bid #3053DG —Paint and Painting Supplies
ATTACHMENTS
NON- COLLUSION AFFIDAVIT
State of Florida
County of Orange
Stephen Mallia being first duly sworn, deposes and says that:
(1) He /she is the Owner, Partner, Officer, Representative, or Agent
of the Proposer that has submitted the attached Proposal;
(2) He /she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent
circumstances respecting such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal; •
(4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties
in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly,
with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for
which the attached Proposal has been submitted; or to refrain from proposing in connection with such Work; or
have In any manner, directly or Indirectly, sought by agreement or collusion, or communication, or conference with
any Proposer, firm or person to fix any overhead, profit, or cost elements of the Proposal price or the Proposal
price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any
advantage against (Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents
representatives, owners, employees or parties in interest, including this affiant.
Signed, sealed, and delivered in the presence of: -
I BY ‘ kit
Stephen Mallia
PC Sales Representative
•
Page 24 of 25
Bid #3053DG — Paint and Painting Supplies