R09-145
II
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RESOLUTION NO. R09- I "If?
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE "PIGGY-BACK" OF A PALM
BEACH COUNTY SCHOOL BOARD RFP #09C-018K
WITH LUTZ PETROLEUM EQUIPMENT
INSTALLATIONS, INC., OF POMPANO BEACH,
FLORIDA, FOR LABOR, EQUIPMENT AND
MATERIALS FOR THE INSTALLATION AND
START UP OF A NEW ABOVE GROUND STORAGE
TANK SYSTEM AND REMOVAL OF THE
CURRENT UNDERGROUND STORAGE TANKS
FOR A TOTAL COST OF $446,722.50, WHICH
INCLUDES A FIVE (5%) CONTINGENCY;
AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City staff has confirmed that the County of Palm Beach has
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complied with Public Contract Bid requirements which equal or exceed the City of
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Boynton Beach's requirements; and
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WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back"
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a Palm Beach County School Board RFP #09C-018K and authorizes the Mayor and City
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Clerk to sign a Contract with Lutz Petroleum Equipment Installations, Inc., of Pompano
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Beach, Florida for labor, equipment and materials for the installation and start up of a new
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above ground storage tank system and then the removal of the current underground storage
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tanks for a total cost of $446,722.50, which includes a five (5%) contingency.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed
33 as being true and correct and are hereby made a specific part of this Resolution upon
S:\CA\RESO\Agrecments\Bid Awards\Piggy-Back PBCSB - Fuel Tank replace.doc
"
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adoption.
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Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
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approves the "piggy-back" of a Palm Beach County School Board RFP #09C-018K and
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authorizes the Mayor and City Clerk to sign a Contract with Lutz Petroleum Equipment
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Installations, Inc., for labor, equipment and materials for the installation and start up of a
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new above ground storage tank system and then the removal of the current underground
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storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency, a
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copy of the Agreement is attached hereto as Exhibit "A".
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Section 3. That this Resolution shall become effective immediately.
1-1'11
PASSED AND ADOPTED this lo day of October, 2009.
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CITY OF BOYNTON BEACH, FLORIDA
~""~.,._.,___d""'_:.. ./
'c.. ..i~
" ayor ~ erry lor
. t:~U ~
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Commissioner - Ronald Weilan
.,
commiss.!;>y,n,, -10 odri,guez
/~~" ~
Commissioner - Marlene Ross
ents\Bid Awards\Piggy-Back PBess - Fuel Tank replace,doc
Roq -1t..{5
CONTRACT FOR FUEL TANK REPLACEMENT PROJECT
This Agreement is made as of this ~ day of {lr,(,e."",,,,,....2009 by and between LUTZ
PETROLEUM EQUIPMENT INSTALLATIONS, INC., a Florida Corporation, with offices at
2300 N.W. 16th Street, Pompano Beach, Florida 33069 ("LUTZ"), and THE CITY OF
BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton
Beach Boulevard, Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS, pursuant to the Palm Beach County Petroleum Storage Systems Ordinance
which directly follow Chapter 62-76 I, Florida Administrative Code, an upgrade of underground
single wall petroleum storage tank systems with secondary containment tanks is required by
December 31, 2009; and
WHEREAS, LUTZ, submitted a proposal dated August 3 I, 2009 to the City to provide
labor, equipment and materials for the installation and start up of a new above ground storage
tank system and then the removal of the current underground storage tanks for a total cost of
$446,722.50, which includes a five (5%) contingency at prices based on Palm Beach County
School Board RFP #09C-018K; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
for other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section I. The foregoing recitals are true and correct and are hereby incorporated in
this Agreement.
Section 2. The City and LUTZ, agree that LUTZ shall provide labor, equipment and
materials for the installation and start up of a new above ground storage tank system and then the
removal of the current underground storage tanks for a total cost of $446,722.50, which includes
a five (5%) contingency at prices based on Palm Beach County School Board RFP #09C-018K, a
copy of which is attached hereto as Exhibit "A", except as hereinafter provided:
A. All references to the Palm Beach County School Board shall be deemed as
references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Page 1
S'\CA\AGMTS\Piggyback (PBCSB ~ Lut7 Fuel Tanks),doc
Copy: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The proposal from LUTZ dated August 31,2009, is attached hereto Exhibit "B".
Section 3. In the event that the Palm Beach County School Board Contract is
amended, or terminated, LUTZ shall notify the City within ten (10) days. In the event the Palm
Beach County School Board Contract is amended or terminated prior to its expiration, this
Contract shall remain in full force and effect, and not be deemed amended or terminated, until
specifically amended or terminated by the parties hereto.
Section 4. The LUTZ agrees that in the event it enters into a Contract for the same
(or substantially similar) scope of services with another local government in Florida which
contains a term or condition, including fees, charges or costs, which the City determines to be
more favorable than the terms in this Contract, the parties shall enter into an Addendum to
provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name
the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Palm Beach County
School Board Contract are hereby ratified and shall remain in full force and effect under this
Contract, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
TY OF BOYNTON BEACH, FLORIDA
ATTEST: ~ ~ -~/. .
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/ afar
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S'\CA\AGMTS\Piggyback (PBeSB - Lutz Fuel Tanks),doc
BY:
ATTEST:
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Page 3
S:\CA\AGMTS\Piggyback (PBess. Lutz Fuel Tanks).doc
EXHIBIT A
AGREEMENT BETWEEN PALM BEACH COUNTY SCHOOL BOARD
AND LUTZ TRAFFIC CONTROLS, INC.
Page 4
S:\CA\AGMTS\Piggyback (PBCSB. Lutz Fuel Tanks).doc
School District of Palm Beach County FI
Bid 09C-018K
Bid Oge-OlSK
Request for Proposal for Petroleum, Tanks and Environmental
Services
Bid Number
Bid Title
Bid Start Date
Bid End Date
09C-018K
Request for Proposal for Petroleum, Tanks and Environmental Services
Apr 24, 2009 3:22:10 PM EDT
May 22, 2009 2:00:00 PM EDT
Question & Answer
End Date May 13, 2009 5:00:00 PM EDT
Bid Contact
Contract Duration
Contract Renewal
Prices Good for
Bid Comments
May 22. 2009 2:13.02 PM EDT
Jan Butts
Purchasing Agent
Purchasing
561-434-8306
janet.butts@palmbeach.k12.fl.us
3 yea rs
One renewal for 2~year Period
See Term of Contract
'THIS IS A NO FEE RFP
The mileage radius selected is used only to help In establishing a mailing list for the
District, and Is by no means meant to discourage any bidders from bidding who may be
outside the selected mileage radius.
Added on Apr 30, 2009:
ADDENDUM 1:
This addendum modifies this RFP as follows:
Section 24.4 Now Reads:
The awarded proposers shall provide complete copies of any Insurance polley for
required coverage within seven days of the date of request by the Purchasing
Department but In any respect at least 30 days prior to the commencement of any term.
For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY
must be Included with the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Workers' Compensation and Employees' Liability Insurance with minimum
statutory limits.
B. COMMERCIAL GENERAL lIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Commercial General Liability Insurance. This policy shall
provide coverage for death, bodily injury, personal Injury, products and completed
operations liability and property damage that could arise directly or indirectly from the
performance of the contract. It must be an occurrence form polley. THE SCHOOL BOARD
OF PALM BEACH COUNTY 5HALL BE NAMED AS AN ADDITIONAL INSURED .ON THE
CERTIFICATE FOR COMMERCIAL GENERAL UABIUTY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single
Limit for 80dily Injury Liability and Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Business Automobile Liability Insurance. THE SCHOOL BOARD
OF PALM BEACH COUNTY SHALL 8E NAMED AS AN ADDITIONAL INSURED ON THE
p. 2
C-XH-ltS 1/ l'f} 'I
May 22. 2009 2:1302 PM EDT
School District of Palm Beach County FI
Bid 09C.-018K
CERTIFICATE FOR BUSINESS AUTOMOBrLE LIABrLrTY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" form pOlicy. The insurance must be an occurrence form policy.
In the event the awarded proposer does not own any vehicles, the District will accept
hired and non.owned coverage in the amounts listed above. In addition, the District will
require an affidavit signed by the awarded proposer indicating the following:
(Company Name) does not own any vehicles. In the event the
company acquires any vehicles throughout the term of the contract,
(Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition.
Section 24.4 Change to Read:
The awarded proposers shall provide complete copies of any insurance policy for
required coverage within seven days of the date of request by the Purchasing
Department but in any respect at least 30 days prior to the commencement of any term.
For all contracts with an amount of $500,000 or more the actual INSURANCE POUCY
must be included with the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Workers' Compensation and Employees' Liability Insurance with minimum
statutory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Commercial General Liability Insurance. This policy shall
provide coverage for death, bodily injury, personal injury, products and completed
operations liability and property damage that could arise directly or indirectly from the
performance of the contract. It must be an occurrence form policy. THE SCHOOL BOARD
OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single
Limit for Bodily Injury Liability and Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Business Automobile Liability Insurance. THE SCHOOL BOARD
OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDrTIONAL INSURED ON THE
CERTIFICATE FOR BUSrNESS AUTOMOBILE LIABILITY rNSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" form polley. The insurance must be an occurrence form policy.
In the event the awarded proposer does not own any vehicles, the District will accept
hired and non-owned coverage in the amounts listed above. In addition, the District will
require an affidavit signed by the awarded proposer indicating the following:
(Company Name) does not own any vehicles. In the event the
company acquires any vehicles throughout the term of the contract,
(Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition.
The awarded proposer must comply with the minimum provisions of Florida State
Statute 324 regarding Motor Vehicle Insurance Requirements.
D. The awarded proposer must have Contractors Pollution Liability Insurance with
minimum policy limits of $1,000,000. THrS SHOULD BE AN OCCURRENCE FORM POLICY
AND THE SCHOOL BOARD OF PALM BEACH COUNTY SHOULD BE NAMED AS AN
ADDrTIONAL INSURED.
Please acknowledge receipt of this addendum with your signature and return with your
RFP. Failure to return will result in rejection of your RFP.
Added on May 4, 2009:
ADDENDUM 2:
p.3
SChool District of Palm Beach County FI
Bid 0 9C-0 18K
This addendum modifies this RFP as follows:
ADD TO DESCRIPTION:
Upload your proposal using the Attachment option (Upload Attachment)
Please call BldSync support
1.800.990.9339 ext 1 for assistance.
Added on May 15, 2009:
ADDENDUM 3:
This addendum modifies this RFP as follows:
Now Reads:
Conditions and Specifications, Section 18.0
1B.O PAYMENT AND PERFORMANCE BOND:
18.1 The successful bidder shall furnish a surety bond as security for faithful
performance of the order(s) awarded as a result of this bid, and for the payment of all
persons performing labor, and on their furnishing materials in connection therewith.
Surety of such bond shall be in an amount equal to the bid. The Attorney-In-Fact who
signs the bond must file with the bond a certificate and effective dated copy of power of
attorney. Bonding company must appear on U.S. Treasury list. Performance and
payment bond must be forwarded to the Director of Purchasing within 15 days of
notification of award of this contract. If this bond is not received said bid will be subject
to cancellation.
18.2 To ensure maximum participation, all M/WBEs and small firms in accordance with
F.S. 255.05 will be allowed a bond waiver on construction projects up to $200,000.
Prequalifications for contractors on School District contracts and services will be
required at $200,000 instead of $50,000.
IS.3 F.S. 288.703 - "Small business" means an Independently owned and operated
business concern which employs 25 or fewer permanent full-time employees, and which
has a net worth of not more than $1 million, net worth requirement shall Include both
personal and business investments.
Change to Read:
Conditions and Specifications, Section 18.0
DELETE SECTION IB.O IN ITS ENTIRITY
Please acknowledge receipt of this addendum with your signature and return with your
RFP. Failure to return will result in rejection of your RFP. .
Changes made on Apr 30, 2009 10:55:20 AM EDT
New Documents RFP 09C-D18K Addendum 1.doc
Changes made on May 4,2009 10:21:53 AM EDT
Changes were made to the following items:
Changes made on May 15, 2009 3:22:28 PM EDT
New Documents RFP 0ge-DISK Addendum 3.doc
Item Response Form
May 22. 2009 2: 13'02 PM EDT
P 4
SchoOl District of Palm Beach County Fl
Bid 09C-018K
Item
09C-01BK-1-01 - .
Quantity 1 each
Prices are not requested for this item.
Delivery Location School District of Palm Beach County FI
Various Locations for the District
Palm Beach County School District
West Palm Beach FL 33406
Qty 1
Description
Added on May 4, 2009:
Upload your proposal using the Attachment option (Upload Attachment)
Please call BidSync support
1.800.990.9339 ext 1 for assistance.
Changes made on May 4, 2009 10:21:53 AM EDT
May 22.20092:13:02 PM EDT
P 5
School District of Palm Beach County Fl
Bid 09C-018K
SCHOOL DISTRleT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
REQUEST FOR PROPOSAL (RFP)
REQUIRED RESPONSE FORM
09C-018K
DATE: April 24, 2009
TITLE: RFP FOR PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES
This proposal must be submitted to BldSync for the School District of Palm Beach County,
Purchasing Department, no later than 2:00 PM on May 22, 2009. Proposals are due and will be opened
at this time.
Antl-Collusion Statement I Public Domain
I, the undersigned proposer have not divulged, discussed, or compared this proposal with any
other proposer and have not colluded with any other proposer in the preparation of this proposal
In order to gain an unfair advantage In the award of this proposal.
I acknowledge that all information contained herein is part of the publiC domain as defined In the
Public Records Act, Chapter 119, F.S.
Proposal Certification
I hereby certify that I am submitting the following Information as my company's proposal and understand that by
virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM, I further certify full,
complete and unconditional acceptance of the contents of this Request for Proposal, and all appendices and the
contents of any Addendum released hereto. Proposal must be signed by an officer or employee having authority
to legally bind the proposer.
PROPOSER (firm name):
STREET ADDRESS:
CITY & STATE:
r.
ELECTRONIC SIGNATURE OF AUTHORIZED
REPRESENTATIVE:
.~
TITLE: I
CONTACT PERSON:
CONTACT PERSON'S ADDRESS:
TELEPHONE:
DATE:
I
E-MAil ADDRESS: I
PROPOSER TAXPAYER IDENTIFICATION NUMBER:
FAX:
TOll
FREE:
INTERNET URl:
~
May 22. 2009 2:1302 PM EDT
P 6
School District of Palm Beach County Fl
Bid 09C-018K
mE SCHOOl DISTRICT
OF PALM 8EACH COUNTY, FLORIDA
Purchasing Department
3300 Forest Hill Boulevard, Suite A-323
West Palm Beach, FL 33400-5813
Phon.: (561) 43H216 Fax: (561) 963-3823
www.oalmbeach.k12 11 uslblds
SHARON SWAN
DIRECTOR
ARTHUR C. JOHNSON. Ph.D.
SUPERINTENDENT OF SCHOOLS
April 30, 2009
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ADDENDUM NO.: 1
REQUEST FOR PROPOSAL NO.: 09C-018K
TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES
RETURN DATE: MAY 22, 2009, 2:00 P.M. EST
This addendum modifies the above listed RFP as follows:
Section 24.4 Now Reads:
The awarded proposers shall provide complete copies of any insurance policy for required coverage
within seven days of the date of request by the Purchasing Department but in any respect at least 30
days prior to the commencement of any term. For all contracts with an amount of $500,000 or more
the actual INSURANCE POLICY must be included with the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Workers' Compensation and Employees' Liability Insurance with minimum
statutory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract. Commercial General Liability Insurance. This policy shall
provide coverage for death, bodily injury, personal injury, products and completed
operations liability and property damage that could arise directly or indirectly from the
performance of the contract. It must be an occurrence form policy. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL
INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY
INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single
Limit for Bodily Injury Liability and Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Business Automobile Liability Insurance. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL
INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY
INSURANCE.
May 22. 2009 2:13:02 PM EDT p.7
SchoOl District of Palm Beach County FI
Bid 09C.018K
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" form policy. The insurance must be an occurrence form policy.
In the event the awarded proposer does not own any vehicles, the District will accept
hired and non-owned coverage in the amounts listed above. In addition, the District will
require an affidavit signed by the awarded proposer indicating the following:
(Company Name) does not own any vehicles. In the event the
company acquires any vehicles throughout the term of the contract,
(Company Name) agrees to purchase "Any Auto" coverage as of the date of
acquisition.
Section 24,4 Change to Read:
The awarded proposers shall provide complete copies of any insurance policy for required coverage
within seven days of the date of request by the Purchasing Department but in any respect at least 30
days prior to the commencement of any term. For all contracts with an amount of $500,000 or more
the actual INSURANCE POLICY must be included with the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida
Statutes, Workers' Compensation and Employees' Liability Insurance with minimum
statutory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Commercial General Liability Insurance. This policy shall
provide coverage for death, bodily iniury, personal injury, products and completed
operations liability and property damage that could arise directly or indirectly from the
performance of the contract. It must be an occurrence form policy. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL
INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY
INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single
Limit for Bodily Injury Liability and Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain,
for the life of the contract, Business Automobile Liability Insurance. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL
INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY
INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" form policy. The insurance must be an occurrence form policy.
In the event the awarded proposer does not own any vehicles. the District will accept
hired and non-owned coverage in the amounts listed above. In addition. the District will
require an affidavit signed by the awarded proposer indicating the following:
(Company Name) does not own any vehicles. In the event the
company acquires any vehicles throughout the term of the contract,
(Company Name) agrees to purchase "Any Auto" coverage as of the date of
acquisition.
May 22. 2009 2:13:02 PM EDT
p. 8
School District of Palm Beach County FI
Bid 09C-018K
The awarded proposer must comply with the minimum provIsions of Florida State
Statute 324 regarding Motor Vehicle Insurance Requirements.
D. The awarded proposer must have Contractors Pollution Liability insurance with
minimum policy limits of $1,000,000. THIS SHOULD BE AN OCCURRENCE FORM
POLICY AND THE SCHOOL BOARD OF PALM BEACH COUNTY SHOULD BE
NAMED AS AN ADDITIONAL INSURED.
Please acknowledge receipt of this addendum with your signature and return with your RFP. Failure
to return will result in rejection of your RFP.
BIDDER: I
By:1
TITLE: I
__~~ .1
DATE: I
Jan Butts, Purchasing Agent
Genell McMann, Purchasing Manager
May 22. 2009 2:1302 PM EDT
P 9
School District of Palm Beach County FI
Bid 09C.018K
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
3300 Forest Hill Boulevard, Suite A-323
West Palm Beach, FL 33406-5813
(561) 434-8216 - Main Phone
(561)963-3823 - Fax
May 15,2009
ADDENDUM NO.: 3
REQUEST FOR PROPOSAL NO.: 09C-018K
TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES
RETURN DATE: MAY 22, 2009, 2:00 P.M. EST
This addendum modifies the above listed RFP as follows:
Now Reads:
Conditions and Specifications, Section 18.0
18.0 PAYMENT AND PERFORMANCE BOND:
18.1 The successful bidder shall furnish a surety bond as security for faithful performance of the order{s)
awarded as a result of this bid, and for the payment of all persons performing labor, and on their
furnishing materials in connection therewith. Surety of such bond shall be in an amount equal to the
bid. The Attorney-in-Fact who signs the bond must file with the bond a certificate and effective dated
copy of power of attorney. Bonding company must appear on U.S. Treasury list. Performance and
payment bond must be forwarded to the Director of Purchasing within 15 days of notification of award
of this contract. If this bond is not received said bid will be subject to cancellation.
18.2 To ensure maximum participation, all M1WBEs and small firms in accordance with F.S. 255.05 will be
allowed a bond waiver on construction projects up to $200,000. Prequalifications for contractors on
School District contracts and services will be required at $200,000 instead of $50,000.
18.3 F.S. 288.703 - "Small business" means an independently owned and operated business concern which
employs 25 or fewer permanent full-time employees, and which has a net worth of not more than $1
million, net worth requirement shall include both personal and business investments.
-
ChanCle to Read:
Conditions and Specifications, Section 18.0
DELETE SECTION 18.0 IN ITS ENTIRITY
Please acknowledge receipt of this addendum with your signature and return with your RFP. Failure
to return will result in rejection of your RFP.
By virtue of signing the Request for Proposal, bidder agrees to this addendum.
BIDDER: I
May 22.20092:13:02 PM EDT
p.10
School District of Palm Beach County Fl
BY: I
TITLE: I
DATE: I
May 22. 2009 2:13:02 PM EDT
B;d 09C:018K
Jan Butts, Purchasing Agent
Genell McMann, Purchasing Director
p.11
SchoOl DiStrict of Palm Beach County FI
Bid 09C.018K
SCHOOL BOARD OF PALM BEACH COUNTY
REQUEST FOR PROPOSAL 09C-018K
FOR
PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES
1.0 INTRODUCTION
1.1 This is a Request for Proposal (RFP) for Petroleum, Tanks and Environmental Services to The
School Board of Palm Beach County, Florida (the Board), the governing body for the School
District of Palm Beach County, Florida (the District). These services will include, but not be
limited to, storage tank removal, replacement, installation, fuel deliveries and transfers, waste
disposal, hydraulic lifts, boiler systems, etc.
1.2 All terms and conditions of this RFP, any addenda, proposer's submissions and negotiated
terms, are incorporated into the contract by reference, as set forth herein.
1.3 Document files may be examined, during normal working hours, ten days after proposals have
been opened.
2.0 INSTRUCTIONS TO PROPOSER
2.1 All proposals must be received no later than 2:00 PM, on May 22, 2009. Proposals must be
transmitted electronically to BidSync at www.bidsvnc.com .
2.2 BidSync will not allow Proposals to be submitted after the closing date and time. Hard copy
proposals will not be accepted.
2.3 All proposals must be signed electronically by an officer or employee having authority to legally
bind the Proposer(s}.
2.4 Proposer should become familiar with any local conditions which may, in any manner, affect the
services required. The proposer(s) islare required to carefully examine the RFP terms and
become thoroughly familiar with any and all conditions and requirements that may in any
manner affect the work to be performed under the contract. No additional allowance will be
made due to lack of knowledge of these conditions.
2.5 Proposals not conforming to the instructions provided herein will be subject to disqualification at
the sole option of the Board.
2.6 Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal
not withdrawn will constitute an irrevocable offer, for a period of 120 days, to provide the District
with the services speCified in the proposal.
3.0 TIME SCHEDULE
3.1 The District will attempt to use the following time schedule which will result in selection of a
proposer(s}.
May 6, 2009
May 13, 2009
May 22, 2009
Pre proposal Conference (attendance is strongly encouraged)
Deadline for submission of question on Bidsync at 5:00 PM.
Proposals due no later than 2:00 PM EST.
May 22. 2009 2:1302 PM EDT
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School District of Palm Beach County FI
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June 3, 2009
June 5, 2009
July 15, 2009
'Evaluation Committee Meeting
Posting of Recommendation.
, Recommend proposer(s) to The School Board of Palm Beach
County for approval.
, This is an open, public meeting.
3.2 Notification of any changes to the time schedule will be made to proposers through BidSync.
3.3 Response to inquiries regarding the status of a proposal must not be made prior to the posting
of award recommendation.
4.0 AWARD
4.1 The Board reserves the right to accept or reject any Dr all proposals.
4.2 The Board, through is designee(s), reserves the right to waive any irregularities and
technicalities and may, at its sole discretion, request a clarification or other information to
evaluate any or all proposals.
4.3 The Board, through is designee(s), reserves the right, before awarding the contract, to require
proposer(s) to submit evidence of qualifications or any other information the Board may deem
necessary .
4.4 The Board, through its designee(s), reserves the right, prior to the Board's approval, to cancel
the RFP or portions thereof, without penalty.
4.5 The Board, through its designee(s), reserves the right to: (1) accept the proposals of any or all
of the items it deems, at its sole discretion, to be in the best interest of the District; and (2) reject
any and/or all items proposed or award to multiple proposers.
4.6 The proposal with the highest number of points will be ranked first; however, nothing herein will
prevent the Board from making multiple awards and deeming all proposals responsive, and
assigning work to any firm deemed responsive.
4.7 The Board, through its designee(s), reserves the right to further negotiate any proposal.
including price, with the highest rated proposer. If an agreement cannot be reached with the
highest rated proposer, the District reserves the right to negotiate and recommend award to the
next highest rated proposer or subsequent proposers until an agreement is reached.
5.0 TERM OF CONTRACT / RENEWAL
5.1 The term of the contract shall be for three years from the date of award. and may, by mutual
agreement between the Board and the contract awarded proposer(s), be renewable for one
additional two-year period the Board, through the Purchasing Department, will, if considering
renewing, request a letter of intent to renew from the contract awarded proposer(s) prior to the
end of the current contract period. If needed, the contract will be extended 90 days beyond the
contract expiration date. The contract awarded proposer(s) will be notified when the Board has
acted upon the recommendation. All prices shall be firm for the term of this contract. The
contract awarded proposer(s) agrees to this condition by signing its proposal.
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6.0 RFP INQUIRIES
6.1 Any questions concerning conditions and specifications must be submitted on BidSync no later
than 5:00 p.m. EST, May 13, 2009. Questions received in writinQ bv the time and date
sDecified will be answered on BidSvnc. Jan Butts is authorized only to direct the attention of
prospective proposers to various portions of the RFP so that they may read and interpret such
for themselves. Neither Jan Butts nor any employee of the District is authorized to interpret any
portion of this RFP or give information as to the requirements of the RFP in addition to that
contained in the written documents.
6.2 If necessary, an addendum will be distributed by BidSync to all who are known by the
Purchasing Department to have received a complete set of proposal documents.
6.3 Copies of addendum will be made available for inspection at the District's Purchasing
Department where proposal documents will be kept on file.
6.4 No addendum will be issued later than three calendar days prior to the date for receipt of
proposals except an addendum withdrawing the request for proposals or one which includes
postponement of the date for receipt of proposals.
6.5 No verbal or written information which is obtained other than by information in this RFP, or by
addendum to this RFP, or by negotiated terms will be binding on the Board.
7.0 BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT
7.1 The Board is requesting this affidavit to include a list of every "person" (as defined in Section
1.01(3), Florida Statutes, to include individuals, children, firms, associates, joint adventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other
groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity.
The affidavit must be returned to the Purchasing Department with the RFP or within three days
of request. To submit this document, you must print, complete, notarized and re-uploaded ij to
BidSync. This form is located at the end of this document.
8.0 LOBBYING
8.1 Proposers are hereby advised that lobbying is not permitted with any District personnel or
Board members related to or involved with this RFP until the administration's recommendation
for award has been posted at the Purchasing Department reception center. All oral or written
inquiries must be directed through the Purchasing Department.
8.2 Lobbying is defined as any action taken by an individual, firm, association, joint venture,
partnership, syndicate, corporation, and all other groups who seek to influence the
governmental decision of a Board member or District personnel after advertisement of the RFP
and prior to the posted recommendation on the award of the contract.
8.3 Any proposer who is adversely affected by the recommended award may file a protest within
the time prescribed in section 120.57(3), Florida statutes. Failure to post bond with the Board or
to adhere strictly to the requirements of statutes and State Board of Education rules pertaining
to protests will result in summary dismissal by the Purchasing Department. Additionally, any
proposer who is adversely affected by the recommended award may address the Board at a
regularly scheduled Board meeting.
8.4 Any proposer or any individuals that lobby on behalf of proposer during the time specified will
result in rejection I disqualification of said proposal.
May 22. 2009 2:13:02 PM EOT
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SChool District of Palm Beach County Fl
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9.0 PRE-PROPOSAL CONFERENCE
9.1 A pre-proposal conference will be held at the School District of Palm Beach County, 3300
Forest Hill Boulevard, West Palm Beach, Florida, Conference Room Thurber C, First Floor, on
May 6, 2009 at 2:00 p.m. All prospective proposers should attend said pre-proposal
conference.
9.2 Bring all pre-prepared questions in writing. Compose your questions on paper, ask your
questions at the pre-proposal conference and give the facilitator the written copy of your
questions. Please write each question that you will ask on a separate piece of paper showing
the RFP page number to which the question refers. After you ask your questions, the pre-
proposal conference facilitator will collect your written copy of the questions asked. Submitting
your questions in writing will assist in the preparation of an addendum, if needed, and will
eliminate any confusion in understanding your questions.
10.0 SCOPE OF SERVICES
10.1 This is a Request for Proposal (RFP) for Petroleum, Tanks and Environmental Services to the
School District of Palm Beach County, Florida (the District). These services will include, but not
be limited to, storage tank removal, replacement, installation, fuel deliveries and transfers,
waste disposal, hydraulic systems, boiler systems, etc.
11.0 EVALUATION COMMITTEE MEETINGS
11.1 As stated in Section 3.1 and Section 14.0 the Evaluation Committee will be convened to review
and evaluate responsive proposals, for the purposes of making a decision as to an intended
award. Per section 286.011, Florida Statutes, the Evaluation Committee meeting is open to the
public. Notification of the Evaluation Committee's decision will also be posted for review by
interested parties at the School District Purchasing Department, 3300 Forest Hill Boulevard,
Suite A-323, West Palm Beach, FL 33406.
12.0 PREPARATION AND SUBMISSION
12.1 Please note that BidSync will not allow a proposal to be submitted until all attachments have
been reviewed (some requiring completion) on BidSync.com.
12.2 In order to maintain comparability and enhance the review process, it is requested that
proposals be organized in the manner specified below. Please upload your proposal in one
Document. Include all responses to the questions in your information. It is required that vour
information be uDloaded to BidSvnc. Please contact BidSync at 800-990-9339 if you
require assistance with document upload.
12.3 Title Paoe: Show the date; RFP number; RFP subject; and proposer's name, address,
telephone number and email address.
12.4 Table of Contents: Include a clear identification of the material by section and by page number.
12.5 Letter of Transmittal: Give the names of the persons who will be authorized to make
representations for the proposer and their titles, addresses, and telephone numbers.
12.6 Request for Proposal: Complete the Required Response Form (page 1 of RFP) with all required
information completed and all signatures as specified.
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School District of Palm Beach County Ft
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12.7 EXDerience and Qualifications of the Firm: The firm must hold and must provide with this
response a copy of current Pollutant Storage Specialty Contractor license from the Florida
Department of Professional Regulation. State the experience your firm has had in the last three
years specifically in petroleum related services.
12.8 Qualifications of Staff: Give the names of individuals who will be assigned to the contract, if
awarded to proposer, and include their resumes and expand on their experience in the area
they will be serving.
12.9 Firm's Location and Response Time: Geographical location of the firm and field staff will be
considered as to how it related to response time.
12.10 Capabilities of Firm: The District is interested in contracting with firms capable of providing all
petroleum related services that may be required. These services will include storage tan k
removal, replacement, installation, fuel deliveries and transfers, disposal, and other related
duties. This will be considered during the evaluation process.
12.11 Qualitv of Site Safetv Plan: All proposals shall include a written site safety plan which may be
generic in nature.
12.12 Cost of Services: The fees listed in this proposal document shall remain fixed for the term of
the contract.
12.13 MinoritvlWomen Business ParticiDation: Proposers are to indicate the extent and nature of the
MIWBE's scope of work with specificity as it relates to the services described in the RFP.
Proposers shall provide certification with the District, or the State of Florida, Office of Supplier
Diversity, or its successors. Proposers that are District, or State of Florida Office of Supplier
Diversity, or it successors certified minority or women business enterprises, at the time of
submittal, will be awarded a maximum of ten points. Maximum points will be awarded for 15%
or greater minority participation. Points will be pro-rated for less than 15% minority
participation. Proposers that do not meet the above requirement may sub-contract minority
business participation in accordance with Section 33.0 and receive participation points
Points for utilization of certified MIWBE subcontractors shall be assigned as follows:
15% and over 10 points
9% - 14% 8 points
4% 8% 6 points
1% - 3% 4 points
0% 0 points
12.14 Insurance: Provide proof of contract awarded proposer(s) insurance as required in Section
24.0 of this RFP Dr submit a letter of contract awarded proposer(s} intention to have the
required insurance within ten days of notification by the District.
13.0 PROPOSAL EVALUATION PROCESS:
13.1 RFPs are received and publicly opened. Only names of responders will be read at this time.
13.2 An Evaluation Committee, consisting of District personnel, will convene, review and discuss all
proposals submitted. Purchasing personnel will participate in an advisory capacity only.
May 22.20092,13,02 PM EDT
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13.3 The Evaluation Committee will assign points in the evaluation and recommendation process in
accordance with the evaluation criteria listed in Evaluation Criteria, Section 14.0, and rank all
proposals accordingly.
13.4 The Evaluation Committee reserves the right to interview any personnel who may administer
and be assigned to work on the contract before recommendation of award. This interview is to
be based upon the written proposal received.
13.5 The Evaluation Committee Dr its designees reserve the right to negotiate further terms and
conditions, including price with the highest ranked proposer. If a mutually beneficial agreement
with the first ranked proposer or all proposers being considered for award cannot be resolved,
the Evaluation Committee reserves the right to enter into negotiations with the next highest
ranked proposer and continue this process until an agreement is reached with the number of
programs required to meet the needs of the District.
13.6 The results of the Evaluation Committee's evaluation and ranking is reviewed and approved by
the Department Director and the Purchasing Director prior to posting the recommendation.
13.7 The Purchasing Department will prepare and submit an agenda item to the District's
Superintendent of Schools.
13.8 The Superintendent will recommend to the Board. the award or rejection of any and/or all
proposal(s).
13.9 The Board will award or reject any or all proposal(s).
14.0 EVALUATION CRITERIA
The Evaluation Committee shall rank all proposals received, which meet the submittal
requirements, in order to establish a pool of qualified vendors. At a minimum, three (3) proposals
receiving top scores by the Evaluation Committee will be recommended for award.
MAXIMUM POINTS
A. Experience and Qualifications of the Firm
15
B. Qualifications of Proposer's Staff
10
C. Firm's Location and Response Time
10
D. CaDabilities
25
E. Quality of Site Safety Plan
5
F. Cost of Services
25
G. MinoritylWomen Business Participation
10
Total
100
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Bid 09C-018K
15.0 CANCELLATION OF AWARDITERMINATION
15.1 In the event any of the provisions of the contract are violated by the awarded vendor, the
Superintendent or his designee will give written notice to the vendor(s) stating the deficiencies,
and unless the deficiencies are corrected within ten (10) days, recommendation will be made to
the Board for immediate cancellation. Upon cancellation hereunder, the Board may pursue any
and all legal remedies as provided herein and by law. In the event that it is subsequently
determined that a cancellation under this paragraph was incorrect, the termination shall be
converted to a termination for convenience pursuant to the next paragraph.
15.2 The Board, reserves the right to terminate any contract resulting from this RFP, at any time and
for no reason, upon giving 30 days prior written notice to the other party. If said contract should
be terminated for convenience as provided herein, the Board will be relieved of all obligations
under said contract. The District will only be required to pay to the awarded vendor(s) that
amount of the contract actually performed to the date of termination.
15.3 The contract awarded responder(s) will have the option to terminate the contract upon written
notice to the Director of Purchasing. Such notice must be received at least 90 days prior to the
effective date of termination.
15.4 Cancellation of contract by contract awarded responder(s) may result in removal from proposer
list for a period of three years.
16.0 FUNDING OUT, TERMINATION. CANCELLATION
16.1 Florida School Laws prohibit the Board from creating obligations on anticipation of budgeted
revenues from one fiscal year to another without year-to-year extension provisions in the
contracts.
16.2 It is necessary that fiscal funding out provisions be included in all RFPs in which the terms are
for periods of longer than one year.
16.3 Therefore, the following funding out provisions are an integral part of this RFP and must be
agreed to by all proposers:
The Board may, during the contract period, terminate or discontinue the services covered in this
RFP for lack of appropriated funds upon the same terms and conditions as set forth in Section
15.0, Cancellation of AwardlTerminatiDn.
Such prior written notice will state:
a. That the lack of appropriated funds is the reason for termination,
b. That the School Board will not replace the services being terminated with services similar
to those covered in this RFP from another vendor in the succeeding funding period, and
c. This written notification will thereafter release The School Board of Palm Beach County,
Florida of all further obligations in any way related to such services and equipment covered
herein.
16.4 This completed statement must be included as part of any contract with the successful
proposer. No contract will be considered that does not include this provision for "funding out".
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School District of Palm Beach County Fl
B,d 09C-018K
17.0 DEFAULT
17.1 In the event that the awarded proposer(s) should breach the contract, the Board reserves the
right to seek remedies in law and/or in equity.
18.0 PAYMENT AND PERFORMANCE BOND:
18.1 The successful bidder shall furnish a surety bond as security for faithful performance of the
order(s) awarded as a result of this bid, and for the payment of all persons performing labor,
and on their furnishing materials in connection therewith. Surety of such bond shall be in an
amount equal to the bid. The Attorney-in-Fact who signs the bond must file with the bond a
certificate and effective dated copy of power of attorney. Bonding company must appear on
U.S. Treasury list. Performance and payment bond must be forwarded to the Director of
Purchasing within 15 days of notification of award of this contract. If this bond is not received
said bid will be subject to cancellation.
18.2 To ensure maximum participation, all MIWBEs and small firms in accordance with F.S. 255.05
will be allowed a bond waiver on construction projects up to $200,000. Prequalifications for
contractors on School District contracts and services will be required at $200,000 instead of
$50,000.
18.3 F.S. 288.703 - "Small business" means an independently owned and operated business
concern which employs 25 or fewer permanent full-time employees, and which has a net worth
of not more than $1 million, net worth requirement shall include both personal and business
investments.
19.0 DEBARMENT
19.1 The Board shall have the authority to debar a person / corporation for cause for consideration
or award of future contracts. The debarment shall be for a period commensurate with the
seriousness of the causes, generally not to exceed three (3) years. When the offense is willful
or blatant, a longer term of debarment may be imposed, up to an indefinite period.
20.0 ANTI-DISCRIMINATION
20.1 The Proposer certifies that they are in compliance with the non-discrimination clause contained
in Section 202, Executive Order 11246, as amended by Executive Order 11375 relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national
origin. The provisions of the ADA Act of 1990 pertaining to employment shall also be applicable.
May 22. 2009 213:02 PM EDT
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20.2 The Proposer shall not discriminate on the basis of race, gender, religion, national origin,
ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of
sub-contractors, vendors, suppliers, Dr commercial customers. The Proposer shall provide
equal opportunity for sub-contractors to participate in all of its public sector and private secto r
sub-contracting opportunities, provided that nothing contained in this clause shall prohibit or
limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has
occurred or is occurring in the marketplace, such as those specified in the Palm Beach County
School Board Policy 6.143. The Proposer understands and agrees that violation of this clause
is a material breach of the contract and may result in contract determination, debarment, or
other sanctions.
21.0 LEGAL REQUIREMENTS
21.1 It shall be the responsibility of the proposer to be knowledgeable of all federal, state, county and
local laws, ordinances, rules and regulations and Board Policies that in any manner affect the
items covered herein. Specifically, proposer(s) is to adhere to Board policies 3.12 and 3.13,
with respect to any criminal arrests and convictions, and is on notice that any employees failing
the employee screening under Chapter 435, Florida Statutes, are precluded from providing
services to the District and must be replaced. The proposer's failure to comply may result in the
immediate termination of the contract at the sole discretion of the Board. Lack of knowledge by
the proposer(s) will in no way constitute cause for relief from responsibility.
22.0 FEDERAL AND STATE TAX
22.1 The District is exempt from federal and state taxes for tangible personal property. The
Purchasing Department Coordinator will sign an exemption certificate submitted by the
successful proposer(s). Proposer(s) doing business with the District will not be exempted from
paying sales tax to their suppliers for materials to fulfill contractual obligations with the District,
nor will any proposer be authorized to use the District's Tax Exemption Number in securing
such materials.
23.0 CONFLICT OF INTEREST
23.1 All proposers must disclose the name of any officer, director, or agent who is also an employee
of the District. All proposers must disclose the name of any District employee who owns,
directly or indirectly, any interest in the proposers' business or any of its branches.
24.0 INSURANCE REQUIREMENTS
24.1 Proof of insurance must be furnished by the awarded proposers to the District by Certificate of
Insurance. All insurance must be issued by a company or companies approved by the Board.
24.2 Original Certificates of Insurance meeting the specific required provision specified within this
RFP shall be forwarded to the District's Purchasing Department, ATTN: Jan Butts, Purchasing
Agent, and approved prior to the start of any work or the possession of any school property.
Renewal certificates must be forwarded to the same department prior to the policy renewal
date.
24.3 Thirty days written notice must be provided to the District via certified mail in the event of
cancellation of insurance. The notice of cancellation must be sent to the Purchasing
Department.
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School District of Palm Beach County Fl
Bid 09C-018K
24.4 The awarded proposers shall provide complete copies of any insurance policy for required
coverage within seven days of the date of request by the Purchasing Department but in any
respect at least 30 days prior to the commencement of any term. For all contracts with an
amount of $500,000 or more the actual INSURANCE POLICY must be included with the
Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes,
Workers' Compensation and Employees' Liability Insurance with minimum statutory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain, for
the life of the contract, Commercial General Liability Insurance. This policy shall provide
coverage for death, bodily injury, personal injury, products and completed operations liability
and property damage that could arise directly or indirectly from the performance of the
contract. It must be an occurrence form policy. THE SCHOOL BOARD OF PALM BEACH
COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR
COMMERCIAL GENERAL LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single Limit
for Bodily Injury Liability and Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain, for
the life of the contract, Business Automobile Liability Insurance. THE SCHOOL BOARD OF
PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limit
for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto"
form policy. The insurance must be an occurrence form policy.
In the event the awarded proposer does not own any vehicles, the District will accept hired
and non-owned coverage in the amounts listed above. In addition, the District will require an
affidavit signed by the awarded proposer indicating the following:
(Company Name) does not own any vehicles. In the event the
company acquires any vehicles throughout the term of the contract,
(Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition.
25.0 INDEMNIFICATION I HOLD HARMLESS AGREEMENT
25.1 Awarded proposers shall, in addition to any other obligation to indemnify The School Board of
Palm Beach County, Florida and to the fullest extent permitted by law, protect, defend,
indemnify and hold harmless the School Board, its agents, officers, elected officials and
employees from and against all claims, actions, liabilities, losses (including economic losses),
costs arising out of any actual or alleged;
A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use reSUlting therefrom. or any other damage or loss arising out of, or
claimed to have resulted in whole or in part from any actual or alleged act or omission of the
awarded proposer, Contractor, subcontractor, anyone directly or indirectly employed by any of
them, of anyone for whose acts any of them may be liable in the performance of the work; or
May 22. 2009 2;13;02 PM EDT
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B. violation of law, statute, ordinance, governmental administration order, rule or regulation by
Contractor in the performance of the work; or
C. liens, claims Dr actions made by the awarded proposer or any subcontractor or other party
performing the work.
25.2 The indemnification obligations hereunder shall not be limited to any limitation on the amount,
type of damages, compensation or benefits payable by or for the awarded proposer of any
subcontractor under workers' compensation acts; disability benefit acts, other employee benefit
acts or any statutory bar.
25.3 This article will survive the termination of the contract.
26.0 PUBLIC RECORDS LAW
26.1 All proposal documents or other materials submitted by the proposer in response to this RFP
will be open for inspection by any person in accord with Chapter 119, Florida Statutes. The
Board may unilaterally cancel the contract for refusal by contract awarded proposer(s) to allow
public access to all documents, paper, letters, or other material made or received by the
contract awarded proposer in conjunction with the contract to the extent required by Chapter
119, Florida Statutes. The Board may terminate any contract with a responder if the responder
refuses to allow public access to documents made or received from the Board unless such
documents are exempt from Public Record Disclosure.
27.0 PERMITS AND LICENSES
27.1 The awarded proposer(s) will be responsible for obtaining any necessary permits and licenses
and will comply with laws, rules, and regulations whether state or federal and with all local
codes and ordinances without additional cost to the Board.
28.0 INTELLECTUAL PROPERTY RIGHTS
28.1 The awarded propDser(s) will indemnify and hold harmless, the Board from liability of any
nature or kind, including costs and expenses for or on account of any copyrighted, service
marked, trademarked, patented or un-patented invention, process, article Dr work manufactured
or used in the performance of the contract, including its use by the District. If the proposer(s)
uses any design, device, materials or works covered by letters, service mark, trademark,
patent, copyright or any other intellectual property right, it is mutually agreed and understood
without exception that the proposal prices will include all royalties of costs arising from the use
of such design, device, or materials in any way involved in the work.
This article will survive the termination of any contract with the Board.
29.0 COST INCURRED IN RESPONDING
29.1 All costs directly or indirectly related to proposal preparation, representation or clarification shall
be the sole responsibility of and be borne by the proposer.
30.0 SUB-CONTRACTS
30.1 Nothing contained in this specification will be construed as establishing any contractual
relationship between any subcontractor(s) and the Board.
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30.2 The proposer(s) will be fully responsible to the Board for the acts and omissions of the
subcontractor(s) and their employees.
30.3 After award of contract, any changes in subcontractor or sub-proposers requires prior Board
written approval.
31.0 INDULGENCE
31.1 Indulgence by the Board on any non-compliance by the proposer does not constitute a waiver
of any rights under this RFP.
32.0 JOINT PROPOSAL
32.1 In the event multiple proposers submit a joint proposal in response to the RFP, a single
proposer shall be identified as the Prime Vendor. If offering a joint proposal, Prime Vendor
must include the name and address of all parties of the joint proposal. Prime Vendor shall
provide all bonding and insurance requirements, execute any contract, complete the
REQUIRED RESPONSE FORM shown herein, and have overall and complete accountability to
resolve any dispute arising out of the contract. Only a single contract with one proposer shall be
acceptable. Prime Vendor responsibilities shall include, but not be limited to, performing of
. overall contract administration, preside over other proposers participating or present at District
meetings. oversee preparation of reports and presentations, and filing any notice of protest and
final protest as described herein. Prime Vendor shall also prepare and present a consolidated
invDice(s) for services performed. The District shall issue only one check for each consolidated
invoice to the Prime Vendor for services performed. Prime Vendor shall remain responsible for
performing services associated with response to this RFP.
33.0 SUB-CONTRACTING/MINORITY BUSINESS PARTICIPATION
33.1 The Board strongly encourages the use of Minority/Woman owned business enterprises for
participation as associates, joint-venturers, prime proposers, and subcontractor in contracting
opportunities.
33.2 In order to receive evaluation credit for M/WBE participants, the proposer or firm(s) to be
utilized by the proposer must be certified by the District or the State of Florida at the time that
the proposals are due. In order to receive evaluation credit for M/WBE participation, the
proposal must identify the specific certified M/WBE firm or firms upon which evaluation credit is
sought, shall indicate the extent and nature of the M/WBE's work, and shall include the
percentage of the total engagement which will be received by the M/WBE firm in connection
with the proposal. M/WBE participation in auxiliary services (e.g., graphics, printing and other
services) is acceptable but will only be given evaluation credit if it augments the primary service
of this RFP. ALL PROPOSERS MUST COMPLETE THE M/WBE SUBCONTRACTOR
PARTICIPATION LETTER OF INTENT (FORM 1525). See Attachment.
33.3 Inquiries regarding listings of District and State Certified Minority and Woman Business
Enterprises can be made to the District's Office of Diversity in Business Practices, 3300 Forest
Hill Boulevard, Suite A-106, West Palm Beach, FL 33406, (561) 434-8508 or on our web site at
httD:/Iwww.Dalmbeach.k12.fl.us/mwbe. All companies using minority or woman sub-proposers
will complete the M/WBE SUBCONTRACTOR PARTICIPATION SUMMARY (FORM 1526) -
See Attachment. This form must be submitted with all requests for payment.
May 22. 2009 2: 13:02 PM EDT
P 23
School District 01 Palm Beach County FI
Bid 09C.018K
33.4 Minority Business Enterprise (MBE) indicates a business entity which is owned and operated by
a minority. In this instance, minority or handicapped group members are citizens of the United
States or lawfully admitted permanent residents who are African American, Hispanics, Women,
Native Americans, Asian-Pacific, Asian-Indian, and eligible others as outlined in Administrative
Order 1-18.
33.5 The Board only recognizes as acceptable for certification as minority/woman business
enterprises those firms, vendors, and consultants that have successfully completed the
certification requirements of the State of Florida Office of Supplier Diversity or the School
District of Palm Beach County Office of Diversity in Business Practices. Any pending
application with the District or the State of Florida Office of Supplier Diversity shall not be
considered as certification of the vendor making application for consideration as an MIWBE
firm.
33.6 The District does not currently by implication or direct means have reciprocity with any
governmental or non-governmental entity, with the exception of the State of Florida Office of
Supplier Diversity for the purpose of sharing and/or acceptance of MIWBE vendors and/or
consultants.
33.7 The requirements to qualify for the MIWBE are to be certified either by the State of Florida or
the District. The District does not recognize any other certifications. If you have graduated
from the certification of the District, it negates State Certification. Graduation (as described in
Board Policy 6.143) from the District MIWBE Certification Program shall void certification by the
State of Florida.
For District certification go to httD://www.Dalmbeach.k12.fl.us/MWBE website and complete the
MIWBE certification application.
34.0 CONTRACTOR RFP REQUIREMENTS
34.1 As part of its proposal, proposer shall provide to the District a list of all instances within the past
ten years where a complaint was filed or pending against proposer in a legal or administrative
proceeding alleging that proposer discriminated on the basis of race, gender, religion, national
origin, ethnicity, sexual orientation, age, or disability against its subcontractors, vendors, suppliers,
or commercial customers, and a description of the status or resolution of each such complaint,
including any remedial action taken.
35.0 CONTRACT DISCLOSURE
35.1 Upon the District's request, and upon the filing of a complaint against proposer pursuant to School
Board Policy 6.144, proposer agrees to provide the District, within sixty calendar days, a truthful
and complete list of the names of all subcontractors, vendors, and suppliers that proposer has
used in the past five years on any of its contracts that were undertaken within the District relevant
geographic market as defined School Board Policy 6.143, including the total dollar amount paid by
proposer for each subcontract or supply contract. Proposer agrees to fully cooperate in any
investigation conducted by the District pursuant to this Policy. Proposer understands and agrees
that a violation of this clause is a material breach of the contract and may result in contract
termination, debarment, and other sanctions.
36.0 THE JESSICA LUNSFORD ACT
36.1 All contractors who are permitted access on school grounds when students are present,
individuals who may have direct contact with children or any student of the District, or who may
have access to or control of school funds must be fingerprinted and background checked.
May 22. 2009 2:13:02 PM EDT
p. 24
School District of Palm Beach Coonly FI
Bid 09C.018K
Vendor agrees to undergo a background check and fingerprinting if he/she is an individual who
meets any of the above conditions and to require that all individuals in the organization who
meet any of the conditions to submit to a Level 2 FDLE background check, and FBI screening
including fingerprinting by the School District's Police Department, at the sole cost of Vendor.
The report of the results to be immediately transmitted to the School District's Police
Department which shall be the sole determiner of clearance. Vendor shall not begin providing
services contemplated by this Agreement until Vendor receives notice of clearance by the
School District and is issued School District badges. Compliance requiring all vendors to
register as a visitor before entering school property and proper display of School District badges
will be strictly enforced. The School Board, nor its members, officers, employees, or agents,
shall not be liable under any legal theory for any kind of claim whatsoever for the rejection of
Vendor (or discontinuation of Vendor's services) on the basis of these compliance obligations.
Vendor agrees that neither the Vendor, nor any employee, agent or representative of the
Vendor who has been convicted Dr who is currently under investigation for a crime delineated in
section 435.04 Florida Statutes will be employed in the performance of this contract.
37.0 DISQUALIFYING CRIMES
37.1 The proposer certifies by submission of this RFP, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by the State of Florida or Federal Government. Further,
proposer certifies that it has divulged, in its RFP response, information regarding any of these
actions or proposed actions with other governmental agencies.
37.2 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 RFP on a contract to provide any goods or services to a
public entity, may not submit a RFP on a contract with a public entity for the construction or
repair of a public building or public work, may not submit RFPs on leases of real property to a
public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
37.3 The contract awarded propDser(s) or any subcontractors shall not employ any persons with
multiple felonies and / or crimes against children. The contract awarded prDposer(s) must
provide documented proof of efforts to comply with this requirement. The Board may declare
any non-compliance or lack of diligent effort by the contract awarded proposer( s) to comply as a
breach of contract and immediately terminate the services of the contract awarded proposer(s).
38.0 USE OF OTHER CONTRACTS
38.1 The District reserves the right to utilize any other District contract, any State of Florida contract,
any contract awarded by any other city or county governmental agencies, any other school
board, any other community college/state university system cooperative RFP agreement, or to
directly negotiate/purchase per School Board policy and/or State Board of Education Rule 6A-
1.012(6) in lieu of any offer received or award made as a result of this RFP, if il is in the best
interest to do so. The District also reserves the right to separately solicit any single order Dr to
purchase any item on this RFP if it is in its best interest to do so.
May 22.20092;1302 PM EOT
P 25
School District of Palm Beach County FI
Bid 09C-018K
39.0 ASSIGNMENT OF CONTRACT AND/OR PAYMENT
39.1 The proposer shall not enter into subcontracts, or assign, transfer, convey, sublet, or otherwise
dispose of the ensuing contract, or any or all of its right, title or interest herein, Dr its power to
execute such contract to any person, company, or corporation without prior written consent of
the District.
39.2 The proposer will be prohibited from publishing or releasing any information related to the
requested services without the prior written permission of the District. All reports and other
documents resulting from the ensuing contract will remain the sole property of the District.
40.0 REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY
40.1 Possession of firearms will not be tolerated in or near school buildings, nor will violations of
Federal and State laws and any applicable School Board policy regarding Drug Free Workplace
be tolerated. Violations will be subject to the immediate termination provision heretofore stated
in Section 21.1.
40.2 "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed
to, or may readily be converted to expel a projectile by the action of an explosive; the frame or
receiver of any such weapon; any destructive device; Dr any machine gun.
40.3 If any employee of an independent proposer or contractor is found to have brought a firearm in
a District building, said employee will be terminated from the Board project by the independent
proposer or contractor. If the proposer fails to terminate said employee, the proposers contract
with the Board shall be terminated.
40.4 Proposers are advised that they are responsible to ensure that no employee, agent or
representative of their company who has been convicted or who is currently under investigation
for a crime against children in accordance with section 435.04, Florida Statutes, will enter onto
any school site.
41.0 AGREEMENT
41.1 A purchase order and/or a contract will be released, after award, for any work to be performed
as a result of this RFP. The proposal, response to the proposal, all attachments, any addendum
released, agreement if applicable, and the corresponding purchase order will constitute the
complete agreement between proposer and the Board. Should there be any conflict between
the terms of the RFP, response to the RFP (proposal), and the terms of the contract (Sample
Contract), the terms of the contract shall be final and binding and the RFP shall control where in
conflict with the proposal. If proposer requires an additional contract, then proposer should
include their sample contract as an attachment to the proposal submitted for review.
42.0 POSTING OF RFP CONDITIONS / SPECIFICATIONS
42.1 This RFP will be posted for review by interested parties, at the Fulton Holland Educational
Services Center, Purchasing Department, 3300 Forest Hill Boulevard, 3" Floor, A-Wing, Suite
A-323, West Palm Beach, FL, on the date of RFP electronic mailing and will remain posted for a
period of 72 hours. Failure to file a specification protest within the time prescribed in section
120.57(3}, Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida
Statutes, and applicable School Board rules, regulations and policies.
May 22. 2009 2:13:02 PM EDT
p. 26
School District of Palm Beach County FI
Bid 0 9C.0 18K
43.0 POSTING OF RFP RECOMMENDATION I TABULATIONS
43.1 RFP recommendations and tabulations will be posted at the Fulton Holland Educational Services
Center, Purchasing Department for review by interested parties, at 3300 Forest Hill Boulevard,
Third Floor, A-Wing Suite A-323, West Palm Beach, FL, on June 5, 2009
at 3:00 p.m., and will remain posted for a period of 72 hours. If the RFP tabulation with
recommended awards is not posted by said date and time, A "Notice of Delay of Posting" will be
posted to inform all proposers of the new posting date and time.
43.2 Any person adversely affected by the decision or intended decision, as defined in School Board
Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the posting of
the notice of decision or intended decision. Saturdays, Sundays and State Holidays shall be
excluded in the computation of the 72-hDur time period. The formal written protest must be filed
within 10 days after the date the notice of protest is filed. The formal written protest shall state
with particularity the facts and law upon Which the protest is based. Failure to file a notice of
protest or to file a formal written protest within the time prescribed in section 120.57 (3), Florida
Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes.
43.3 Any person who files an action protesting an RFP specification, a decision or intended decision
pertaining to this RFP pursuant to Section 120.57(3)(b), Florida Statutes shall post with the
Purchasing Department, at the time of filing the formal written protest, a bond secured by an
acceptable surety company in Florida payable to the School Board of Palm Beach County in an
amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor
more than $5,000. Bond shall be conditioned upon the payment of all costs that 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 acceptable form of security.
If, after completion of the administrative hearing process and any appellate court proceedings,
the Board prevails. it shall recover all costs and charges included in the final order of judgment,
including charges by the Division of Administrative Hearings. Upon payment of such costs and
charges by the protester, the protest security shall be returned.
May 22. 2009 2: 1302 PM EDT
p. 27
School District of Palm Beach County Fl
Bid 09C-018K
SAMPLE CONTRACT
CONTRACT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
AND
This contract entered into this _ day of , 200_, between THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA, a political subdivision of the state of Florida, (hereinafter referred to as the
"School Board") and , located at , (hereinafter referred to as
the "Contractor") to provide _'
SECTION I - Term of Contract
This contract shall be for the period beginning , 200_ through , 200_. The
contract may be renewed for additional one-year periods at the annual anniversary date. The
contract will not extend beyond the year.
SECTION II - Services
The Contractor shall provide Petroleum, Tanks and Environmental Services per specifications in RFP
No. 09C-018K Petroleum, Tanks and Environmental Services and the corresponding proposal submitted by
the Contractor, which by reference herein becomes part of this contract. All addenda issued to RFP, if any,
are also made a part of this contract.
SECTION III - Cost of Services
The Contractor shall be paid for services as listed in the RFP and awarded for Petroleum, Tanks and
Environmental Services for the School Board.
SECTION IV - Terms and Conditions
The Contractor shall have the option to terminate the contract upon written notice to the authorized
representative of the School Board. Such notice must be received at least 90 days prior to the effective date
of termination. The School Board shall have the option to terminate the contract without cause upon written
notice to the authorized representative of the Contractor. Such notice must be provided to the Contractor at
least 30 days prior to the effective date of termination, and the Contractor shall only be entitled to
May 22. 2009 2:13:02 PM EDT
p. 28
School District of Palm Beach County Fl
.
B,d 09C.01 BK
compensation up to the date of termination. The Contractor shall not be entitled to lost profits.
Early termination of the contract by the Contractor may prohibit the Contractor from submitting
proposals for a period of three years from the date of termination of the contract. The School Board shall
establish the termination date of the contract for use thereof.
There shall be no assignment of the contract or compensation to be derived therefrom by the
Contractor.
Included in this contract are the terms and conditions as described in the Request for Proposal, RFP #,
which are incorporated by reference herein and made a part hereof.
SECTION V - Indemnification/ Hold Harmless Agreement
Contractor shall, in addition to any other obligation to indemnify the School Board, and to the
fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board, its agents,
officers, elected officials and employees from and against all claims, actions, liabilities, losses (including
economic losses), costs arising out of any actual or alleged;
A. bodily injury, sickness, disease or death, or injury to Dr destruction of tangible property
including the loss of use resulting therefrom, or any other damage or loss arising out of, or
claimed to have resulted in whole or in part from any actual or alleged act or omission of the
Contractor, subcontractor, anyone directly or indirectly employed by any of them, of anyone
for whose acts any of them may be liable in the performance of the work; or
B. violation of law, statute, ordinance, governmental administration order, rule or regulation by
Contractor in the performance of the work; Dr
C. liens, claims or actions made by the Contractor or any subcontractor or other party performing
the work.
The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of
damages, compensation or benefits payable by Dr for the Contractor of any subcontractor under workers'
compensation acts, disability benefit acts, other employee benefit acts or any statutory bar.
This article will survive the expiration and/or termination of this contract.
May 22. 2009 2:13:02 PM EDT
p.29
School District of Palm Beach County FI
Bid 09C-0'8K
SECTION VI - Insurance
Insurance will be required as stated in RFP, The School Board of Palm Beach County, Florida shall
be named as an additional insured,
SECTION VII - Cancellation of AwardrTermination
In the event any of the provisions of this contract are violated by the Contractor, the Superintendent or
designee will give written notice to the Contractor stating the deficiencies, and unless the deficiencies are
corrected within ten (10) days of such notice, recommendation will be made to the School Board for
immediate cancellation. Upon cancellation hereunder, the School Board may pursue any and all legal
remedies as provided herein and by law. In the event that it is subsequently determined that a cancellation
under this paragraph was incorrect, the termination shall be converted to a termination for convenience
pursuant to the next paragraph.
The School Board, reserves the right to terminate any contract at any time and for no reason, upon
giving 30 days prior written notice to the other party. If said contract should be terminated for convenience
as provided herein, the School Board will be relieved of all obligations under said contract. The School
Board will only be required to pay to the Contractor that amount of the contract actually performed to the
date of termination.
The Contractor will have the option to terminate the contract upon written notice to the Director of
Purchasing. Such notice must be received at least 90 days prior to the effective date of termination.
Cancellation of contract by Contractor may result in removal from responder list for a period of three
years.
SECTION VIII - Funding Out, Termination, Cancellation
Florida School Laws prohibit School Board from creating obligations on anticipation of budgeted
revenues from one fiscal year to another without year-to-year extension provisions in the contracts.
It is necessary that fiscal funding out provisions be included in all contracts in which the terms are for
periods of longer than one year.
Therefore, the following funding out provisions are an integral part of this contract:
May 22, 2009 2:13:02 PM EDT
p, 30
School District of Palm Beach County FI
Bid 09C.018K
The School Board may, during the contract period, terminate Dr discontinue the services covered in
this contract for lack of appropriated funds upon the same terms and conditions as set forth in Section
VII Cancellation of Award / Termination.
Such prior written notice will state:
A. That the lack of appropriated funds is the reason for termination, and
B. Agreement not to replace the services being terminated with services similar to
those covered in this contract from another vendor in the succeeding funding
period.
"This written notification will thereafter release the School Board of all further obligations in any way
related to such services covered herein".
This completed statement must be included as part of any notice of termination.
SECTION IX - Jessica Lunsford Act
All contract personnel (vendors, individuals, or entities) under contract with the School Board who are
permitted access on school grounds when students are present, who may have direct contact with any
student of the School District, or who may have access to or control of school funds must be fingerprinted
and background checked. The Contractor agrees to undergo a background check and fingerprinting if
he/she is an individual who meets any of the above conditions and to require that all individuals in the
organization who meet any of the conditions to submit to a background check, including fingerprinting by the
School District's Police Department, at the sole cost of the Contractor. Contractor shall not begin providing
services contemplated by this Agreement until Contractor receives notice of clearance by the School District.
The School Board, nor its members, officers, employees, or agents, shall not be liable under any legal
theory for any kind of claim whatsoever for the rejection of Contractor (or discontinuation of Contractor's
services) on the basis of these compliance obligations. Contractor agrees that neither the Contractor, nor
any employee, agent or representative of the Contractor who has been convicted or who is currently under
investigation for a crime delineated in section 435.04, Florida Statutes, will be employed in the performance
of this contract.
May 22.200921302 PM EDT
P 31
School District of Palm Beach County Fl
Bid 09C.Q18K
SECTION X - Default
In the event that the Contractor should breach this contract the School Board reserves the right to seek
remedies in law and/or in equity.
SECTION XI - Debarment
The School Board shall have the authority to debar a person / corporation for cause for consideration
or award of future contracts. The debarment shall be for a period commensurate with the seriousness of the
causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer tenn of
debarment may be imposed, up to an indefinite period.
SECTION XII - Federal and State Tax
The District is exempt from federal and state taxes for tangible personal property. The Purchasing
Department Coordinator will sign an exemption certificate submitted by the Contractor. Contractors doing
business with the School Board will not be exempted from paying sales tax to their suppliers for materials to
fulfill contractual obligations with the School Board, nor will any responder be authorized to use the District's
Tax Exemption Number in securing such materials.
SECTION XIII - Amendment
This contract shall only be amended or modified in writing executed by both parties.
SECTION XIV - Strict Performance
The failure of either party to insist on strict perfonnance of any covenant or conditions herein shall not
be construed as a waiver of such covenants or conditions for any instance.
This contract shall be construed in accordance with the laws of the State of Florida.
If any litigation shall result from this contract. venue shall lie in Palm Beach County, Florida.
This contract shall not be construed against the party who drafted the same as both parties have had
experts of their choosing review the same.
This contract is binding on the parties hereto, their heirs, successor and/or assigns.
Section XV
Should either party breach this contract, the non-breaching party shall be entitled to all remedies as
provided by law and equity.
May 22. 2009 2:1302 PM EDT
P 32
School District of Palm Beach County FI
In witness whereof, this contract has been executed on the day and year first above written.
(TYPE IN CONTRACTOR NAME)
BY:
WITNESS:
WITNESS:
May 22. 20092:1302 PM EDT
Bid 09C-018K
THE SCHOOL BOARD OF PALM BEACH COUNTY,
FLORIDA
BY:
William G. Graham, Chairman
Date
Attest:
Arthur C. Johnson, Ph.D., Superintendent
Reviewed and Approved for Form and Legal Sufficiency:
DATE:
BY:
Attorney
p.33 I
-- - ------
SchOOl District of Palm Beach County FI
B,d 09C-018K
BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT
Project: RFP No.: 09C-018K REQUEST FOR PROPOSAL FOR PETROLEUM. TANKS AND ENVIRONMENTAL
SERVICES
Corporation Name:
Tax FEIN Number:
STATE OF
COUN1Y OF
Before me. the undersigned authority, personaily appeared. , ("Corporate
Representative") this day of , 200_. who, first being duly swom. as required by law,
subject to the penalties prescribed for pe~ury. deposes and says:
1) Corporate Representative has read the contents of this Affidavit, has actual knowledge of the facts contained
herein, and states that the facts contained herein are true. correct. and complete.
2) The foilowing is a list of every "person" (as defined in Section 1.01 (3), Florida Statues to include individuals,
children, firms, associates. joint adventures. partnerships, estates, trusts, business trusts, syndicates, fiduciaries.
corporations and ail other groups and combinations) holding 5% or more of the beneficial interest in the disclosing
entity: (If more space is needed, attach separate sheet)
A. Persons or corporate entities owning 5% or more:
N8me
Ad"~
Pen:enl8ge
. Name
Addreu
Pen:enlage
Name
Address
Pe"""""
B. Persons or corporate entities who hold by proxy the voting power of 5% or more:
Name
Address
Pe"'""""
Name
Add~
'-
N.~
AddlllSI
""""'"
C. Stock held for others and for whom held:
Name
Address
'"'"""'''
For Whom Held
Add.~
,~""
N.~
Address
''''''"'''''
For Whom Hel~
Address
'''''''''''''
CORPORATE REPRESENTATIVE
By:
SWORN TO and subscribed before me this _ day of
must check applicable box):
[ ] is/are personally known to me. [ J produced a current driver license(s). [ 1 produced
.200__ by
. Such person(s). (Notary Public
as iden\mcation.
(NOTARY PUBLIC SEAL)
Notary Public
(Print. Type or Stamp Name of Notary Public)
May 22. 2009 213,02 PM EDT
P 34
School District of Palm Beach County FI
Bid 09C.Q18K
09C.018K QUESTIONNAIRE/COST OF SERVICES
UNDER THE TERMS OF THIS CONTRACT, MILEAGE COSTS WILL NOT BE ALLOWED AND CHARGES FOR TRAVEL
TIME WILL NOT BE ALLOWED.
THIS INFORMATION MUST BE INCLUDED WITH YOUR PROPOSAL
IN ORDER TO BE GIVEN CONSIDERATION.
1. QUALIFICATIONS OF THE FIRM AND STAFF FORMS:
A. Name, address, and tele hone number of principals of the proposing firm.
~
;:::]
B. Number of years this firm has been in a petroleum-related business in the State of Florida: r- years
C. List five clients for whom petroleum-related services have been provided since January 1, 1998. Provide a brief
description of the services, scope and final costs of each project. Include a contact person and telephone number for
each of the clients. The School District may contact these references as well as others.
Client Name:
Contact Person:
Telephone Number:
Brief Description of
Project:
~
.tI
Client Name:
Contact Person:
Telephone Number:
Brief Description of
Project:
,~
,,,:
Client Name:
Contact Person:
Telephone Number:
Brief Description of
Project:
'A
.
Client Name:
Contact Person:
Telephone Number:
Brief Description of
Project:
~
,.
Client Name:
Contact Person:
Telephone Number:
Brief Description of
Project:
~
:y
May 22. 2009 2: 13:02 PM EDT
p. 35
School District of Palm Beach County FI
Bid 09C.018K
D. Attach a copy of your Pollutant Specialty Contractor's license to this document.
E.
Does your firm hold an EPA Generator 10 number?
If yes, list your EPA Generator 10 numbeLI
I Yes I No
F. Has your firm been party in any legal action alleging improper tank removal, installation, selection, repair or other
petroleum related service in the past five years?
Yes I No r
If yes, briefly describe the situation and outcome on an attached sheet of paper. Include dates, names of other
parties/agencies involved and contact persons with phone numbers.
G. How many employees does your firm employ in Florida? I
Qualifications and Experience of the staff. List names, addresses, years of experience (petroleum related) and
qualifications for project managers, lead workers and service technicians who will be assigned to School District
projects. Resumes and certificates must be attached.
~
'?:'"
~;?:'
.!l
2. FIRM'S LOCATION AND RESPONSE TIME FORM:
Local Address:
City
Stale
Zip Code
Days & Hours of Normal L
Operation: -
Is staff available on emergencies? Yes r No r
Is firm available to respond in 24 hours? Yes r No r
3. CAPABILITIES OF FIRM FORM:
A. Indicate with an "X" which of the following tasks your firm is qualified to perform and could offer to the District. If
a subcontractor will be used to complete the task, indicate with an "X" in the subcontractor column. Give
SUbcontracting firm name, address, and phone on an attached sheet of paper. Specify the service provided by
the subcontractor. .
Prenaratlon ynur Firm Subcontractor
Architectural Site Design I I
May 22. 2009 21302 PM EDT
p. 36
School District of Palm Beach County FI
Bid 09C.018K
Engineering Site Design I r I r
Specifications I r I r
Purchase Installation and Renair
Petroleum Tanks/Piping r r
Overfill r r
Overspill r r
Secondary Containment r r
Vent System r r
Vapor Recovery Systems r r
Inventory Keeping Systems r r
Leak Detection Systems r r
Pumps r r
Dispensing Systems r r
Cathodic Protection r r
OillWater Separators r r
Hydraulic lift Systems r r
Emergency Generators r r
Boiler Systems r r
Removal and DisDosal
Tank/Piping r: r::
Fuel r r
Free Product r r
Oily Waste Water r r
Non~Hazardous Waste Sludge r r
Hazardous Waste Sludge r r
Petroleum Contaminated Soils r r
Tos'lnn
Tank and line Tightness r r
Cathodic Protection r r
OVA Soils Screening r r
OVNAir Quality r r
Vapor Explosive Limits r r
Environmental Sample Collection r r
Laboratory Analyses r r
Groundwater r r
Sludge r r
State II Vaoor Recoverv
Decay Tests r r
Blockage Tests r r
Miscellaneous
Site Demolition and/or Restoration r r
Construction of Secondary Containment r r
Slurry Sealing Tank r r
Drumming of Hazardous Waste Sludge r r
Stockpiling of Soils r r
May 22. 2009 21302 PM EDT
P 37
School Dislrict 01 Palm Beach County FI
Bid 09C-018K
Lightning Protection Systems r r
Tank Cleaning r r
24-hour Emergency Spill Response r r
Calibration of Dispensing Systems r r
Calibration of Inventory Systems r r
Sheetpiling (Z-Spline) r r
De-Watering Systems r r
Hydraulic Vehicular Lifts r r
Fuel Delivery, Transfer r ['
B. Is your firm and/or staff certified to repair/maintain or provide warranty service for the following petroleum
systems:
YES tiQ
1. Veeder - Root Leak Detection Systems r r
2. Petro-Vend Inventory Control Systems r r
3. Gilbarco Fuel Dispensers r r
4. Healey Stage II Vapor Assist Systems r r
5. Red Jacket and FE Petro Submersible Pumps r r
6. Convault Storage Tank Systems r r
7. Highland Oil.Water Separators r r
B. Modern Welding Tank Systems r r
Please list the number of Service Technicians currently employed by your firm. I
4. SITE SAFETY PLAN -Include a copy of your firm's generic Health and Safety Plan.
5. FEES: CPrlce Prooosal)
The following fees will remain fixed for the term of the contract.
A. Base Price: On a separate paper, following the format below, list employees (by position) required to complete
those tasks indicated and their hour1y compensation. You should include subcontractors where necessary.
Examples:
Job Title
Job Title
, Duties - $1
Duties - $1
Billing Rate per hour
Billing Rate per hour
B. Services
Used Oil Disposal
$1
$1
$1
$1
$1
$L
'gallon
Tank Slurry Sealing with concrete
OVA Rental with technician
Ihour
Tank Tightness Testing
IPetroleum tank
Line Tightness Testing
lline
Virgin Fuel Transfer
'gallon
.' 'gallon
May 22. 2009 2:13:02 PM EDT
p.38
School District of Palm Beach County Fl
Sid 09C-018K
FueI/\Nater/Oil Mixture Disposal $1 Igalion
Sludge Disposal - Hazardous $1
Gasoline Sludge 155 gal. drum
Diesel Sludge - Non-Hazardous $1 155 gal. drum
(Sludge disposal to include drumming, analysis, transportation and disposal fees.)
c. Miscellaneous Charaes:
Briefly define additional charges as related to the following. Give their amounts and explain when and how they are
assessed. *Mileage and travel time will not be billable under this contract*. (Attach a separate page if necessary.)
Overtime:
Holidays and Weekend Charges:
(Provide a list of Contractor Holidays)
1
L__
I
I
I
Downtime:
Mobilization Charges:
Emergency Response Charges:
Subcontractor or materials mark up:
May 22. 2009 2:13:02 PM EOT
P 39
May 22. 2009 21302 PM EDT
School District of Palm Beach County Fl
09C-01BK -ADDITIONAL INFORMATION DOCUMENT
This information will not be used in the evaluation of the RFP.
VENDOR NAME: I
List any additional services below. Price lists rates etc. may be attached to
submittal.
Equipment Attach a list of specialized equipment necessary to complete tasks
within your capabilities. Give descriptions as to size. age. and type of equipment.
Include rates with operator costs.
Bid 09C-018K
!.t
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p. 40
SChOOl District of Palm Beach County Fl
Bid 09C-018K
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Drug-Free Workplace Certification
Preference must be given to vendors submitting a certification with their bid/proposal certifying they have a
drug.free workplace in accordance with Section 287.087. Florida Statutes_ This requirement affects all
public entities of the State and becomes effective January 1. 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price. quality. and service are received by the
State or by any poiilical subdivision for the procurement of commodities or contractuai services. a bid
received from a business that certifies that it has implemented a drug-free workplace program shall 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, 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, any avaiiable drug counseling. rehabilitation. and employee
assistance programs. and the penalties 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 the employees that. as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of. or plea of guilty or nolo contendere to. any
violation of chapter 893 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.
VENDORS SIGNATURE
DATE
COMPANY NAME
Must be executed and returned with attached bid at time of bid opening to be considered.
PBSD 0580 (Rev. 4/812003)
ORIGINAL - Purchasing Department
May 22. 2009 2:13.02 PM EDT
p.41
School District of Palm Beach County FI
Bid 09C-018K
School District of Palm Beach County
MINORITY CERTIFICATION INFORMATION
* Check here if N/A: r. Form must be submitted to bidsync.com.
Minority Certification applications are available through the Minority Business Enterprise
located at:
Office of Diversity in Business Practices
School District of Palm Beach County
3300 Forest Hill Boulevard. Suite A-106
West Palm Beach. FL 33406-5871
Phone: (561) 434-8508
http://www.palmbeach.k12.fl.us/mwbe
Are you a minority vendor certified by: (Check if appropriate)
Palm Beach County School District r:;
State of Florida r
If yes, expiration date I
Minority Classification I
If you are not a certified minority vendor and intend to sub-contract with a certified
minority firm(s). please list the vendors and the estimated dollar value below:
Vendor Estimated Dollar Value
I $1 - -
I $1 I
- - -- --
L ~.- -----.---... -_.- --...-..--- - _.~.-.---~._-- $I__________J
May 22. 2009 2:13:02 PM EDT p_ 42
School District of Palm Beach County FI
Bid09C:01BK
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
OFFICE OF DIVERSITY IN BUSINESS PRACTICES
Letter of Intent
MinoritylWomen Business Enterprise (MIWBE) Subcontractor Participation
Form must be submitted to BidSync.com r Check if not applicable
BID/RFP/RFI/ITN or Project Name I
BID/RFP/RFIIITN or Project # I
Name of Bidder/Responder I
The undersigned intends to perform work with the above project as (check one)
r Individual
r Partnership
r Corporation
r Joint Venture
* If a joint venture, attach letterhead or other documentation proving relationship.}
The undersigned intends to perform work with the above project as (check one)
r Subcontractor r:; Subconsultant r Manufacturer r:: Supplier
The undersigned is: [j Certified with the School District of Palm Beach County MIWBE Coordinator
r Certified with the State of Florida. Department of General Services
(Provisional)
The undersigned is (check only one in each applicable column):
Column 1
Column 2
Column 3
r
r
r
African American
Asian American
Hispanic
American
r
r
Native American
American Female
r
r
Female
Male
r
Physically
PARTICIPATION: The undersi ned intends to erform the followin work in connection with the above ro'ect.
Item #
CONTRACT (Trade) Items (Description/Division)
~.
Amount
.'0'1
~
r;i.'"
~
May 22. 2009 2:13:02 PM EDT
p 43
School District of Palm Beach County FI
Bid 09C.018K
I I =1 I
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If the undersigned intends to sub-contract any portion of this subcontract to a non-certified MIWBE subcontractor, the amount
of any such subcontract must be stated $1_ ~ _ _~_ J
Name of MIWBE Subcontracting Firm L
Name and Position (type or print) I
PBSD 1525 (Rev. 2/612009) ORIGINAL - Office of Diversity in Business Practices
May 22. 2009 2:1302 PM EDT
P 44
School District of Palm Beach County FI
Bid 09C:018K
School District of Palm Beach County
Minority Women Business Enterprise (MIWBE)
Subcontractor Participation Summary
· Check here if N/A: I. Form must be submitted to bidsync.com.
BID/RFP or Project Name I
BID/RFP or Project Number I
Total Bid (Base and Alternatives) I
TO DIRECTOR OF PURCHASING DEPARTMENT
The MIWBE Subcontractor firms listed below have agreed to participate in this BID/RFP or project for the
Contract (Trade) Items and the dollar amounts shown. Letter(s) on Intent (PBSO 1525) for each Subcontractor is
(are) attached.
Those Subcontractors represented to me as MIWBE Certified by the MIWBE Coordinator are noted. Also noted
are those Subcontractors not presently certified but representing themselves as MIWBE qualified for certification.
For those Subcontractors. an identification Statement is attached to their Letter of Intent (PBSO 1525).
CERTtFIED
CONTRACTOR CONTRACT (TRADES) ITEMS AMOUNT
YES NO
I I I I
..--
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I I
.. -- .
I i I I I I
L .I r:: [' I J I
I r: I L -- --- L
.
I I I I ! L
.
Total MIWBE Subcontractor Participation I $1
Percentage of Total Bid (Base & Alternates)
Contracting Firm Name I
Name and Position (type or print) I
I
1%
S/GNAruRE DATE
PBSO 1526 (RE IO/1ar2001) ORIGIN!>.L - Purehuiflll D8pl1'1m8fll
May 22. 2009 2:13:02 PM EDT P 45
School District of Palm Beach County FI
Bid 09C.018K
Question and Answers for Bid #09C-018K - Request for Proposal for
Petroleum, Tanks and Environmental Services
OVERAll BID QUESTIONS
Question 1
In Section 2 of Questionnaire/Cost of Services Document, "Is firm available to respond In 24 hours?" Is this asking If
firm can respond 24 hours per day or within 24 hours of Issue? (Submitted: May 4,20093:06:59 PM EDT)
Answer
- It is asking If the firm can respond within 24 hours. (Answered: May 4, 2009 3:08: 10 PM EDT)
Question 2
Is this RFP for supply and installation of fuel tanks or Is it cleaning/rehabilitation of existing fuel tanks? (Submitted: May
12,20093:52:38 PM EDT)
Answer
. It may be used for all petroleum related services depending on the needs of the District. This may Include, but not be
limited to, tank and line replacements and a multitude of different type service calls. Refer to list In RFP. (Answered: May
12,20093:54:52 PM EDT)
Question 3
Para 18.1 speaks to surety bond requirements. How is the bond amount determined with this RFP? (Submitted: May 12,
20095:45:53 PM EDT)
Answer
. Please refer to Addendum 3, posted May 15, 2009. (Answered: May 15, 2009 3:33:49 PM EDT)
Question 4
Para 27.1 speaks to permits and licenses. If subject work Is conducted on school property will fees be required for
permits? If yes, will the proposer be reimbursed for such fees? (Submitted: May 12, 2009 5:48:05 PM EDT)
Answer
~ Permits for work done on District property are provided by the District's building department at no fee to the contractor.
(Answered: May 14, 2009 8:58:44 AM EDT)
Question 5
Re Tank Slurry Sealing with concrete In Para 5.B of Cost of Services, Is this cost for material only or for
material/equip/labor? (Submitted: May 12, 2009 6:04:06 PM EDT)
Answer
- The cost is to be all inclusive based on per/gallon size of the tank. (Answered: May 14, 2009 8:58:44 AM EDT)
Question 6
Goes with Question #S (Slurry filling): Generally, outside vendor/subcontractors wlll be called In to pump out gasoline,
diesel and oily waters and there are more charges involved for their serviceS than a dollar amount per gallon. Are we to
Incorporate the requested per gallon charges along with their mobilization, technlclan(s), vac trucks etc.? Or can this
section be removed and the standard subcontractor markup be used Instead to keep pricing fair and upfront for both
parties? (Submitted: May 13, 2009 2: 19:42 PM EDT)
Answer
~ Some vendors do not generally use subcontractors so they should Indicate their charges. If subs are used then the firm
should indicate what they, the proposer, will charge the District under this contract. It may be that firms that do not use
subcontractors charge less. The District wants to know what they will be charged by the proposer for these services.
(Answered: May 14, 2009 8:58:44 AM EDT)
May 22. 2009 2:1302 PM EDT
p.46
'.
\
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2300 N.w. 161h Street. Pompano Beach. Florida 33069. (954) 971-5222. Fax: (954) 960-0082
Service Station Construction. Tanks Installed, Removed. Lined & Tested
Environmental Site Assessments. Recovery Systems. Monitoring Wells Installed
August 31, 2009 Page One of Four
Proposal Submitted To:
City of Boynton Beacb
222 N.E 9" Avenue
Boynton Beach. FI 33435
Attn: Paula Leblanc
Project Name & Location:
Public Works Complex
We are pleased to submit our proposal on our interpretation of your requirements.
Re: Public Works Complex (tV, 222 N. E. 9th Avenue, Bovnton Beach, FI.
Scope of Services Proposed
Lutz P.E.1. will provide labor, equipment, and materials to complete two main tasks. The first task will be
the installation and start up of a new above ground storage tank (AST) system. Once the new system is
operational, Lutz will complete the second task, the removal of the underground storage tanks (UST's).
This will ensure that fueling capability is maintained to the maximum extent possible.
Phase 1: AST Installation
I. Provide a complete set of Professional Engineer signed and sealed construction drawings. Plans to
include layout, structural design, mechanical design, process flow diagram, electrical specifications,
equipment specifications and notes.
2. Obtain necessary permits *.
3. Install a concrete pad, roughly measuring 100-feet long x 12-feet wide x I-foot thick. Pad to include No.
5 reinforcing steel and 4-inch yellow, steel, concrete filled traffic bollards at 4-foot spacing around slab.
4. Install two concrete drive slabs adjacent to AST slab. Each drive slab to be approximately I OO-feet long
x IO-feet wide x 6-inches thick. Drive slabs to include No.4 reinforcing steel and/or 6x6 10/10 WWF.
5. Provide, ship, off-load, set, and anchor two (2) new Service Welding capacity UL-2085 Fireguard
aboveground storage tanks (AST's). Tanks to be cylindrical design 11.5-feet high x 34.5-feet long.
Tanks to be set end to end on new slab in an East to West alignment.
6. Each tank to include a remote fill assembly on one end. The remote fills to include a one-point 3-inch
quick hose connection with cap, check valve, shut-off valve, stainless steel outer box spill protection
enclosure, manual spill removal pump, and locking door. The unleaded AST remote fill to also include a
Stage I vapor recovery assembly and connection. Include 3-inch steel pipes and connections to top of
tanks.
7. Each tank to include mechanical high-level shut -off valves and aluminum drop tubes.
8. Each tank to include emergency vents and normal vents.
9. Each tank to be fitted with an interstitial space leak sensor and level probe. These electronic monitoring
devices to be wired into your existing Veeder-Root system.
txff/~/ r liS 1/
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2300 N.w. 16'h Street + Pompano Beach + Florida 33069 + (954) 971-5222 + Fax: (954) 960-0082
Service Station Construction + Tanks Installed, Removed, Lined & Tested
Environmental Site Assessments + Recovery Systems + Monitorinq Wells Installed
August 31,2009 Page Two of Four
Proposal Submitted To:
City of Boynton Beach
222 N.E 9" Avenue
Boynton Beach, FI 33435
Attn: Paula Leblanc
Project Name & Location:
Public Works Complex
We are pleased to submit our proposal on our interpretation of your requirements.
10. Provide upgrade to existing Trak System per Trak quote of 5-19-09 (quote # 2) and include wireless
communication upgrade.
II. Provide and install Simplex Auto Transfer pumps at Diesel and gas tank with probe and sensors to
provide auto shut-off when tanks are full.
12. Provide and install two new Gasboy commercial grade double-hose, single product suction pump
dispensers. The dispensers will include Gasboy 52 pressure regulating valves, sheer valves, ';4" hoses
with re-attachable breakaways, swivels, and nozzles.
13. Provide and install a 1.5-inch black iron pickup pipe, double-tapped bushing, anti siphon valve,
emergency shut-off valve, and custom threaded above ground piping from each AST to the associated
dispenser.
14. Wire new Gasboy dispenser pulsers to the existing fuel management system.
15. Provide a licensed electrician to wire the new dispensers, the new monitoring devices, the existing fuel
management system, and the existing Veeder-Root electronic monitoring system. Price includes
emergency stop.
16. Provide 3RD party testing and certification of the new fuel lines.
17. Provide on-site startup assistance and continuous on-site assistance until the new AST system is fully
operational.
18. Provide Professional Engineer signed and sealed As-Builts drawings of the new AST system. One set of
As-Builts will be submitted to the Palm Beach ERM.
Phase 2: UST Removals & Closures
Once the new AST system is operational, Lutz will remove and close four existing 10,000 gallon diesel and
unleaded UST's, one existing 1,000 gallon new oil UST, and one existing 550 gallon waste oil UST.
I. Provide a vacuum truck with a Butterworth system to remove all remaining fuel and liquids from the
UST's and triple-rinse the tank interior clean. All former fuel lines associated with the UST's will be
completely flushed and cleaned.
2. Saw cut, remove, and dispose of overlying pavement.
3. Excavate, remove, cut open, obtain ERM inspections, crush, and dispose of all UST's, fuel lines, and
associated equipment.
4. Perform tank closure assessment activities including the installation of a temporary monitoring well.
'.
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2300 N.W. 16th Street . Pompano Beach. Florida 33069 . (954) 971-5222. Fax: (954) 960-0082
Service Station Construction. Tanks Installed, Removed. Lined & Tested
Environmental Site Assessments. Recovery Systems. Monitoring Wells Installed
August 31, 2009 Page Three of Four
Proposal Submitted To:
City of Boynton Beach
222 N.E 9" Avenue
Boynton Beach. FI 33435
Attn: Paula Leblanc
Project Name & Location:
Public Works Complex
We are pleased to submit our proposal on our interpretation of your requirements.
5. Backfill the excavations with new compacted clean fill to approximately 8-inches below grade.
6. Resurface the former gasoline/diesel UST area with 6-inches of compacted FDOT crushed lime-rock
base and 1.5 inches of hot-rolled asphalt. Straighten edges and tack coat prior to resurfacing.
7. Resurface the former waste oil and new UST areas with 6-inches ofreinforced concrete.
Notes:
I. Permit fees are not included (Fees will be charged at cost)
2. Any handling of contaminated liquids or soils will be extra at agreed upon prices.
3. The city intends and Lutz is agreeable to "Piggyback" the contractors PBCSB contract.
4. City will provide a site survey if needed.
Price Proposal
Item 4:
Item 5:
Design, Pennitting, Closure Assessment & Other
Professional Services
New Fuel Equipment - Tanks, Dispensers &
Associated Equipment
Site Work - Concrete Pad, Drive Slabs, & Sytem
Installation
UST Removals
Repave Former UST Area
$ 33,500.00
Item I:
Item 2:
$ 199,450.00
Item 3:
$ 115,800.00
$ 42,000.00
$ 18.000.00
Total $ 408,750.00
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2300 N.w. 16'" Street + Pompano Beach + Florida 33069 + (954) 971-5222 + Fax: (954) 960-0082
Service Station Construction + Tanks 1nstalled, Removed, Lined & Tested
Environmental Site Assessments + Recovery Systems + MonitorinQ Wells Installed
August 31,2009 Page Four of Four
Proposal Submitted To:
City of Boynton Beach
222 N.E 91h Avenue
Boynton Beach, FI 33435
Attn: Paula Leblanc
Project Name & Location:
Public Works Complex
We are pleased to submit our proposal on our interpretation of your requirements.
Ootion I: AST's for Waste Oil. Hvdraulic Oil, Lube Oil, Etc.
(300 Gallon ul-142 double-wall above ground skid tank, 3'2" dia x 5' long,
epoxy prime/urethane topcoat (white), 5-gallon aluminum overfill w/2"
locking cap, two emergency vents (primary & interstitial space). 2" normal
vent w/rain cap. level gage. pop-up leak gage (to detect presence of liquid in interstitial),
stickers labeling contents and hazard diamond. Includes shipping to site).
$ 1,3S0.00 each
Ootion 2: Tank Stair (For Access to Too of Tank
$ 4,500.00 each
Oolion 3: Too of Tank fill Port w/Soill Bucket
(For secondary fueling ability at top oftaok, dippiog taok, etc.)
$ 2,500.00 each
Schedule After Receiot of Si2ned Authorization to Proceed:
Plans Permits
Site Preparation
AST Installation
UST Removal
Job Closeout
30 Days
14 Days
14 Days
14 Days
7 Days
Total time required from Authorization to Proceed
(Note: I Week = 7 Calendar Days)
2 Days
Tank and Equipment Lead Time is
4-6 Weeks
Yours truly,
George D. Randolph
V. PresidentlGen Mgr.
Accepted
Date
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Jeff Livergood
Public Works Director
FROM: Janet M. Prainito, CMC
City Clerk
DATE: October 22, 2009
SUBJECT: R09-145 Contract for Fuel Tank Replacement with Lutz
Petroleum Equipment
Attached for your handling is the agreement mentioned above and a copy of the
Resolution. Once the document has been signed, please return the original document
to the City Clerk's Office for final execution.
Thank you.
~ 'fn p~
Attachments (2)
C: Central File
Follow up
S:\CC\WP\AFTER CQMMISSION\Departmental Transmittals\2009\Jeff Uvergood R09-145.cIoc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
October 29, 2009
Mr. George D. Randolph
V. President /General Manager
Lutz Petroleum Equipment Installations, Inc.
2300 NW 16th Street
Pompano Beach, Florida 33069
Re: Resolution # R09-145 Contract for Fuel Tank replacement Project
Dear Mr. Randolph:
Attached for your handling is the original agreement and a copy of the Resolution mentioned above.
Once the agreement has been signed, please return the original to the City Clerk's Office for further
processing.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH
~ 'tn. p~
et M. Prainito, CMC
City Clerk
Attachment
CC: Andrew Mack, Engineering
tis
S:\CC\ WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2009\R09-145 Contract for Fuel Tank Lutz
Petroleum. doc
America's Gateway to the Gulfttream
CITY CLERK'S OFFICE
MEMORANDUM
TO: Andrew Mack
Engineering
FROM: Janet M. Prainito, CMC
City Clerk
DATE: November 9,2009
RE: R09-145 Contract for Fuel Tank Replacement Project
Attached for your information and use is a copy of the contract mentioned above. Since
the document has been fully executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
~ Yn. ~;fc>
Attachment
cc: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2009\Andrew Make R09-145.doe
S:\CC\WPWTER COMMISSION\Departmental Transmittals\2009\Andrew Make R09-145.doc