058-PGB-0618_Bulk_LP_Gas_Delivery_ITB.pdf

Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”.

Neither faxed nor electronically submitted bids will be accepted. Be sure to include the name of the company submitting the bid where requested.

DELIVER TO: PURCHASING DEPARTMENT

School Board of Polk County 1915 South Floral Avenue, PO Box 391 Bartow, FL 33831-0391

SEALED BID DO NOT OPEN

SEALED BID NO.: 058-PGB-0618

BID TITLE: Bulk LP Gas Delivery

DUE DATE/TIME: June 18, 2018 at 3:00 PM

SUBMITTED BY:

Name of company

Please Note:

It is the responsibility of the Bidder to be certain that all pages of the bid, all attachments thereto and all addenda released are received prior to submitting a bid without regard to how a copy of the bid was obtained. All bids are subject to the conditions specified herein on the attached bid documents and on any addenda issued thereto.

Further, it is the responsibility of every Bidder to register and maintain their current email and mailing address at www.myvendorlink.com.

The Purchasing Department is located in Building A. This is a “controlled access” building. All visitors will be required to obtain a visitor’s pass. Photo ID is required. Arrive early to allow for check in procedure with the receptionist.

http://www.myvendorlink.com/

SUBMIT TO:

Purchasing Department School Board of Polk County 1915 South Floral Ave., PO Box 391 Bartow, Florida 33831-0391

INVITATION TO

BID

www.polk-fl.net

Date Issued: Issue Date

CONTACT PERSON:

Gary H. Braun – Manager, Purchase Services gary.braun@polk-fl.net

Telephone #: 863-534-0572 Fax #: 863-534-0802

BID TITLE: Bulk LP Gas Delivery BID NUMBER: 058-PGB-0618

DUE DATE/TIME: June 18, 2018 at 3:00 PM

BIDS RECEIVED AFTER DUE DATE AND TIME

WILL NOT BE CONSIDERED.

PRE-BID CONFERENCE-DATE, TIME AND LOCATION: Non-mandatory, June 7, 2018 at 9:00 AM in Finance Conference Room A at the District Office at the above address.

THE BIDDER ACKNOWLEDGMENT BELOW MUST BE SIGNED and RETURNED WITH YOUR BID RESPONSE IN ORDER

FOR YOUR BID TO BE ACCEPTED.

BIDDER ACKNOWLEDGMENT

LEGAL COMPANY NAME (BIDDER) FEID NUMBER

MAILING ADDRESS TELEPHONE NUMBER (Toll Free if available) EXT.

CITY, STATE, ZIP FAX NUMBER

E-MAIL ADDRESS TO SEND PURCHASE ORDERS

The undersigned, having carefully examined the “Invitation to Bid” with any attached “Special Terms and Conditions” and addenda (if applicable) agrees to abide by all conditions of the bid and offers to furnish the items or services as set forth. I further certify that I am authorized to sign this bid.

Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed)

Title E-Mail Address of Authorized Representative

Purchasing Cards - Not applicable to this bid http://www.polk-fl.net/

GENERAL INSTRUCTIONS, TERMS AND CONDITIONS

1. RECEIPT OF BIDS: Any bid received after the due date and time indicated will be date and time stamped and will not be opened. It is vendors’ responsibility to see that their bids are properly received at the correct location by the due date and time. Your bid must be on this form with the Bidder Acknowledgment completed.

2. DEFINITIONS: For the purpose of this Invitation to Bid, the term “Bidder”, “Contractor”. “Respondent”, and “Vendor” shall be considered synonymous.

3. BID OPENING: All responses to this sealed bid are subject to release as public records consistent with Chapter 119 Florida Statutes. Sealed bids will be received and publicly opened. Only names of respondents will be read at bid openings. Pricing and other contents of bid responses will not be disclosed at bid openings. Reference Section 119.071(1) (b), F.S. and Section 286.0113, F.S.

CONFIDENTIAL OR TRADE SECRET MATERIAL: Any claim by the Bidder that its bid response is confidential or a trade secret must be made in compliance with §§ 812.081 and 815.045, Florida Statutes. Furthermore, if the Bidder considers any portion its bid response exempt from public record disclosure pursuant to Florida law, the Bidder must also simultaneously provide the School Board with a redacted copy of its response clearly titled “Redacted Copy” removing those exact portions claimed confidential, proprietary, or trade secret.

Bidder agrees to willingly cooperate and promptly indemnify and defend the School Board for any non-disclosure. If Bidder fails to provide a Redacted Copy with its bid response, the School Board is authorized to produce the Bidder’s entire response as a public record.

4. POSTING OF NOTICE OF RECOMMENDED BID AWARDS:

Recommended award of this bid will be posted at the School Board Administrative Offices and at www.myvendorlink.com for a period of at least 72 hours. See the “Anticipated Schedule of Events” section of the Special Terms and Conditions for specific information. Bid files and tabulations may be examined during normal working hours.

5. BASIS FOR AWARD: Bidders whose bids, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible.

6. PRICES AND TAXES: All prices are normally fixed for the duration of the contract period. Fluctuating or adjustable prices are only acceptable if so stated in the Special Terms and Conditions. The School Board is exempt from State sales and use taxes and Federal excise taxes. (State Exemption No. 85-8013927632C-8)

7. DELIVERY: Deliveries must be made in accordance with specified delivery schedules or as soon as possible after receipt of the purchase order if no delivery schedule is specified or bid. All delivery containers must be marked with the Polk County School Board purchase order number and product item number. Unless stated otherwise, all products being shipped into the Board’s warehouse shall be packaged in cardboard cartons so as to prevent damage both in transit and in the warehouse. For all truck deliveries into the warehouse, the Bidder is required to provide notification AT LEAST 24 HOURS PRIOR TO DELIVERY. For Bartow deliveries, call Warehouse Receiving at (863) 534-0910. For Winter Haven warehouse deliveries, call 863-291-5292. Truck drivers will be required to assist in unloading.

8. QUANTITIES: Quantities shown are simply estimates that may be purchased during the bid period and do not obligate the District to purchase the quantities stated on the Bid Form and Specifications. Purchases may be made for more or less quantities of any particular item, at any time, during the bid period.

9. EQUIVALENT PRODUCTS: Any manufacturers’ trade, brand, model or catalog number listed as a specification is for information purposes and not to limit competition. The Bidder may offer any equivalent current production model which meets or exceeds the specifications unless noted otherwise in the specifications. If an equivalent model is offered, the Bidder must clearly indicate any deviation from the specifications and include complete descriptive literature on alternate item(s) or the items will not be considered.

10. SPECIFICATIONS: All items offered must be in accordance with specifications except as noted above. Minor departures from specifications may be considered at the option of the Board. When applicable, all products shall carry evidence of Underwriters’ Laboratory (UL) listing and comply with the requirements of the Occupational Safety and Health Act, (OSHA). When applicable, delivered items must be accompanied by a Safety Data Sheet (SDS).

If product packing or packaging is to be different than specified in the bid, the Bidder must state any deviation. The bid, lacking any statement to the contrary, will be received as being in complete compliance with specifications. When more than one bid meets all specifications, the Board reserves the right to determine the “Lowest and Best” bid. Bid items are subject to testing at the Bidder’s expense. Delivery of items not meeting specifications is cause for removal from the list of acceptable Bidders and no payment will be made for the entire delivery, including usage.

11. SAMPLES: When requested, samples will be furnished at Bidder’s expense. Requests for sample returns must be made within 30 days of the bid opening. If no return request is made, the samples will become the property of the Board. Failure to submit samples when required may result in non-acceptance of the bid. Do not send samples unless requested.

12. SERVICE AND WARRANTY: Bidder should attach any warranties offered and explain warranties and service provided. These may not be in conflict with warranties required in the specifications.

13. ACCEPTANCE OR REJECTION: The right to accept or reject any bids or individual items in the bids and to waive irregularities in bids is reserved by the Board.

14. DETERMINATION OF BID AWARD BASIS: Unless otherwise noted, bid awards may be made on either a composite or a line item basis.

15. MISTAKES: In case of mathematical errors, the Bidder’s unit price shall be considered the bid price. It is the Bidder’s responsibility to understand the terms, conditions, and specifications of the bid. Failure to do so will be at the Bidder’s risk.

16. PLACING AND ACCEPTANCE OF ORDERS: The award of this bid does not constitute an order. Before delivery is made the Bidder must receive a duly executed purchase order or contract. Acceptance by the Bidder is assumed upon issue by the Board of a duly executed purchase order or contract. Inspection and acceptance of items will be at the stated destination(s) unless otherwise provided, and title to and risk of loss or damage is the responsibility of the Bidder until acceptance by the Board.

17. ASSIGNMENT: No assignment of an order or monies to be derived therefrom is acceptable without the prior written approval of the Board.

18. INVOICES AND PAYMENT FROM PURCHASE ORDERS:

All invoices must be submitted to the Board with each purchase order being invoiced separately. The District purchase order number should appear on all invoices.

Payment will only be made after the commodity or service has been received, accepted and accurately invoiced.

19. STANDARDS OF CONDUCT: The contractor shall at all times enforce strict discipline, good order, proper dress and appearance among employees and shall employ skilled personnel for the assigned work. No person shall be allowed to bring alcoholic beverages, controlled substances, firearms, or dogs to the site.

Smoking on school premises is not permitted.

20. PERFORMANCE: If the Bidder refuses or is unable to make delivery within a reasonable time, the Board may hold the Bidder responsible for any damages or costs incurred by the Bidder’s actions. The Board may withhold payments pending satisfactory compliance with the terms of the agreement. The Bidder shall hold and save the Board and Board employees harmless from liability of any kind in the performance of this contract.

21. CONTRACT FAILURE: Should any Contractor fail to enter into a contract with the School Board on the basis of the submitted bid by said Contractor, Contractor acknowledges that Contractor shall be liable to the School Board for the difference between such bid price and the price the School Board pays to secure the merchandise from another source. Failure to pay said amount to the School Board upon demand will result in the company being removed from the bid list for a period of not less than two (2) years from the date of infraction.

22. CONFLICT OF INTEREST: All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the Board. Further, all Bidders must disclose the name of any Board employee who owns, directly or indirectly, any interest of any amount in the Bidder’s firm or branches.

23. ATTACHMENTS: All attached sheets are a part of this bid and any Special Terms and Conditions contained therein which are in conflict with the GENERAL INSTRUCTIONS, TERMS AND CONDITIONS shall have precedence.

24. ADDENDUM: Any changes in this Invitation to Bid shall be in the form of a written addendum by the Purchasing Director (or designee). No other person shall be authorized to make changes verbally or in writing. Any such addenda will be posted at www.myvendorlink.com. It shall be the responsibility of the bidder to ascertain if any addenda have been issued and to obtain all such addenda. Any Addendum or Addendum Acknowledgement Form shall be returned with this bid response by the bidder, if applicable.

25. REQUESTS FOR BID INFORMATION & RELATED DATA:

Requests for information relating to bids in process should be directed to the individual listed on page 1 of this bid document. Requests will be addressed without delay when such information has a material effect on the completion of your bid response. Every effort will be made to supply other requested information of a less critical nature within (48) hours from receipt of a request.

Visit www.myvendorlink.com to obtain:

A copy of a bid packet for a contract or project currently out for bid A copy of any addenda issued to current bids in process General information regarding the Purchasing

Department may be found on the Purchasing Department’s website at http://www.polk-fl.net/districtinfo/departments/businessservices/p urchasing.htm

26. EXTENSION: The Board reserves the option to extend the contract period provided the Bidder is in agreement.

http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.polk-fl.net/districtinfo/departments/businessservices/purchasing.htm http://www.polk-fl.net/districtinfo/departments/businessservices/purchasing.htm http://www.polk-fl.net/districtinfo/departments/businessservices/purchasing.htm

27. DISPUTES: Any person who may be adversely affected by an intended decision with respect to the award of any bid, may protest such a decision by following the Bid Protest procedure as outlined in Policy #6320 of the School Board of Polk County. A copy of the procedure is posted online at http://www.neola.com/polk-fl/ and is permanently posted at the administrative offices of the School Board of Polk County, Florida. Failure to follow the requirements of the bid protest procedures established by the School Board of Polk County, Florida shall constitute a waiver of all protest rights.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

28. PREFERENCE FOR DRUG-FREE WORKPLACE: Whenever two or more bids which are equal with respect to price, quality, and service are received, preference shall be given to a bid received from a business that certifies that it has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. In order to receive preference, a signed certification of compliance must be submitted with the bid response.

29. AGREEMENT: This Bid and the Purchase Orders issued hereunder constitute the entire agreement between the School District and the Vendor awarded the bid.

No modification of this bid shall be binding on the District or the Bidders.

30. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitted letters, specifications, literature, price estimates or warranties, it is understood and agreed the General Instructions, Terms and Conditions, and Special Terms and Conditions in this bid solicitation are the only terms and conditions applicable to this bid and the bidders authorized signature affixed to the bidder acknowledgment form attests to this.

31. PUBLIC ENTITY CRIME & CONVICTED VENDOR LIST: Per the provisions of Florida Statute 287.133 (2)(a), “a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies 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 Florida Statute 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. The prospective bidder certifies, by submission and signature of this bid, that neither the bidder, nor its principal, its agent or its representative is presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation in this transaction or otherwise precluded by Florida Statute 287.133 from participating in this contract.

32. DISCRIMINATORY VENDOR LIST: Per the provisions of

Florida Statute 287.134(2)(a), “An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity.” The prospective bidder certifies, by submission and signature of this bid, that neither the bidder, nor its principal, its agent or its representative is presently on the discriminatory vendor list, or otherwise precluded by Florida Statute 287.134 from participating in this contract.

33. SCRUTINIZED COMPANY CERTIFICATION: Per the provisions of Chapter 287.135 Florida Statutes, a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; the Scrutinized Companies that Boycott Israel list, created pursuant to

s. 215.4725 F.S. or is engaged in business operations in Cuba or Syria is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.

The company/vendor certifies by submission and signature of this bid that: it is not on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; the Scrutinized Companies that Boycott Israel list or that it is not engaged in business operations in Cuba or Syria. Any contract for goods or services of $1 million or more may be terminated at the option of the awarding body if the company is found to have submitted false certification, has been placed on any of these lists or has been engaged in business operations in Cuba or Syria.

34. NON-COLLUSION: The bidder certifies, by submission and signature of this bid, that it warrants that he/she http://www.neola.com/polk-fl/ has not employed or retained any company or person other than a bonafide employee working solely for the bidder to solicit or secure this bid and that he/she has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working sole for the bidder, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from this award or making of this bid.

The bidder further certifies that its bid is made without previous understanding, agreement or connection with any person, firm or corporation making a bid for the same item(s) and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

35. COMPLIANCE WITH THE JESSICA LUNSFORD ACT:

Florida Statutes contain certain fingerprinting and/or screening requirements pertaining to all persons or entities entering into contracts with Schools/School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present. Any individual who fails to meet the statutory requirements shall not be allowed on school grounds. Failure to comply with the statutory requirements will be considered a material default of this contract/agreement. Please visit http://www.polk-fl.net/community/doingbusinesswithus/jessicalunsford act.htm for a list of links to requirements regarding the Jessica Lunsford Act.

36. FAMILIARITY WITH LAWS: The awarded vendor is required to be familiar with all Federal, State, and local laws, ordinances, rules and regulations that may in any manner affect their work. Failure on the part of the vendor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The awarded vendor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements.

37. SALES TO OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other public agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions as stated herein.

38. BID RESPONSES: If the bid is to be returned via express mail or in a courier envelope, the bid documents should be submitted in a separate sealed envelope within the courier envelope. Express mail or courier envelopes will be opened and discarded. The face of the sealed bid envelope should have attached the label included with the bid package or noted, the Bid File Number and “Attention: Purchasing Department – Sealed Bid.”

39. TERMINATION OF CONTRACT: This contract may be terminated without liability to the School Board in whole or in part when it is deemed to be in the best interest of the School Board to so act. Notification of termination must be in writing and issued by the Director of Purchasing or designee.

A. DEFAULT (CAUSE). The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor:

1) Refuses or fails to deliver the goods or services within the time specified;

2) Fails to comply with any of the provisions of this

Bid or so fails to make progress as to endanger performances, hereunder, or;

3) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

4) Termination for cause includes terminations under 287.135, F.S.

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part, any subsequent award. The Contractor shall stop work immediately upon notification of termination unless otherwise agreed upon. In the event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

1) Those goods or services actually shipped/performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

3) In no event is the School Board responsible for either loss of anticipated profit or reimbursement exceeding the Bid value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Polk County, Florida. In the event funds for the specific purpose of this solicitation are not appropriated or are insufficient, the contract may be terminated immediately without penalty or expense to PCSB of any kind whatsoever.

40. SOLICITATION OF DISTRICT EMPLOYEES:

Bidders/vendors and others involved with this bid are prohibited from making any offer of any value to any employee of the School Board who is directly or indirectly involved in the development, solicitation or evaluation and subsequent recommendation for award of this bid.

41. CONE OF SILENCE: A cone of silence is hereby established for all competitive selection processes including Invitations to Bid (ITB), Requests for http://www.polk-fl.net/community/doingbusinesswithus/jessicalunsfordact.htm http://www.polk-fl.net/community/doingbusinesswithus/jessicalunsfordact.htm http://www.polk-fl.net/community/doingbusinesswithus/jessicalunsfordact.htm

Proposal (RFP) and Invitations to Negotiate (ITN) for the provision of goods and services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. Pursuant to School Board Policy 6324, the School Board of Polk County enacts a cone of silence that commences after the advertisement of the ITB, RFP or ITN. The cone of silence terminates at the time a written recommendation from the Purchasing Department or Facilities Department regarding contract award is either presented to the Superintendent for approval or the Board for action.

All provisions of School Board Policy 6324 are applicable to this solicitation.

42. The District hereby notifies interested parties that the purchasing agreements and state term contracts, available under s. 287.056, of the Department of Management Services have been reviewed for the subject of this solicitation.

43. When Federal funds are expended by the School

Board of Polk County, the following provisions pertain as applicable:

A. Equal Employment Opportunity (34 CFR 80.36(i)(3)): All vendors, contractors and subcontractors must comply with Executive Order 11246 of September 24, 1965, entitles “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). Applies to all construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees).

B. Copeland “Anti-Kickback” Act (34 CFR 80.36(i)(4)): All vendors, contractors and subcontractors must comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). Applies to all contracts and sub grants for construction or repair.

C. Davis-Bacon Act (34 CFR 80.36(i)(5)): All vendors, contractors and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). Applies to construction contracts in excess of $2000 awarded by the district and sub grantees when required by Federal grant program legislation.

D. Contract Work Hours & Safety Standards Act (34 CFR 80.36(i)(6)): All vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5).

Applies to all construction contracts awarded by the district and sub grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.

E. Access to Records (34 CFR 80.36(i)(10)): All vendors, contractors and subcontractors shall give access to the School Board of Polk County, the appropriate Federal agency, the Comptroller General of the United States, or any of their duly authorized representative to any books, documents, papers and records of the vendor which is directly pertinent to this specific bid for the purpose of making audit, examination, excerpts and transcripts.

F. Records Retention (34 CFR 80.36 (i)(11): All vendors, contractors and subcontractors must retain all records pertaining to this contract for three (3) years after the School Board of Polk County makes final payments and all other pending matters are closed.

G. Clean Air Act (34 CFR 80.36(i)(12): All vendors, contractors and subcontractors must comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 11857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR part 15). Applies to contracts, subcontracts and sub grants for amounts in excess of $100,000.

H. Energy Efficiency (34 CFR 80.36(i)(13)): All vendors, contractors and subcontractors must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

I. Federal Debarment Certification: Certification regarding debarment, suspension, ineligibility and voluntary exclusion as required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR, Part 180, as defined at 2 CFR Part 180, Section 300.

1) The prospective lower tier participant certifies, by submission and signature of this bid, that neither it, nor its principals, its agents or its representatives are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

NOTE: The Bidder Acknowledgment on Page 1 MUST be signed for your bid to be considered.

Rev. Pur. 5/2018

The School Board of Polk County, Florida Bulk LP Gas Delivery

Bid Number 058-PGB-0618

Special Terms and Conditions

A. SCOPE: The intent of this bid is to establish a contract between The School Board of Polk County, Florida

(District) and a Bidder to provide L.P. Gas delivered to various locations throughout the Polk County School District on an as needed basis. It is anticipated that this will be an award to a single Bidder (“all or none”).

Bidders must provide their bid on the Bid Form and Specifications in order for their bid to be considered. Bids MUST be as specified in the bid documents for bid to be considered responsive.

B. FLORIDA PREFERENCE: Pursuant to §287.084 Florida Statute, award recommendations shall make appropriate adjustments to pricing when considering bids and proposals from Proposers having a principal place of business outside the State of Florida. All Proposers must complete and submit Attachment – 2, page 20 with the response to this solicitation. Failure to comply shall render a bid or proposal non-responsive to the terms of this solicitation.

Bidders who have previously submitted a completed Bidder’s Statement of Principal Place of Business, containing the required information in Attachment 1, to another agency within the State of Florida may elect to provide a copy of that statement rather than submit a new one. The previously submitted statement must have been completed within the past 12 months and contain current information in order to be considered.

C. CONTRACT PERIOD: The contract period shall commence on or about July 1, 2018 and end on June 30, 2021.

Prices and discounts shall remain firm for the first 12 months and shall include all freight and handling charges.

After the first 12 months Bidder may request a price increase on the fixed fee (mark-up), 33 pound exchange tanks and repair hourly rate in accordance with Section U.

D. CONTRACT RENEWAL: The District at its sole discretion may exercise options to extend the contract for two

(2) additional one (1) year periods. The extension will be contingent upon the mutual written consent of both parties.

E. ANTICIPATED SCHEDULE OF EVENTS: (Subject to change as conditions may dictate)

Activity Date Release of Bid June 1, 2018 Non-mandatory pre-proposal conference -9:00 a.m. (ET) June 7, 2018 Deadline for receipt of questions in Purchasing Office – 4:00 p.m. (ET) June 11, 2018 Release of responses to questions (on or about) June 12, 2018 Deadline for receipt of sealed bids - 3:00 p.m. (ET) June 18, 2018 *Posting of Award Recommendation at the School Board Administrative Offices and at www.myvendorlink.com (on or about)

June 19, 2018

*Approval of recommendation (on or about) June 25, 2018 Contract Start July 1, 2018

*If the time allotted to make the selection of bidder as stated above proves to be insufficient, the posting of the Notice of Recommended Bid Award and The School Board of Polk County, Florida approval dates could both slip. Continue to monitor www.myvendorlink.com or contact the purchasing department for more specific information as to when the notice will be posted

F. CLARIFICATION/INTERPRETATION/ADDITIONAL INFORMATION: Written questions concerning interpretation, clarification or additional information will be accepted by mail, facsimile or email addressed to the attention of the designated contact person referenced on page 1 of this bid. All written questions must be received by the District’s Purchasing Department no later than June 11, 2018 at 4:00 p.m. (ET) as shown above in the Anticipated Schedule of Events table. Telephone inquiries will not be accepted, nor will answers be provided by telephone. It is the sole responsibility of the bidder at its own risk to ensure that written questions, however submitted, will be received by the deadline indicated above. If warranted, the District will post the responses (as an addendum) to the same website where this Bid is posted, at www.myvendorlink.com.

G. ADDENDA: The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given. If it becomes necessary to revise or amend any part of this bid, an addendum will be posted to the same website where this bid is posted, at www.myvendorlink.com. See the Anticipated Schedule of Events on page 7 for specific information.

H. RESTRICTIONS ON CONTACTING THE DISTRICT: Pursuant to School Board Policy 6324, upon the issuance of this

Invitation to Bid, all contact with the District must be made through the designated contact person listed on page 1 of this Invitation to Bid. Potential vendors, service providers, bidders, lobbyists or consultants must limit communication with the designated contact to the means specified in this Bid. Other District employees and representatives of the District are instructed not to answer questions regarding the bid or otherwise discuss the contents of the bid with potential bidders or their representatives. Any contacts made with other District employees or representatives of the District (including school principals, Board members or member-elects) will be reported to the Purchasing Department. Potential Bidders shall not, under the penalty of law, offer any gratuities, favors or anything of monetary value to any officer or employee of the District or representative of the District in connection with this competitive procurement.

Violation of this policy by a particular bidder, proposer, respondent and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent and/or representative’s bid, proposal or offer and may render any contract award to said bidder, proposer or respondent voidable.

I. F.O.B. DESTINATION: All prices must be FOB destination and include all shipping charges to each School

District’s designated site(s). See Attachment 1 for delivery locations.

J. OTHER FEES: Bidder may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc.

K. AWARD OF CONTRACT: This bid will be awarded based on the lowest bid received from a responsive and responsible bidder. All items on the Bid Form and Specifications form MUST be bid on in order for your bid to be considered as responsive. Do not leave any unit price blank or mark as “no bid”. Make any corrections to bid pricing as outlined in Section N.

1. Every effort has been made to ensure the accuracy of the information contained in this bid and any attachments and exhibits that are a part of the bid. The District reserves the right to request additional information and/or clarification from bidders including but not limited to pricing or product specifications; to reject any or all bids; to waive any informalities, defects or irregularities in any bids received when such action is in the best interest of the District.

2. It is anticipated that there will be a recommendation for award of contract based on the lowest bid received from a responsive and responsible bidder as outlined in #3 below.

3. The composite (all or none) bid price for each submitted bid will be calculated as follows:

a. The item number total bid price for items one (1) through two (2) will be determined by multiplying the bidder’s unit price by the estimated quantity for each item number on the BID FORM & SPECIFICATIONS form. For example, item number 1 unit price multiplied by the estimated quantity equals line item number 1 total bid price. This process will be repeated for item numbers two (2) and three (3) on the BID FORM & SPECIFICATIONS, page 17.

b. Bidder’s total composite (all or none) bid price is calculated by summing the total item bid price of item numbers one (1) and two (2) on the BID FORM & SPECIFICATIONS.

L. CONTRACT DOCUMENT: All terms and conditions of this Bid document shall constitute the entire agreement between the District and the awarded bidder. The Bidder’s signature on the “Bidder Acknowledgement” on page 1 shall be considered the Bidder’s executing signature. The Superintendent of Schools approval of the recommended bidder shall be considered the District’s executing signature. No work shall commence under this contract until after Superintendent of Schools approval and the awarded bidder receives written notification of award from the District.

M. USE OF OTHER CONTRACTS: 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, community colleges, federal agencies, the public or governmental agencies of any state or any state university system cooperative bid agreement, in lieu of any offer received or award made as a result of this bid, if it is in its best interest of the District. The District also reserves the right to separately bid any single order or to purchase any item on this bid if it is in its best interest of the District.

N. LINE ITEM CORRECTIONS: The use of correction fluid/tape or erasures on line item bid prices and/or quantities are not acceptable. Corrections must be by strikethrough (strikethrough) of the incorrect figures, writing in of correct figures and initialing of the corrections by the originator. Correction fluid/tape or erasure corrected bids will be considered non-responsive. This is a bid award contemplated as an “all or none” or composite award. The use of correction fluid, correction tape or erasure on any line item bid price will result in the entire bid declared non-responsive.

O. INSURANCE: The Bidder shall take every precaution to prevent injury to persons, particularly children, or damage to public or private property while performing services under this agreement. Bidder shall assume full responsibility for such occurrences if resulting from his operations. Before commencing work, the Bidder shall furnish the District a certificate of insurance showing its coverage with the following minimum requirements:

TYPE OF INSURANCE LIMITS OF LIABILITY

Worker's Compensation Statutory

Commercial General Liability .............................................................. Combined Single Limit $1,000,000 per occurrence $2,000,000 General Aggregate

Automobile Liability ................................................................................ $1,000,000 Combined single limit (All owned autos, or any auto if vehicles other than owned are used).

1. The School Board of Polk County, Florida shall be named as a certificate holder and an additional insured on the certificate for all required liability insurance. All insurance must be issued by a company or companies approved by The School Board of Polk County, Florida.

2. Bidder shall be responsible for assuring that the insurance remains in force for the duration of the contractual period, including any and all option years that may be granted to the Bidder. A Certificate of Insurance shall contain the provision that The School Board of Polk County, Florida be given no less than thirty (30) days written notice of cancellation. If the insurance is scheduled to expire during the contractual period, the Bidder shall be responsible for submitting any new or renewed Certificate of Insurance at a minimum of fifteen calendar days in advance of such expiration.

P. CURRENT LP GAS SUPPLIER: For the last six (6) years, AmeriGas Propane has provided liquefied petroleum (LP) gas to the District. To obtain a copy of the bid tabulation and other associated documents from the previous bid/contract, go to www.myvendorlink.com. Click on Bid Solicitations, in the agency drop down select Polk County School Board, select the ID number box, type this bid number 003-MHH-0713 then click search solicitations.

Q. FORCE MAJEURE: Performance of obligations under this bid and any subsequent contract shall be pursued by each party with due diligence in all requirements herein; however, neither party shall be liable for any loss or damage for delay or nonperformance due to causes not reasonably within its control. In the event of any delay resulting from such causes, the time for performance and payment hereunder shall be extended for a period of time reasonably necessary to overcome the effect of such delay(s). In the event of any delay or nonperformance caused by such uncontrollable forces, the party affected shall promptly notify the other, in writing, of the nature, cause, date of commencement thereof, and the anticipated extent of such delay.

R. WARRANTY OF ABILITY TO PERFORM: By signing the “Bidder Acknowledgment” on page 1 of this document, the Bidder warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Bidder’s ability to satisfy its Contract obligations. The Bidder warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Bidder shall immediately notify the District in writing if its ability to perform is compromised in any manner during the term of the Contract.

S. QUALIFICATION OF BIDDERS: In order to be considered for award of this bid, the bidder shall have a minimum of three (3) years of experience as a supplier of bulk LP gas. The bidder must demonstrate satisfactory experience as a supplier of bulk LP gas. As documentation to support satisfactory experience performing the services described above, the Bidder shall provide a minimum of three (3) of the Bidder’s current clients or completed jobs of comparable size and complexity. Complete Bidder’s portion of the Reference Request Form (Attachment 5), pages 23 and 24, then forward to your three (3) references with instructions to complete the Reference Request, then return to School Board of Polk County, Florida, Bid #058-PGB-0618, P.O. Box 391, Bartow, Florida 33831-0391 or email to gary.braun@polk-fl.net. All required references must be received by 3:00 p.m. on June 18, 2018. Each reference shall be for jobs performed for different customers (entities). Reference must be for the Bidder (LEGAL COMPANY NAME on the Bidder Acknowledgement Form) submitting the bid who will be providing the LP gas Service. References cannot be for a parent, affiliated or wholly owned subsidiary company.

a. For the purpose of this Bid, current is defined as any work/contract(s) performed since January 1, 2015. References for work/contract(s) performed prior to January 1, 2015 will be considered non-responsive.

b. The District reserves the right to contact any and all references and to obtain, without limitation, information on the Bidder’s performance on the listed jobs. The District may utilize other reference information on a Bidder’s capability to determine performance history. Negative references, in the District’s sole discretion, may be cause for disqualification of Bidder.

c. It is the Bidder’s responsibility to ensure that the references arrive in Purchasing by the bid due date/time stated on the Bidder Acknowledgement, page 1 and the Anticipated Schedule of Events, page 7.

The District reserves the right to request additional clarification of any item submitted by the bidder in response to this Bid. Any requested additional information must be received by the District’s Purchasing Department within two (2) days after the date of the request for the additional information. Saturdays, mailto:gary.braun@polk-fl.net

Sundays and District holidays shall be excluded from the two (2) day time period provided by this paragraph.

The request for additional information shall be in writing and will be sent via email or fax.

T. PERFORMANCE QUALIFICATIONS: The District reserves the right to investigate or inspect at any time whether the qualifications, materials, equipment or facilities offered by Bidder meet the bid requirements. Bidder shall at all times during the bid term remain responsive and responsible. The District may consider all information or evidence which is gathered or comes to the attention of the District which demonstrates the Bidder’s capability to fully satisfy the requirements of the solicitation and the bid.

Bidder must be prepared, if requested by the District, to present evidence of experience, ability, and financial standing, as well as a statement as to equipment, machinery, and capacity of the Bidder for the servicing of this bid. If the District determines that the conditions of the solicitation documents are not complied with, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the District may reject the response or terminate the Contract. Bidder may be disqualified from receiving awards if bidder, or anyone in Bidder’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This section shall not mean or imply that it is obligatory upon the District to make an investigation either before or after award of the bid, but should the District elect to do so, Bidder is not relieved from fulfilling all bid requirements.

U. OPTION TO REQUEST ANNUAL PRICE ADJUSTMENT: Bid prices shall remain firm for the first twelve (12) months of this contract. The awarded bidder will have an opportunity to request an annual price adjustment for the second and subsequent years of this contract. The request for price adjustment must be submitted in writing no later than ninety (90) calendar days prior to the annual anniversary of the contract start date (July 1st of each year). The request for price adjustment must include written justification (i.e. labor increases, transportation increases, etc.) for the increase and a copy must be sent to the Purchasing Director and the Energy Manager. The awarded bidder will only be allowed to submit one request for price adjustment per contract year (July 1st to June 30th). Any approved request for price adjustment will not take effect until the annual anniversary of the contract start date (July 1st) and such price adjustment will be in effect for the 12-month period following said anniversary date. Written requests for price adjustments shall not exceed the rate of inflation determined by the Consumer Price Index (CPI) for U.S. All items, 1982-84=100 – series id# CWUR0000SA0, published by the U.S. Bureau of Labor Statistics appropriately adjusted for the calendar year (January 1st to December 31st) preceding the calendar year in which the request is made. Please see the example shown in Attachment 3 on page 21. Any price adjustment shall be approved by the Purchasing Director or designee and the Energy Manager or designee prior to the new price becoming effective.

V. ESTIMATED QUANTITIES: The estimated gallons listed on the Bid Form and Specifications is made available for the benefit of the bidder and for purposes of tabulation and evaluation. Estimated quantities is an aggregate of all sites listed on Attachment B and is not to be considered a guarantee of a specified purchase volume.

W. PAYMENTS: Payments by the District shall be authorized subject to invoices properly drawn by the Bidder and submitted to Account Payables – Finance Department. District payment terms are net 30 days from receipt of a satisfactory invoice. Invoices shall cover charges for LP gas actually delivered in compliance with the terms of this agreement. Invoices shall have an invoice number, reference the delivery location, tank filled and have an attached copy or copies of signed delivery tickets. Each account shall be invoiced separately with the location of the tank and the specific tank filled at that location. Invoices shall be mailed to:

Attention A/P Finance (Debbie McBroom) P.O. Box 391 Bartow, FL 33831

X. TANKS AND MAINTENANCE OF EQUIPMENT:…