25-0701-P-KF949_Water_and_Wastewater_Services_RFP.pdf

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Water and Wastewater Services
Solicitation number
25-0701-P-KF949
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Florida

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This is a Request for Proposal (RFP) #25-0701-P-KF949 issued by Lake County Schools Procurement Services for water and wastewater services. The procurement seeks a contractor to provide comprehensive maintenance and repair services for the district's water infrastructure, specifically targeting twenty-three primary lift stations, three double pit lift stations, and twenty pot belly lift stations. Services include plumbing repairs, new installations, equipment replacements, construction supervision, utility work, and emergency and non-emergency repairs. The RFP is structured with a 100-point evaluation system, with key deadlines including a pre-submittal conference on May 28, 2025, at 1:00 PM EST, a question submission deadline of May 30, 2025, at 4:00 PM EST, and proposal submissions due on June 16, 2025, at 2:00 PM EST through www.myvendorlink.com. The initial contract term is three years with potential renewal options for two additional one-year periods, and services will be performed on an as-needed basis.

Vendors must submit mandatory attachments and demonstrate at least three years of related business experience, with personnel having minimum two-year related experience and appropriate Florida licenses. The agreement includes warranty provisions of one year for service work and ten years for manhole and lift station coatings. While no specific budget ranges are stated, the comprehensive cost proposal requires detailed labor rate structures and equipment rate schedules. Contractors must provide Florida Division of Corporation documents, E-Verify numbers, and federal identification. The Lake County School District reserves the right to negotiate with the highest-ranked proposer and may make multiple awards based on experience and qualifications, with potential annual pricing adjustments limited to the Consumer Price Index. Evaluation criteria will allocate 30 points each to qualifications/experience and references, 10 points to scope of services, and 30 points to proposal pricing.

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Procurement Services 29529 CR 561 Tavares FL 32778, (352) 253-6763 Fax: (352) 253-6761 http://lake.k12.fl.us

RFP #25-0701-P-KF949 – WATER AND WASTEWATER SERVICES

REQUEST FOR PROPOSALS (RFP)

Release Date: May 21, 2025 Question Deadline: May 30, 2025 @ 4:00PM EST Due Date/Time: June 16, 2025 @ 2:00 PM EST

Direct all inquiries in writing to:

Procurement Services Representative – Kelly Fortune at fortunek@lake.k12.fl.us

Public notice is hereby given that the Lake County Schools has issued a Request for Proposals for the above-named contract, with responses due no later than the date and time shown above.

Lake County Schools is seeking to award contracts to repair, replace and maintain Lake County School Districts water treatment plants, wastewater treatment plants and lift stations as described in the solicitation specifications.

The existing services contracts is set to expire August, 2025. The tasks associated with this contract are typically performed on an as-needed basis.

The pre-proposal meeting is scheduled Wednesday, May 28, 2025 at 1:00 PM and will be held at Lake County Schools District Board Room, 201 West Burleigh Blvd., Tavares, FL 32778.

Proposers are encouraged to attend the pre-proposal meeting.

The Request for Proposal and all submittal requirements are available on-line at MyVendorLink.com www.myvendorlink.com.

Thank you for your interest in doing business with Lake County Schools.

END OF SECTION

http://lake.k12.fl.us/ mailto:fortunek@lake.k12.fl.us http://www.myvendorlink.com/

PURPOSE & BACKGROUND:

Lake County School Board desires to establish a contract with a vendor to repair, replace and maintain Lake County School District’s water treatment plants, wastewater treatment plants and lift stations as described in the solicitation specifications. Contractor shall perform the Services in accordance with that degree of care and skill ordinarily exercised by reputable members of its profession.

At the time of this solicitation, the School District has approximately twenty-three (23) Primary Lift Stations, three (3) Double Pit Lift Stations, and twenty (20) Pot Belly Lift Stations.

LCS ORGANIZATION: Lake County Schools is the 19th largest public school district in the state of Florida, serving approximately 42,000 students across 51 learning sites (including Lake Virtual School and Lake Technical College) and with more than 5,000 employees, which makes it the county’s largest employer.

LCS Vision: A dynamic, progressive, and collaborative learning community embracing change and diversity where every student will graduate with the skills needed to succeed in post-secondary education and the work place.

Questions concerning any portion of this solicitation shall be directed in writing online via www.myvendorlink.com to the below named individual who shall be the official point of contact for this solicitation.

Name: Kelly Fortune E-mail: fortunek@lake.k12.fl.us Fax: 352-253-6761 Address: 29529 CR 561 Tavares, FL 32778

No-Contact: All prospective proposers are hereby cautioned not to contact any Board member or employee of the School Board of Lake County nor attempt to persuade or promote through other channels. All requests for additional information must be submitted in accordance with instructions contained in this Request for Proposal. Failure to comply with these procedures may be cause for disqualification of firm’s submittal.

mailto:fortunek@lake.k12.fl.us

SECTION 1 -- INSTRUCTIONS TO VENDORS

1.1 Proposal Due Date: All proposals must be received no later than 2:00 PM EST, on June 16, 2025.

Respondent will be responsible for its timely submission of their submittal.

All proposals must be signed by an officer or employee having authority to legally bind Respondent. Any corrections of unit prices must be initialed.

1.2 IMPORTANT NOTICE TO BIDDERS: The Procurement Services Department of Lake County Schools has partnered with Vendor Link www.myvendorlink.com for the posting, notification, and processing of their bid opportunities. There is NO COST to Respondents to use this service for Lake County Schools bid opportunities.

Bidders who obtain Solicitation Packages from sources other than the Lake County School Board or from www.myvendorlink.com shall be required to register with Vendor Link. Please follow the link www.myvendorlink.com to register with Vendor Link for Lake County Schools.

This will place the Bidder on the notification list for any forthcoming addendum or other official communications. Failure to register as a prospective Bidder and/or accept receipt of each document may cause your Submittal Package to be rejected as non-responsive if you have submitted a Submittal Package without Lake County School Board issued forms and/or acknowledgment of issued addenda and/or meet the Solicitation Package requirements as provided by the Lake County School Board.

Proposals not conforming to the instructions provided herein may be subject to disqualification at the sole option of the district.

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 90 days, to provide the district with the services specified in the proposal.

Submittals/Responses shall be accepted only through www.myvendorlink.com .

1.3 ONLINE RESPONSES – shall be accepted ONLY until the date and time stated above on www.myvendorlink.com. All submittals not received by the stated date and time will be considered late and therefore unacceptable.

1.4 Recommended awards will be posted for review by interested parties on www.myvendorlink.com and will remain posted for a period of 72 hours. Since this information is available as outlined above, the Purchasing department will not mail or fax recommendation of award notices to all bidders. All award information will be posted on www.myvendorlink.com. Failure to file a protest within the time prescribes in Section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida statutes.

http://www.myvendorlink.com/

1.5 SCHEDULE OF EVENTS:

1.6 PRE-SUBMITTAL CONFERENCE

A pre-submittal conference is intended to be scheduled as noted above. The meeting will be held at Lake County Schools District Board Room, 201 West Burleigh Blvd., Tavares, FL 32778.

The pre-submittal conference allows perspective Respondents to gain clarification regarding the solicitation.

1.7 REQUEST FOR INFORMATION

All questions must be submitted by information cut-off date listed above; questions received after said date will not be considered. Inquiries must be made through www.myvendorlink.com. Those interpretations which may affect the eventual outcome of this proposal will be posted on the on www.myvendorlink.com for all prospective Respondents to view. Only the interpretation or correction so given by the Procurement Services representative, in writing, shall be binding and prospective Respondents are advised that no other source is authorized to give information concerning, or to explain or interpret the RFP and the selection process. All such interpretations and supplemental instructions will be in the form of written Addenda to the RFP.

Selection committee members, school board members, and school board personnel (except the Procurement Services representative) are not to be contacted prior to the School Board’s decision to approve or reject the final recommendation presented by the Superintendent. At the discretion of LCS, failure to comply with this requirement will be grounds for disqualification.

Specifically, this NO-CONTACT PERIOD shall commence on the initial date of release of the Request for Qualifications and continue through and include the date the Lake County School Board makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify a Respondent from consideration.

By submission of a proposal, Respondent understands that award of the solicitation by Lake County Schools, and any subsequent purchase orders and agreements, shall constitute a binding and enforceable contract. Unless otherwise stipulated in the solicitation documents, no other contract documents shall be issued.

1.8 RFP RESPONSE REQUIREMENTS/FORMS: When submitting a proposal through www.myvendorlink.com , an attachment package of required forms shall be included with your submittal.

Pre-Submittal Conference 5/28/2025 @ 1:00PM Deadline for Questions 5/30/2025 @ 4:00PM Last date for addendums 6/3/2025 @ 4:00PM Proposals Due 6/16/2025 @ 2:00 PM Evaluation (Shortlist) Tentative 6/17/2025 Tentative Presentations, if needed 7/14/2025 Tentative Board Action 8/11/2025 Tentative http://www.myvendorlink.com/

SECTION 2 -- SCOPE OF SERVICES

2.1 Work to be performed under the resulting contract consists of furnishing all labor, materials, equipment and transportation necessary to repair, replace and maintain Lake County School District’s water treatment plants, wastewater treatment plants and lift stations. Services may also include plumbing repairs, new installations and equipment replacements.

2.2 The Lake County School District is seeking the following services:

A. Underground utility contractors B. General contractors C. Utility electricians D. Specialty contractors

2.3 Services shall include, but are not limited to:

A. Construction supervision/administration B. New construction of water /sewer mains, lift stations, manholes, and wells.

C. Renovations and retrofits for water and sewer mains lift stations, manholes, wells, water and wastewater treatment plant components, infiltration and inflow removal projects and cleaning and televising sanitary sewer lines.

D. Demolition associated with renovations/retrofits E. Scheduling work and subcontractors in harmony with the Operations F. Estimating cost of future projects G. Repairs (emergency and non-emergency) of water/sewer mains, lift stations, manholes, valves, master meters, backflow devices, wells, water and wastewater treatment plant components.

2.4 Contractor represents and warrants to the District that:

A. Contractor’s staff possesses all qualifications, licenses, and expertise required for the provision of Services , with personnel fully licensed by the State of Florida as related to services required;

B. Proposer, Proposer’s principal, or Proposer’s staff shall have been regularly engaged in the business of providing services as required in this solicitation for a minimum of three (3) years;

C. All personnel assigned to perform work shall be, at all times during the term hereof, fully qualified and trained to perform the tasks required with a minimum of 2 years related experience;

D. The Services will be performed in the manner and at such times and locations as described by the District for the budgeted amount.

2.5 Contractor agrees and understands that any and all subcontractors used by Contractor shall be paid by Contractor and not paid directly by the District; and any and all liabilities regarding payment to, or use of subcontractors for any of the work related to this Agreement, shall be borne solely by Contractor.

2.6 The contractor selected for these services will work with the School District Representative in order to successfully develop a strategy for the best approach to successfully complete each project:

a. Pre-work detailed plans, specifications and schedules will be reviewed and approved by the School District Representative prior to the start of work;

b. Interim reporting to track progress throughout project and;

c. A final report which summarizes work conducted, including warranties, is to be provided at the conclusion of each project.

2.7 WARRANTY: The selected Contractor(s) will provide the District with a minimum:

A. One (1) year warranty for all service work performed B. Ten (10) year warranty on all manhole and lift station coating

This warranty will not go into effect until the project has been substantially completed.

2.8 EMERGENCY OPERATIONS, EQUIPMENT REPAIR OR REPLACEMENT: Emergency visits, equipment repair, and equipment replacement shall be made only with written approval of the Board`s authorized personnel.

In the event written approval cannot be given, the Board may give the verbal approval for emergency visits or repairs. For non-emergency work, the contractor shall provide a quote to provide the materials and necessary work using the prices shown on the solicitation response sheets.

2.9 Parts used shall be equipment manufacturer`s replacement parts or, if unavailable, parts must be equal in quality (the Board reserves the exclusive right to determine equivalents). All rebuilt components used as replacements must be of the same make and model as the original equipment.

2.10 Used equipment is only to be utilized with the prior approval of the Board`s representative. All copies of invoices and awarded vendor`s billings shall be submitted for review before approval.

The original supplier`s invoices shall be available upon request by the Board for review. The maximum amount allowed for parts and supplies provided under the resulting contract is 15% over actual cost.

2.11 The contractor shall be responsible for maintaining an adequate stock of service parts consistent with normal and emergency requirements. In addition to such stock, the contractor shall maintain sources of supply for items that may be required for any equipment maintenance.

2.12 The contractor shall have sufficient number of qualified and trained personnel, materials, transportation and an adequate inventory of tools and equipment to perform work at the job site.

The contractor shall be held responsible for the on-site supervision, scheduling, receiving and placement of materials.

2.13 The contractor shall, and in addition to all other guarantees, be responsible for faulty labor or workmanship and shall promptly correct improper work, without cost to the Board, within twenty-four (24) hours after receipt of notification of such faulty labor or workmanship. If the contractor fails within this time line to correct defects, the Board shall be entitled to have such work remedied and the contractor shall be fully liable for all costs and expense reasonably incurred by the Board. Payments on full or otherwise do not constitute a waiver of this guarantee.

The guarantee period shall be effective for one (1) year after acceptance of the work by the Board.

2.14 Precautions will be exercised at all times for the protection of persons (including employees) and property. The contractor, at contractor`s expense, will provide barricades when work is performed in areas traversed by people or vehicles, or when deemed necessary by the Board`s representative.

2.15 The contractor shall conform to all federal, state, county and local municipality regulations during the performance of the agreement. Any fines levied due to inadequacies or failure to comply with any and all requirements shall be the sole responsibility of the contractor. Any person found not in conformance with any laws, statutes, rules or regulations will not be allowed on the job site. Continued violations by a contractor shall constitute cause for immediate termination of this contract.

NOTE: It is solely the awarded Vendor’s responsibility to ensure that all applicable rules, regulations, laws, and codes listed within this solicitation and unlisted are complied with throughout the full term of the resulting contract.

2.16 All existing structures, utilities, services, roads, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the contractor. The contractor shall be held responsible for any damage to property caused by reason of his operations on the property.

2.17 The District will be selecting one (1) vendor for these services.

SECTION 3 -- PREPARATION ORDER AND REQUIRED CONTENT

1. PROPOSAL PREPARATION

In order to ease comparability and enhance the review process, it is requested that proposals be organized in the manner specified below. Failure to provide the required information will affect the evaluation of the proposal and may be grounds for disqualification. Responsive proposals should provide straightforward, concise information that satisfies the requirements noted above. Expensive bindings, color displays, and the like are neither necessary nor desired. Emphasis should be placed on skills and experience that respond to the needs of the School Board, the requirements of this RFP, and completeness and clarity of content.

2. REQUIRED INFORMATION AND FORMAT

Proposals must provide the required information in the following order and format. Failure to provide the required information will affect the evaluation of the proposal and may be grounds for disqualification. Copies of the proposal signed by an authorized representative of Respondent, including name, title, address, and telephone number of one individual who is Respondent’s designated representative.

TABLE OF CONTENTS

Clearly outline and identify the material and responses by the tab and page number. Outline in sequential order the major areas of the responses, including enclosures. Tabs should be used to separate each tabbed section. All pages must be consecutively numbered and correspond to the table of contents.

TAB 1 - RESPONDENT’S PROFILE AND SUBMITTAL LETTER (NOT SCORED)

RFP Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business A brief profile of the firm, including:

A. A brief history of the business B. Organizational structure of business C. Active business venues (counties, states, etc.)

D. Designation of the legal entity by which the business operates and documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.).

For non-Florida businesses submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida.

E. Respondent must demonstrate a record of company stability for the last five (5) years and provide information supporting evidence as follows:

o State number of years in business.

o State the location, address, and telephone number of Respondent’s offices.

o Discuss any name changes, changes in ownership, reorganizations, etc.

F. A confirmation of your company’s understanding of the requirements/scope of services/specifications of this formal solicitation and familiarity and interest in performing the Services and Billing information as in section 2.2 of the Scope.

TAB 2 - QUALIFICATIONS AND EXPERIENCE (30 POINTS)

• Respondent must maintain and include a current business license. Respondent must keep current all licenses and certifications, whether municipal, county, state, or federal, required for the performance of its obligations and functions hereunder, and shall pay promptly when due all such fees. Respondents must provide documentation of applicable license, certification, and/or commercial experience involving the services described herein. Lake County Schools reserves the right to request documentation at any time during the contract period.

• Administration and Staff Qualifications: Respondent shall describe the qualifications and experience of all staff that will provide services to Lake County Schools, as well as their availability to perform these services. Respondent shall ensure that staff has all required licenses, certifications, and training appropriate for such persons’ service.

TAB 3 – REFERENCES (30 POINTS)

Provide a minimum of three (3) reference letters in which your Firm has provided or is currently providing services that are similar in scope to this RFP. Reference letters shall be current, dated within one (1) year of this solicitation. The reference from the owner representative must be provided on their letterhead, and include details regarding your Firm’s role and level of services provided. Letters from Lake County School’s staff shall not be considered.

Please complete a Reference Form with the following for each reference including:

o District, key contact person(s);

o Job title(s) address, phone number, email address for key contacts of the district/municipality.

TAB 4 - SCOPE OF SERVICES (10 POINTS)

Describe Respondent's understanding of the scope of services as described in Section 2 of this RFP. Include a written statement explaining your firm’s approach to provide Services.

TAB 5 - PROPOSAL PRICING (30 POINTS)

The proposal shall include Respondent’s proposed pricing as requested on the Cost Proposal Form. The School Board reserves the right to accept or reject proposed pricing. If you are not submitting for one or more services you may leave it blank or note “no bid”.

Tab 6 - COMPLIANCE REQUIREMENTS—ATTACHMENT PACKAGE (NOT SCORED) This is a compliance section and carries no evaluation points. Respondents must meet minimum criteria as specified to receive further consideration. Proposals shall include the following:

Attachment Package:

Attachment A – Signature/Acknowledgement Form Attachment B – Reference Form (duplicate as necessary) Attachment C – Debarment Form Attachment D – Public Entity Crimes Form Attachment E - Non-Collusion Affidavit Form Attachment F – Emergency/Disaster Form Attachment G – Cost Proposal Form

TAB 7 - ADDITIONAL INFORMATION (NOT SCORED)

Any additional information or data which Respondent deems essential to the proposal and for consideration should be included in a separate section of the submittal titled “Additional Information”. Additional information presented for consideration should include additional costs to the district. If there is no additional information to present, state in this section: "There is no additional information that Respondent wishes to present.”

SECTION 4 -- EVALUATION

4.1 Timely submitted responsive proposals will be evaluated by an Evaluation Committee of the District. Each representative will score each proposal using the criteria described below – Evaluation Criteria.

4.2 EVALUATION CRITERIA: Only proposals that meet the compliance requirements will be evaluated based on the following criteria.

Evaluation Criteria Possible Points

Qualifications and Experience 30 References 30 Scope of Services 10 Proposal Pricing 30

An evaluation committee will evaluate the proposals received. Each committee member will independently score each proposal using the predetermined point system following the set of evaluation criteria listed above. Each Committee member’s proposal scores will be combined to reach the total number of composite points. The proposals with the highest overall composite points will be placed on a short-list.

After the initial ranking of the proposals, the evaluation committee reserves the right to conduct interviews or presentations from a short list of vendors. If this is determined, your company will be contacted for the interview or presentation, which may occur on the date listed in Section 1.5 Schedule of Events of the RFP. This is an optional interview or presentation that will be determined by the evaluation committee.

Presentation Evaluation Criteria Possible Points

Criteria 1 Points Criteria 2 Add as many as needed Points

TOTAL Possible Points Points

Respondents shall be liable for all costs associated with their presentation. The Procurement Services representative shall calculate all scoring and determine a ranking of the shortlisted firms based on the presentation/interview evaluation criteria above. The firm receiving the highest score will be recommended for award.

4.3 RIGHT TO NEGOTIATE

LCSB reserves the right to negotiate price and contract terms and conditions with the most qualified firm(s) to provide the requested service. If a mutually beneficial agreement with the highest ranked firm is not reached, the District reserves the right to enter into contract negotiations with the next highest ranked firm and continue this process until agreement is reached.

SECTION 5 -- GENERAL TERMS AND CONDITIONS

5.1 AWARD: Contracts will be recommended for award to the vendor deemed the most responsive and responsible and who achieves the highest points through the proposal evaluation process as outlined later in this document under the Method of Evaluation section. In addition, the School Board at its sole discretion, reserves the right to cancel this RFP, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the School Board to do so.

The School Board also reserves the right to make multiple awards, based on experience and qualifications if it is deemed to be in the School Board’s best interest. LCSB reserves the right to negotiate with the highest ranked proposer regarding proposal scope, quality, price and any other issues it considers relevant to successful performance of the services. If an agreement cannot be reached with the highest ranked proposer, LCSB reserves the right to negotiate and recommend award to the next highest proposer or subsequent proposers until an agreement is reached. LSCB reserves the right to add additional vendors to the award after it has been awarded, if all awarded contracts are unable to meet the districts demand.

5.2 CONTRACT: A contract or agreement will be released, after award, for any work to be performed as a result of this RFP. The proposal, negotiated terms, and the contract will constitute the complete agreement between Respondent and Lake County Schools. If Respondent requires an additional contract, then Respondent should include their sample contract as an attachment to the proposal submitted for review.

5.3 CONTRACT TERM: Respondent(s) shall serve at the pleasure of the district for an initial contract period of three (3) years. Terms, and conditions of the base contract will remain for an initial period. This stipulation shall be subject to a thirty (30) day written notice of cancellation by either party. Pricing changes may be requested in writing with supporting documentation on an annual basis at the request of the vendor, any requested increase shall not exceed the Consumer Price Index (CPI) for All Urban Consumers U.S. City Average and is subject to approval from Lake County Schools. The request must be received no later than March 31st for the price change to take effect July 1st of the same year. Respondent agrees to this condition by signing its proposal.

5.4 CONTRACT RENEWAL: Lake County Schools at its sole discretion, may exercise options to extend the contract for up to two (2) additional one-year periods by mutual written consent of both parties. Respondent understands that any rate increases must be requested in writing with supporting documentation, approved by Lake County Schools, and shall not exceed the average CPI for All Urban Consumers U.S. City Average.

5.5 CONFLICT OF INTEREST: All Respondents must disclose the name of any officer, director, or agent who is also an employee of Lake County Schools. All Respondents must disclose the name of any district employee who owns, directly or indirectly, any interest in the Respondents' business or any of its branches.

5.6 MINOR IRREGULARITIES: The School Board reserves the right to waive minor irregularities or technicalities in proposals, and in its sole discretion, request a clarification regarding a proposal(s), providing such action is in the best interest of the School Board. Minor irregularities are defined as those that have no adverse effect on the School Board’s best interests, and will not affect the outcome of the selection process by giving the respondent an advantage or benefit not enjoyed by other respondents.

5.7 PROTEST: Any person who is affected adversely by the decision or intended decision shall file with the Board, through its Purchasing Department, a written notice of protest within 72 hours after the posting or notification. A formal written protest shall be filed within 10 calendar days after filing the notice of protest.

With respect to a protest of the specification contained in an invitation to bid or in a request for proposal, the notice of protest shall be filed in writing within 72 hours after the receipt of the project plans and specification or intended project plans and specification in an invitation to bid or request for proposal (but no later than the time when the bids or responses must be received in order to be considered), and the formal writing protest shall be filed within 10 calendar days after the date the notice of protest is filed. The 72 hours period referred to herein shall not include Saturday, Sundays, or holidays. The work “holiday” shall mean any weekday on which the School Board’s Administrative Offices are closed.

Failure to file a timely formal written protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

The formal written protest shall state with particularity the facts and law upon which protest is based. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to FS 120.7(3)(b), shall post at the time of filing the formal written protest, a bond payable to the School Board of Lake County in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier’s check, certified bank check, bank certified company check, or money order will be an acceptable form of security.

If after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all cost and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney’s fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the District all costs and charges which shall be include in the final order of judgment, excluding attorney’s fees.

Upon receipt of the formal written protest and protest bond which has been timely filed, the District shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final District action, unless the Superintendent sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

5.8 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. In accordance with Section 287.135 of the Florida Statutes, THE SCHOOL BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE SCHOOL BOARD “A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473 defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The School Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List. Notwithstanding the preceding, the School Board reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the School Board determine that the conditions set forth in Section 287.135(4) are met.

Lake County Schools, FL does not discriminate on the basis of race, religion, color, national origin, gender, genetic information, age, disability or marital status in its educational programs, services or activities, or in its hiring or employment practices. The district also provides equal access to its facilities to the Boy Scouts and other patriotic youth groups, as required by the Boy Scouts of America Equal Access Act. Questions, complaints, or requests for additional information regarding discrimination or harassment may be sent to:

David Meyers Manager Employee Relations

Lake County Schools Phone: 352-253-6519

Fax: 352-253-6545 Meyersd@lake.k12.fl.us

An entity or affiliate who has been placed on the discriminatory vendor list, a list published by the State of Florida, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

5.9 PUBLIC ENTITY CRIMES DISCLOSURE: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

5.10 DRUG-FREE WORKPLACE. Whenever two or more RFPs are equal with respect to price, quality, and service, a RFP received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at an additional cost prior to working on the School Board account.

5.11 DAVIS-BACON ACT (34 CFR 80.36(i) (4)) (Where Applicable): All construction contractors and subcontractors must comply with the Davis- Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation. Applies to all construction contracts in excess of $2000 awarded by the District and sub-grantees when required by Federal grant program legislation).

mailto:Meyersd@lake.k12.fl.us

5.12 SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN: Pursuant to Section 287.135, Florida Statue, the bidder, by affixing its signature to this bid, certifies that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. At the option of the Lake County School Board, a contract is subject to termination if the vendor is found to have submitted a false certification as provide in Section 287.135(5) or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

5.13 EQUAL EMPLOYMENT OPPORTUNITY (Where Applicable): Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

5.14 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (Where Applicable): All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5.15 CLEAN AIR AND WATER POLLUTION ACTS (Where Applicable): Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

5.16 DEBARMENT AND SUSPENSION (Where Applicable): SFAs must obtain satisfaction that an FSMC is neither excluded nor disqualified before doing business with the FSMC. The uniform Federal suspension/debarment certification has been abolished and the collection of paper certifications is no longer mandatory. Current rules provide greater flexibility in meeting requirements. An SFA may meet the requirements by any one of three methods. They are:

1. Checking the Excluded Parties List System. This is available on the internet at https://www.sam.gov/ https://www.sam.gov/

2. Collecting a certification that the contractor is neither excluded nor disqualified. Since a Federal certification form is no longer available, an entity electing this method must devise its own certification.

3. Including a clause to this effect in the solicitation/contract.

Example language: The prospective bidder certifies, by submission and signature of this bid, that the bidder complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility and voluntary exclusion. As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR, part 85, as defined at the 34 CFR part 85, sections 85.105 and 85.110-(ed80-0013).

a. The prospective lower tier ($25,000) participant certifies, by submission and of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

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

5.17 BYRD ANTI-LOBBYING AMENDMENT (Where Applicable): Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

5.18 FUNDING AGREEMENT (RIGHTS TO INVENTIONS) (Where Applicable): Rights to Inventions made under a contract or agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

5.19 ENERGY POLICY AND CONSERVATION ACT (Where Applicable): 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 (42 U.S.C. 6201).

5.20 RECOVERED MATERIALS (Where Applicable): A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

5.21 CONTINGENT FEE PROHIBITED. The Proposer warrants that they have not employed or retained any third party other than the Proposer’s employee or agent to solicit or secure an award hereunder and that they will not pay a fee, commission, percentage, gift or other consideration to a third party upon or resulting from the award hereunder. Violation shall constitute a breach of contract and termination of agreement and a deduction from any outstanding obligations for the full amount of the fee, commission, percentage, gift or consideration paid.

Bidder warrants that he/she has not employed or retained any company or person other than a bona fide employee working solely for bidder, to solicit or secure this RFP and that he/she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for proposer, any fee, commission, percentage, gift or any other consideration contingent upon, or resulting, from the award of making of this RFP.

5.22 PAYMENT TERMS: Respondent shall state on the Proposal Price Sheet the Terms and Conditions it will accept for a payment discount. (i.e.: 2% net 30 days, upon receipt of invoice). The district shall not pay Federal Excise and State taxes on direct purchases of tangible personal property.

This exemption does not apply to purchases of tangible personal property made by respondents who use the tangible personal property in the performance of contracts for the improvement of School Board-owned real property as defined in Chapter 192 of the Florida Statutes.

5.23 INVOICES: The successful bidder will be required to submit invoices and reference purchase order numbers on all requests for payment. A separate invoice must be received for each scope of work being performed. LCS Fiscal Year is July 1 through June 30th. Invoices are to be submitted in a timely manner within 30 days of services being rendered. All invoices must be submitted for payment within the same fiscal year that services were rendered. Invoices submitted after June 30th for services rendered through May 30th will not be paid.

Invoices are to be billed by school and by services provided and include:

a) The date the service was performed;

b) Identification, by name or initials, of the person performing the service;

c) A description, with reasonable particularity, of the service;

d) The actual time expended to perform the service provided;

e) The hourly rate applicable to the individual performing the service; and

f) The fee being charged for the task.

5.24 INDEMNIFICATION / HOLD HARMLESS AGREEMENT: Respondent shall indemnify, defend, and hold harmless Lake County Schools, its board members, employees, representatives from and against all claims, suits, actions, damages, losses, expenses, and/or a cause of action, including but not limited to, economic loss, reasonable attorneys’ fees, and expenses, arising out of or in connection with this Agreement, provided that any such claims, suits, actions, damages, losses, expenses, and/or a cause of action, (i) is attributable to any person(s) claiming personal injury, bodily injury, sickness, disease, or death; or damage to tangible property of a third party including the loss of use, (ii) loss of Respondent’s tools and equipment used in connection with this Agreement, and (iii) is caused or incurred in whole or in part by Respondent or any of its subcontractors, agents, or anyone directly or indirectly employed by contractor, subcontractor, agents, regardless if caused in part by Lake County Schools. This indemnification shall not apply to any claims, suits, actions, damages, losses, expenses, and/or a cause of action, arising from Lake County School’s sole gross negligence or intentional misconduct.

Nothing in this Agreement shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of Lake County School’s sovereign immunity protection and limitations of liability pursuant to Section 768.28, Florida Statutes. Any indemnity or assumption of liability by SBOC hereunder shall be subject to Lake County School’s rights to sovereign immunity and any other limitations of liability provided Lake County Schools pursuant to Florida law.

5.25 INSURANCE: At its sole expense, VENDOR shall maintain the following insurance during the contract term and such insurance will apply to VENDOR, its employees, agents, and subcontractors:

5.25.1

i. Comprehensive General Liability insurance in the amount of one million dollars

($1,000,000);

ii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the operations of the VENDOR, in an amount not less than five hundred thousand dollars ($500,000) combined single limit per occurrence for bodily injury and property damage with the SCHOOL BOARD as an additional named insured;

iii. Professional Liability Insurance in the amount of one million dollars ($1,000,000); and

iv. Workers’ Compensation Insurance for all employees of the VENDOR as required by

Florida Statutes. A Waiver of Subrogation in favor of The School Board of Lake County, Florida and its members, officers and employees shall be endorsed onto the workers’ compensation policy.

5.26 “The School Board of Lake County, Florida and its members, officers and employees” shall be listed as an additional insured on the Comprehensive General Liability insurance coverages/policies.

5.27 The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the VENDOR.

5.28 The VENDOR shall ensure that all insurance policies required by this section are issued by companies with either of the following qualifications:

i. The company must be (1) authorized by subsisting certificates of authority by the Department of Insurance of the State of Florida or (2) an eligible surplus lines insurer under Florida Statutes.

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