Agency Term Contract

ATC-25-048

Statewide Water Storage Tank Services

This Contract is between the State of Florida, Department of Corrections (“Department”), and Razorback, LLC (“Contractor”).

WITNESSTH

WHEREAS, the Department and Contractor are collectively referred to herein as “Parties,” and individually as a “Party,” and capitalized terms shall have the meanings assigned to them in EXHIBIT A, unless the context clearly requires a different construction and interpretation;

WHEREAS, the Contractor responded to the Department’s Invitation to Bid (ITB), No.: FDC ITB- 24-011 Statewide Water Storage Tank Services; and

WHEREAS, the Department has accepted the Contractor’s Bid and enters into this Contract in accordance with the terms and conditions of FDC ITB-24-011.

THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree as follows:

I. Scope of Work

The services, commodities, or both, to be provided by the Contractor pursuant to this Contract as defined and described in EXHIBITS A and B.

II. Contract Term

The initial term of this Contract is for five (5) years and shall begin on the last date on which it is signed by all Parties.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed five (5) years, or portions thereof, at the renewal pricing specified in the Contractor’s Bid, upon mutual agreement of the Parties as set forth in the Contract.

IV. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the Parties and supersedes all prior and contemporaneous agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits:

a) EXHIBIT A: FDC ITB-24-011 and all addenda, in reverse order of issuance;

b) EXHIBIT B: PRICE SHEET;

c) EXHIBIT C: Foreign Country of Concern Attestation (PUR 1355);

d) EXHIBIT D: Use of Coercion for Labor and Services (PUR 2024); and

e) EXHIBIT E: Vendor Certification Form (PUR 7801).

In case of conflict, the documents shall have priority in the order listed:

a) The Agency Term Contract;

b) EXHIBIT A: FDC ITB-24-011 and all addenda, in reverse order of issuance; then

c) EXHIBIT B: PRICE SHEET.

V. Amendments

Unless otherwise provided herein, all modifications to this Contract must be in writing and signed by both Parties, except changes to Section VII., Contract Management. Any future amendments of the Contract, which alter the definition of the services or scope of work, shall define the services or scope in the same format as EXHIBIT A.

Amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices

Unless otherwise required herein, the Parties shall provide all notices required or permitted by this Contract in writing by certified mail, return receipt requested, or hand-delivery to the respective Parties. All notices shall be deemed received on the date of delivery.

Changes to Section VII., Contract Management, may be delivered by email to the Contractor's Representative and the Contract Manager. Change notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

VII. Contract Management

The Contract Administrator is:

Contract Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street, Suite 327 Tallahassee, FL 32399-2500 Telephone: (850) 717-3700

Email: ContractAdmin@fdc.myflorida.com mailto:ContractAdmin@fdc.myflorida.com

The Contract Administrator will perform the following functions:

1. Maintain the official Contract Administration file;

2. Write and maintain this Contract and all amendments; and

3. Maintain records of all formal contract correspondence between the Department and the Contractor as provided by the Contract Manager for filing in the Contract Administration file.

The Contract Manager is:

Hans Gregersen, Engineering Specialist IV Bureau of Engineering Services Division of Facilities Management & Building Construction Florida Department of Corrections 600 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3934 Email: Hans.Gregersen@fdc.myflorida.com

The Contract Manager will perform the following functions:

1. Maintain a Contract Management file;

2. Serve as the liaison between the Department and the Contractor;

3. Enforce performance of the Contract terms and conditions;

4. Monitor and evaluate the Contractor’s performance to ensure services conform to the

Contract requirements;

5. Request all amendments, renewals, and terminations of this Contract, and implement management of the Contract change;

6. Exercise applicable remedies, as appropriate, when the Contractor’s performance is deficient; and

7. Evaluate the Contractor’s performance upon completion of this Contract. This evaluation will be placed in the Contract file and will be considered if this Contract is subsequently used as a reference in future procurements.

For each PO issued by the Department, the individual listed as “On Behalf Of” shall serve as a local Contract coordinator, and will perform the following functions:

1. Verify the receipt of deliverables from the Contractor;

2. Review, verify, and approve invoices from the Contractor;

3. Monitor the quality of services and commodities being delivered;

4. Monitor the budget to ensure funds are available through the Contract term; and

5. Serve as the liaison between the Department, Contract Manager, and Contractor relating to quality and delivery.

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. The Contractor shall address all communication relating to the Contract to the Contract Manager.

mailto:stasi.mckenzie@fdc.myflorida.com

The Contractor has assigned the following individuals to serve as the Contractor’s Representative for this Contract:

Contractor’s Representative:

Anthony Houllis

MGRM

177 Anclote Rd Tarpon Springs, FL, 34689 Telephone: (727) 938-9500 Email: anthony@razorbackllc.com

As provided for in Sections V. and VI., the Department will direct all questions and customer service issues concerning this Contract to the Contractor’s Representatives above. It will be the Contractor’s Representative’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues.

The Contractor must provide notice to the Contract Manager, as set forth in Section VI., if a new employee is designated as the Contractor’s Representative for this Contract.

VIII. Termination

A. Termination at Will

Either Party may terminate this Contract at will upon no less than 30 Days’ written notice unless a shorter period is mutually agreed upon by both Parties. A Party shall deliver notice by certified mail (return receipt requested), by other delivery methods whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Due to Lack of Funds

If funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours’ written notice to the Contractor. The Department will deliver notice by certified mail (return receipt requested), by other delivery methods whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, the Department may terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach within 30 Days upon written notice by the Department. Any breach of this Contract still left uncured by the Contractor after the Department has elected to provide 30 Days to cure (remedy) may result in the Department's termination of this Contract upon 24 hours’ written notice to the Contractor. If the Department does not elect to allow the Contractor to cure a breach (e.g., instances of egregious Contractor conduct or other Contractor actions which may be harmful to the Department), the Department may immediately terminate this Contract for cause, upon 24 hours’ written notice to the Contractor, as described in this section. Notice shall be delivered by certified mail (return receipt requested), by mailto:anthony@razorbackllc.com other delivery methods whereby an original signature is obtained, or in person with proof of delivery. If applicable, the Department may employ the default provisions in Section 287.1351, F.S. The provisions herein do not limit the Department's right to remedies at law or in equity.

D. Termination for Unauthorized Employment

The Contractor’s violation of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

E. Termination for Use of Forced Labor

In accordance with Section 287.1346(4)(a)2., F.S., if the Contractor is placed on the Forced Labor Vendor List, the Department may terminate this Contract immediately for cause.

IX. Assignment

The Contractor shall not assign its duties or rights under this Contract to another Party without the Contract Manager’s prior written approval. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon providing written notice to the Contractor.

X. Price Decreases

The Contractor shall apply to the Department any price decrease effectuated during the Contract term by reason of market change or special sales offered to other customers.

Such a price decrease applies regardless of whether any related equipment is rented or leased by the Department under the Contract. Price increases are rejected unless otherwise stated. All prices are firm and shall be held for the duration of the Contract term.

XI. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete services and commodities, when considered to be in its best interest and general scope of the Contract. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions, satellite facilities, or both, to the list of delivery locations.

XII. Other Conditions

A. Public Records

The Contractor agrees to (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this Chapter or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and Section 119.071, F.S.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to the Contract, contact the custodian of public records at:

Florida Department of Corrections

ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-9774 Fax: (850) 922-4355 Website:

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw 1eymm15f4x))/SupportHome.aspx

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintain confidentiality with reference to commodities and services in accordance with applicable local, State, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and State statutes and regulations adopted pursuant thereto.

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx

The Contractor agrees to keep all Department personnel information (i.e. Department staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person or entity, unless released to do so, in writing, by the Department.

C. Disputes

Any dispute arising from this Contract shall be resolved informally by the Parties. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Chief Financial Officer (CFO), or designee. The Department’s CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Contractor’s Representative, the Contract Manager, and the Contract Administrator.

D. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of the Contract. This shall include, but is not limited to, worker’s compensation, general liability coverage, and property damage coverage. The Department must be included as an additional named insured on the Contractor’s Commercial General Liability and Automobile insurance policies related to the Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under the Contract. Upon execution of the Contract, the Contractor shall furnish the Department’s Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a State agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, F.S.

E. Independent Contractor Status

The Contractor is an independent contractor in the performance of its duties and responsibilities under this Contract. The Department shall neither have nor exercise any control or direction over the methods by which the Contractor shall perform its work and functions other than as provided herein. This Agreement is not a partnership or a joint venture between the parties.

F. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any unforeseeable delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, pandemics, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

G. Annual Appropriation

The State’s and the Department’s duty to pay for commodities or services under this Contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for payment under this Contract.

H. Cooperation With the Inspector General

In accordance with Section 20.055(5), F.S., the Contractor, and any subcontractor, understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning the Contract.

I. Cooperation with the Florida Legislature

In accordance with Section 287.058(7), F.S., the Contractor agrees to disclose any requested information relevant to the performance of the Contract to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

J. Employment of Department Personnel

The Contractor shall not knowingly engage, employ, or utilize, on a full-time, part-time, or another basis, any current or former employee of the Department, during the term of the Contract, where such employment conflicts with Section 112.3185, F.S.

K. Prison Rape Elimination Act (PREA)

The Contractor shall comply with the national standards to prevent, detect, and respond to prison rape under PREA, Federal Rule 28 C.F.R. Part 115. The Contractor’s employees who will enter the secured perimeter shall also comply with all Department policies and procedures that relate to PREA (see FDC Procedures 602.053) and immediately report any suspected/reported PREA violations as advised of and agreed to in the NI1-127 form.

L. Scrutinized Companies Contractor Certification

In executing this contract, the Contractor certifies the following:

1. If a contract is for goods or services of any amount, the Contractor certifies:

• It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S.; and

• It is not currently engaged in a boycott of Israel in accordance with Section 287.135(2)(a), F.S.

2. If a Contract for goods or services could be at or above $1 million, the Contractor also certifies:

• It has completed DMS Form PUR 7801.

3. The Contractor understands the following:

• The Department may, on a case-by-case basis, make exceptions to these requirements as permitted in Section 287.135(4), F.S.; and

• An unsuccessful vendor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance with Section 287.135(6), F.S.

4. The Contractor understands the following:

In executing this Contract, the Contractor has completed DMS Form PUR 1355, DMS Form PUR 7801, and DMS Form PUR 2024, as evidenced in EXHIBITS C, D, and E.

[Remainder of Page Left Blank Intentionally]

EXHIBIT A

FDC ITB-24-011

Invitation to Bid (ITB)

Statewide Water Storage Tank Services

FDC ITB-24-011

Tammy Shaw, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

Table of Contents

SECTION 1: Definitions SECTION 2: Introduction

2.1 Overview

2.2 ITB Timeline

SECTION 3: Key Information

3.1 Background

3.2 Statement of Purpose

3.3 ITB Outcome

SECTION 4: Statement of Work

4.1 Scope of Work

4.2 Warranty

4.3 Performance Measures and Financial Consequences

4.4 Performance, Labor and Materials Payment Bonds

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.5 Other Vendor Requirements

5.6 Public Bid Opening

5.7 Bid Evaluation

5.8 No Prior Participation or Conflict of Interest

5.9 Protest Procedures

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

6.2 Environmental Considerations

6.3 Intellectual Property

6.4 Insurance

6.5 PCard Payments

6.6 Special Conditions

Attachment I – Price Sheet Attachment II – Vendor's Contact Information Attachment III – Certification of Drug-Free Workplace Program Attachment IV – Security Requirements for Contractors Attachment V – Foreign Country of Concern Attestation (PUR 1355) Attachment VI – Forced Labor Vendor Attestation (PUR 2024) Attachment VII – Pass/Fail Requirement Certification And Non-Collusion Certification Attachment VIII – Vendor Certification Form (PUR 7801) Attachment IX – Water Storage Tank Service Locations

SECTION 1: Definitions The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Agency Term Contract (ATC or Contract): The written Contract between the Department and the successful Vendor, which results from this ITB and is mandatory for use by the entire Department.

1.2 Bid: A Vendor’s response to this ITB.

1.3 Breach of Contract: A failure of the Contractor to perform services or provide commodities in accordance with the terms and conditions of any Contract which may result from this ITB.

1.4 Business Day and Hours: Monday through Friday from 8:00 a.m. to 5:00 p.m., Local

Time, excluding State holidays or other official closures.

1.5 Contract Manager: The Department employee, or designee, who will serve as a liaison between the Vendor and Department under the Contract and will monitor the Contractor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

1.6 Contractor: The successful Vendor awarded a Contract to perform services or provide commodities to the Department.

1.7 Correctional Institution: Any prison or other facility, temporary or permanent, in which

Inmates are housed under the custody of the Department including main units, annexes, road prisons, work camps, forestry camps, community release centers, re-entry centers, and any other satellite facilities.

1.8 Corrective Action Plan (CAP): A Vendor’s written comprehensive plan to remedy deficiencies discovered in the course of Contract monitoring and/or discovered at any time during the term of the Contract.

1.9 Day: A calendar day, unless otherwise noted.

1.10 Deliverables: Those services, items, and/or materials provided, prepared, and delivered to the Department in the course of Contract performance.

1.11 Department or FDC: The Florida Department of Corrections.

1.12 Emergency Services: A situation in which maintenance and repair services are immediately required of the Contractor due to the malfunction or breakdown of a Water Storage Tank that may threaten the health and/or welfare of FDC inmates and staff.

Emergency service requests require immediate response by the Contractor during and after regular business hours, weekends, and holidays.

1.13 Holidays: Refers to State Holidays or other official closures.

1.14 Inmate: A person residing in a Correctional Institution who is incarcerated by the

Department.

1.15 Material Deviation(s): A deviation from the requirements and specifications herein, which, in the Department’s sole discretion, is not in substantial accord with the requirements and specifications, provides a significant competitive advantage to a single Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.16 Minor Irregularity: A variation from the requirements and specifications herein that does not give the Vendor a significant competitive advantage or benefit not enjoyed by other Vendors, and does not adversely impact the Department’s interests.

1.17 Non-Emergency Repairs: Any and all repair work in which the Water Storage Tank is still operable; however, if the repairs are not made, the Water Storage Tank may be further damaged or become inoperable.

1.18 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

1.19 Purchase Order (PO): A legal form issued to the Vendor through MyFloridaMarketPlace Ariba on Demand (MFMP AOD), which is used by the Department to make purchases under the Contract.

1.20 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the

Contract requirements and the integrity and reliability that will assure good faith performance.

1.21 Responsive Bid: A Bid submitted by a Responsible Vendor that conforms to all material aspects of this ITB.

1.22 Service Locations(s): Any Correctional Institution’s site receiving Water Storage Tank maintenance and repair services:

1.23 State: State of Florida.

1.24 Subcontract: An agreement entered into by the Vendor with any other person or organization, to perform any obligation or duty on behalf of the Vendor, specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the Contract resulting from this ITB. Subcontracts do not relieve the Vendor of any obligation or duty under the resultant Contract and shall not serve as a replacement for the Vendor in performance of that Contract.

1.25 Subcontractor: An individual, firm, or corporation that holds a Contract with the

Contractor or any other Subcontractor to perform any obligation or duty on behalf of the Vendor, specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the Contract resulting from this ITB.

1.26 Vendor: A legally qualified corporation, partnership, or other business entity submitting a

Bid to the Department in response to this ITB.

1.27 Water Storage Tanks: All concrete and steel ground-level, elevated, and hydropneumatic Water Storage Tanks.

1.28 Weekend: As referred herein, Saturday and Sunday.

SECTION 2: Introduction

2.1 Overview

The Department needs to purchase services for the maintenance, repair, rehabilitation, and occasional demolition of Water Storage Tanks for Correctional Institutions throughout the State. Previously, the Department procured these services through Request for Quotes, and orders were made through MFMP AOD.

2.2 ITB Timeline

The Department has established the following Timeline for this ITB. Each Vendor must adhere to this Timeline and any Timeline revision(s). The Department will post any Timeline revision as an addendum to the ITB advertisement in accordance with Section

3.2.1 of this ITB. Vendors are solely responsible for monitoring the VIP website for addenda relative to this ITB. All references to the “Timeline” herein refer to the Timeline in this Section. All times below are Eastern Time (E.T.).

Event Occurrence Location (if applicable)

ITB Advertised November 6, 2024 Vendor Information Portal https://Vendor.myfloridamarketplace.com/

Deadline for Vendors to Submit Questions and Requests to bid

Equivalent Items (if applicable)

November 20, 2024, By 5:00 p.m.

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Tammy Shaw Subject: FDC ITB-24-011

Statewide Water Storage Tank Services

Anticipated Date the Department will

Advertise its Answers to Vendors' Questions

December 17, 2024

Vendor Information Portal https://Vendor.myfloridamarketplace.com/

Bid Deadline and Time of the Department’s

Public Bid Opening

January 7, 2025, at 2:00 p.m.

Florida Department of Corrections Attn: Tammy Shaw

FDC ITB-24-011

Statewide Water Storage Tank Services 501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Date the Department will Advertise its Notice of Agency Decision

February 4, 2025

Vendor Information Portal https://Vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

SECTION 3: Key Information

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the FDC has approximately 24,000 full-time employees, incarcerates approximately 80,000 inmates, and supervises nearly 145,000 offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major Correctional Institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and community release centers. The Department’s Office of Community Corrections monitors and supervises adult offenders out of 130 offices within 20 judicial circuits. The Department divides its operations geographically into four (4) regions:

Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida). Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

3.2 Statement of Purpose

The purpose of this ITB is to secure Responsive Bids from Responsible Vendors to provide quality Water Storage Tank services, including maintenance, rehabilitation, renovation, and occasional demolition, and ensure their regulatory compliance for Correctional Institutions throughout the State. The Department is issuing this ITB to establish one or more new Contract(s). Service locations may be found in Attachment IX, Water Storage Tank Service Locations, of this ITB.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the Vendor Information Portal (VIP), if it needs to change, supplement, modify, or revise any portion of its contents or exhibits, attachments, or other materials, it will advertise supplemental information as an addendum to this ITB on the VIP. Interested parties are solely responsible for monitoring the VIP website for addenda relative to this solicitation.

3.2.2 Order of Precedence

All Bids are subject to the terms of this ITB, which in case of conflict shall have the following order of precedence:

a) ITB addenda, in reverse order of issuance;

b) This ITB document, including any attachments or exhibits;

c) Form PUR 1000, referenced in Section 5.1 of this ITB; then

d) Form PUR 1001, referenced in Section 5.1 of this ITB.

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

As a result of this ITB, the Department will award the successful Vendor(s) a Contract up to five (5) years. The awarded Contract(s) may be renewed for up to five (5) additional years, or portions thereof, in accordance with Section 287.057(14), Florida Statutes (F.S.). Contract pricing will be fixed, as specified in the Vendor’s completed Attachment I, Price Sheet.

3.3.2 Invoicing Requirements

a) In accordance with Section 215.422, F.S., the Vendor shall provide a single invoice detailing all applicable fees, including labor, materials, and parts in arrears for each Water Storage Tank maintenance service, repair, or project completed. All maintenance and repair services shall require a separate quote from the Vendor, and a separate PO must be submitted to the Department.

b) All invoices shall be on the Vendor’s company letterhead and must include the Vendor’s name, mailing address, Federal Employer Identification Number (FEIN), Contract number, and PO number. The dates of service shall be outlined on the invoice, as well as labor for services and repairs, materials, parts, and incidentals. Invoices shall detail services performed including the facility name, physical location, a description of the Water Storage Tank and size, and related services completed. The Vendor shall provide supporting documentation with each invoice, including parts and materials, as well as employee time records. All documents must be in English.

c) Invoices shall be submitted within 30 Days following the completion of each maintenance service, repair, or project. Invoices not submitted within 30 Days will require written justification from the Vendor and approval from the Department.

d) The Vendor shall provide the Department with a monthly invoice statement reflecting all paid and unpaid invoices.

3.3.3 Substitutions

The Vendor(s) shall provide only the services listed in Attachment I, Price Sheet, and all services must be pre-approved by the Department. Services provided without prior approval shall be at the Vendor's expense and may lead to termination of the Contract.

3.3.4 Additions and Deletions of Water Storage Tanks

a) The Department retains the right to add or delete any Water Storage Tank located within the contracted Region(s) for services outlined under this Contract, without an amendment to the Contract, upon notification to the Vendor by the Department’s Contract Manager or designee.

b) The Department’s Contract Manager or designee shall attempt to provide official written notification to the Vendor 30 Days prior to any Water Storage Tank being added to the Contract; however, the Vendor agrees that should any of the Vendor’s personnel receive an Emergency or non-Emergency Service call from the Department requesting services on a Water Storage Tank located within the contracted Region(s) that is not explicitly listed in this Contract, the Vendor shall perform any services as outlined in this Contract as if the Water Storage Tank is listed and notify the Department’s Contract Manager or designee as outlined in Section 4.1.9, Emergency Service Calls or Section 4.1.10, Non-Emergency Service Calls. The Department’s Contract Manager or designee shall respond in writing with official notification of the addition of the Water Storage Tank to the Contract, and the Vendor shall be compensated for services provided in accordance with Attachment I, Price Sheet.

c) The Department’s Contract Manager or designee shall provide official written notification 30 Days prior to removing a Water Storage Tank or Service Location from coverage under this Contract.

d) Upon request by the Department, the Vendor shall provide any services outlined under this Contract to additional Water Storage Tanks located within the contracted Region(s), of the same types and sizes, and at the same fees as listed in Attachment I, Price Sheet.

3.3.5 Subcontracts

With prior written consent from the Department, the Vendor may enter written subcontracts to fulfill its Contract duties as indicated in this ITB. The Vendor must disclose anticipated subcontracts at the time of Bid submission and must provide a copy of the proposed subcontract to the Department with its Bid. No subcontract into which the Vendor enters for the performance of its duties under the Contract shall in any way relieve the Vendor of responsibility or liability associated with the performance of its Contract duties. All Subcontractors shall comply with the Contract requirements to the same extent as the successful Vendor, including requirements regarding background checks and other security measures.

If a Subcontractor is utilized by the Vendor, the Vendor shall pay the Subcontractor within seven (7) Business Days after receipt of full or partial payments from the Department, in accordance with Section 287.0585, F.S. The Department shall not be liable to any Subcontractor for any expenses or liabilities incurred under any subcontract. The Vendor shall be solely liable to the Subcontractor for all expenses and liabilities under the Contract. The Vendor’s failure, without reasonable cause, to pay a Subcontractor within seven (7) Business Days will result in a penalty to be paid by the Vendor to the Subcontractor in the amount of 0.5% of the amount due per Day past the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

All subcontracts shall comply with the Department's Procedure 205.002 "Contract Management", and shall include the items noted below:

• Identity of the Subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

• Qualifications of the Subcontractor;

• License(s) and certification(s) provided by the Subcontractor, required to perform the subcontracted services; and

• Include the specific clauses noted below from the Contract between the

Contractor and the Department:

o Cooperation with the Inspector General o Cooperation with the Florida Senate and the Florida House of

Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all Subcontractor agreements must include a statement from the proposed Subcontractor acknowledging acceptance of and intent to be bound by the Contract terms included in the Contract between the Department and the Contractor. See also Section 6.6.2, related to E-Verify.

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SECTION 4: Statement of Work

4.1 Scope of Work

The Vendor shall provide Water Storage Tank maintenance, rehabilitation, renovation, and occasional demolition services in compliance with all local, State, and federal regulations for Correctional Institutions throughout the State as specified in this ITB.

Attachment I, Price Sheet, reflects the requirements for the services sought. The Vendor must Bid only on the services specified in this ITB. The services sought in this ITB will be considered Deliverables in the Contract.

4.1.1 General Description of Services

The Vendor shall be responsible for services and tasks that include, but may not be limited to the following:

a) Performing annual inspections of each Water Storage Tank;

b) Performing repairs discovered through annual inspections;

c) Cleaning Water Storage Tank interiors as needed, but at a minimum every five (5) years per Florida Department of Environmental Protection (DEP) requirements;

d) Sandblasting and recoating Water Storage Tank interiors as needed, but at a minimum every 15 years per DEP requirements;

e) Pressure washing and recoating Water Storage Tank exteriors as needed, but at a minimum every eight (8) years per DEP requirements;

f) Repairing and replacing structures and parts as needed; and

g) Performing demolition of Water Storage Tanks and towers as needed.

4.1.2 Minimum Qualifications:

The Vendor must demonstrate a minimum of 10 years of experience in the water storage tank services business relative to this ITB and have no pending legal cases against its company. Vendors shall submit written documentation detailing their relevant experience along with written references, including contact information, from a minimum of five (5) current clients; a copy of their Certificate of Authority to do business in the State of Florida; and a notarized statement attesting they have no pending legal cases against their company.

4.1.3 References, Specifications, and Standards

In addition to compliance with all requirements outlined in the resultant Contract, the Vendor shall ensure all surface preparation, coating, and painting of the interior and exterior surfaces of Water Storage Tanks conform to the applicable requirements of the following regulations, specifications, and standards:

a) Manufacturer’s printed instructions;

b) Occupational Safety and Health Standards Administration (OSHA) 29 CFR

1910.1025: Lead Exposure and CFR 1910.268: Telecommunication Standards;

c) The Society for Protective Coatings (SSPC);

d) Steel Structures Painting Council;

e) American Water Work Association (AWWA) D102-97: Standard for Coating

Steel Water Storage Tanks and C652-92: Standard for Disinfection of Water Storage Facilities;

f) American National Standards Institute (ANSI)/National Sanitation Foundation (NSF) Standard 61/600 Certification Standards;

g) Metal Ladder Manufacturer’s Associations – Specification for Ladders and Scaffolds;

h) Underwriter’s Laboratory (UL) requirements for ladders and scaffolds;

i) Resource Conservation and Recovery Act (RCRA);

j) Toxic Characteristic Leaching Procedure (TCLP); and

k) Workmanship and materials shall be in accordance with the best standard practice for work of this type and shall conform to the latest DEP, State Fire Marshall, county, State, and federal codes, regulations, and standards.

4.1.4 Contractor Responsibilities

The Contractor shall provide all of the necessary skilled labor, equipment, materials, incidentals, and professional services, and obtain any licenses and permits required to successfully perform the following tasks and services, which are identified as Contractor responsibilities for purposes of the resultant Contract:

A. Staffing Requirements The Contractor shall employ a sufficient number of staff and qualified technicians to ensure the requirements outlined within this ITB are successfully met as follows:

a) Must directly employ an administrative contact located within 150 miles of each Service Location who is qualified to analyze issues and provide quick, reliable feedback on necessary repairs and perform on-site maintenance services requested by the Department;

b) Must directly employ a licensed professional engineer experienced in the design/building elements of all types of Water Storage Tanks;

c) Ensure technicians are thoroughly trained and skilled in necessary crafts and fully knowledgeable on the specific standards and methods required to complete projects in accordance with the terms of this ITB;

d) Upon request by the Department, provide written documentation identifying the name and address of the designated administrative contact person as well as a list of the key personnel assigned to work on any project resulting from this Contract, including their associated tasks, a copy of their resumes outlining related job experience, and copies of their relevant licenses and certifications to the Department’s Contract Manager or designee within an agreed-upon timeframe;

e) Ensure all staff have received background checks and proper clearance prior to being dispatched to a Correctional Institution to provide services;

f) Maintain direct oversight and full responsibility for all contractual services provided in accordance with this ITB;

g) Ensure all staff providing services under this Contract speak and understand English well enough to allow effective communication with Department staff; and

h) Ensure its staff effectively communicate with, are responsive to, and maintain good working relationships with Department employees and representatives.

The Department reserves the right to disallow any of the Contractor’s staff into any Correctional Institution.

B. Inspections and Evaluations The Contractor shall provide trained personnel or a qualified Subcontractor, directly supervised by the Contractor, to perform annual Water Storage Tank inspections and evaluations as follows:

a) Inspections shall be conducted in accordance with ANSI/AWWA D101-53 (R86), Inspecting and Repairing Steel Water Tanks, Sandpipes, Reservoirs, and Elevated Tanks for Water Storage.

b) Inspection observations shall be documented in a concise annual inspection report, along with supporting photographs, and submitted to the Department’s Contract Manager or designee within 30 Days following completion of the inspection.

c) Each Water Storage Tank shall be physically inspected, at a minimum, once in any 12-month period. If conditions warrant, additional physical inspections shall be performed at no additional cost to the Department.

d) Water Storage Tank repairs and/or renovations shall be inspected for regulatory compliance and quality. A qualified representative of the Contractor, acceptable to the Department, must perform physical inspections.

e) Compliance with regulatory standards and guidelines shall be documented in a single-page Regulatory Compliance Report, along with supporting photographs, and submitted to the Department’s Contract Manager or designee within 30 Days following completion of the compliance inspection.

C. Washout Disinfection Services The Contractor shall provide Water Storage Tank washout and disinfection services, including but not limited to the following:

a) Each Water Storage Tank shall be inspected, washed out, and disinfected following AWWA C652 Standards, or as often as local conditions require.

b) Washouts shall be performed following AWWA C652-86 Spray Method 3 Standards for Potable Water Tank Disinfecting.

c) All observations shall be documented in a concise report, along with supporting photographs, and submitted to the Department’s Contract Manager or designee within 30 Days following a completed inspection.

d) A five (5) year inspection report shall be completed, signed, and sealed by a Florida Licensed Engineer as required by DEP and provided to the Department or the Department’s designee within 30 Days following inspection.

D. Surface Preparation:

Cleaning and preparation procedures shall be performed in accordance with manufacturer’s instructions for each substrate condition.

Prior to over-coating, surface areas shall be washed with clean water at a minimum pressure of 4,000 PSI. Each pressure washer shall be equipped with constant-speed turbo nozzles and used in all areas where the coating adherence is questionable. Use of standard fan-type nozzles on pressure washers will be acceptable when conditions warrant. All rusted areas must be power tool cleaned and hand wire brushed, at a minimum, to guarantee adhesion prior to primer application. All rusted areas shall be cleaned prior to priming.

E. Paint Application:

The Contractor shall ensure paint coatings are applied in accordance with the manufacturer’s safety data sheet (SDS) as specified herein:

a) Maintain proper ventilation in work areas to alleviate volatile solvents evaporating from coating materials;

b) Coatings shall be applied using a brush, roller, mitt, or sprayer in accordance with the Scope of Work and the manufacturer’s SDS. All coatings shall be applied evenly to form a smooth, continuous, unbroken coating. Drips, runs, sags, or pinholes shall not be acceptable;

c) Provide all the appropriate equipment, materials, and tools necessary to successfully complete each project, including ladders, scaffolding, and masking material; and

d) Ladders and scaffolding shall meet or exceed all UL and Metal Ladder Manufacturer’s Association requirements.

F. Exterior Recoating of Steel Tanks The Contractor shall properly prepare and recoat the exterior surface of steel Water Storage Tanks utilizing appropriate standards and methods in accordance with all local, State, and federal regulations, including the following:

a) Pressure wash all exterior surfaces using, at minimum, a 4,000 PSI pressure washer;

b) Clean all rusted areas using scrapers, hand, and power wire brushes in accordance with SSPC-SP2: Hand Tool Cleaning and SSPC-SP3: Power Tool Cleaning;

c) Apply one (1) spot prime coat of an epoxy-mastic primer to all bare metal surfaces at 2.5 mils to 3.5 mils dry film thickness; and

d) Apply one (1) full finish coat of polyurethane paint to all exterior surfaces at a dry film thickness of 2.0 mils to 3.0 mils.

G. Interior Recoating of Steel Tanks The Contractor shall properly prepare and recoat the interior surface of steel Water Storage Tanks utilizing appropriate standards and methods in accordance with all local, State, and federal regulations, including the following:

a) Abrasive blast all interior rusted surfaces to bare metal in accordance with SSPC-SP10: Surface Preparation Standard, Near White Metal Blast Cleaning. Abrasive blast all remaining interior surfaces in accordance with SSPC-SP7: Surface Preparation Standard, Brush-Off Blast Cleaning;

b) Apply a full prime coat of epoxy that is NSF approved for contact with potable water to all interior surfaces to 4.0 mils to 6.0 mils dry film thickness;

c) Apply a “strip coat” of epoxy that is NSF approved for contact with potable water to all weld seams and ladders using paint brushes and/or rollers;

d) Apply a full finish coat of epoxy that is NSF approved for contact with potable water to all interior surfaces at 4.0 mils to 6.0 mils dry film thickness;

e) Caulk unwelded roof lab seams using Sikaflex 1a polyurethane caulk;

f) Test abrasive blast debris for the eight (8) RCRA heavy metals using the

TCLP method; and

g) Dispose of abrasive blast debris in accordance with federal, State, and local regulations.

H. Exterior Recoating of Concrete Tanks The Contractor shall properly prepare and recoat the exterior surface of concrete Water Storage Tanks utilizing appropriate standards and methods in accordance with all local, State, and federal regulations, including the following:

a) Pressure-wash all exterior surfaces using, at minimum, a 4,000 PSI pressure washer; and

b) Apply two (2) full-finish coats of acrylic paint to all exterior surfaces at 1.5 mils to 2.5 mils dry film thickness per coat.

I. Interior Washout and Recoating of Piping and Manways of Concrete Tanks The Contractor shall perform washout services and recoat the interior surfaces of all piping and manways of concrete Water Storage Tanks utilizing appropriate standards and methods in accordance with all local, State, and federal regulations, including the following:

a) Abrasive blast all interior piping and manway surfaces in accordance with SSPC-SP10: Surface Preparation Standard, Near White Metal Blast Cleaning;

b) Apply a full prime coat of epoxy that is NSF approved for contact with potable water to all interior surfaces at 4.0 mils to 6.0 mils dry film thickness;

c) Apply a full finish coat of epoxy that is NSF approved for contact with potable water to all interior surfaces at 4.0 mils to 6.0 mils dry film thickness;

d) Test abrasive blast debris for the eight (8) RCRA heavy metals using the TCLP method;

e) Dispose of abrasive blast debris in accordance with federal, State, and local regulations;

f) Wash out the interior of the tank to remove accumulated sediment. Clean interior floor surfaces and shell wall surfaces using, at minimum, a 4,000 PSI…