FIRST AND FINAL ADDENDUM RFP FOR ROOFING SERVICES FOR DISASTER RECOVERY ASSISTANCE

THE SCHOOL DISTRICT SHARON SWAN ARTHUR C. JOHNSON, Ph.D. OF PALM BEACH COUNTY, FLORIDA DIRECTOR SUPERINTENDENT CONSTRUCTION PURCHASING DEPARTMENT 3661 INTERSTATE PARK ROAD NORTH, SUITE 200 RIVIERA BEACH, FL 33404 (561) 882-1949 FAX: (561) 882-1975 DATE: APRIL 16, 2010 TO ALL PROPOSERS: FIRST AND FINAL ADDENDUM RFP FOR ROOFING SERVICES FOR DISASTER RECOVERY ASSISTANCE PLEASE NOTE PROPOSALS DUE ON OR BEFORE April 30, 2010 NO LATER THAN 2:00 P.M., at: The School District of Palm Beach County, Florida Construction Purchasing Department 3661 Interstate Park Road North, Suite 209 Riviera Beach, FL 33404 The following pages have been revised as indicated and are attached. 00040-1, 00040-2, 00040-3, 00400-1 and 00400-2 The following are answers to the questions received by the cutoff date. 1. Q. It is stated that when services are required, a minimum of three (3) awarded contractors will be provided a scope of work, as delineated in a Short Form Agreement (Exhibit H), for a project and requested to submit a quote, within a specified period of time, for the total cost to complete the Scope of Work. What criterion determines which contractors will receive the request to submit a quote? A. Please refer to the attached revised pages. 2. Q. Article 3 - Time Schedule: The Evaluation Committee Meeting is scheduled for May 11 and is open to public attendance. Has the time and location been determined as it is not listed. A. Time and location are found in Section 00030, Legal Advertisement, Schedule for Selection. The Evaluation Meeting will be held on May 11, 2010 @ 9:00 a.m., at 3661 Interstate Park Road North, #200, Riviera Beach, FL 33404, Presentation Room PM129. Mark Moon, Selection Committee administrator E-mail: moonm@palmbeach.k12.fl.us Ph: (561) 882-1955 Attachments: Revised Pages: 00040-1 00040-2 00040-3 00400-1 00400-2

SECTION 00040 ARTICLE 1 SCOPE 1.1 A specific scope of work for Roofing Contractor services will be provided for each project on an as needed basis in the event of a Disaster. ARTICLE 2 AWARD OF CONTRACTS 2.1 Contracts may be awarded to each of the fifteen (15) Top Ranking Proposers established by the Evaluation Process specified in Section 00300 to provide services described in the Scope of Work to establish a pool of available Roofing Contractors (Contractors). 2.2 The term of each contract will commence the day following award by the School Board and shall be for a three (3) year term, with the option to renew for two (2) additional one (1) year periods. 2.3 No guarantee of the dollar amount Work resulting from contract award is implied or given, nor is there any guarantee of Work. 2.4 A Contract is conditioned upon receipt of a completed and executed Beneficial Interest and Disclosure of Ownership Affidavit, Form PBSD 1997 (Exhibit F) no more than three (3) days following completion of the Evaluation Process. If the selected Proposer has not provided this Form within in the time specified, the Owner may remove the Proposer from the recommendation for award. 2.5 When services are required, awarded Contractors will be provided a Scope of Work for a Project and requested to submit a quote, within a specified period of time, for the total cost to the complete the Scope of Work. Within the first 70 hours following an event, assignments will be based on the availability of firms able to mobilize and respond, the Work required and the ability of the firms to provide the services required to complete the Work. It is the intent of the District, to the extent possible as allowed by conditions at the time, to allocate this portion of the Work as evenly as possible among all firms however, the primary responsibility of District personnel is to insure all facilities are secure and watertight to mitigate damages due to water intrusion. Once all of the affected facilities are made to be watertight, Work for permanent repair will be awarded on a per project basis using a competitive process among all contracted firms. All quotes must provide costs for labor, materials, installation and equipment necessary to deliver a 100% completed Project. The quote shall not include additional charges for consultation or design on any particular Project. Work will be assigned to the awarded Contractor that submits the lowest quote within the time specified by the District. Exceptions to the requirement for receiving quotes will be made when the estimated cost of repair is estimated to be $10,000 or less. or when an emergency situation is in effect. In these situations, Work will be rotated among all the awarded vendors who are ready, willing and able to provide services for disaster recovery assistance. 2.6 RS Means is the only pricing method for performing Work or providing a quote that is acceptable to the District and auditable by the Federal Emergency Management Agency. All quotes shall utilize the current RS Means pricing in effect at the time services are rendered. 2.7 The School District of Palm Beach County reserves the right to reject any or all offers or to accept any offers which is in its best interest. The School District also reserves the right to waive any informalities, irregularities and technicalities in procedure. 2.8 The School District of Palm Beach County reserves the right, before awarding any contract, to require a firm to submit such evidence of qualifications and any current or updated information that was requested in the RFP as it may deem necessary, and may consider any information available to it of the financial, technical, and other qualifications and abilities of a proposer, including past performance with other governmental/educational agencies. Proposers are advised that requests for additional information or site visitations are not to be construed as an indication that a proposer will receive or is in the best position to receive a contract award. 2.9 The School District reserves the right to cancel the contract, or portions thereof, without penalty at any time. REVISED 00040-1

2.10 The Proposer meeting specifications, terms, and conditions and being designated as having submitted an Approved Proposal shall be a Florida licensed Contractor and be authorized to perform services in the city of their domicile and in Palm Beach County. The proposer shall provide proof, in the form of licenses and certificates in their proposal. 2.11 It is necessary for the proposer to carefully consider each item, and make sure that each item meets the requirements and specifications as indicated. 2.12 Questions concerning the Request For Proposal shall be submitted through BidSync @ www.bidsync.com. The cut-off for questions is April 15, 2010, @ 2:00 PM. All questions submitted shall be held until such time as they are compiled and answered in the form of Written Addendum, which will be released via BidSync, on or before April 21, 2010. ARTICLE 3 TIME SCHEDULE 3.1 The School District will use the following time lines which will result in selection of qualified firms. Dates are subject to change if necessary. April 15, 2010 Cut-off for Request For Proposal questions -no later than 2:00 p.m. April 21, 2010 Final Addendum will be issued April 30, 2010 Proposals due no later than 2:00 p.m. May 11, 2010 Evaluation Committee Meeting (open to public attendance) May 13, 2010 Post Meeting Tabulation June 2, 2010 Board Approval of Contract** A representative from each Proposer s firm is encouraged to attend the Evaluation Committee Meeting to respond to questions from the selection committee or clarify information contained in the Proposal. ARTICLE 4 DELIVERY 4.1.1 This project shall be completed and delivered to the Owner under the time constraints stated in the RFP and/or contract Documents. ARTICLE 5 INSTRUCTIONS TO PROPOSERS 5.1 Proposals not conforming to the instructions provided herein shall be subject to disqualification at the option of the Owner. 5.2 Proposals shall be submitted to the Construction Purchasing Department, School District of Palm Beach County, North County Service Center, 3661 Interstate Park Road North, #200, Riviera Beach, FL 33404-5906, on or before 2:00 p.m., on April 30, 2010. If a Proposal is transmitted by U.S. Mail or other delivery medium, the Proposer shall be responsible for its timely delivery to the designated School District office. Proposals received after the stated time and date shall not be considered and will be returned to the Proposer. The official recording of time for receipt of Proposals delivered will be the date/time stamp from the clock located in the Construction Purchasing Department. The Proposer shall submit one (1) printed hard copy and one CD containing the items specified in Sections 1, 2 and 3 of Paragraph 5.7 5.4 with tabbed dividers separating each Section, plus an additional eight (8) CD s containing only the response to the items specified in Section 3 of Paragraph 5.7 5.4. The content of each CD shall be submitted in PDF format and bookmarked as specified in Section 3. Proposers are responsible for all CD s submitted to be properly formatted and functional working copies. All Proposals should be clearly labeled Proposal for General Contractor Services for Disaster Recovery Assistance" with the Proposer's Company Name, Project Name on the outside of each binder/cd. REVISED 00040-2

5.3 Proposals (hard copy and CD s) shall be sealed (within a box, envelope, package, etc.) and labeled in a prominent place on the exterior portion of the package as follows: Proposer s Name: Request for Qualifications: ROOFING CONTRACTOR SERVICES FOR DISASTER RECOVERY ASSISTANCE 5.4 Contents of the Proposal: Section 1 Failure to provide all items specified in this Section at the time the Proposal is submitted shall result in the Proposal being declared non-responsive and the Proposal will not be accepted for evaluation. These items should be placed in separate tabbed sections in the following order: a) Required Response Forms, fully executed (signed by an authorized representative): -Proposal Response Form (Exhibit A) -Public Entity Crime Certification Form (Exhibit B). -Drug Free Workplace Certification (Exhibit C) in accordance with Section 287.087, Florida Statutes b) A copy of each of the following: -Proof of an active/current Certificate of Authority issued by the Florida Department of State which authorizes the Proposer to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via Sunbiz.org-Department of State. -Professional License issued by the Department of Business and Professional Construction Industry Licensing Board Regulation- -Submittal of a letter from the Proposer s surety utilizing the form of the Sample Letter of Intent From Surety (page 00250-3 of the RFP. c) The Proposer shall submit a statement of whether or not, within the past ten years from the Proposal due date, any occurrences have taken place in which a complaint has been filed against the Proposer, litigation has been filed against the Proposer, litigation is pending against the Proposer, or the Proposer is currently involved in a legal or administrative proceeding alleging that the Proposer discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability against any of its subcontractors, vendors, suppliers, or commercial customers. The Proposer shall provide a specific description of each occurrence and the status or resolution of each occurrence, including any remedial action taken. If no such occurrences have taken place, the Proposer shall indicate such. d) The Proposer shall submit acknowledgement of receipt of all addenda issued by the Owner. If no addenda have been issued the Proposer should acknowledge same. Section 2 Should contain: a) Current Certificate of Insurance demonstrating coverage specified in Section 00200. For submittal, General Liability Insurance may be less than that specified; however, all coverage requirements must be satisfied prior to issuing the Notice To Proceed. Section 3 Responses to Categories 1 through 4 of the Evaluation Criteria specified in Section 00300 Evaluation are required. REVISED 00040-3

SAMPLE AGREEMENT SECTION 00400 BOARD DATE: TBD AGENDA ITEM: TBD OWNER - CONTRACTOR AGREEMENT Made as of the day of in the year Two Thousand and Ten. BETWEEN THE OWNER: AND THE CONTRACTOR: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, 3300 Forest Hill Boulevard, Suite A-323 West Palm Beach, FL 33406-5869 TBD PROJECT NAME: ROOFING CONTRACTOR SERVICES FOR DISASTER RECOVERY ASSISTANCE The Owner and the Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Request For Proposal (RFP), Owner-Contractor Agreement, the Performance and Payment Bonds, the Educational Specifications, District Master Design Specification and Criteria, all Addenda issued prior to Proposal submission deadline and all Modifications issued after. These form the Contract, and all are as fully a part of the Contract as if attached to this Owner-Contractor Agreement or repeated herein. ARTICLE II SCOPE OF WORK A specific scope of work for Roofing Contractor Services will be provided for each project as needed in the event of a Disaster, utilizing a Short Form Agreement. Work will be assigned on a project by project basis as delineated by District Emergency Response Personnel. Multiple awards will be made to create a pool of fifteen (15) qualified Contractors to provide services described in the Scope Of Work. Whenever services are required a minimum of three (3) awarded contractors will be requested to submit a proposal. All proposals must provide cost for labor, materials, installation and equipment necessary to deliver a 100% completed project and be delivered to the requesting department. There will be no additional charge for consultation or design on any particular project. Work will be assigned to the awarded Proposer who provides the lowest price proposal within the timeframe needed by the District. Exceptions to the requirement for receiving proposals from the awarded vendors will be made when the projects are small (under $10,000) or when an emergency exists. In these situations, work will be rotated among all the awarded vendors who are ready, able and willing to work. RS Means is the only pricing acceptable to the Owner and auditable by the Federal Emergency Management Agency (FEMA) personnel. Project specific Proposals will be submitted utilizing the current RS Means pricing in effect at the time services are rendered. To perform re-roofing, waterproofing and roofing repair for School District of Palm Beach County facilities following the occurrence of a disaster. Following a disaster, a specific Scope of Work for will be provided for each facility (project) and Work will be assigned on a project by project basis by District Emergency Response Personnel. Construction shall incorporate all of the requirements set forth in the Board approved Educational Specifications, Florida Building Code, Florida Accessibility Codes, District Master Specifications, Design Criteria and all other applicable specifications. REVISED 00400-1

Construction shall incorporate all of the requirements set forth in the Board approved Educational Specifications, Florida Building Code, Florida Accessibility Codes, District Master Specifications, Design Criteria and all other applicable specifications. ARTICLE III TERM OF CONTRACT The term of this contract shall be for three (3) years from date of award, and may, at the sole discretion of the School Board, be renewable for two (2) additional one (1) year periods. ARTICLE 4 SERVICES The Contractor shall provide Roofing Contractor Services per specifications in the Request for Proposal for Roofing Contractor Services for Disaster Recovery Assistance. All addenda issued to the Request for Proposal for General Contractor Services for Disaster Recovery Assistance, if any, are also made a part of this contract. ARTICLE 5 COST OF SERVICES The Owner shall pay the Contractor for the completion of the Work in accordance with all requirements of the Contract Documents subject to additions and deductions by Change Order as provided by the Contract documents, the Contract sum of: $TBD (see Short Form Agreement) on a per project basis utilizing RS Means pricing in effect at the time services are rendered. This amount represents the lump sum amount that the owner will pay the Contractor to complete the Scope of Work. ARTICLE 6 TERMS AND CONDITIONS The Contractor shall have the option to terminate the contract upon written notice to the authorized representative of the School District. Such notice must be received at least 90 days prior to the effective date of the terminations. The School District shall have the option to terminate the contract without cause upon written notice to the authorized representative of the Contractor. Such notice must be received at least 30 days prior to the effective date of termination and the Contractor shall only be entitled to compensation up to the date of termination. The Contractor shall not be entitled to lost profits. Early termination of the contract by the Contractor may prohibit the Contractor from submitting Proposals and Bids for a period of three years from; the date of completion of the contract. The School District shall establish the expiration date of the contract. There shall be no assignment of the contract of compensation to be derived therefrom by the Contractor. Included in this Agreement are the terms and conditions as described the Request for Proposal for General Contractor Services for Disaster Recovery Assistance, which are incorporated by reference herein and is made a part thereof. ARTICLE 7 INDEMNIFICATION The Contractor agrees to protect, defend, reimburse, indemnify and hold the School District, its agents, employees and elected officials, and each of them free and harmless at all times from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, REVISED 00400-2