HomeMy WebLinkAboutVarsity Courts - Piggyback Rider - Winter Springs Pickleball Central WindsEXHIBIT 1
Orange County Public Schools (OCPS) Contract Renewal Request
Vendor Name:
Vendor Email Address:
Contract Number:
Contract Name:
Current Contract Expiration Date:
Pending your approval, OCPS would like to renew this contract under the same terms and conditions
through .
Please complete the applicable section below and send to by so we may ensure the contract continues
uninterrupted.
Please contact the Procurement Services team member responsible for this contract at the following
email address should you have any questions .
Sincerely,
David Wheeler, NIGP-CPP, CPPO, CPPB, FCCM
Director, Procurement and Contracting
Agree to contract renewal Do NOT agree to contract renewal
Signature Printed Name and Title Date
If you are NOT in agreement with the renewal, please list the reason, and complete the section below.
DocuSign Envelope ID: D4A33AF4-6B7F-42DF-B9E7-DD68FDD75561
susan.perry@ocps.net
ITB1903056
varsitycourts@yahoo.com
10/22/22
10/22/23
Varsity Courts Inc.-Alternate
Asphalt Play Courts
President
X
Dennis Brubach
9/27/2022
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INVITATION TO BID FORM
SUBMIT TO: All Bids must be submitted via VendorLink at the specified date and time below at: www.vendorlink.ocps.net INVITATION TO BID
Orange County Public Schools Procurement Services
445 W. Amelia Street Orlando, FL 32801-1129 DATE ISSUED: August 20, 2019
CONTACT PERSON: Susan Perry
Telephone #: 407-317-3200- x200-2421 E-mail: susan.perry@ocps.net
TITLE: Asphalt Play Courts NUMBER: ITB1903056 SUBMITTAL DEADLINE: September 17, 2019 at 2:00 PM EST PRE-PROPOSAL CONFERENCE - DATE, TIME AND LOCATION: August 27, 2019 @ 10:00 AM EST 6501 Magic Way, Portable 101E Conference Room, Orlando, FL 32809
SUBMITTALS RECEIVED AFTER
ABOVE DATE AND TIME WILL NOT BE ACCEPTED
REQUEST FOR INFORMATION DEADLINE: September 3, 2019 @ 2:00 PM
This Bid Submittal and subsequent award by OCPS shall constitute a binding and enforceable contract. All Specifications, Terms and Conditions, Addenda, and correspondence of this Contract shall be incorporated into the final award and become an integral part of the Contract. Unless otherwise stipulated in this Contract, no other contract documents shall be issued.
LEGAL NAME, (herein referred to as “Bidder”) As described in the Section Titled “Florida Department of State, Division of Corporations Registration Requirements” within this Invitation to Bid (“ITB”):
Florida Division of Corporation Document Number (www.sunbiz.org) :
MAILING ADDRESS: I hereby certify that I have read and understand the requirements of this Contract (hereinafter, the “Contract”) and that, I, as the Bidder, will comply with all requirements of this offer and any contract(s) and/or other transactions required by this award. __________________________________________ Authorized Signature __________________________________________ Typed Name __________________________________________Title Date __________________________________________ Email Address
CITY – STATE – ZIP:
TELEPHONE NO:
FAX NO:
FEI/EIN Number:
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BID SUBMITTAL CHECKLIST It is the sole responsibility of each Bidder to check the Orange County Public School (“OCPS”) Procurement & Contracting Services VendorLink website www.vendorlink.ocps.net, for all addenda issued and for any information regarding this solicitation. The following documents must be submitted electronically:
Invitation to Bid Form
Statement of Affirmation and Intent
Bidder’s Experience and Qualifications
Bidder’s Statement of Principal Place of Business
Bidder’s Statement of Financial Qualification
Drug-free Workplace Certification
Non-Disclosure Agreement for Confidential Materials
Debarment and Suspension Certification
MWBE/LDB Participation Guidelines
MWBE/LDB/VBE Subcontractor Participation (if applicable)
Bid Price Sheet
Addenda (if applicable)
Certificate of Insurance
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TABLE OF CONTENTS Page Invitation to Bid Form 1 Bid Submittal Checklist 2 Table of Contents 3 Section I. Definitions 4 Section II. Scope 8 Section III. Special Conditions 8 Section IV. Specifications 15 Section V. Instruction to Bidders 22 Section VI. General Terms and Conditions 24 Appendix A: “No Bid” Response Submittal Form 39 Appendix B: Statement of Affirmation and Intent 40 Appendix C: Bidder’s Experience and Qualifications 42 Appendix D: Bidder’s Statement of Principal Place of Business 44 Appendix E: Bidder’s Statement of Financial Qualification 45 Appendix F: Drug-free Workplace Certification 46 Appendix G: Non-Disclosure Agreement for Confidential Materials 47 Appendix H: Debarment and Suspension Certification 51 Appendix I: MWBE/LDB Participation Guidelines 53 Appendix J: MWBE/LDB/VBE Subcontractor Participation 55 Appendix K: Bid Price Sheet 56 Appendix L: Basketball Courts Drawings – Elementary Schools 57 Appendix M: Basketball Courts Drawings – Middle & High Schools 58 Appendix N: Volleyball Tennis Courts Drawings – Middle & High School 59 Appendix O: Design Guidelines 11 66 10 – Outdoor Athletic Fields Event Facilities 60 And Play Courts Appendix P: Contract Completion Form 63
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SECTION I. DEFINITIONS
1. Definitions. As used in this Contract, the terms defined in this Contract have the following meanings as set forth therein and the following terms have the meanings set forth below: 1.1. “Acquisition” means the process of obtaining supplies, services, or construction through purchase, lease, or grants. The process includes the establishment of needs, description of requirements, selection of method of procurement, selection of sources, solicitation of offers, award of contract, financing, and Contract administration. 1.2. “Addenda” means a written addition or supplement to a document (for example, items or information added, deleted or changed on a procurement document). Addenda will be posted on the OCPS Procurement Services website. 1.3. “Awarded Bidder or Awardees” means a contractor, business entity or individual who has been selected as an awardee of a contract in accordance with a bid or proposal previously submitted and shall proceed with performance of the contract. 1.4. “Bid” means a solicitation notifying potential Bidders of an opportunity to bid on a project. It can be an invitation to bid, request of proposals, request for quotations, and a request for sealed bids. 1.5. “Bid Price Sheet” means an Exhibit attached that contains the highest price that Bidder is willing pay for a commodities or contractual services, and is provided by Bidder in the Bid Submittal. 1.6. “Bid Submittal” means a written response to a solicitation for competitive sealed bids to provide equipment, supplies, services, or construction items. 1.7. “Bidder” means any individual, business entity, or company submitting a bid in response to an Invitation to Bid; the term “Bidder” is used interchangeably with the terms “Contractor”, “Proposer”, or “Bidder” 1.8. “Bid sample” means a sample offered by a Bidder when required in an ITB; the samples are considered a required part of the solicitation and are examined and tested for conformance with the requirements of the ITB. 1.9. “Confidential Information” means all material, non-public, business-related information, written or oral, whether or not it is marked as confidential, that is disclosed or made available to the Bidder and/or Vendor, directly or indirectly, through any means of communication or observation by the disclosing party or any of its affiliates or representatives. 1.10. “Conflict of Interest” means an actual or potential situation in which the personal interests of a Bidder, OCPS employee, or public official, are, or appear to be, in conflict with the best interests of OCPS. 1.11. “Agreement” means a mutually binding legal instrument obligating Bidder to furnish the commodities or contractual services in exchange for payment from OCPS, including, but not limited to, Purchase Orders and formal Agreements. 1.12. “Descriptive Literature” means any information provided by Bidder (such as cuts, illustrations, drawings, and brochures) that shows a commodity’s characteristics or construction of a commodity or explains its operation. The term includes only that information needed to evaluate the acceptability of the commodity and excludes other information for operating or maintaining the commodity.
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1.13. “F.O.B. Destination” means freight on board at destination; title changes hands from Bidder to purchaser at the destination of the Shipment; Bidder owns goods in transit and files any claims. Payment of freight charges is determined by Contract terms. 1.14. “Lobbying” means any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the decision of the Board or OCPS personnel after advertisement and prior to the award of a Bid or Contract. 1.15. “Local Developing Business” (LDB) means a business concern that is domiciled in the local area (Orange, Osceola, Lake, or Seminole County) and that meets the revenue limitations, and that is owned and controlled by one or more individuals whose personal net worth does not exceed the Net Worth Limitation. 1.16. “Lump Sum” means the total price of a group of items, which is priced as a whole. 1.17. Material Safety Data Sheet (“MSDS”) means a document that contains information on the potential hazards (health, fire, reactivity and environmental) of a material and how to work safely with that chemical material, such as the use, storage, handling and emergency procedures all related to the hazards of that material. 1.18. “Minority/Women Business Enterprise” (MWBE) means OCPS has established a MWBE policy for the procurement of goods and non-professional services with an annual participation goal of twelve percent (12%). Bidders must be certified as a MWBE to be considered under this program. Valid and current certifications from Orange County, the City of Orlando, Greater Orlando Aviation Authority (GOAA), State of Florida and National Minority Bidder Development Council (NMSDC) are acceptable. Copies of certification documents must be submitted with Bidder’s Bid Submittal. 1.19. “Notice of Award” means the written notice of the acceptance of the solicitation from OCPS to Bidder.
1.20. “Not to Exceed” means the contractor is compensated for actual costs incurred plus a fixed fee subject to a ceiling price. The Contractor shall be reimbursed at invoice cost including (1) sales and/or use taxes and (2) freight. A markup shall be paid on the invoice cost of the materials, labor, rental fees, and subcontractor fees. The markup shall be based on the material markup percentage specified on the price sheet, not to exceed 10%. 1.21. “Occupational Safety and Health Act (“OSHA)” means the Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. 1.22. “Office of Business Opportunity” (“OBO”) means the office that ensures participation of local, small, veteran-, minority- and woman-owned businesses in providing goods and services to Orange County Public Schools. 1.23. “OCPS Purchasing Card” means the Purchase Card (P-Card) program enables work locations to make small purchases, generally under one-thousand dollars ($1,000), quickly and without a formal Purchase Order to streamline and speed-up small-dollar purchases. The P-Card program is administered by the Procurement Services Department. 1.24. “Offer” means a response to a solicitation that, if accepted, would bind the Offeror to perform a under a resulting Contract.
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1.25. “Offeror” means one who makes an Offer in response to a solicitation; or one who submits a Bid in response to a Request For Proposal (“RFP”), Invitation To Bid (“ITB”), Invitation To Negotiate (“ITN”); used interchangeably with the terms “Bidder”, “Bidder”. 1.26. “Orange County Public Schools” (“OCPS”) means a political subdivision of the State of Florida as the school district in Orange County, Florida, United States, and is at located at 445 West Amelia Street, Orlando, FL 328011-1129. 1.27. “Piggybacking” means piggybacking a contract using an existing Contract to acquire the same commodities or services at the same or lower price from another public entity Contract. 1.28. “Pricing” means the process of establishing a reasonable amount to be paid for commodities or contractual services. 1.29. “Procurement Representative” means the Procurement Services employee identified in solicitation documents, who is primarily responsible for processing the solicitation. 1.30. “Procurement Services Department” means the Facilities & Constructing Contracting Department within Orange County Public Schools and is responsible for the administration of this solicitation. 1.31. “Purchase Order” means OCPS’s written document to a Bidder formalizing all the terms and conditions of a proposed transaction, such as a description of the requested item(s), delivery schedule, terms of payment, and transportation. 1.32. “Responsible Bidder” means a Bidder who has the capability in all respects to perform fully the Contractual requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Each Bid Submittal shall be evaluated for conformance as Responsive and Responsible. 1.33. “Responsive Bidder” means a Bidder who has submitted a bid that conforms in all material respects to the solicitation requirements. Each Bid Submittal shall be evaluated for conformance as Responsive and Responsible. 1.34. “Sealed Documents” means drawings or specifications that bear the seal and signature of a Registered Architect or Professional Engineer. 1.35. “Secondary Quotations” means requesting Awardees provide pricing on specific product or services not defined in solicitation documents, but covered under the specifications. 1.36. “Shipment” means the process of transporting goods. 1.37. “Shop Drawings” means the drawings, schedule, diagrams, and other information or data which are prepared and submitted by the awarded Contractor to OCPS showing in detail the proposed assembly and fabrication of structural elements and the installation, form, fit, and attachment details of materials. It includes layouts, schematics, illustrations, descriptive literature, performance, and test data to detail specific parts of work such as but not limited to measurements, elevations, rebar, bolts, welding, etc. as required by the contract and in compliance with the current codes and regulations. 1.38. “Signature” or “Signed” means the discrete, verifiable written symbol of an individual; indicates a present intention to authenticate the writing, including electronic Signatures. 1.39. “Solicitation” means the written document containing an invitation for bids or request for
proposals to provide commodities or contractual services.
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1.40. “Solicitation Provision” or “Provision” means a term or condition used only in solicitations and applying only before Contract award. 1.41. “Specifications” means a description of the physical or functional characteristics, or of the nature of commodities or contractual services; the requirements to be satisfied by a product, material, or process indicating, if appropriate, the procedures to determine whether the requirements are satisfied. 1.42. “Surety” means any corporation that executes, as Surety, the Proposal/Bid, Performance, and/or Payment Bond. 1.43. “Vendor” means, per Policy KCE, a “Vendor” shall include any companies, consultants, contractors or other provider of services or products that are registered as a vendor with OCPS. “Vendor” shall not include any government official, elected official, government employee or any other person affiliated with a governmental agency while acting in his or her official capacity on behalf of that governmental agency. The term “Vendor” shall not include registered charitable, not-for-profit or voluntary organizations that provide free or gratuitous services or products to OCPS. 1.44. “Veterans Business Enterprise” (“VBE”) means each VBE Bidder is certified at the time of the opening of the bid otherwise credit for the preference will not be given. Each VBE bidder shall submit a valid/current VBE certificate issued through the Center for Verification and Evaluation (“CVE”) or the State of Florida. Failure to obtain and maintain a valid certification will result in the denial by OCPS of the preference until such time as evidence of the certification or re-certification is established. 1.45. “Warranty” means a promise or affirmation given by Bidder to OCPS regarding the nature, usefulness, or condition of the commodities or performance of services furnished under the Contract.
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SECTION II. SCOPE
The purpose of this invitation to bid is to establish firm, fixed pricing for asphalt play courts (tennis & basketball) installation, surfacing and resurfacing. OCPS will issue purchase orders on an as needed basis.
SECTION III. SPECIAL CONDITIONS 1. Term: The intent of this Contract is to establish a Contract for a period of three (3) years from the date of award, during which time the successful Bidder(s) shall guarantee fixed Pricing on items awarded, as specified in this Contract. 2. Contract Renewals: OCPS reserves the right to renew any or all prices, terms, conditions, and specifications of this Contract, for up to two (2) additional one-year period(s), upon mutual agreed by both OCPS and the Awarded Bidder. Renewals must be evidenced, in writing, with the Signature of the Awarded Bidder’s authorized representative and OCPS. 3. Contract Extension: In addition to any renewal options contained herein, OCPS has the right to extend the Contract for the period of time necessary for OCPS to release, award, and implement a replacement ITB for the commodities and/or contractual services provided through this Contract. Such extension shall be based upon the same prices, terms, and conditions as the existing ITB. 4. Additional Vendors: OCPS reserves the right to increase the pool of pre-qualified companies to provide the services included in the ITB, if deemed necessary by OCPS, subject to approval, additional providers will be added to the pool of awarded companies. Regardless as to the year a company is added to the pool of awarded companies, all awards will be terminated at the end of this ITB. 5. Minimum Requirements: To be eligible for this Contract, Bidders must: (i) not be on the Florida Suspended Vendor List; (ii) Possess the financial capability, experience, and personnel resources to provide the equipment and services as required in this Contract; (iii) meet the Mandatory Requirements listed below; (iv) Be a manufacturer or an authorized distributor or reseller of the manufacturer. Upon request by OCPS, the Bidder will supply, within 48 hours, a Letter of Authorization to OCPS Procurement Services on Manufacturer’s letterhead, Signed by an individual authorized to bind the manufacturer, include a confirmation statement detailing the roles and responsibilities of each party as a part of your contractual Agreement with the distributors. 6. Mandatory Requirements: Bidder must meet the following mandatory requirements in order to be considered for this Contract. 6.1. Primary Point of Contact: Bidder must provide a primary account management as a point of contact for the Contract. 6.1.1. The Awardee shall provide the name, address, phone and cell numbers of the person(s) to be contacted for the placement of an order and the coordination of service. 6.1.2. A contact for both regular work-hours and after- hours, weekends, and holidays must be identified. 6.1.3. The Awardee shall provide Procurement Representative with any updates to the Primary Point of Contact. 6.1.4. OCPS reserves the right to require a change in the Awardee’s Primary Point of Contact if the Awardee’s personnel, in the district’s opinion, deemed objectionable, unacceptable, or unprofessional. OCPS reserves the right to require the contractor to immediately remove any employee from working on School Board premises for
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violating any term of this Agreement; or whose work habits and/or conduct are deemed objectionable, unacceptable, or unprofessional. 7. Insurance: At its sole expense, the Awarded Bidder (s) shall maintain the following insurance during the term of this Agreement and such insurance will apply to Bidder, its employees, agents, and subcontractors: 7.1. Workers’ Compensation insurance in statutory amounts and Employers Liability in an amount not less than One Million Dollars ($1,000,000) each accident/disease. This insurance shall apply to all Bidder’s employees who will be engaged in the performance of the Services in this Agreement. 7.2. Commercial General Liability insurance, including products and completed operations and contractual liability, arising from any and all claims for property damage and bodily injury, including death, in an amount not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate. This policy must include The School Board of
Orange County, Florida, its board members, employees, and representatives as additional insured. 7.3. Automobile Liability insurance, including all owned, non-owned, and hired vehicles used in conjunction with providing Services outlined in this Agreement, for property damage and bodily injury, including death, in an amount not less than One Million Dollars ($1,000,000) each accident. This policy must include The School Board of Orange County, Florida, its board members, employees and representatives as additional insured. 7.4. Insurance Capacity Verification: Awarded Bidder(s) shall provide proof of insurance prior to execution of this Contract. Receipt of proof of insurance shall not be construed as an approval of Awarded Bidder’s insurance or a release or waiver of Awarded Bidder’s obligation to provide insurance required by this Contract. Awarded Bidder agrees to the following as it relates to all above required insurance: 7.5. All insurance shall be primary and not contributory to any other insurance carried by OCPS. This shall also apply to any self-insurance maintained by OCPS. 7.6. Awarded Bidder shall notify OCPS’s Risk Management Department within thirty (30) days of any material changes or notice of cancellation Awarded Bidder received from its insurer on above required insurance. 7.7. Awarded Bidder shall provide evidence of all insurance in the form of a Certificate of Insurance and specify any deductible or retention applicable to above required insurance. 7.8. To the extent permitted by law, Awarded Bidder’s insurance shall contain a waive rights to recover from OCPS or its insurance. 7.9. Any required insurance that Awarded Bidder self-insures or carries retentions in excess of Ten Thousand Dollars ($10,000.00) shall be pre-approved by OCPS’s Risk Management Department and referenced in an addendum to this Contract. 8. Indemnification: The Awarded Bidder shall indemnify, defend, and hold harmless OCPS, 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 Bidder’s tools and equipment used in connection with this Agreement, and (iii) is caused or incurred in whole or in part by Bidder or any of its subcontractors,
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agents, or anyone directly or indirectly employed by Bidder, subcontractor, agents, regardless if caused in part by OCPS. This indemnification shall not apply to any claims, suits, actions, damages, losses, expenses, and/or a cause of action, arising from OCPS’s sole gross negligence or intentional misconduct. 8.1. Nothing in this Agreement shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of OCPS’s sovereign immunity protection and limitations of liability pursuant to Section 768.28, F.S. Any indemnity or assumption of liability by OCPS hereunder shall be subject to OCPS’s rights to sovereign immunity and any other limitations of liability provided OCPS pursuant to Florida law. 9. Bond: OCPS may request and require the Awardee to provide a payment and performance and bond on projects over $300,000.00. 9.1. Both bonds will require 100% of the total project cost. The bond requirements will be included in the Work Authorization or Purchase Order and scope of work provided to the Awardee. The Awardee’s estimate shall include as a separate line item all acquisition costs associated with the bond(s). OCPS will pay for reasonable costs incurred by the Awardee for obtaining a performance and payment bond. 10. Permits and Regulations: All work covered by the technical codes will require a permit from the OCPS Building Code Compliance Office. This includes constructing, enlarging, altering, repairing, moving, demolishing, changing of occupancy or use, erecting, installing, converting or replacing any building or structure, electrical, plumbing, mechanical, gas, fire alarm or fire sprinkler system. 10.1. The Awardee shall procure and pay for all licenses, and bonds necessary for the prosecution of the Work, and/or required by municipal, State and federal regulations, laws and procedures, unless specifically provided otherwise in the Bid Documents. 10.2. All work to be permitted through the OCPS Building Code Compliance Office. 10.3. The Awardee agrees to attend the first available training session provided by OCPS Building Code Compliance Office, at no cost to the awarded bidder, and is obligated to ensure that representatives from each of their various subcontractors, who are involved in the inspection process, attend the training session as well. 10.4. All permits issued by the Building Code Compliance Office are free of charge. 10.4.1. For more information on the Orange County Public Schools, Building Code Compliance Office, please visit: https://www.ocps.net/op/compliance/Pages/default.aspx. 11. Contractor Selection Methodology 11.1. Any Awardee can be used for work or projects under $15,000. Projects over $15,000 will be quoted amongst all Awardees (a “no bid” will count as a quote). 11.2. The School Board reserves the right to amend this methodology for contractor selection and the assignment of work if it determines that such a decision would be in its best interest. Such changes may include, but not be limited to, emergencies, performance issues, workload concerns, and increased or decreased work volume 11.3. OCPS reserves the right to award a contract or project to multiple Awardee. 11.4. OCPS reserves the right to competitively bid work amongst all vendors awarded under a contract.
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12. Secondary Quotation Process: The Awardees shall be provided a detailed Scope of Work, in the form of a Request for Quote, to include, at a minimum: 12.1. Location where the work is to be performed. 12.2. Name and contact information for the District’s Authorized Representative, responsible for coordinating the work. 12.3. A detailed scope of work, including plans, if available, to the Awardee. 12.4. A timeframe for completion of the work. 12.5. Walkthrough information, if requested. 12.6. Deadline for submitting quotes, shall be listed on the Request for Quote. 12.7. Upon receipt of a Request for Quote form from the OCPS’ authorized representative(s), the Awardee shall prepare a written estimate of the labor, materials, and equipment required for the completion of the project. 12.8. The Awardee must submit a not to exceed quote, to include the following: 12.8.1. Breakdown of labor hours, with hourly rates, as bid. 12.8.2. Quantity, description and extended price of all bid line items. 12.8.3. Itemized list of materials with description, manufacturer, part number, quantity of units and cost. 12.8.4. Itemized list of subcontractors and equipment, with description and individual cost. 12.8.5. All items will need to show the full calculation with net and extended pricing. 12.8.6. Awardee will return the Request For Quote, with a not to exceed quote. 12.9. OCPS reserves the right to request a full breakdown from material providers and subcontractors. 12.10. During the quote process, the Awardee may vary from the original bid pricing submitted. If the Awardee opts to vary from the original bid pricing, the pricing submitted for the quote must be lower than the original bid pricing. 12.11. If the Awardee is unable to provide the requested services, they must email the District’s authorized representative with the response “No Bid”. 12.12. The Awardee will identify any additional tasks necessary to complete the scope of work satisfactorily. 12.13. The Awardee’s quote shall be evaluated to determine if the Scope of Work has been clearly and accurately understood by the Awardee, the work has been properly estimated with supporting data presented, and the materials and equipment estimates are reasonable and properly documented. 12.14. The quote provided by the Awardee shall be firm. No increases shall be permitted unless unforeseen circumstances arise. 12.15. Secondary Quotation Award:
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12.15.1. The lowest responsive, responsible Awardee will be announced and must provide a full breakdown, per the specifications 11, within 3 business days, in order to be considered responsive. Failure to comply with this stipulation will result in the Awardee’s quote being marked non-responsive, and the OCPS will move on to the next lowest Awardee. 12.16. The Awardee acknowledges that work shall be performed only after receipt of an authorized purchase order or work authorization, as applicable. 12.17. If, during the course of the work, the Awardee encounters unforeseen conditions which impact the work and which could not initially be evaluated, change in scope or change in schedule, resulting in additional costs, the Awardee shall not proceed without written authorization by the District authorized representative(s). The additional items will be negotiated and approved by the authorized representative and then a change order (if applicable) or purchase order will be issued. 12.18. The Awardee time shall start on the ‘job site’. Any travel time expenses shall be borne by the Awarded Bidder and will not be reimbursed by the District. 12.19. Any person found not to be in conformance with any laws, statutes, rules or regulations shall not be allowed on the job site. Continued violations by the Awardee shall constitute cause for immediate termination of the contract. 12.20. The Awardee shall, and in addition to all other guarantees, be responsible for faulty labor or workmanship and shall promptly correct improper work, without cost to OCPS, within 24 hours after receipt of notification of such faulty labor or workmanship. 12.21. If the Awardee fails within 24 hours to correct defects, the OCPS shall be entitled to have such work remedied and the Awarded Bidder shall be fully liable for all costs and expense reasonably incurred by OCPS. 12.22. Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee period shall be effective for five years after acceptance of the work by OCPS. 12.23. The Awardee repeated failure to submit estimates, complete projects by the due date or as directed, or those considered non-responsive to OCPS communications, on more than three (3) occasions, may be deemed in default of their contract by the procurement representative. 12.23.1. Vendor Performance Reports (VPRs) will be issued to Awardees that are non-compliant or in default of the contract. 12.23.2. If deemed in default of the contract by the procurement representative, no more cost proposals shall be requested from the Awardee under this bid and the Awardee will be disqualified. 13. Project Timelines 13.1. Each project must be started within thirty (30) working days after receipt of purchase order and BCCO permit (when applicable), and shall be completed within sixty (60) calendar days or as directed by Facilities Representative. Any exceptions must be approved by the Facilities Representative. 14. Labor 14.1. The Awardee’s time shall start on the ‘job site’. Any travel time expenses shall be borne by the Awardee and will not be reimbursed by the OCPS.
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15. Materials 15.1. OCPS reserves the right to furnish materials to the Awardee OCPS may opt to use Owner Direct Purchases to capture sales tax savings. 15.2. The Awardee shall provide products, systems and materials that meet codes and applicable standards. 16. Completion 16.1. Upon completion of the job, the Awardee shall submit the following information, as applicable: 16.1.1. Final invoice, with documentation. 16.1.2. Awardee’s certification that the work has been completed, in the form of the Contract 16.1.3. Acceptance from the BCCO. 16.1.4. Delivery tickets. 16.1.5. Warranty information. 16.1.6. Reports. 16.1.7. As Built Drawings. 16.1.8. Verification of hours worked, to include work order timesheets, payroll records, etc., upon request. 16.1.9. Any other documents as requested by District Authorization Representative. 17. Invoicing: 17.1. The Awardee will be required to submit invoices that reference valid purchase order numbers on all requests for payment. Each invoice can only be associated with one purchase order number and it is the responsibility of the Contractor to resolve any discrepancies with the District’s authorized representative. 17.2. OCPS will only pay for the actual labor hours, materials, subcontractors and equipment utilized during the course of the work. Payment will be made for actual costs incurred for any cost plus materials, subcontractors and equipment, with % markup as bid. Substantiation of these costs by the contractor will be necessary. 17.3. Invoices shall contain the following information, as applicable: 17.3.1. Invoice number, work location and purchase order number. 17.3.2. Invoices shall provide a breakdown, which matches the quote. Lump sum invoices will not be accepted. Quantities, unit pricing and extended pricing must be clearly presented. 17.3.3. A detailed breakdown of material used to complete the job must be provided. Substantiating invoices for any material, subcontractors or equipment that is priced as a “cost plus markup” must be submitted along with the invoice. 17.4. Final invoices must be submitted with the Completion documents.
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17.5. Partial invoices may be processed at the discretion of the District’s authorized representative. 17.6. Invoice submittal is preferred to be made via email to the District’s authorized representative, as indicated on the Request for Quote. Mailing instructions, if needed, can be obtained by contacting the appropriate District’s authorized representative. 18. Liquidated Damages 18.1. If the Awardee fails, or refuses to complete the Work within the time specified in a RFQ, then the Awardee does hereby agree, as part considerations for awarding of this Contract, to pay OCPS a minimum sum of one hundred dollars ($100) for each work day that the Awardee shall delay after the time stipulated in the purchase order as the ‘completion’ time, not as a penalty but as liquidated damages for breach of the contract as set forth herein. The liquidated damages amount will be identified on a project by project basis. 19. Contractor’s Personnel 19.1. It is the Contractor’s responsibility to ensure that all employees are legally allowed to work in the United States in accordance with Immigration and Homeland Security Policies. 19.2. Employees must: 19.2.1. Be 18 years of age or older, physically capable and qualified for this type of work. 19.2.2. Sign in and out (upon arrival & departure) at the main office of the school or facility. 19.2.3. Wear their company uniform at all times on school board property. 19.2.4. Wear their JLA identification badge on their shirt or jacket so that it is visible at all times on school board property. 19.2.5. Comply with instructions pertaining to conduct and building regulations stated by site OCPS officials. 19.2.6. Adhere to OCPS security standards. 19.2.7. Refrain from using foul, abusive or profane language on school property. 19.2.8. Comply with the OCPS District’s policies on drug-free and smoke-free work place. 19.3 . Employees will not: 19.3.1. Interact with the student population. 19.3.2. Solicit, distribute or sell products while on school board property. 19.3.4. Possess any knives or firearms (gun, starter gun, antique firearms, etc.) on school board property. 19.4. The principal at his/her discretion, can require that the contractor immediately remove any employee from working on School Board premises for violating any term of this unacceptable.
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SECTION VI. SPECIFICATIONS 1. CONTRACTOR QUALIFICATIONS 1.1. Firm submitting the bid shall possess at least three (3) years of experience, as verified by sunbiz.org,
prior to the bid opening. Firm shall have sufficient financial support, equipment and organization to ensure that they can satisfactorily execute the service if awarded the contract under the terms and
conditions herein stated.
1.2. Firm, which must be regularly engaged in the business for services as noted herein, must have experience providing such services to commercial accounts. Within the past three (3) years contractor
shall have performed a minimum of three (3) commercial projects where the contract amount was $5,000 or greater. 1.2.1. Projects must be listed on the “Bidder’s Experience/Qualifications” Form. 1.2.2. The enclosed questionnaire, which will be used to evaluate capabilities to perform the work during the contract period, must be completed and contain sufficient and specific information which directly responds to the request. The School Board reserves the
right to reject bids which do not provide sufficient information to evaluate the qualifications of the Vendor and where information provided does not demonstrate a
proven past record (such as negative references, failure to complete projects, etc.). 1.3. Firm must have sufficient number of personnel, materials, transportation, and equipment to perform
work as stated in the bid. Bidder shall also be capable of performing work at multiple job sites
simultaneously throughout the District.
1.4. The Bidder must at all times maintain appropriate licenses as required by the State of Florida and the
Scope of Work. At the request of the District the awarded contractor(s) shall provide a current copy of
said licenses and certifications to the District.
1.5. All requested work shall be completed in accordance with all federal, state and local codes, and
shall be inspected for compliance by Orange County Public School Office of Building Code
Compliance Inspectors and any other inspectors designated by OCPS.
2. Contractor Responsibilities 2.1. The Contractor shall report to the authorized OCPS representative, any conditions that he believes are detrimental to operating efficiency. If, during the course of work, the Contractor encounters unforeseen conditions which affect the work, and which could not initially be evaluated, the Contractor must notify the authorized OCPS representative immediately and shall not proceed without written authorization from an authorized OCPS representative. 2.2. The Contractor shall take all precautions to protect District property. The Contractor r is responsible for notifying the OCPS authorized representative immediately of any and all property damage. Contractor shall be responsible for the repair of any damage to school equipment or site(s).This includes, but is not limited to, damages to utilities, lawns, shrubs, trees, sidewalks, roads, drives, buildings, or other property on the site. 2.3. The bid price shall include all charges. No additional charges will be paid unless noted on the bid. 2.4. The Contractor, at all times, shall keep the premises free from the accumulation of waste materials or rubbish caused by their Work in progress. At the completion of the Work, the Contractor shall remove all of this material/rubbish from the OCPS’ property as well as all of their tools, equipment, machinery and surplus materials. The contractor is not permitted to use OCPS trash receptacles.
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An on-site dumpster may be placed at the jobsite with prior written approval from OCPS. 2.5. If keys are provided and lost, the Contractor will be responsible for the cost of replacement keys at a re-key charge established by the Facilities Services Lock Shop to rekey the campus. For security purposes, the vendor shall report the lost or stolen key to Maintenance Representative within 2 hours, so that OCPS may takes steps to secure the location. 2.6. All requested work shall be completed in accordance with all federal, state and local codes and shall be in compliance with the OCPS Office of Building Code Compliance Inspectors and any other inspectors designated by OCPS. Any fines levied due to inadequacies of failure to comply with any requirements shall be the sole responsibility of the Contractor. If compliance with two or more standards is specified and the standards establishes different or conflicting requirements for minimum quantities or quality levels, comply with the more stringent requirement. 2.7. Unless otherwise provided in project documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and any other facilities and services necessary for the proper execution and completion of the project whether temporary or permanent and whether or not incorporated or to be incorporated in the project. 2.8. The Contractor warrants to the OCPS that all materials and equipment furnished under this contract will be NEW unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the project specifications. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the OCPS, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2.9. 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 persons or vehicles, or when deemed necessary by the School Board’s Representative. 2.10. The Contractor shall provide sufficient staff, resources and facilities to ensure that the Orange County School Board’s business is handled in a timely manner. If the vendor is unable to perform the work in a timely manner as agreed upon, the School Board shall have the right to rescind the purchase order and award to another vendor. 3. Safety Standards 3.1. All current OSHA safety standards shall be enforced with the inclusion of the following rules: 3.1.1. Contractor shall ensure that employees are equipped with proper safety items such as glasses, gloves, etc. 3.1.2. All heavy vehicles (trucks, etc.) shall have backup alarms that meet OSHA standards. 3.1.3. All OSHA and Federal required safety equipment should be installed and functioning on all equipment. 3.1.4. All incidents on campus involving district property or personnel shall be reported to the designated school contact immediately upon occurrence. 3.1.5. All debris (papers, trash, etc.) shall be removed to an environmentally approved landfill or recycling center.
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4. Service Requirements 4.1. If the Contractor is unable to perform the work in a timely manner as agreed upon, OCPS shall have the right to rescind the Purchase Order and award to another vendor. 4.2. Construction will be determined through the drawings attached via Appendix L (B-1), Appendix M
(B-2), or Appendix N (T-1). Any additional scope of work shall be authorized in writing by an OCPS Representative. Contractor shall be required to coordinate the location and elevation with the OCPS representative to establish that no water shall stand on or abuts court. 4.3. Routine Calls:
4.3.1. Routine calls shall be handled during the hours of 7:00 a.m. to 4:30p.m. Monday through Friday, excluding holidays.
4.3.2. Contractor shall provide an on-site response to service requests within twenty-four hours (24) hours of the request. Further, vendor agrees to respond to Facilities representative inquiries within 24 hours of the initial contact. 5. Design Criteria For Asphalt Play Courts 5.1. Site Preparation and Installation: 5.1.1. Furnish Underground Utility Locates. 5.1.2. Remove all topsoil, debris and rocks from the area to be paved. 5.1.3. Place sub grade material directly on the prepared grade in one lift in a thickness of six (6) inches, spread and compacted. 5.1.4. Sub grade should be shaped properly to meet true alignment and elevation and compacted to not less than 95 percent of maximum laboratory density, (compaction test required). The surface should not vary more than ¾” from the established grade. 5.1.5. Place six (6”) inch lime rock aggregate base on the prepared sub grade and compact to ensure a hard, uniform, well-compacted surface. 5.1.6. A one (1”) inch compacted surface course, or full depth Asphalt base course, should be placed to the true line and grade. (Hot Mix Asphalt, max aggregate size ½” Type III) Florida State Highway Specifications asphalt. 5.1.7. Any irregularities in the surface of this course should be corrected directly behind the pavers. 5.1.8. As soon as the material can be compacted without displacement, rolling and compaction should be started and continue until the surface is thoroughly compacted and all roller marks have disappeared. 5.1.9. Surface drainage on the court should be directed to the pavement edges and carried away in suitable channels or drainage facilities. It is recommended that the minimum pavement cross-slope be 1 inch to 10 foot, to preclude standing water and ensure rapid drainage. Sufficient storm drain runoff shall be considered to prevent water retention in the play courts.
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5.1.10. The finish surface should not deviate more than ¼ inch when measured with a 10 -
foot straight edge.
5.1.11. A continuous Concrete curb, 12” wide and 8” deep with one #5 continuous shall be poured at outer perimeter edge of asphalt to encompass asphalt court as per plan and detail. 5.1.12. Eight (8) 4 ½” galvanized goal post shall be set as per plan and detail. 5.2. Color Finish Course: Apply in accordance with manufacturer’s instructions. 5.3. Playing Lines: 5.3.1. For new construction, it is recommended that a minimum of 60 days elapse before applying the surface color and playing lines. A striping-paint should be placed no thicker than necessary for delineation. Base lines should not be more than 4” wide, and playing lines should not be more than 2” wide. Base and playing lines must be accurately located and marked in accordance with plans. 5.4. Basketball Goal Post and Backboard: 5.4.1. Goal posts shall be set as to establish a ten (10) foot height from asphalt surface to basket rim except as noted on plan where some rims may be set at eight (8) foot finished height from asphalt surface. 5.4.2. Basketball Poles shall be installed as per plan, encased in 24” diameter by 36” deep concrete or as per engineered and wind load specifications. 5.4.3. Pole and backboard specifications 5.4.3.1. Goal Post: 4 ½” O.D. Post, Basketball Backstop w/Aluminum Fan Backboard & Nylon Net, with a minimum of 4’ offset from backboard to vertical pole. 5.4.3.2. Adjustable Goal Post: 4 ½” O.D Adjustable Basketball Backstop w/Aluminum Fan Backboard & Nylon Net. 5.4.3.3. Painted Target & Border for each Backboard.
5.5. Fencing: 5.5.1. Fencing shall be green vinyl mesh, ten foot (10’) or twelve foot (12’) high as noted on the bid price sheet. Corner post and gate posts to be 3” OD, line posts to be 2 ½” OD. All posts to be schedule 40. All posts and framework to be painted to match vinyl mesh,
mesh to be 1 ¾”, 9 gauge finish with bottom tension wire. Fencing to be held in approximately six inches (6”) from paving edge. One (1) pedestrian gate 4’ wide to be included. 5.6. General: 5.6.1. During construction, contractor shall place and maintain a temporary protective 4’ orange fence barrier around work entire area. Two (2) barriers spaced 10’ required when heavy equipment is used or excavation is performed. 5.6.2. After installation of asphalt court, contractor shall re-establish contour and grade of field surrounding court and affected work areas to reduce possible standing water,
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remove all construction debris and trash. 5.6.3. Finish product shall comply with bid documents and plans unless directed to alter specifications by Project Manager/supervising OCPS representative in writing. 5.7. Part One - General 5.7.1. Compliance: Bidder shall meet or exceed the below codes, publications and standards. 5.7.1.1. National Federation of State High School Associations Court and Field Diagram Guide, Indianapolis, Indiana, Current edition. 5.7.1.2. National Federation of State High School Track and Field Rules Book, current Edition.
5.7.1.3. American’s With Disabilities Act Accessibility Guidelines (ADAAG). 5.7.1.4. State Requirements for Educational Facilities, Current Edition. 5.7.1.5. Florida Building Code, Current Edition. 5.7.1.6. OCPS Design Guidelines, Current Edition. 5.7.1.7. The design and dimensions of play courts shall be as described in the National Federation of State High School Associations, Court and Field Guide (See drawings in APPENDIX O). 5.7.1.8. American Society for Testing and Materials (ASTM). 5.7.2. Warranty: 5.7.2.1. Manufacturer’s Warranty: 5.7.2.1.1. The Manufacturer shall warrant that the product is free from defects, to include chalking and fading, in material and workmanship for a period of one (1) year from the date of final completion. 5.7.2.2. Installer’s Warranty: 5.7.2.2.1. The installer shall warrant the installation of the product to be free from defects for a period of one (1) year from the date of completion. 5.7.3. Submittals: 5.7.3.1. Product Data: Submit manufacturer’s product data, including surface and crack preparation and application instructions. 5.7.3.2. Samples: Submit manufacturer’s color samples of color coating to OCPS representative. 5.8. Part Two – Product System 5.8.1. System Description 5.8.1.1. All systems and installation shall be in accordance with specifications of
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OCPS current Design Guideline DG 11 66 66 10 – Outdoor Athletic Fields, Field Event Facilities and Play Courts. 5.8.1.2. The base and sub base for all hardcourts shall be as recommended by the Civil Engineer, based on the Geotechnical Engineer’s report on existing soil conditions. 5.8.1.3. The coating product shall be a 100% acrylic emulsion (asbestos free) coating for use on outdoor asphalt surfaces. 5.8.1.4. The acrylic color shall be a non-fading color that is pigmented through the layered application. 5.8.1.5. The applications shall be done in three coats. 5.8.1.6. The top course of asphalt shall be Type-3 (or equal) hot-mix asphalt in accordance with National Federation of State High Schools Associations standards and specifications. Minimum allowable thickness shall not be less than (1) inch. 5.9. Part Three – Execution 5.9.1. Examination 5.9.1.1. The exterior surface shall be inspected for existing surface conditions before application of acrylic surfacer. 5.9.1.2. Starting installation constitutes Contractor’s acceptance of surface as suitable for installation. 5.9.2. Environmental Conditions 5.9.2.1. The surface of the play-court shall be within the ambient temperature range recommended by the Manufacturer, which is usually from 50 degrees F to 140 degrees F. 5.9.2.2. The acrylic surfacer must be dry, (drying time as recommended by the Manufacturer) before any rainwater hits the application. 5.9.2.3. Do not apply asphalt court surface color coating system when rain is expected during application or within 24 hours after application 5.9.3. Surface Preparation, Repairs and Resurface for Existing Asphalt Play Courts 5.9.3.1. Cleaning – Prior to the application the existing surface must be thoroughly clean, sound, dry and free of oils and other bond inhibiting contaminants. Pressure wash is required to remove all mildew. 5.9.3.2. Repair grade depressions - Prior to the applications of coating materials, entire surface should be checked for minor depressions or irregularities. Spalls, delamination, potholes, scaling, pop outs, and other defects in the substrate must be repaired and all projections must be leveled prior to the commencement of the installation. 5.9.3.3. Surface leveling – The surface leveling birdbaths shall be leveled using
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primer, shall be brushed into place and allowed to dry prior to patching. 5.9.3.4. Crack Filling - All cracks shall be cleaned, primed, and filled using Acrylic Crack Sealant or equal if cracks are 1/16 inch or less. Cracks greater than one-quarter (1/16) inch in width shall be filled with court patch binder. 5.9.3.5. Crack Fabric Treatment –Treat and seal with waterproof fabric adhesive tape. Once this fabric is applied it will be smoothed and blended into the surface. 5.9.3.6. Resurfacer – Apply Acrylic Resurfacer (acrylic latex modified with synthetics fibers and fillers) or equal as recommended by the manufacturer. 5.9.3.7. Textured Color Coats – Apply Color Coat Concentrate textured mixture or equal as recommended by the manufacturer. Each layer shall be completely dry before applying subsequent layers. Colors and texture to match indoor surface. 5.9.3.8. Line paint: All lines to be applied according to U.S.T.A. specifications. Lines must be straight and have clean, sharp edges. If lines are inaccurate or not straight they will be done over. 5.9.3.9. Clean up – All trash and excess materials will be removed from site.
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SECTION V. INSTRUCTIONS TO BIDDERS 1. Bid Submittal Instructions: Bidder shall submit their bid in accordance with the instructions and schedule included in the solicitation containing these specifications and documents. Bid Submittals not conforming to the instructions provided herein may be subject to disqualification at the sole option of OCPS. 2. Bid Requirements: The following Appendices, upon which information is required, must be completed and provided with the Bid Submittal: i. Invitation to Bid Cover Sheet ii. Statement of Affirmation and Intent iii. Bidder’s Experience and Qualifications iv. Bidder’s Statement of Principal Place of Business v. Bidder’s Statement of Financial Qualification vi. Drug-free Workplace Certification vii. Non-Disclosure Agreement for Confidential Materials viii. Debarment and Suspension Certification ix. MWBE/LDB Participation Guidelines x. MWBE/LDB/VBE Subcontractor Participation (if applicable) xi. Bid Price Sheet 3. “No Bid” Response Submittal Form: If Bidder is not providing a Bid Submittal in response to this Contract, Bidder shall complete and submit the “No Bid” Response Submittal Form electronically prior to the due date established in this Contract via www.vendorlink.orps.net. 4. Electronic Submission: Bidder shall submit Bid Submittal electronically through VendorLink at www.vendorlink.ocps.net. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise during proposal submission. i. Upload files only in Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file formats. ii. Enable printing on files submitted. iii. Clearly identify the ITB Number, Name, Submission Date, and Bidder Name on Invitation to Bid Cover Sheet. iv. Complete the Invitation to Bid Cover Sheet on Bidder’s using the following information: a. Business Name; b. Complete Business Address; c. Name(s) and contact information of key personnel. v. Separate and identify each part of the submission. vi. Allow for adequate time to post bid prior to the designated deadline. The online portal for bid submission will close at the time designated and any bids not completely submitted will not be considered. 5. Withdrawal: Bidders may withdraw, alter, and resubmit Bid Submittals through VendorLink at any time prior to the due date and time of this Contract. Any Bid Submittals not withdrawn will constitute an irrevocable offer, for a period of 90 days, to provide OCPS with the services specified in the proposal. OCPS may request clarifications and additional information after proposal submission. 6. Signature: All Bid Submittals must be signed by an officer or employee having authority to legally bind Bidder. Any corrections of unit prices must be initialed. This includes corrections made using correction fluid (white out) or any other method of correction. Bidders should become familiar with any local conditions which may, in any manner, affect the product or service required. Bidders are required to carefully examine the ITB terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under this Contract. No additional allowance will be made due to lack of knowledge of these conditions. 7. Florida Department of State, Division of Corporations Registration Requirements: Bidders that are required to be registered with the Florida Department of State, Division of Corporations or who are
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incorporated within the State of Florida must furnish their Florida document number, and written documentation of “active” status. All registered Bidders must have an active status in order to be eligible to do business with OCPS. Bidder(s) doing business under a fictitious name must submit the Bid Submittal using the company’s complete registered legal name, i.e. ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.org. 8. Fingerprinting, Badges, and the Jessica Lunsford Act: The Jessica Lunsford Act was enacted on September 1, 2005 in response to the tragic abduction and death of Jessica Lunsford. This law affects a Bidder’s business operations and employees if they are under Contract with Orange County Public Schools. 8.1. The Awarded Bidder and any of its employees performing services hereunder shall comply with the Jessica Lunsford Act, effective September 1, 2005. “Non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in s.1012.32. Contractual personnel shall include any vendor, individual, or entity under Contract with a school or the school board.” See Section 1012.465, F.S. 8.2. Florida statute requires all vendors, contractors and subcontractors of OCPS to undergo a FDLE/FBI Level II background screening and be fingerprinted in any one of the following conditions apply: i. Vendor employees will be on school grounds when students are present; ii. Vendor employees will have direct contact with students; or iii. Vendor employees will have access to or control of school funds. 8.3. Vendors meeting the above conditions shall carry an OCPS badge. Vendors that currently have a badge with another school district in the state of Florida, need to renew a current OCPS badge, have never applied for a badge with OCPS Schools or are uncertain whether a badge is required shall follow the instructions at https://www.ocps.net/cms/one.aspx?pageId=99924.
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SECTION VI. GENERAL TERMS AND CONDITIONS
1. Contractual Agreement: This Bid Submittal and subsequent award by OCPS shall constitute a binding and enforceable contract. All Specifications, Terms and Conditions, Addenda, and correspondence of this Contract shall be incorporated into the final award and become an integral part of the Contract. Unless otherwise stipulated in this Contract, no other contract documents shall be issued. 2. Timely Submission of Bid Submittals: It is the sole responsibility of Bidder to ensure timely submission of the Bid Submittal. Bidder is responsible for allowing adequate electronic submission in order that the Bid is delivered to the Procurement Services Department by the specified due date and time. Submittals sent by any other means not specified herein will not be accepted. Bid Submittals may not be withdrawn for sixty (60) days after opening. 3. Bid Information and Notification: All solicitations and supporting documents are posted on the VendorLink OCPS website at www.vendorlink.ocps.net. Bidders are responsible for monitoring the website for solicitation opportunities and updates. All solicitations and supporting documents, such as Addenda, Notice of Intent, and Notice of Award, will be posted on the website. 4. Providing Erroneous or False Information: Bidder(s) failing to provide requested information and/or clarification or submitting false or erroneous information may be deemed non-responsive and shall not be awarded a contract. If a Bidder(s) Submission is found to contain false and/or erroneous information after a Contract is awarded, the Contract may be terminated. 5. Awards: Bids shall be awarded based on the lowest, Responsive, and Responsible Bidder(s). OCPS reserves the right to award to more than one Bidder for same or similar products or services; to make award(s) by individual item, group of items, and all or none or a combination thereof; or to reject any and/or all bids; and to waive any minor irregularity or technicality. Discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes, but may be considered in the event of a tie in scoring when evaluating bids. 5.1. Awarded Bidder(s) shall accept Purchase Orders or an OCPS Purchasing Card as instruments of authorization for purchases. Awarded Bidder(s) who fail to comply with this requirement will be deemed as failing to perform. All purchases are contingent upon the appropriation of OCPS’s funding. 6. Evaluation of Past Performance: Bidder(s) shall provide information to demonstrate how well its company, or team, has performed on contracts that are similar in size, scope, and complexity to this Contract. In order to evaluate Bidder(s) past performance, Bidder(s) are required to submit: (i) a list of references with the Bid Submittal; (ii) a list of relevant projects completed within the last three (3) years that are similar to the magnitude of this Contract; (iii) all technical specifications associated with this Contract; (iv) financial ability, capacity and/or resources to acquire and maintain required staffing, as defined by Appendix E; and (v) any other criteria indicated in this Contract. 7. Tie Bids: In the case of identical Responsive and Responsible Bid Submittals, the following criteria, in preferential order, shall be utilized in the process of selecting and awarding Bidder(s): (i) MWBE Certification; (ii) LDB Certification; (iii) VBE Certification; (iv) Drug Free Workplace; (v) Payment Discount Offered; and (vi) a Coin Flip in the event that preceding criteria does not differentiate Bidders with a tied score. 8. MWBE, LDB, and VBE: In accordance with OCPS Policies DJFA, DJFB, and DJFC, OCPS has established policies setting forth participation goals for the dollar value of work to be awarded to MWBEs, LDBs, and VBEs. Guidelines may be accessed from the OBO website at www.obo.ocps.net. 9. Preference to Florida Businesses: OCPS shall provide an equal preference to the lowest Responsible and Responsive Bidder(s) having a principal place of business within Florida, as part of the competitive solicitation process for purchases of personal property. As such, in a competitive solicitation in which the lowest Responsible and Responsive Bidder(s), whose principal place of business is located outside the
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state of Florida, OCPS shall not grant a preference in competitive solicitation to such Bidder(s). The preference to the lowest Responsible and Responsive Bidder(s) having a principal place of business in the State of Florida shall be five percent (5%). Section 287.084(1)(a), F.S. 9.1. A Bidder whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Section 287.084(2), F.S. 10. Favored Nation Clause: Based on similar size and quantity, it is understood that Bidder is providing OCPS the same or better pricing than other districts and governmental agencies. If during the term of this agreement, OCPS locates better Pricing for the same item, Bidder agrees to offer OCPS the reduced price. 11. Right to Reject: OCPS reserves the right to reject any or all bid, to waive irregularities and technicalities, or to accept the bid(s), which, in its sole judgment, best serves the interest of OCPS. 12. OCPS Reservations: These additional options are for the convenience and benefit of OCPS and Bidder. The intent of these options is to promote “one-stop shopping” for both basic and enhanced systems. 12.1. OCPS reserves the right to prohibit the sale of any and all additional products, and to terminate the Contract with Bidder if OCPS determines, in its sole discretion, that the Bidder is abusing these options to sell products that Bidder is not authorized to Offer. 12.2. OCPS reserves the right to increase or decrease the number of authorized categories and subcategories as markets change and new technologies emerge. Manufacturers may also offer at no cost the software necessary to operate the authorized hardware. 12.3. OCPS reserves the right to request additional information and / or clarification pertaining to Bidder’s experience, ability, and qualifications to perform services described in this Contract during the solicitation or after Contract award. 13. Bid Protests: In accordance with OCPS Policy DJE and Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications set forth in this Contract or who is adversely affected by a decision of OCPS concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated Contract value. 13.1. The Notice of Intent to Protest and formal written protest shall be filed with the Senior Director, Procurement Services, 445 West Amelia Street, Orlando, Florida 32801. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 14. Purchases by Other Public Agencies/Piggyback: With the consent and agreement of the successful Bidder(s), purchases may be made under this Contract by other governmental agencies, political subdivisions within the State of Florida, or any other public entity. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own Purchase Order to the Awarded Bidder(s). This consent and agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items. OCPS reserves the right to
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obtain further discounted pricing resulting from other agencies piggybacking from OCPS’s Contract resulting in increased quantities. 15. Right to Use Existing Bids/Non-exclusivity: OCPS reserves the right to utilize any other contract, including, but not limited to, the following: any State of Florida Contract, any Contract awarded by any other city or county governmental agencies, other school boards, other community college/state university system, cooperative bid agreements, or to directly negotiate/purchase per OCPS policy and/or Rule 6A-1.012, Florida Administrative Code. OCPS also reserves the right to bid separately any item(s) and/or service(s) covered under this Contract, if deemed to be in the best interest of OCPS, at any time during the terms of the Contract. 16. Non-Collusion: The prices in Bidder’s Submittal must arrive independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 17. Conflict of Interest: In addition to full and complete adherence to the requirements provided in Section 112.313, F.S., all Bidders must disclose the name of any officer, director, agent, or representative who is also an employee of OCPS and who knowingly owns, directly or indirectly, any interest of any amount in Bidder’s company, firm, or branch. 18. No-Contact Period/Lobbying: In accordance with OCPS the KCE Ethics and Lobbying Policy, OCPS members and OCPS employees (except the Procurement Representative) are not to be contacted prior to the decision of OCPS to approve or reject the final recommendation presented to it by the Superintendent. At the discretion of OCPS, failure to comply with this requirement will be grounds for disqualification. 18.1. Specifically, this No-Contact Period shall commence on the initial date of the advertisement for this Contract and continue through and include the date OCPS makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify Bidder from consideration. 19. Marketing/Advertising: Bidder shall not use the results of this Contract as a part of any marketing and/or commercial advertising. 20. Labor Rate: Labor provided by the Awarded Bidder(s) shall be billed to OCPS, based on the hourly rates submitted on the Bid Price Sheet. The Bidder(s) hourly rate shall include: (i) full compensation for labor, (ii) equipment use, (iii) travel time, and (iv) any other cost (including overhead) to Bidder. OCPS shall only pay fair market prices for labor. 21. Pricing: Bid Pricing will be accepted and considered by the following methods: (i) the bid price per item, per specified quantity, (ii) the total bid price for all items for these specifications in an “All or None” Bid, per Lot, and/or (iii) the items may be grouped in an “All or None” Bid for a particular group of items while other items are bid per item. OCPS reserves the right to award the Bid applying any of these methods. 21.1. Prices are requested in units of quantity specified within this Contract. In case of a discrepancy in computing the total amount of Bidder’s bid, unit prices shall prevail. Bidder’s prices shall include all fees and/or costs involved in providing the commodity or contractual service to OCPS. 21.2. Bid Pricing shall include inside delivery, F.O.B. Destination, freight prepaid and shall include all cartage, drayage, and packing delivered to and unloaded at the receiving site designated in this Contract or Purchase Order. Bidder shall pay and bear all freight related charges, own goods in transit, and file any claims. 21.3. OCPS 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
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Bidder(s) that use the tangible personal property in the performance of agreements for the improvement of OCPS owned real property as defined in Chapter 192, F.S. 22. Equitable Adjustment: Prices offered shall remain firm through the first three (3) years of this Contract. A request for price adjustment, with proper documentation justifying the adjustment, may be submitted, in writing, thirty (30) days prior to the third (3rd) anniversary date of the contract. Price adjustment requests shall be evaluated on an annual basis thereafter. 22.1. Unit price adjustments must have written approval from OCPS prior to invoicing. Any unit price adjustment invoiced without written approval from OCPS shall not be paid and the invoice returned to the Awarded Bidder for correction. 22.2. Requests for price adjustments shall not exceed the percentage of change in the Consumer Price Index (CPI) for the previous twelve (12) months of the anniversary date, but shall not exceed three percent (3%) per adjustment. The CPI shall not be seasonally adjusted. OCPS reserves the right to request a reduction in Contract prices equal to the percentage of change of the CPI in the event of a reduction. OCPS reserves the right to not renew any Contract regardless of price considerations. Information on the CPI may be obtained from the Bureau of Labor Statistics at http://www.bls.gov or by contacting the Bureau directly. 23. Material Markup: OCPS reserves the right to furnish materials to the Awarded Bidder(s). If Bidder is required to provide materials for the service(s), OCPS shall be billed the actual price Bidder paid for the items plus the percentage markup awarded. All items must be of commercial grade in order to satisfy operational performance. Materials/parts mark-up must not exceed ten percent (10%). Bids with markup higher than specified will be disqualified and considered non-responsive. 23.1. Bidder’s material/part invoices will be provided upon request by OCPS. OCPS shall pay fair market prices for materials. OCPS reserves the right to audit Bidder’s invoices from the manufacturer for materials used in performance of this Contract. Bidder must comply within 48 hours of this request or may be deemed in non-compliance and be subject to contract termination. 24. Performance Qualifications: OCPS reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Bidder meet the Contract requirements. Bidder shall at all times during the Contract term remain responsive and responsible. 25. Quantities: The quantities as shown on the Bid Price Sheet are estimates only and in no way obligate OCPS to purchase these amounts. The estimates are intended as a guide only. The actual quantities purchased under this Contract may vary. OCPS reserves the right to re-negotiate prices if, at any time during the term of the agreement, OCPS purchases more than the estimated quantity of any line item on Bidder’s Bid Price Sheet. 26. Quality: The commodities bid in this Contract must be commercial grade being the newest, latest model, and of the best quality and highest-grade workmanship so as to accomplish the service work satisfactorily. The commodities may be tested for compliance with this Contract conditions and specifications at any time. Items delivered not conforming to this Contract conditions and/or specifications may be rejected and returned at Bidder's expense. 27. Silence of Specifications: Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve Bidder from responsibility. 28. Manufacturer’s Name and Approved Alternates: Any manufacturer’s names, trade names, brand names, information, and/or catalog numbers listed in a specification are for information and not intended to limit competition. If this Contract allows equivalent products, each Bidder shall indicate on the Bid Price Sheet the manufacturer’s name and model number, including cut sheets, sketches, and Descriptive Literature, and/or complete specifications. OCPS reserves the right to determine acceptance of item(s) as an approved alternate. Bid Submittals that do not comply with these requirements may be subject to rejection. If the manufacturer’s model number for the items specified herein is incorrect, has changed,
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becomes unavailable, or has been replaced with a new updated model and specifications, Bidder shall notify Procurement Services in writing. 29. Item Substitutions: Substitution of other brands for items awarded and ordered is prohibited. In the event an awarded item is discontinued by the manufacturer during the term of the Agreement and is not available from either Bidder’s or manufacturer’s inventory, then the Awarded Bidder must provide written notification from the manufacturer that the item has been discontinued. Bidder must file a written request with Procurement Services and be granted written approval to substitute before any substitution may be made. Requests to substitute shall be accompanied by complete specifications for the proposed substitute item and a sample, if requested. 30. Equivalent or Approved Equal: Whenever a product is defined in any of this Contract by describing a proprietary product, or by using the name / model of a manufacturer or vendor, the term “or other units considered to be equivalent”, if not inserted, shall be implied. The specific product described shall be understood as indicating the type, function, and minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude products of comparable quality, design, and efficiency. 30.1. Complete descriptive information of the offered product must be included with the proposal. Products being proposed as an equal to the items specified must be available for inspection / evaluation by OCPS. Samples, when requested, must be furnished within five (5) working days of the request at no cost to OCPS. If not destroyed during evaluation, samples may be returned to Bidder on request at Bidder’s expense. 30.2. Determination of equivalent or approved equal is at the sole discretion of OCPS. 31. New Items and/or Options: New items and/or options may be included after award of this Contract if they are standard items and/or options for this commodity. Items inadvertently left off the Bid Price Sheet may be viewed as an option not known to exist at the time this Contract was sent out, but are now available as an additional option. Awarded Bidders wishing to provide additional options, may attach to their price sheet their list of options which are currently available. Since these products will be made to order on an as needed basis, each purchase could vary greatly since many will be site specific. As market and/or building code changes occur the Awarded Bidder(s) may contact the Procurement Services about additional options. 32. Method of Ordering: Orders shall be processed only upon receipt of an authorized Purchase Order issued by OCPS, or an OCPS Purchasing Card. All orders shall be initiated on an as-needed basis throughout the term of this Contract. Orders shall be promptly filled and delivered to the location specified on the Purchase Order. Any item or items received that do not meet specifications or duplicate Shipments received will be returned at the Awarded Bidder’s expense. 33. Invoicing: Awarded Bidder(s) shall submit invoices that reference valid OCPS Purchase Order numbers on all requests for payment. Invoices, in duplicate, shall be mailed directly to Orange County Public Schools, Florida, Accounts Payable, P.O. Box 4984, Orlando, Florida 32802-4984. A separate invoice must be received for each Purchase Order number. It is the sole responsibility of Bidder to ensure that the invoice corresponds to the Purchase Order and to resolve any discrepancies by notifying the point of contact person listed on the attention line under the ship to area of the Purchase Order prior to submitting the invoice for payment. Any invoice submitted as a result of the Award of this Contract shall be itemized reflecting the items on the Purchase Order. Lump Sum invoices shall not be submitted and will not be accepted for multiple line Purchase Orders. 34. Payment: OCPS will only pay Bidder(s) the amounts authorized on the Purchase Order. Payment will be made according to Chapter 218, F.S., the Local Government Prompt Payment Act after the commodities or contractual services provided by a Bidder have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. Payment for partial Shipments shall not be made unless specified. Failure to follow these instructions may result in delay in processing
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invoices for payment. The Purchase Order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence. 35. Packaging: All products shipped shall require proper packaging to ensure they are received free from damage. Awarded Bidder(s) must comply with all packaging requirements as required for the product to be received and used in proper working condition. All such packaging costs shall be included in bid unit prices. 36. Inspection, Acceptance, and Title: The Awarded Bidder shall be responsible for delivery of all items in good condition at destination point. Bidder shall file with the carrier all claims for breakage and other losses. OCPS shall document packages that are not received in good condition. In the event the commodities and/or contractual services are found to be defective or do not conform to specifications, OCPS reserves the right to cancel the order upon written notice to Bidder and/or return the product at Bidder’s expense. 37. Delivery: Deliveries shall be made during normal operating hours there will be no deliveries made on Saturdays, Sundays, or holidays when all school buildings and the warehouse are closed. It shall be the responsibility of the Bidder to coordinate the jobsite delivery and placement of materials required for completion of the project with the assigned OCPS representative. 37.1. All deliveries will be F.O.B. Destination, freight fully prepaid by Bidder. Bidder must include in the item price all delivery and shipping charges to all schools and facilities located within Orange County, Florida on the Bid Price Sheet. OCPS will not accept bids that contain separate charges for delivery or shipping. OCPS will honor no common carrier/drayage charges. 37.2. Bidder shall make deliveries within two (2) calendar days from the date of the receipt of the Purchase Order. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by Bidder(s); except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of Bidder. In these cases, Bidder shall notify the school or department of the delays immediately with a revised delivery date. 45. Failure of Performance and/or Delivery: If the Awarded Bidder fails to perform as required per these specifications, or fails to deliver the item(s) specified in these specifications, he shall recompense OCPS for any damages to the said Board caused by his failure to perform as stated. 46. Protection of Persons and Property: Precautions will be exercised at all times for the protection of persons (including employees) and property. Barricades will be provided by the Awarded Bidder at its expense when work is performed in areas traversed by persons or vehicles. Bidder shall conform to any safety requirements deemed necessary by OSHA requirements and by OCPS Representative to insure that safety of all students, staff, and community members. 46.1. Bidder shall at all times guard from damage or loss to property of OCPS or of other Bidders and shall replace or repair any loss or damage unless such is caused by OCPS, other Bidders. OCPS may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss or damage to property through negligence of Bidder or its agents. 47. Removal of Debris: The Awarded Bidder shall be responsible for the prompt removal of all debris from the worksite, which is a result of its activities. Bidder shall not use the trash receptacles located on OCPS property. Any debris left at the worksite shall be removed within 24 hours’ notice from OCPS. Bidder assumes all liability for accidents that may occur due to any debris, equipment, tools, and worksite hazards. 48. Acceptance of Products and/or Services: The products and/or services to be provided hereunder shall be delivered to OCPS, in full compliance with the specifications and requirements set forth in this contract. If the product provided by Bidder is determined to not meet the specifications and
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requirements of this contract, either upon initial inspection or discovered at a later date, the item will be returned, at Bidder’s expense, to Bidder. At OCPS’ own option, b shall either provide an approved replacement, or provide a full credit for the returned product. Bidder shall not assess any additional charge(s) for any conforming action taken by OCPS under this clause. 48.1. All items furnished must be new (current year model) to OCPS, the latest model, first quality, carry the manufacturer’s standard Warranty and be equal to or exceed the specifications listed in the bid. OCPS must be the first time user of the product(s).
49. Manufacturer’s Warranty: Bidder shall furnish Manufacturer Warranty on all items furnished hereunder against defect in materials and/or workmanship. The Manufacturers’ Warranty shall become effective on the date of acceptance by OCPS. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated Warranty period, the Awarded Bidder(s) shall repair or replace same at no cost to OCPS, immediately upon notification. 49.1. Bidder shall not limit or exclude any implied warranties, and any attempt to do so shall render this Bid voidable at the option of the district. Bidder warrants that the goods furnished will conform to the specifications, drawings, and descriptions listed in the proposal documents, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 50. Service during Warranty Period: During the warranty period, Bidder must repair or replace any defective equipment without cost to OCPS with the understanding that all replacements shall carry the same guarantee as the original equipment. Bidder shall maintain an inventory of available parts in order to service all items when requested and unless otherwise specified, all equipment bid must be new, the latest model, first quality, carry the Manufacturer’s standard Warranty and be equal to or exceed the specifications listed in the bid. Bidder shall make any such repairs or replacements immediately upon receiving notice from an OCPS representative. 50.1. If the repairs cannot be made at the school or location, where the item is located, Bidder must pick-up the item, repair the item, return the item to the location where it is being used, and provide parts and equipment to ensure that the system remains operational at no charge to OCPS. 51. Warranty-Safety: Bidder warrants that the products, materials and services sold to OCPS shall conform to the standards promulgated by the federal government including, but not limited to, the U.S. Department of Labor under OSHA and the Consumer Product Safety Commission (“CPSC”). In the event the products, materials and services do not conform to applicable safety standards, OCPS may return the products and materials for correction or replacements at Bidder’s expense. In the event Bidder fails to make the appropriate correction within a reasonable time (i.e., 2 weeks) correction may be made by OCPS at Bidder’s expense. 52. Warranty-Infringements: Bidder agrees to ascertain whether goods manufactured in accordance with the specifications will give rise to the rightful claim of any third person by way of infringement or the like. If Bidder is of the opinion that an infringement or the like will result, he will notify OCPS to this effect in writing within two weeks after the signing of this Bid. If OCPS does not receive notice and is subsequently held liable for the infringement or the like, Bidder will indemnify OCPS for any damages due to such claim. If Bidder in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this Bid shall be null and void except that OCPS may pay Bidder for the reasonable cost (as determined by OCPS) of his / her search as to infringements. 53. Discrepancies: Bidder shall expeditiously resolve any and all discrepancies. Discrepancies are defined as: receipt of damaged items, delivery shortages/overages, non-compliance with bid/ Purchase Order instructions, damage to OCPS property and all other discrepancies caused by Bidder as related to the Contract and/or Purchase Order.
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54. Asbestos and Formaldehyde Statement: Bidder certifies that all materials supplied to OCPS will be one hundred percent (100%) asbestos and formaldehyde free. 55. Manufacturer’s Certification: Procurement Services reserves the right to request all manufacturers’ certifications, if applicable. 56. Bidder’s MSDS Submission: An MSDS must be submitted with Bid Submittal for all hazardous materials/chemicals. Failure to submit the required MSDS may render the Bid Submittal non-responsive. This information must be provided in compliance with Florida’s Right-To-Know Law. 57. Bidder’s Facilities: OCPS reserves the right to inspect Bidder’s facilities at any time with prior notice. OCPS may use the information obtained from this inspection in determining whether Bidder is Responsible. 58. Familiarity with Laws, Ordinances, Rules and Regulations: The Awarded Bidder is required to be familiar with all federal, state and local laws, ordinances, rules, regulations, and OCPS policies and procedures that may affect their work in any manner. Failure on the part of Bidder to be aware of any law, ordinance, rule or regulation will in no way relieve it from any responsibility or liability arising from the ITB award. Bidder assures and certifies that it will comply with all laws, ordinances, rules, regulations, and all other legal requirements. Bidder shall abide by all OSHA, NFPA and ADA regulations pertaining to the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression / extinguishers, job site first aid kits, and emergency communication. Any work site accidents shall be reported to SBOC and any other proper authorities. 58.1. Bidder shall have in their possession all-applicable insurance, permits, licenses, etc. that may be required by law to furnish services under the scope of this Agreement. Bidder must not be in violation of any law or other ordinances during the life of this Agreement. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of Bidder. 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 Bidder shall constitute cause for immediate termination of the Agreement. 59. Davis-Bacon Act (34 CFR 80.36(i)(4)): All Bidders, 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 two thousand dollars ($2,000.00) awarded by grantees and sub-grantees when required by Federal grant program legislation. Applies to all construction contracts in excess of two thousand dollars ($2,000.00) awarded by OCPS and sub-grantees when required by Federal grant program legislation. 60. Family Educational Rights and Privacy Act (“FERPA”): To the extent Services provided hereunder pertain to the access to student information, Bidder shall adhere to all standards included in Sections 1002.22 and 1002.221, Florida Statutes (the Protection of Pupil Privacy Acts), 20 U.S.C. §1232g - FERPA, the federal regulations issued pursuant thereto (34 CFR Part 99), and/or any other applicable state or federal law or regulation regarding the confidentiality of student information and records. Further, Bidder, and its officers, employees, agents, and representatives, shall fully indemnify and hold OCPS harmless for any violation of this provision including, but not limited to, defending OCPS and its officers, employees, agents, and representatives against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon OCPS, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon OCPS arising out of the breach of this provision by Bidder, its officers, employees, agents, or representatives, to the extent that the Bidder, or its officers, employees, agents, or representatives, shall either intentionally or negligently violate this provision, Sections 1002.22 and 1002.221, Florida Statutes, or other applicable state, local, or federal laws, rules, or regulations. This provision shall survive the termination of or completion of all performance obligations under this Contract, and shall remain fully binding upon Bidder. A separate Non-Disclosure Agreement may be required.
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61. Health Information Privacy and Accountability Act (“HIPAA”), Children Internet Protection Act (“CIPA”), and Gramm-Leach Bliley Act (“GLBA”): Bidder must comply with all applicable state and federal laws, regulations, and OCPS policies including Privacy Rights of Students, Computer Users' Responsibilities, Security of Computing Resources, Security of Data, Privacy of Computing Resources, HIPAA, CIPA, and GLBA. 62. OSHA Compliance: Bidder warrants that the product or products supplied to OCPS shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1979, as amended, and the failure to comply will be considered a breach of contract. 63. Underwriters’ Laboratories (“UL”): Unless otherwise stipulated in the ITB, all manufactured items and fabricated assemblies shall be UL listed where such has been established by UL for the item(s) offered and furnished. In lieu of the UL listing, Bidder may substitute a listing by an independent testing laboratory recognized by OSHA under the Nationally Recognized Testing Laboratories (NRTL) Recognition Program. 64. Equal Employment Opportunity (“EEO”): OCPS does not discriminate in admission or access to, or treatment or employment in its programs, activities, and award of contracts, on the basis of race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law. If Bidder(s) wish to gain additional information about compliance matters and the OCPS EEO, Bidder(s) may contact the EEO Supervisor, Section 504 Coordinator, or Title IX Coordinator at the Ronald Blocker Educational Leadership Center, 445 West Amelia Street, Orlando, Florida 32801. 65. Prohibition Against Contracting With Scrutinized Companies: In accordance with Section 287.135, F.S., OCPS 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 OCPS.“ 65.1. 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, F.S. 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 Bidder certifies that it and those related entities of Bidder 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 Section 215.473, F.S. 65.2. Any Bidder awarded this Contract shall be required to recertify at each renewal of the Agreement 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. OCPS may terminate this Contract if Bidder 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 OCPS 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 an agreement, should OCPS determine that the conditions set forth in Section 287.135(4), F.S. are met. 66. Public Entity Crimes: Section 287.133(2)(a), F.S., as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted contractor list following a conviction for public entity crime may not submit a Bid Submittal on a Contract to provide any goods or services to a public entity, may not submit a Bid Submittal on a Contract with a public entity for the construction or
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repair of a public building or public work, may not submit bids on leases of real property to any public entity, may not be awarded or perform work as a contractor, Bidder, 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, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted contractor list. 67. Assignment: The Awarded Bidder(s) shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract, or of any or all of its rights, title, or interest therein, or its power to execute such Agreement to any person, firm, or corporation without prior written authorization by OCPS. 68. Time Is of The Essence: The Awarded Bidder acknowledges that time is of the essence to complete the work as required in each event. The Awarded Bidder agrees that all work shall be prosecuted diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within industry standards. Should Bidder neglect, fail, or refuse to complete the work within the time specified in each and every work request or as properly extended by OCPS, then Bidder does hereby agree, as part consideration for awarding of the Agreement, to pay to OCPS the liquidated damage sum of $50.00 for each work day that Bidder shall delay after the time stipulated in each and every Purchase Order for completing the work, not as a penalty, but as liquidated damages for breach of Contract as set forth herein. If the reasons for the delays are beyond Bidder’s control or an act of God, no liquidated damages for the breach of Contract will be addressed. 69. Notices: All notices shall be in writing and shall be delivered personally, by United States certified or registered mail, postage prepaid, return receipt requested, or by a recognized overnight delivery service. Any notice that must be delivered to OCPS at its respective address is set forth below or to such other address as shall be specified in writing by OCPS according to the requirements of this Contract. Orange County Public Schools Procurement Services445 W. Amelia Street Orlando, FL 32801-1129 69.1. Any notice that must be delivered to Bidder(s) at its respective address is set forth in the ITB Cover Sheet. 69.2. The date that notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date set forth on the return receipt if sent by certified or registered mail. 70. Data Confidentiality: Bidder shall implement appropriate measures designed to ensure the confidentiality and security of Protected Information, protect against any anticipated hazards or threats to the integrity or security of such information, protect against unauthorized access or disclosure of information, and prevent any other action that could result in substantial harm to OCPS or an individual identified with the data or information in Bidder’s custody. 71. Data Security: Bidder must protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority (e.g. Microsoft notifications, etc.) Likewise, OCPS agrees to conform to measures to protect and secure data. 71.1. Data Transmission: Bidder agrees that any and all transmission or exchange of system application data with OCPS and/or any other parties shall take place via secure means, e.g. HTTPS, FTPS, SFTP, or equivalent. 71.2. Data Storage and Backup: Bidder agrees that any and all OCPS data will be stored, processed, and maintained solely on designated servers and that no OCPS data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium, unless that storage medium is in use as part of Bidder’s designated backup and
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recovery processes. All servers, storage, backups, and network paths utilized in the delivery of the service shall be contained within the states, districts, and territories of the United States, unless specifically agreed to in writing by an OCPS officer with designated data, security, or Signature authority. An appropriate officer with the necessary authority can be identified by the OCPS Chief Information Security Officer for any general or specific case. Bidder agrees to store all OCPS backup data stored as part of its backup and recovery processes in encrypted form, using no less than 128 bit key. 71.3. Data Re-Use: Bidder agrees that any and all data exchanged shall be used expressly and solely for the purposes enumerated in this Agreement. Data shall not be distributed, repurposed, or shared across other applications, environments, or business units of Bidder. As required by Federal law, Bidder further agrees that no OCPS data of any kind shall be revealed, transmitted, exchanged, or otherwise passed to other Bidders or interested parties except on a case-by-case basis as specifically agreed to in writing by an OCPS officer with designated data, security, or Signature authority. 72. End of Agreement Data Handling: Bidder agrees that upon termination of this Contract, Bidder shall return all data to OCPS in a useable electronic form, and erase, destroy, and render unreadable all OCPS data in its entirety in a manner that prevents its physical reconstruction through the use of commonly available file restoration utilities, and certify in writing that these actions have been completed within thirty (30) days of the termination of this Agreement or within seven (7) days of the request of an agent of OCPS, whichever shall come first. 73. Data Breach: Bidder agrees to comply with the State of Florida Database Breach Notification process and all applicable laws that require the notification of individuals in the event of unauthorized release of personally identifiable information or other event requiring notification. In the event of a breach of any of Bidder’s security obligations or other event requiring notification under applicable law (“Notification Event”), Bidder agrees to notify OCPS immediately and assume responsibility for informing all such individuals in accordance with applicable law and to indemnify, hold harmless, and defend OCPS and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event. 74. Mandatory Disclosure of Protected Information: If Bidder becomes compelled by law or regulation, including securities laws, to disclose any Protected Information, Bidder will provide OCPS with prompt written notice so that OCPS may seek an appropriate protective order or other remedy. If a remedy acceptable to OCPS is not obtained by the date that Bidder must comply with the request, Bidder will furnish only that portion of the Protected Information that it is legally required to furnish. Bidder shall require any recipient of the Protected Information to exercise commercially reasonable efforts to keep the Protected Information confidential. 75. Safekeeping and Security: As part of the Services, Bidder will be responsible for safekeeping all keys, access codes, combinations, access cards, personal identification numbers, and similar security codes and identifiers issued to Bidder’s employees, agents, or subcontractors. Bidder agrees to require its employees to promptly report a lost or stolen access device or information. 76. Non-Disclosure: Bidder is permitted to disclose Confidential Information to its employees, authorized subcontractors, agents, consultants, and auditors on a need to know basis only, provided that all such subcontractors, agents, consultants, and auditors have written confidentiality obligations to Bidder and OCPS. 77. Request for Additional Protection: From time to time, OCPS may reasonably request that Bidder protect the confidentiality of certain Protected Information in particular ways to ensure that confidentiality is maintained. Bidder has the right to reasonably decline OCPS’s request. 78. Disclosure of Response Content: All material submitted becomes the property of OCPS and may be returned only at OCPS’s option. OCPS has the right to use any or all ideas presented in any reply to this solicitation. Selection or rejection of any response does not affect this right.
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78.1. OCPS is governed by the Public Records Law, Chapter 119, F.S. Only trade secrets as defined in Section 812.081(1)(c), F.S., or financial statements required by OCPS for road or public works projects as defined in 119.071(1)(c), F.S., (hereinafter “Confidential Materials”), may be exempt from disclosure. If a Bidder submits Confidential Materials, the information must be segregated, accompanied by an executed Non-disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled “confidential” or “trade secret.” OCPS will not disclose such Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the OCPS shall execute the Agreement and send Bidder a “Receipt for Trade Secret Information.” Return the Non-disclosure Agreement only if confidential materials are being included in the submittal. The confidential materials will only reviewed by Procurement Representative or the evaluation committee during evaluation phases.
79. Public Records: IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE OCPS CUSTODIAN OF PUBLIC RECORDS AT 407.317.3965, RECORDS@OCPS.NET, ORANGE COUNTY PUBLIC SCHOOLS, RECORDS MANAGEMENT, P.O. BOX 271, ORLANDO, FL 32802.
79.1. Bidder acknowledges its legal obligation to comply with Section 119.0701, Florida Statutes. Bidder shall keep and maintain public records, as that phrase is defined in the Florida Public
Records Act, which would be required to be kept and maintained by OCPS in order to perform the scope of services. Bidder shall comply with all requirements for retaining public records and
shall transfer, at no cost to OCPS, all public records in the possession of Bidder upon a request for such public records. See Section 119.0701(2)(b)4, Florida Statutes, for additional record
keeping requirements. 79.2. A request to inspect or copy public records relating to OCPS’s Contract for services must be made directly to OCPS’s Custodian of Public Records. If OCPS does not possess the requested
records, OCPS’s Custodian of Public Records shall immediately notify Bidder of the request. Bidder must provide a copy of the records to OCPS or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. If Bidder does not timely comply with OCPS request for records, OCPS shall be able
to sue for breach of Contract and the prevailing party shall be entitled to attorney’s fees.
79.3. Should Bidder fail to provide the requested public records to OCPS within a reasonable time, Bidder understands and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, Florida Statutes. 79.4. Bidder shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of this Agreement term
and following the completion, expiration, or termination of same if Bidder does not transfer the records to OCPS. Upon completion, expiration, or termination of this Agreement, Bidder shall transfer, at no cost to OCPS, all public records in its possession or keep and maintain public records required by OCPS to perform the services. If Bidder transfers all public records to OCPS, Bidder shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If Bidder keeps and maintains public records upon completion, expiration, or termination of this Agreement, Bidder shall meet all applicable requirements for retaining public records and provide requested records to OCPS pursuant to
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the requirements of this Article. All public records stored electronically must be provided to OCPS in a format that is compatible with the information technology systems of OCPS. 80. Remedies for Disclosure of Confidential Information: Bidder and OCPS acknowledge that unauthorized disclosure or use of the Protected Information may irreparably damage OCPS in such a way that adequate compensation could not be obtained from damages in an action at law. Accordingly, the actual or threatened unauthorized disclosure or use of any Protected Information shall give OCPS the right to seek injunctive relief restraining such unauthorized disclosure or use, in addition to any other remedy otherwise available (including reasonable attorneys' fees). Bidder hereby waives the posting of a bond with respect to any action for injunctive relief. Bidder further grants OCPS the right, but not the obligation, to enforce these provisions in Bidder’s name against any of Bidder’s employees, officers, board members, owners, representatives, agents, contractors, and subcontractors violating the above provisions. 81. Bankruptcy/Insolvency: At the time of Bid Submittal, Bidder shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If Bidder is awarded a Contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, OCPS may, at its option, terminate and cancel of this Contract, in which event all rights hereunder shall immediately cease and terminate. 82. Non-Performance: Bidder must comply with all requirements as set forth by this contract. Failure to complete the requirements of this Contract shall be considered a default. In case of Contract default, the OCPS may procure the services or products from other sources and hold the bidder responsible for any excess costs occasioned thereby and may immediately proceed to cancel the contract. Furthermore, OCPS may suspend Bidder from future bids and business with OCPS for a specified period of time. 83. Termination: OCPS reserves the right to terminate of this Contract, or any part herein, without cause or penalty. OCPS will notify Awarded Bidder(s) of the intent to terminate via the OCPS Procurement Services website, in writing, a minimum of thirty (30) days prior to the effective date of termination, and this Contract will officially terminate at the end of the thirty (30) day grace period. Termination or cancellation of will not relieve Awarded Bidder(s) of any obligations for any deliverables entered into prior to the termination of this Contract (i.e., reports, statements of accounts, required and not received) and/or obligations or liabilities resulting from any acts committed by Awarded Bidder(s) prior to the termination of this Contract. 83.1. The Awarded Bidder(s) may cancel this Contract with thirty (30) days written notice to Senior Director of Procurement Services. Failure to provide proper notice may result in Bidder being barred from future business with OCPS. 84. Termination for Convenience: The performance of work under this Contract may be terminated by OCPS in accordance with this clause in whole, or from time to time in part, whenever OCPS shall determine that such termination is in the best interest of OCPS. 85. Default: Failure to perform according to this Contract shall be cause for Bidder to be found in default, in which event any re-procurement costs may be charged against Bidder. Failure to pay said amount to OCPS upon demand may result in the company being barred from doing business with OCPS. Thereafter, Bidder may request to be reinstated. In the event of a default on an agreement, Bidder shall be responsible for any and all attorneys’ fees and court costs incurred in collecting any liquidated damages. 86. Force Majeure: OCPS and the Awarded Bidder will exercise every reasonable effort to meet their respective obligations as outlined in this Contract and ensuing Agreement, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, which includes, but is not limited to: compliance with any government law or regulation; acts of God; acts or omissions of the other party; government acts or omissions; fires; strikes; national disasters; wars; riots; transportation problems; and/or any other cause whatsoever beyond the reasonable control of the
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parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 87. Governing Law and Venue: Applicable provisions of all federal, state, county, and local laws, and all ordinances, rules, and regulations shall govern the development, submittal, and evaluation of all bids received in response this Contract and shall govern any and all claims and disputes which may arise between Bidders submitting a response this Contract and OCPS by and through its officers, employees, and authorized representatives, or any other persons, natural or otherwise; and lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof. 87.1. All questions concerning the validity, operation, interpretation, construction, and enforcement of any terms, covenants, or conditions of this Agreement shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. 87.2. All legal proceedings brought in connection with this Agreement shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Orange County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando division. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this agreement. In the event that a legal proceeding is brought for the enforcement of any term of the agreement, or any right arising wherefrom, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit. 88. Interpretation of Bid Documents: No interpretation of the meaning of this Contract document or correction of any apparent ambiguity, inconsistency, or error therein will be made verbally to any Bidder. 88.1. All requests for an interpretation of the meaning of this Contract, and any subsequent Addenda, or correction of any apparent ambiguity, inconsistency, or error therein, shall be in writing, addressed to the Procurement Services Representative by the date and time indicated on the first page of this Contract. Inquiries must reference the date of Bid opening, Bid title, and Bid number. Interpretation of the ITB, clarification of ITB specifications, and changes to the ITB shall be communicated by written Addenda only. 88.2. Only the interpretation or correction so given by the Procurement Services Representative, in the form of written Addenda, shall be binding. Verbal responses shall be considered inadmissible in Bid protest proceedings. Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret, the ITB documents. 88.3. Written Addenda shall be signed by Bidder and returned to Procurement Services by the Bid opening date and time. Failure to return such Addenda may constitute cause for rejection of a Bid Submittal. 88.4. All General Terms and Conditions, Special Conditions, and Specifications attached hereto that vary from these General Conditions shall have precedence. Any inconsistency in this Contract shall be resolved by giving precedence in the following order: (1) Specifications; (2) Special Conditions; (3) General Terms and Conditions; and (4) Instructions to Bidders. 89. Severability Clause: In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability, shall not affect any other provisions of this Contract, but this Contract shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein. 90. Merger: This Contract constitutes the entire Agreement and understanding of the Bidder and OCPS with respect to its subject matter, superseding any agreements or understandings relating to Acquisition
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of the supplies, services, or construction by Procurement Services. Any terms that are in addition to, or different from, those in this Contract shall be disregarded and of no force or effect, unless the Bidder and OCPS explicitly accept the additional or differing terms in writing. 91. Audit and Inspection of Awardees’ Documents and Records: OCPS or its representative reserves the right to inspect and/or audit all the Awardee's documents and records as they pertain to the products and services delivered under this Contract. Such rights shall be exercised with notice to the Awardee to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Contract. Documents/records in any form shall be open to the District or State's representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between OCPS and the Awardee(s).
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APPENDIX A
“NO BID” RESPONSE SUBMITTAL FORM If your company is not submitting a response to this Contract, please complete and submit this form electronically prior to the due date established in this Contract via www.vendorlink.orps.net. This information will assist Procurement Services in the preparation of future bids. Bid #: ITB1903056 Title: Asphalt Play Courts Company Name: Contact Person Name and Title: Address: Telephone: Fax: E-mail Address:
Please check reason for a “no bid”.
___ Specifications “too tight”, geared toward one brand or manufacturer (explain below)
___ Insufficient time to respond
___ Specifications unclear (explain below)
___ Our Company does not offer this product/service or an equivalent
___ Our product schedule does not permit us to perform
___ Unable to meet specifications
___ Unable to meet bond requirements
___ Unable to hold prices firm throughout the term of the Contract period
___ Unable to meet insurance requirements
___ Other: ________________________________________________
Print Name: Signature: Date:
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APPENDIX B STATEMENT OF AFFIRMATION AND INTENT To: Orange County Public School, Procurement Services Solicitation: ITB1903056 Asphalt Play Courts The undersigned, hereinafter called Bidder, declares that the only persons, or parties interested in its Bid Submittal are those named herein, that this submittal is, in all respects, fair and without fraud, and that it is made without collusion with any other Bidder or employee of OCPS. Neither the Affiant nor Bidder have directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive Pricing in connection with Bidder’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of this Contract. Bidder certifies and declares: 1. No Board Member, Director or any OCPS Employee directly or indirectly owns assets or capital stock of Bidder, nor will they directly or indirectly benefit by the profits or emoluments of this Contract. 2. (Please check A or B, as appropriate.) A. ___ There are no professional, business, or Familial Relationships between any OCPS Employee or Board Member and those employees of Bidder or Business Entity that are: (i) Principals of Bidder or Business Entity; (ii) Shareholders, partners, Business Associates, or joint venture partners or otherwise hold a Material Interest in Bidder or Business Entity; (iii) Preparing, submitting, or presenting Bidder or Business Entity procurement documents; or, (iv) Working or expecting to work in any administrative capacity or will have Contract management responsibilities for Bidder or Business Entity. or B. ___ There are professional, business or Familial Relationships between any OCPS Employee or Board Member and those employees of Bidder or Business Entity that are: (i) Principals of Bidder or Business Entity; (ii) Shareholders, partners, Business Associates, joint venture partners or otherwise hold a Material Interest in Bidder or Business Entity; (iii) Preparing, submitting or presenting Bidder or Business Entity procurement documents; or, (iv) Working or expecting to work in any administrative capacity or will have Contract management responsibilities for Bidder or Business Entity as described below: 3. No member of Bidder’s ownership or management is presently applying for an employee position or actively seeking an elected position with OCPS. In the event that a Conflict of Interest is identified in the provision of services, Bidder agrees to immediately notify OCPS in writing. 4. Bidder has carefully examined the scope of services, instructions, terms, and conditions of this Contract and that Bidder’s Bid Submittal is made according to the provisions of the ITB and that it will meet or exceed the scope of services, requirements, and standards contained in the ITB. Failure to disclose a known relationship as described in paragraph 2 above may result in a bid being rejected as non-responsive. In the event the relationship is discovered after Bidder submits its bid, the relationship shall be disclosed and submitted to the OCPS Ethics Compliance Officer at the time of discovery. This form complies with Board Policy KCE. With respect to paragraph 2 hereof, the defined terms in this form shall have the same meanings as contained in Board Policy KCE. Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with OCPS, Bidder offers and agrees that if this negotiation is accepted, it will convey, sell, assign, or transfer to OCPS all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by OCPS. At the OCPS’s discretion, such assignment shall be made and become effective at the time OCPS tenders final payment to Bidder. The Bid Submittal constitutes a binding offer by Bidder to perform the services as stated in this Contract.
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Bidder certifies that it satisfies all necessary legal requirements as an entity to do business with OCPS. Bidder acknowledges and certifies that it is in receipt of, has reviewed, and is in agreement with all provisions of the Ethics and Lobbying Board Policy KCE, including, without limitation, all penalties for violation of said policy. www.ocps.net/sb/Superintendent%20Documents/KCE%20Ethics%20and%20Lobbying%20Policy%206_26_12.pdf Corporate Name of Bidder (Typed) Address, City, Zip Authorized Representative’s Signature Printed Date Telephone Number Printed Name of Authorized Representative
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APPENDIX C BIDDER’S EXPERIENCE AND QUALIFICATIONS
In providing responses to the following questions, if Bidder answers ‘Yes’ to any of the questions below,
then describe the circumstances, current status, and ultimate disposition of each matter using a separate
page attached to this document.
1. Years in business under present name: ______ Years performing work specialty: _______ Licenses currently valid and in force: 2. Bidder’s Representative Provide the following information for the representative assigned to this contract. Representative will assist in the overall coordination of services to include but not be limited to quoting projects and resolving issues with invoices, etc.: Name: Phone #: Cell #: Email: 3. Has Bidder been declared in default of any contract? Yes No 4. Has Bidder ever forfeited on any performance bond payment issued by a Surety company on any contract?
Yes No 5. Has an uncompleted Contract been assigned by Bidder’s Surety company on any payment of performance bond issued to Bidder arising from its failure to fully discharge all contractual obligations there under?
Yes No 6. Within the past three (3) years, has Bidder filed for reorganization, protection from creditors, or dissolution under the bankruptcy statutes? Yes No 7. Is Bidder now the subject of any litigation in which an adverse decision might result in a material change in Bidder’s financial position or future viability? Yes No 8. Is Bidder currently involved in any state of a fact-finding, negotiations, or resistance to a merger, friendly acquisition or hostile take-over, either as a target or as a pursuer? Yes No 9. References: Provide three references from agencies to which Bidder has provided goods or services to in the past two (2) years. At least one reference should be a public school system. Reference # 1
Organization Name: ________________________________ Telephone #: __________________ Contact Name: _________________________ E-mail Address: ____________________________ Scope of Work Provided: __________________________________________________________ _______________________________________________________________________________ Project Dollar Value: _______ Present Contract Status: ________ _______________ Contract Dates: ____________________________________________
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Reference # 2
Organization Name: ________________________________ Telephone #: __________________ Contact Name: _________________________ E-mail Address: ____________________________ Scope of Work Provided: __________________________________________________________ _______________________________________________________________________________ Project Dollar Value: _______ Present Contract Status: ________ _______________ Contract Dates: ____________________________________________ Reference # 3
Organization Name: ________________________________ Telephone #: __________________ Contact Name: _________________________ E-mail Address: ____________________________ Scope of Work Provided: __________________________________________________________ _______________________________________________________________________________ Project Dollar Value: _______ Present Contract Status: ________ _______________ Contract Dates: ____________________________________________
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APPENDIX D BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS If Bidder’s principal place of business is outside of the state of Florida, write Bidder’s name and political subdivision (county or municipality) where Bidder’s principal place of business is located. Name of Bidder: ________________________________________________________________ Bidder’s principal place of business (County and State): _______________________________________ Pursuant to Section 287.084(2), F.S., “a vendor whose principal place of business is outside this state must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state, or political subdivision, to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” The Attorney for an Out of State Bidder shall complete the following: Legal Opinion Regarding State Bidding Preferences
Bidder’s principal place of business is in the State of and it is my legal opinion
that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state.
Or
Bidder’s principal place of business is in the State of and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state. (Please describe applicable preference(s) and identify applicable state laws): Legal Opinion Regarding Political Subdivision Preference
Bidder’s principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state.
Or
Bidder’s principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state. (Please describe applicable preference(s) and identify applicable state laws: Signature of out of state Bidder’s attorney: Printed name of out of state Bidder’s attorney: Address of out of state Bidder’s attorney: Telephone number of out of state Bidder’s attorney: __________________________________________ Email of out of state Bidder’s attorney: _____________________________________________ Attorney’s state(s) of bar admission: _____________________________________________
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APPENDIX E BIDDER’S STATEMENT OF FINANCIAL QUALIFICATION The following questions are presented to evaluate a Bidder’s financial ability, capacity and/or resources to acquire and maintain the required staffing for this Contract. If Bidder answers ‘Yes’ to any of the questions below, then Bidder shall describe the circumstances, current status, and ultimate disposition of each matter using a separate page and attach it to this document.
1. Has Bidder been declared in default of any contract? Yes No
2. Has Bidder forfeited payment of performance bond issued by a surety company on any contract?
Yes No
3. Has an uncompleted contract been assigned by Bidder’s surety company on any payment of performance bond issued to Bidder arising from its failure to fully discharge all contractual obligations thereunder? Yes No
4. Within the past three (3) years, has Bidder filed for reorganization, protection from creditors, or dissolution under the bankruptcy statutes? Yes No
5. Is Bidder now the subject of any litigation in which an adverse decision might result in a material change in Bidder’s financial position or future viability? Yes No
6. Is Bidder currently involved in any state of a fact-finding, negotiations, or resistance to a merger, friendly acquisition, or hostile take-over, either as a target or as a pursuer? Yes No
7. License Sanctions: List any regulatory or license agency sanctions. The School Board may perform a background check on Bidder with all state and regulatory agencies.
8. Bidder must provide the name and address of all persons or entities serving or intending to serve as
principals in Bidder’s firm.
Corporate Name of Bidder (Typed) Authorized Representative’s Signature Date
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APPENDIX F DRUG-FREE WORKPLACE CERTIFICATION In the event of identical Responsive and Responsible Bid Submittals, pursuant to Section 287.087, F.S., preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bid Submittals, which are equal with respect to price, quality and service, are received by any political subdivision for the procurement of commodities or contractual services, a Bid Submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied Bidders has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Bidder complies fully with the above requirements. Authorized Representative’s Signature Company Name ____________________________ Printed Name of Authorized Representative Date
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APPENDIX G NON-DISCLOSURE AGREEMENT FOR CONFIDENTIAL MATERIALS Confidential Information is any portion of a company’s documents, data, or records disclosed relating to its Bid Submittal that Bidder claims is confidential and not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority that is clearly marked “Confidential”. If Bidder is submitting confidential materials in the Bid Submittal, then Bidder shall submit this Agreement. ITB #: _____________ Bidder: _____________________________________________________________________________ Bidder’s Address: _____________________________________________________________________ This Agreement is entered into as of the date of the last Signature set forth below between Orange County Public Schools, a political subdivision of the State of Florida ("OCPS"), and the above named Bidder (hereinafter the “Bidder”). OCPS and Bidder are collectively referred to as the “Parties” and may be referred to individually as a Party. RECITALS WHEREAS, Bidder possesses certain confidential trade secret materials that it wishes to disclose to OCPS for the purpose of responding to a solicitation or otherwise conducting business with OCPS; and WHEREAS, OCPS desires to review such materials in order to evaluate OCPS’s interest in negotiating and concluding an agreement for the purchase of certain products and services, or otherwise conducting business with Bidder. NOW THEREFORE, in consideration of the mutual promises and premises contained herein, the receipt and sufficiency of which are hereby acknowledged, OCPS and Bidder agree as follows: 1. Confidential Materials: Bidder warrants and represents to OCPS that the materials described in the attached Appendix G (the “Confidential Materials”) constitute trade secrets as defined by Section 812.081(1)(c), F.S., or financial statements required by OCPS for projects as defined in Section 119.071(1)(c), F.S.. Subject to the terms and conditions of this Agreement, OCPS agrees not to disclose such Confidential Materials to third parties. 2. Additional Materials: During the course of the review or the business relationship with OCPS, Bidder may disclose additional confidential or trade secret information to OCPS in which case the restrictions and obligations on the use and disclosure of the Confidential Materials imposed by this Agreement shall also apply to such additional information to the extent permitted by Florida law. Any such additional confidential or trade secret information shall be duly marked and stamped “confidential” or “trade secret” prior to delivery to OCPS, and shall be subject to this Agreement and Section 812.081(2), F.S., only if written receipt is provided by OCPS acknowledging receipt of such materials. 3. Exclusions: For purposes of this Agreement, the term “Confidential Materials” does not include the following: (a) Information already known or independently developed by OCPS; (b) Information in the public domain through no wrongful act of OCPS; (c) Information received by OCPS from a third party who was legally free to disclose it; (d) Information disclosed by Bidder to a third party without restriction on disclosure; (e) Information disclosed by requirement of law or judicial order, including without limitation Chapter 119, F.S.; or (f) Information that is disclosed with the prior written consent of Bidder, but only to the extent permitted by such consent.
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4. Non-Disclosure by Bidder: In the event that OCPS discloses confidential or trade secret information to Bidder, Bidder agrees to not disclose such information to any third party or copy such information or use it for any purpose not explicitly set forth herein without OCPS’s prior written consent. Further, upon conclusion of discussions or business transactions between OCPS and Bidder, or at any time upon request of OCPS, Bidder agrees to return such information (including any copies) to OCPS. 5. Duty of Care: Each Party agrees to treat the other Party’s confidential or trade secret information with the same degree of care, but not less than reasonable care, as the receiving Party normally takes to preserve and protect its own similar Confidential Information and to inform its employees of the confidential nature of the disclosing Party’s information and of the requirement of nondisclosure. In the event either Party has actual knowledge of a breach of the nondisclosure requirements set forth in this Agreement, the Party acquiring such knowledge shall promptly inform the other Party and assist that Party in curing the disclosure, where possible, and preventing future disclosures. 6. Limitations of Florida Law: Bidder understands and agrees that its assertion that any item is confidential or a trade secret does not, in and of itself, render such material exempt from the Florida Public Records Law, Chapter 119, F.S., and that OCPS’s ability to prevent disclosure of confidential and trade secret information may be subject to determination by a Florida court that such materials qualify for trade secret protection under Florida law. In the event a third party makes a public records request for the Confidential Materials or other materials deemed by Bidder to be confidential or a trade secret, OCPS may submit the materials to OCPS court for inspection in camera as set forth in Section 119.07(1)(g), F.S.. Bidder further understands that OCPS may be required to disclose such information if directed by a court of competent jurisdiction. 7. Indemnification by Bidder: In the event of any litigation instituted by a third party to compel OCPS to disclose such materials, Bidder shall, at its sole cost and expense, provide assistance to OCPS in defending the denial of the records request, and shall hold OCPS harmless from any claim for statutory costs and attorney’s fees arising from OCPS’s refusal to disclose such materials. 8. No Additional Obligations: This Agreement shall not be construed in any manner to be an obligation for either Party to enter into any subsequent Contract or agreement. 9. Sovereign Immunity: Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of OCPS beyond any statutory limited waiver of immunity or limits of liability, which has been or which may be adopted by the Florida Legislature, regardless of the nature of any claim which may arise, including but not limited to a claim sounding in tort, equity or contract. In no event shall OCPS be liable for any claim or claims for breach of contract, including without limitation the wrongful disclosure of confidential or trade secret information for an amount which exceeds, individually and collectively, the then current statutory limits of liability for tort claims. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against OCPS, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 10. Notice: Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, Bidder designates the address set forth above as its place for receiving notice, and OCPS designates the following address for such notice: Orange County Public Schools Director, Purchasing and Contracting 445 W. Amelia Street Orlando, FL 32801
Orange County Public Schools Director, Facilities and Construction Contracting 6501 Magic Way, Building 101B Orlando, FL 32809
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11. Governing Law: This Agreement shall be governed by the laws of the State of Florida, and venue for any action arising out of or relating to the subject matter of this Agreement shall be exclusively in Orange County, Florida, or the Federal District Court for the Middle District of Florida, Orlando Division. 12. Bidder and OCPS hereby expressly waive any rights either may have to a trial by jury of any civil litigation related to this Agreement for any litigation related to or arising from this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year as set forth below. Orange County Public Schools: Bidder:
By: _____________________________________ By: ______________________________________ Title: Sr. Director of Purchasing & Contracting Title: ________________________________ Date: ________________________________ Date: _________________________________
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DESCRIPTION OF CONFIDENTIAL MATERIALS
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APPENDIX H DEBARMENT AND SUSPENSION CERTIFICATION Instructions for Certification 1. By signing and submitting this form, the prospective primary participant is providing the certification set out above in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction unless it knows that, the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
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This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7
CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January
30, 1989 Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department
of Agriculture agency offering the proposed covered transaction.
The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
ii. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or Contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and
iv. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
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 proposal. Name ITB # and Title Name(s) and Title(s) of Authorized Representatives Signature Date
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APPENDIX I MWBE/LDB PARTICIPATION GUIDELINES Bidder understands that OCPS is committed to an increase in the number of qualified minorities, women, and veterans who wish to provide supplies, equipment, or services to OCPS. OCPS has established as goals for such participation that twelve percent (12%) of the total cost of the purchasing contracts to will provided by Minorities or Women-owned Business Enterprises (“MWBE”); ten percent (10%) will be provided by Local Developing Businesses (“LDB”); and three percent (3%) will be provided by Veteran Business Enterprises (“VBE”). Accordingly, Bidder hereby certifies that he/she will use his/her best efforts to achieve the Board’s goals in the administration of this contract, unless waived as provided herein. MWBE / LDB / VBE Participation may be provided through any combination of the following elements:
• Where the company is certified by agencies accepted by OCPS, the total amount of the order shall be used as the amount of participation.
• For sub-contractor participation, where the purchase of material and/or service is obtained from minority/women distributors or manufacturers, the amount of participation for this element will be the relative portion of the total amount of the order in proportion to the percentage of the value for that amount of materials, which is obtained from minority/women distributors or manufacturers. All firms must submit a completed Office of Business Opportunity MWBE/LDB/VBE Subcontractor form. MWBE/ LDB / VBE firms shall submit valid proof of certification with the bid.
• Each MWBE firm shall submit a copy of a valid MWBE certification from the City of Orlando, Orange County Government, State of Florida or the National/Florida Minority Bidder Development Council (NMSDC/FMSDC) and the Women Business Enterprise National Council (WBENC).
• Each LDB firm shall submit a valid LDB letter of certification issued by the Greater Orlando Aviation Authority or a copy of their OCPS LDB Certificate.
• Each VBE firm shall submit a valid VBE certification from the State of Florida or by the United States Department of Veterans Affairs through the Center of Verification and Evaluation (CVE). A firm must be certified by the bid award date. A bidder may be considered non-responsive and may be rejected, at the sole discretion of OCPS, if the bidder fails to provide the required data. OCPS shall be the final authority in determining whether a bidder qualifies as an MWBE, or LDB or VBE firm for purposes of this bid. For clarification regarding OCPS’ MWBE, LDB or VBE programs and/or for LDB certification, please contact The Office of Business Opportunity (407) 317- 3739 or visit the website at: http://www.obo.ocps.net.
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CERTIFICATE OF MWBE / LDB / VBE PARTICIPATION The Office of Business Opportunity (“OBO”) is responsible for determining MWBE, LDB and VBE participation by Bidder upon review of a Bid Submittal to provide supplies, equipment, or services to OCPS. Bidder must include with the Bid Submittal this CERTIFICATE OF MWBE, LDB and VBE PARTICIPATION and documentation of its status from the certifying agency. Thereafter, OBO will determine whether the Bidder is in compliance with the MWBE, LDB and VBE participation goals contemplated herein. Prior to the award of the contract and periodically throughout the term of the contract, Bidder must demonstrate that it is in compliance with the goals for MWBE, LDB and VBE participation. If, at any time before or after the award of contract, Bidder determines that he/she will be unable to comply, Bidder may request an evaluation of Good Faith by OBO. An OBO Specialist will make an analysis to verify that Bidder has made a diligent, good faith effort to meet the goals for MWBE, LDB and VBE participation, but due to circumstances beyond its control, it is impossible for the Bidder to comply. Notwithstanding, any of the forgoing requirements relating to the MWBE, LDB and VBE Participation Guidelines contained in Appendix I, OCPS reserves the right to waive any technical requirements relating to the submission of the certificates granting MWBE Ownership, LDB or VBE statuses, if to do so would benefit OCPS in the increase of MWBE, LDB and VBE participation in contracts originating in the Procurement Services Department.
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APPENDIX J
MWBE/LDB/VBE SUBCONTRACTOR PARTICIPATION OCPS has established annual participation levels for the procurement of goods and non-professional services with Minority-Owned & Women-Owned Business Enterprises (MWBEs), Local Developing Businesses (LDBs) and Veterans Business Enterprise (VBEs). For the purpose of calculating the MWBE, LDB and VBE participation percentages, only those dollars awarded to Certified MWBE, LDB and VBE Bidders will be utilized. Monies contracted or subcontracted to MWBE, LDB and VBE Bidders are included in the calculation. As a result, Bidders are asked to include certified MWBE, LDB and VBE subcontractor participation information below. If Bidder has questions regarding a vendor’s certification, he/she may contact the OCPS Office of Business Opportunity at (407) 317-3739. Please complete the information below showing Bidder’s commitment to subcontract at least twelve percent (12%) of its business related to this solicitation to one or more MWBE and ten percent (10%) for one or more LDB Bidders and three percent (3%) for one or more VBE Bidders. Overall percent of MWBE Sub-Contractor Participation expected:
Overall percent of LDB Sub-Contractor Participation expected:
Overall percent of VBE Sub-Contractor Participation expected:
Please complete the following table by indicating the name of the sub-contracting firm, whether or not the firm is an MWBE and/or LDB and/or VBE, the type of work or material to be supplied by the sub-contractor, anticipated dollar value, and the anticipated percent of the Contract value. Sub-Contractor MWBE and/or LDB and/or VBE
Type of Work/Material $ Value % of Contract Value
If Bidder has more than two MWBE, LDB and VBE vendors, Bidder should include information for additional MWBE, LDB, and VBE vendors on an additional sheet of paper. Bidder agrees to supply subcontractor payment information to OCPS. The due date and report format will be established upon award of the contract. ___________________________________ Authorized Representative’s Signature Company Name Printed Name and Title
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APPENDIX K
BID PRICE SHEET 1. The price sheet is available electronically on vendor link. Please visit: https://vendorlink.ocps.net 2. VendorLink Electronic Submittal Notes: 2.1. Bids must be submitted electronically via VendorLink. OCPS will not accept paper submittals. 2.2. The price sheet is available and posted on VendorLink via an excel spreadsheet. Vendors must upload a copy of their completed excel spreadsheet when uploading their ITB response. The spreadsheet must be in .xlxs format. 2.3. Include PDF copy of completed spreadsheet with the ITB response.
Vendor Acknowledgment and Approval
I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and in all respects fair and without collusion or fraud. The following information, including an authorized representative Signature and witness, is required to be submitted with your proposal in order to be considered for evaluation and award. The individual signing below acknowledges and agrees to all proposed Terms and Conditions as submitted and is an Authorized Representative of Vendor to enter into a Contractual Agreement with OCPS for the purposes described herein.
Firm Name _____________________________ Phone No. _________________________________
Authorized Representative's Signature __________________________ Date ________
Authorized Representative Name/Title __________________________
Witness Signature __________________________ Date ________
Witness Name/Title __________________________
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APPENDIX L BASKETBALL COURTS DRAWINGS – ELEMENTARY SCHOOLS
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APPENDIX M
BASKETBALL COURTS DRAWINGS – MIDDLE & HIGH SCHOOLS
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APPENDIX N
VOLLEYBALL TENNIS COURTS DRAWINGS – MIDDLE & HIGH SCHOOLS
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APPENDIX O
DG 11 66 10 - OUTDOOR ATHLETIC FIELDS, FIELD EVENT FACILITIES AND PLAY COURTS
A. DEFINITION
1. This Design Guideline provides guidance for play courts, outdoor athletic fields and field event
facilities for Middle, K-8, and High Schools.
B. SELECTION CRITERIA
1. Applicable Standards
a. National Federation of State High School Associations Court and Field Diagram Guide,
Indianapolis, Indiana, current edition.
b. National Federation of State High School Track and Field Rules Book, current edition.
2. Applicable Publications
a. State Requirements for Educational Facilities
b. Department of Community Affairs
1) Florida Americans With Disability Implementation Act
2) Occupational Safety and Health Administration, U.S. Department of Labor, 29 CFR
3) Florida Building Code, current edition
c. Standards Development
1) Backstops and fencing required for the playfields shown on the drawings in this
standard can be found in DG 32 31 13 Chain-Link Fencing and Gates.
C. COMMISSIONING AND CERTIFICATION
1. Contractor Statement Of Compliance
a. Surfacing systems for competition 8-lane running tracks for high schools shall be installed
by a member of The United States Tennis Court & Track Builders Association.
2. Track Certification
a. Certification and registration of the running track shall be done by a Certified Track
Builder. Certification shall include construction for proper drainage, stable base, quality of
synthetic surface and for accurate marking. Level 4 Certification is required.
b. Certification of K-8 and Middle School running tracks is not required. If modification of the
running track layout and dimensions is necessary in order to fit the track within the school
site, dimensions provided by the United States Tennis Court & Track Builders Association
for both the track as well as for playfields inside the track may be disregarded.
D. HIGH SCHOOL RUNNING TRACK CONSTRUCTION
1. Surfacing System shall consist of an impervious base mat of single component polyurethane
bound black SBR rubber granules, sealed with a pigmented two component polyurethane resin
and then topped with a spray applied structural coating consisting of single component
polyurethane bound pigmented EPDM rubber granules. The system thickness shall be ½”.
2. Pavement construction shall consist of a structural base course of Type S-1 (or equal) asphalt
having a thickness of 1 1/2” and a top course of Type S-III asphalt having a thickness of 1” as
designed by a Professional Engineer.
3. A trench drain system along the inside edge of the running track that incorporates washed
stone and a perforated sock drain pipe all contained by a durable filter fabric is the preferred
method of providing proper sideline drainage. This drain is to be coordinated in a manner that
will accommodate the installation of artificial; turf.
4. No field events shall be located within the inside perimeter of the running track.
5. If an existing running track is to be upgraded (such as 6 lane to 8 lane or addition of synthetic
surface), a minimum of two core samples shall be taken for evaluation by the Engineer to
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determine if complete removal and rebuild of the running track is necessary or if milling and
resurfacing will be an acceptable method of construction.
E. COURT AND FIELD DIAGRAMS
1. Dimensions and layout of fields and field events may be found in the National Federation of
State High School Associations Court and Field Diagram Guide as referenced in B (1) (a)
above.
2. K-8 and Middle School Track and Field
a. 6-lane 400 meter track shall include 55-meter dash, 1600 meter run, 92-meter dash,
4x100 meter relay, 400-meter dash, 800 meter run, 200 meter run & 4x400 meter relay.
Soccer Field shall be inside track. Line painting and events marking shall be as described
in the National Federation of State High School Track and Field Rules Book. Surfacing
systems are not provided tor these tracks. The 6 lane configuration shall be obtained by
eliminating the two innermost lanes of the 8 lane track that is required for high schools.
Track construction shall utilize 1 ½” of Type S-III asphalt as designed by a Professional
Engineer.
b. Long Jump
c. Long Jump runways with landing pits at opposite ends. Identify one runway with female
takeoff board and one runway with male takeoff board
d. White carpenter sand shall be used in the landing area.
e. Long Jump design and dimensions shall be as described in the National Federation of State
High School Associations Court and Field Diagram Guide, Indianapolis, Indiana, current
edition.
f. Shot put.
3. High School Track & Field
a. 8-lane 400 equal quadrant meter running track
1) Events markings are shown in Court and Field Guide.
2) Line painting shall be as described in the National Federation of High School Track and
Field Rules Book, current edition.
3) Track surfacing system is to be provided.
b. Discus Cage
c. Shot Put Circle
d. Long Jump and Triple Jump
1) Two (2) long jump runways with landing pits at opposite ends. Identify each runway
with a female take off board, one male take off board and one for triple jump.
e. High Jump
f. Pole Vault
g. All field event design and dimensions shall be as described in the National Federation of
State High School Associations Court and Field Diagram Guide, Indianapolis, Indiana,
current edition.
F. PLAYFIELDS AND HARDCOURTS
1. High School
a. High Schools shall have baseball fields, softball fields, tennis courts, basketball courts and
other outside athletic facilities as prescribed by the applicable OCPS Facilities List. The
design and dimensions of these facilities shall be as described in the National Federation of
State High School Associations Court and Field Diagram Guide, Indianapolis, Indiana,
current edition except as otherwise noted.
1) High School Softball Fields shall have a skinned, clay infield and base lines. The infield
area is determined by measuring a 60-foot arc from the front pitcher's plate, even if
other pitching distances are used. Base line layout shall be as shown in the National
ITB1903056 Page 62 of 62
Federation of State High School Associations Court and Field Diagram Guide. The
skinned infield surface shall be a 6” layer of clay and sand mixture meeting the
following criteria:
i. 15% to 19% passing the No. 200 sieve (between 15% and 19% silt
and clay-size particles).
ii. A D50 of between 0.15 and 0.25 mm (D50 is the size diameter
corresponding to 50% finer on the soil gradation curve).
iii. All soil particles shall pass the No. 4 sieve (4.75 mm opening) and at
least 97 percent of the soil particles shall pass the No. 10 sieve (2 mm
opening).
2) High School Baseball Fields shall have a skinned, clay infield. The area is determined
by measuring a 95-foot arc from the front center of the pitcher’s plate. Base line
layout shall be as shown in the National Federation of State High School Associations
Court and Field Diagram Guide. The skinned infield surface shall be a 6” layer of clay
and sand mixture meeting the following criteria:
i. 15% to 19% passing the No. 200 sieve (between 15% and 19% silt
and clay-size particles).
ii. A D50 of between 0.15 and 0.25 mm (D50 is the size diameter
corresponding to 50% finer on the soil gradation curve).
iii. All soil particles shall pass the No. 4 sieve (4.75 mm opening) and at
least 97 percent of the soil particles shall pass the No. 10 sieve (2 mm
opening).
b. When constructing a new baseball field for high school play, the distance from home plate
to the nearest obstruction on fair-ground must be at least 300 feet down the foul lines,
and at least 350 feet to center field.
c. Materials for pitching mound construction shall meet the same requirements as for the
clay infield surface specified above.
2. MIDDLE SCHOOLS AND K-8 SCHOOLS
a. Provide one non-competition softball field with a Bahia grass infield and outfield limits 200’
from home plate and a 16’ tall fenced backstop.
b. Provide three basketball courts with fenced enclosure measuring 102’ x 188’.
c. Provide three tennis courts.
d. The design and dimensions of these facilities shall be as described in the National
Federation of State High School Associations Court and Field Diagram Guide, Indianapolis,
Indiana, current edition unless otherwise noted.
3. HARDCOURT CONSTRUCTION FOR ALL SCHOOLS
a. The base and sub base for all hardcourts shall be as recommended by the Civil Engineer,
based on the Geotechnical Engineer’s report on existing soil conditions.
b. The top course of asphalt shall be Type S-3 (or equal) hot-mix asphalt in accordance with
National Federation State High Schools Association standards and specifications. Minimum
allowable thickness shall not to be less than one (1) inch
c. All courts shall have a textured coating of fibrated asphalt/acrylic emulsion manufactured
with graded rubber particles, fine silica sand and fillers. Fortified with acrylic latex suitable
for spray application.
d. For Elementary Schools, two basketball goals will allow for 8’-0” and 10’-0” height.
END OF DG 11 66 1
EXHIBIT 3