Contract 2018-93 AGREEMENT FOR
INFRASTRUCTURE WIRE AND EQUIPMENT
THIS AGREEMENT, is made and entered into this '
/� day of DP.Cj_41y4i
2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont,
Florida, (hereinafter referred to as "CITY"), and QUALITY CABLE CONTRACTORS,
INC., whose address is: 207 N. Goldenrod Rd Ste. 600., Orlando, Florida 32807
(hereinafter referred to as "CONTRACTOR").
WHEREAS, the Orange County Public Schools through the public procurement process
awarded an Agreement for infrastructure wiring and equipment services, Orange County
Public Schools contract number ITB 1804070;
WHEREAS, CITY desires to utilize the above-referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Orange County Public Schools contract number ITB 1804070;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I— SCOPE OF WORK
The CONTRACTOR shall furnish infrastructure wiring and equipment services, as
described in the Orange County Public Schools contract number ITB 1804070, which is
attached hereto and incorporated herein as Exhibit"A"and shall do everything required by
this Agreement and the other Agreement Documents contained in the specifications,which
are a part of these Documents. Provided, however, that nothing herein shall require CITY
to purchase or acquire any items or services from CONTRACTOR. To the extent of a
conflict between this Agreement and Exhibit "A", the terms and conditions of this
Agreement shall prevail and govern. In all instances the CITY purchasing policy,
resolutions and ordinances shall apply.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until October 08, 2021, unless terminated or renewed as
provided by the Orange County Public Schools.
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2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual Agreement of the parties,this Agreement may be renewed for two
(2) additional one(1) year terms.
ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide infrastructure wiring and equipment services forth in
the applicable purchase order or notice to proceed.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the
CITY.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
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ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and,in case any work is sublet,the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
Employers Liability insurance with the following minimum limits and coverage:
(a) Each Accident, $1,000,000
(b)Disease-Each Employee, $1,000,000
(c) Disease-Policy Limit, $1,000,000
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONSULTANT's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Public Liability$1,000,000 Each Occurrence
(d) Excess Liability,Umbrella Form $1,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
3
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death,or to injury to or destruction of tangible property(other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable,regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII— NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Quality Cable Contractors, Inc.
207 N. Goldenrod Rd. Ste. 600
Orlando,FL 32807
Attn: Jorge del Rio, President
CITY: City of Clermont
Attn: Darren Gray,City Manager
685 W. Montrose Street
Clermont, FL 34711
4
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
5
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X—AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in the Orange County Public Schools/Bid No.
ITB 1804070.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this )4/16 day of ,/ -r-JL- ,2018.
City of Cliint
Darr j r.NT' Mana:-r
Attest:
9,
Tracy Ackroyd How i City Clerk
Quality Cable Contractors, Inc.
By: -.3.0 k Ck ,I
EA K,1 a
(Name Printed or Typed)
{)(2-f_S(DEN T
Title
Attest:
Corporate ecretary
rt'dci.el,�
( ame Printed or Typed)
7
EXHIBIT A
INVITATION TO BID FORM
SUBMIT TO:
O c Procurement Services
All Bids must be submitted via VendorLink C CO Ori County Public Sch00ls
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
CONTACT PERSON: Orlando, FL 32801-1129
Tina Leger,Senior Specialist/Buyer II
Telephone#: 407-317-3200 ext.200-2460 DATE ISSUED: 9/25/2018
E-mail:Christina.Legercocps.net
TITLE: Infrastructure Wire and Equipment NUMBER: SUBMITTAL DEADLINE:
ITB1804070 10/9/2018 at 2:00 PM EST
PRE-PROPOSAL CONFERENCE- DATE,TIME AND LOCATION: SUBMITTALS RECEIVED
N/A AFTER ABOVE DATE AND
TIME WILL NOT BE
ACCEPTED
REQUEST FOR INFORMATION DEADLINE: 10/2/2018 at 2:00 P.M. EST
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") Florida Division of Corporation Document Number
As described in the Section Titled "Florida Department of State, (www,sunbiz.orq) :
Division of Corporations Registration Requirements"within this
Invitation to Bid("ITB"): J28570
Quality able Contractors Inc.
MAILING ADDRESS: I hereby certify that I have read and understand the
207 N Goldenrod Road Unit 600 requirements of this Contract (hereinafter, the
"Contract")and that, I, as the Bidder,will comply with
CITY—STATE—ZIP: all requirements of this offer and any contract(s)
Orlando, Florida. 32807 and/or other tra • • • .ward.
TELEPHONE NO:
407-246 -0606 Authorized Authorized Signature
FAX NO: Gabriel Del Rio
407-482-5942 Typed Name
Vice President 10/08/2018
FEI/EIN Number:
59-2738502 Title Date
gabriel®gcciflorida.com
Email Address
ITB1804070 1
CocOran
Orange CountyPublic Schools
LEI j Procurement Service;Department 445 W Amelia St. Orlando FL 32801 Phone 407 317 3988 Fax 407 317 3414
ADDENDUM NO. 1
October 4, 2018
ITB1804070 Infrastructure Wire and Equipment Solicitation
The original Invitation To Bid (ITB) documents shall remain in full force and effect, except as modified
herein, which shall take precedence over any contrary provisions in the prior documents.
This Addendum is being issued to address questions received and release attachments.
The following are questions and answers regarding the above mentioned solicitation:
1. Question: Can you please expand on the scope and the use of the word "installation."Are you looking
for physical installation, or for us to also configure and implement from a technical perspective within
the word installation?
Answer: The scope shall include the means to deliver the item to the location, install the item, and to
service the item when, or if requested.The item may be a piece of switchgear, a Wireless Access Point,
a BackUp Power Supply, physical rack and stack of equipment. The vendor may need to verify power,
but no configuration is required.
2. Question: Please provide the current structured cable product specifications for the Orange County
Public School system.
Answer: Our End Product is standardized Hubbell Districtwide. All parts and specs should be in
Compliance with the Hubbell "Mission Critical Warranty"guidelines.
3. Question: On the Bid Price Sheet, please clarify the column labeled "Unit Price (%)".
Answer: Unit Price (%) indicates the amount of the percentage markup of the wholesale price that the
Bidder is including in its bid. This percentage shall be calculated with the Est. Quantity to create the
Extended Price.
4. Question: In section II. Special Conditions item #2. Term: Considering the continuous fluctuation of
prices for materials and equipment, will OCPS consider allowing price changes during the term of the
contract?
5.
Answer: Please see Section V. General Terms and Conditions,Article 22, listed below for information
regarding price increases during the term of a contract with OCPS.
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.
The following are revisions to the attachments released in regards to the above mentioned
solicitation:
Page 1 of 1, Bid Price Sheet, shall be amended to read:
"Est. Quantity"to replace"Est. Quality" in the fifth column of the Bid Price Sheet.
Please see the revised Bid Price Sheet posted on VendorLink.
If you should have any questions regarding this Addendum, please do not hesitate to contact Tina Leger at
Christina.Leger(a�ocps.net or, by phone, at 407-317-3200 ext. 200-2460.
Sincerely,
Tina Leger,
Senior Specialist/Buyer II
Procurement and Contracting Services
Acknowledgement of Addendum No. 1 by Respondent
ITB1804070 Infrastructure Wire and Equipment Solicitation
The Respondent hereby acknowledges receipt of the following Addendum:
This addendum must be completed and signed by an authorized representative and returned with the
solicitation submittal. The Acknowledgement of Addendum receipt will become an integral part of the
solicitation document. In acknowledging receipt of this Addendum, the undersigned understands and
accepts the foregoing solicitation changes and clarifications.
All other bid terms,conditi.• ... .- ifications as originally issued remain unchanged.
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Manual Signature Date
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Company Name Address or Cela F` Pe a7
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Telephone Number Fax Number
O C ORANGE COUNTY PUBLIC SCHOOLS
Facilities&Construction Contracting
1,13'5, Bid Price Sheet
Bid Title: Infrastructure Wire and Equipment
Bid a: ITB1804070
MATERIALS
Item* Desa iption Unit Prim(%) Unit of Measure Est.Quantity Extended Price
CMS Cable(Mohawk or approved alternative) 14%
1 furnished shall be a percentage above cost Ea. 52z5000 $31,500.00
2 Cat6A Cable(Mohawk or approved alternative) 14% Ea. 5225,000 $31,500.00
furnished shall be a percentage above cost
Cabinets and Miscellaneous Cabinet Parts(Hubbell
3 RE4,Great Lakes) 14% Ea. $220,000 $37,800.00
furnished shall be a Dercentale above cost
4
Fiber Optk Cable(OM4 50 Micron Multi•modo) 14% Ea. 521oJx10 $29,400.00
furnished shall be a percentage above cost
Cat 6 Jacks,Patch Panels,AMO,Face Plates,etc.
5 (Hubble or approved alternative) 14% Ea. 5135000 $ 18,900.00
furnished shall be a Qercenta[e above cost
Materials and Supplies
14%
6 not listed above furnished shall be a percentage above Ea. $90,000 $ 12,600.00
cost
LABOR
Rem N Description Unit Price($) Unit of Measure Est.Quantity Extended Price
7 Weekday Labor Rate-Cable installation $28.00 Hourly 20.aoo $560,000.00
(Cat,Coax,Fiber)Monday-Friday 7 AM-7 PM
Evening/Weekend Labor Rate-Coble Installation
6 (Cat,Coax,Fiber)Monday-Friday 7 PM-7 AM,and $36,50 Hourly 1.650 $60,225.00
Weekends
9 Weekday Labor Rate-Cable Removal&Disposal $ 15.00 Hourly 1,600
(Cat,Coax,Fiber)Monday-Friday 7 AM-7 PM $24,000.00
Evening/Weekend Labor Rate-Cable Removal&
10 Disposal(Cat,Coax,Fiber)Monday-Friday 7 PM-7 $10.00 Hourly 160 $ 1,600.00
/tM and Weekends
it Weekday Labor Rate-Cable Repair
(Cat,Coax,Fiber)Monday-Friday 7 AM•7 PM $45.00 Hourly 55 $2,475.00
EveninaJWealaand Labor Rate-Cable Repair
12 (Cat,Coax,Fiber)Monday-Friday 7 PM-7 AM $45.00 Hourly 11 $495.00
&Weekends
13 Weekday Labor Rate to Install Network $45.00 Hourly 55 $2,475.00
switchgear,WAP's,BackUPS units,etc.
Evening/Weekend Labor Rate to Install Network
14swltchgear,WAP's,BackUPS units,etc. $45.00 Hourly u $495.00
Add Estimated Cost of Materials:
Total Cost of bid Price: S 1 e968,
I of 1
DocuSign Envelope ID:ClDBC704-FD76-4AA9-A2FA-B61B9DCE9BFB
re: Orange CountyPublic Schools
�
PProcurement Services Department 445 W Amelia St. Orlando,FL 32801 °Phone 407 317 3988•Fax 407.317 3414
November 15, 2018
NOTICE OF AWARD
ITB1804070
Infrastructure Wire and Equipment Solicitation
The School Board of Orange County meeting in official session on November 13, 2018, voted to award this
solicitation to the following firm(s);
Structured Cabling Solutions
ProPlus Communications, Inc.
Morse Communications
Quality Cable Contractors Inc.
This letter is notification of award only. Do not ship or order materials without an authorized purchase order.
Purchase orders shall be placed by The School Board of Orange County, Florida personnel, as needed. Delivery
must be completed within the time specified in the agreement.
If you have any questions regarding the solicitation procedures, please contact Tina Leger by email at
Christina.Leger@ocps.net or by phone at 407-317-3200, extension 200-2460.
Cordially,
�Bxwv..6,
legkrt UJan,*4ur,
'-1&n,C6405010406
Robert N. Waremburg, CPPO
Sr. Director, Procurement Services
The School Board of Orange County, Florida
"l'he Orange County Public School Board is an equal opportunity agency"
I
TABLE OF CONTENTS
Page
Invitation to Bid Form 1
Bid Submittal Checklist 2
Table of Contents 3
Section I. Definitions 4
Section II. Special Conditions 8
Section III. Specifications 11
Section IV. Instruction to Bidders 14
Section V. General Terms and Conditions 16
Appendix A: "No Bid" Response Submittal Form 31
Appendix B: Statement of Affirmation and Intent 32
Appendix C: Bidder's Experience and Qualifications 34
Appendix D: Bidder's Statement of Principal Place of Business 37
Appendix E: Drug-free Workplace Certification 38
Appendix F: Non-Disclosure Agreement for Confidential Materials 39
Appendix G: Debarment and Suspension Certification 43
Appendix H: MWBE/LDB Participation Guidelines 45
Appendix I: MWBE/LDBNBE Subcontractor Participation 47
ITB1804070 3
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" means a Bidder, 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"Bidder", "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.
ITB1804070 4
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."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.
1.21."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.
1.22."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.
1.23."Offer" means a response to a solicitation that, if accepted, would bind the Offeror to perform a
under a resulting Contract.
1.24."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".
1.25."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.
ITB1804070 5
1.26."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.
1.27."Pricing" means the process of establishing a reasonable amount to be paid for commodities or
contractual services.
1.28."Procurement Representative" means the Procurement Services employee identified in
solicitation documents. who is primarily responsible for processing the solicitation.
1.29."Procurement Services Department" means the Procurement & Contracting Services
Department within Orange County Public Schools and is responsible for the administration of this
solicitation.
1.30."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.
1.31."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.
1.32."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.
1.33."Shipment' means the process of transporting goods.
1.34."Signature" or"Signed" means the discrete, verifiable written symbol of an individual; indicates
a present intention to authenticate the writing. including electronic Signatures.
1.35."Solicitation" means the written document containing an invitation for bids or request for
proposals to provide commodities or contractual services.
1.36."Solicitation Provision"or"Provision" means a term or condition used only in solicitations and
applying only before Contract award.
1.37."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.
1.38."Surety" means any corporation that executes, as Surety, the Proposal/Bid, Performance, and/or
Payment Bond.
1.39."Vendor" means, per Policy KCE, a"Vendor" shall include any companies, consultants, Bidders 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.
1.40."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
ITB1804070 6
OCPS of the preference until such time as evidence of the certification or re-certification is
established.
1.41."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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ITB1804070 7
SECTION II. SPECIAL CONDITIONS
1. Scope: The purpose of this invitation to bid is to establish a contract to provide infrastructure wiring,
which shall include delivery, installation, and service of network equipment.
2. 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.
3. 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(s). Renewals must be evidenced, in writing, with the Signature
of the Awarded Bidder(s)' authorized representative and OCPS.
4. 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.
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; and (v)
be a registered vendor with OCPS. 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. Delivery: Bidder must provide delivery to all locations within OCPS within two (2) business days
for orders placed by 4:00 P.M; comply with F.O.B. Destination Freight Prepaid terms; not impose
any additional delivery charges for the life of the contract; and complete deliveries inside delivery
locations, at no additional cost. Bidder must maintain on-time delivery rate of ninety-five percent
(95%) or greater,
6.2. Primary Point of Contact: Bidder must provide a primary account management as a point of
contact for the Contract.
6.3. Customer Service Representatives: Bidder must provide customer service representatives and
technical resources by phone (toll-free), fax, and email to handle all Purchase Orders and
mitigate order-related technical issues from 8:00 AM to 5:00 PM Eastern Time, Monday through
Friday, excluding OCPS holidays.
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
ITB1804070 8
and Two Million Dollars ($2,000,000) aggregate. This policy must include Orange County Public
Schools, 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 OCPS of Orange County, Florida. its board members, employees
and representatives as additional insured.
7.4. Property Damage Insurance - Not less than one million dollars ($1,000,000) for damages on
account of any one accident and in an amount not less than one million dollars ($1,000,000.00)
for damages on account of all accidents. Automobile property damage shall be not less than one
million dollars ($1,000.000).
8. 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:
8.1. 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.
8.2. 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.
7.9. 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.
7.10. To the extent permitted by law, Awarded Bidder's insurance shall contain a waive rights to
recover from OCPS or its insurance.
7.11. 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.
9. 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 subcontractor,
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.
10. 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.
ITB1804070 9
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ITB1804070 10
SECTION III. SPECIFICATIONS
1. Specifications: The specifications are listed below. Bid only on items as specified. Bidder will be
responsible for meeting all specifications listed in this ITB and on the Bid Price Sheet. Failure to comply
with these requirements may be cause for Bid rejection or award cancellation.
2. Bidder(s)Qualifications:The Bidder must have successfully completed within the past three(3)years
a minimum of three (3) commercial installation jobs, where the contract amount was ten thousand
dollars ($10,000.00) or more.
3. Quote Requirements: Bidders shall provide quotes for jobs throughout the term of the contract.Where
the total cost of a job ranges from zero ($0.00)to ten thousand dollars ($10,000.00), OCPS will require
a quote from one (1) Awarded Bidder. Where the total cost of a job is ten thousand dollars and one
dollars ($10,001.00) or more, OCPS will require a quote from all three (3)Awarded Bidders.
4. Bidder(s) Responsibilities: The following responsibilities are required of Bidder(s):
4.1. After the Bidder(s) receives notification from an authorized OCPS ITS representative regarding a
specific job, the Bidder(s) shall prepare a written estimate of the labor, equipment, and materials
required to complete the installation of the infrastructure wire and or equipment. This estimate shall
include the following specific information:
4.1.1. Number of hours needed to complete the project with hourly rates, as bid;
4.1.2. List of equipment and materials and their descriptions;
4.1.3. Cost;
4.1.4. A timeline when work can begin, along with the installation completion date:
4.1.5. Identify any additional tasks necessary to satisfactorily accomplish the overall scope of work.
4.1.6. Bidders must return an estimate to the ITS authorized representative(s) within five(5)
workdays, or as otherwise notified. The Bidder's estimate will be evaluated to determine if the
scope has been clearly and accurately understood.the work has been properly estimated with
supporting data presented,and material and equipment estimates are reasonable and properly
documented.The total amount quoted shall be considered the total contract price.
4.1.7. The estimate provided by the Bidder shall be firm,and no increases will be permitted. This firm
price is the amount that will be paid to the Bidder. The work will be awarded to the Bidder that
provides the lowest estimate meeting all requirements.
4.2. OCPS may require the Bidder(s)to provide a performance bond on larger projects. Upon request by
OCPS, the bond required is 25% of the total project cost. The bond requirement may be included in
the scope of work provided to the Bidder. The Bidder's estimate shall include as a separate line item
all acquisition costs associated with the bond.
4.3. Bidder acknowledges that work will be performed only after receipt of an authorized purchase order.
4.4. If, during the course of work,the Bidder encounters unforeseen conditions which impact the work and
which could not initially be evaluated, the Bidder shall not precede without written authorization of the
OCPS's authorized representative(s). OCPS must be notified in writing of such conditions within
twenty-four(24) hours of work stoppage.
4.5. Bidder shall have sufficient number of personnel, materials,transportation, and an adequate inventory
of tools and equipment to perform work at the job site. Bidder shall be held responsible for the on-site
supervision, scheduling, storage, receiving, and placement of materials. If any heavy equipment is
needed such as a crane, man lift, and or backhoe, Bidder is responsible for the purchasing and/or
leasing of the required equipment. The company shall provide an experienced operator for the
equipment.
4.6. Emergency work requests may be needed from time to time. Bidder shall within two(2) hours' notice
ITB 1804070 11
meet OCPS personnel at the job sites, review the scope of work, provide an estimate, proceed with
work without delay, and be responsive to the emergency request.
4.7. Bidder shall be responsible for faulty labor or workmanship. Bidder shall promptly correct improper
work without cost to OCPS within twenty-four(24) hours after receipt of notification of such faulty labor
or workmanship. If Bidder fails within twenty-four(24) hours to correct defects, OCPS shall be entitled
to have such work remedied and Bidder shall be fully liable for all costs and expense reasonably
incurred by OCPS. Payment in full or otherwise does not constitute a waiver of this guarantee. The
guarantee period shall be effective for one(1) year after acceptance of the work by OCPS.
4.8. Bidder shall conform to all Federal. State, City and OCPS standards and regulations during the
performance of the Agreement. Any fines levied due to inadequacies or failure to comply with any and
all requirements shall be the sole responsibility of 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 Bidder
shall constitute cause for immediate termination of the Agreement.
4.9. All existing structures, utilities, services, roads, trees, shrubbery, etc., shall be protected against
damage or interrupted service at all times by the Bidder and the Bidder shall be held responsible for
any damage to property caused by reason of his operations on the property.
5. Vendor Qualifications and Requirements:
5.1. Bidder shall have certified technicians/installers located within fifty (50) miles of the Educational
Learning Center building located at 445 West Amelia Street, Orlando, FL 32801. The company must
have a minimum of two (2)certified technicians to be able to meet the terms of this contract. Certified
lead technicians/installers shall be required to hold Hubbell Certification.
5.2. Deliverables: Bidder must submit a copy of its Hubbell Certification. If Bidder(s) do not submit the
necessary documentation, the bid will be rejected and not considered for award. Bidder must
submit a copy of their valid Orange County low voltage business license with bid.
5.3. Bidder must complete the enclosed questionnaire and provide attachments used to evaluate
capabilities to perform the work during the contract period. The questionnaire and attachments
must be completed and contain sufficient and specific information directly responding to the
request. OCPS reserves the right to reject bids that do not provide sufficient information to evaluate
the qualifications of Bidder(s).
5.4. OCPS reserves the right to confirm Bidder(s)'qualifications and to inspect facilities and equipment.
5.5. Permits and Licenses: Bidder(s) are required to have the necessary permits and licenses required by
law to conduct business in Orange County. These services must have been performed satisfactorily,
as determined by OCPS, for a minimum of three (3) years prior to the OCPS' acceptance of the
responsive bidder's proposal.
6. Work Hours: OCPS business hours are from 7:30 am to 4:30 pm, Monday through Friday excluding
OCPS official holidays. Some projects may require work to be completed outside of normal business
hours.
7. Project Timelines: All work shall be completed within the quoted timeline and shall be monitored by an
Authorized OCPS Representative. Bidder's repeated failure to complete projects on time or as directed shall
be deemed as a default of contract. No further estimates shall be requested from Bidder(s) under this bid,
and Bidder(s)'contract may be terminated.
8. Job Conditions: Bidder shall be responsible of notifying OCPS in writing of any conditions detrimental to
proper and timely completion of work. Bidder(s)shall not proceed with work until detrimental conditions have
ITB1804070 12
been corrected.
9. Inspections: Building Code Compliance Office (BCCO) inspectors shall inspect permitted work for
compliance. ITS representative shall have the right to inspect the work performed to ensure the terms
of this contract are adhered to.
10. Quality of Cables and Hardware:All cable and hardware purchased under this Contract shall be Original
Equipment Manufacturer (OEM). All cable and hardware used shall be billed at the Bidder(s)' actual net
cost, plus the percentage amount, as bid.
11. Materials: Material quality is expected to be commercial grade to accomplish the service work satisfactorily,
as specified in the given scope of work for each job. The OCPS reserves the right to set the standard of
quality for materials for a given job.
12. Code Compliance: OEM Materials and equipment data sheets shall indicate compliance with industry
standards, such as, but not limited to:
12.1. American National Standards Institute(ANSI);
12.2. Americans with Disabilities Act of 1990(ADA):.
12.3. American Society for Testing and Materials(ASTM);
12.4. Florida Department of Community Affairs Accessibility Requirements Manual (DCAARM);
12.5. National Electrical Manufacturers Association(NEMA);
12.6. National Fire Protection Associations(NFPA);.
12.7. Underwriters Laboratories(UL);
12.8. OSHA"Trench Safety Act"Chapter 90-96;
12.9. Florida Administrative Code(FAC);
12.10. Florida Department of Education Chapter 6A-2; and
12.11. Electrical Testing Laboratories(ETL) Certification.
13, Install, Remove, and Repair: Awarded Bidder(s)must follow permitting procedures, as outlined by OCPS
Building Code Compliance Office. Bidder(s) shall install, remove, and repair all infrastructure wiring and
equipment.Any permit that is required will have to be pulled by Awarded Bidder(s).
13.1. Bidder(s) at all times shall keep the premises free from accumulation of waste materials or
rubbish caused on its operations. All waste materials, rubbish, and related equipment as a
result of the work shall be removed and disposed of at the end of each work day.
13.2. The Bidder shall be responsible for providing all necessary materials and accessories for a
complete installation pursuant to the manufacturer's recommended installation instruction.
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ITB 1804070 13
SECTION IV. 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:
1.1. Invitation to Bid Cover Sheet;
1.1. Statement of Affirmation and Intent;
1.2. Bidder's Experience and Qualifications;
1.3. Bidder's Statement of Principal Place of Business;
1.4. Bidder's Statement of Financial Qualification;
1.5. Drug-free Workplace Certification;
1.6. Non-Disclosure Agreement for Confidential Materials;
1.7. Debarment and Suspension Certification;
1.8. MWBE/LDB Participation Guidelines;
1.9. MWBE/LDBNBE Subcontractor Participation (if applicable); and
1.10. Bid Price Sheet posted on vendorlink.ocps.net.
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.
1.1. Upload files only in Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file formats.
1.2. Enable printing on files submitted.
1.3. Clearly identify the ITB Number, Name, Submission Date, and Bidder Name on Invitation to Bid
Cover Sheet.
1.4. Complete the Invitation to Bid Cover Sheet on Bidder's using the following information:
1.4.1. Business Name;
1.4.2. Complete Business Address;
1.4.3. Name(s) and contact information of key personnel.
1.5. Separate and identify each part of the submission.
1.6. 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.
ITB1804070 14
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
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.orq.
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 OCPS.
8.1.Awarded Bidder(s) 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 OCPS." See Section 1012.465, F.S.
8.2.Florida statute requires Bidders of OCPS to undergo a FDLE/FBI Level II background screening
and be fingerprinted in any one of the following conditions apply.
8.2.1. Vendor employees will be on school grounds when students are present;
8.2.2. Vendor employees will have direct contact with students; or
8.2.3. 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/cros/one.aspx?pageld=99924.
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ITB1804070 15
•
SECTION V. 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
ITB 1804070 16
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
ITB1804070 17
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 OCPSs, 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 fora 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
ITB180407018
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
ITB1804070 19
rejection. If the manufacturer's model number for the items specified herein is incorrect, has changed,
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
ITB1804070 20
not be made unless specified. Failure to follow these instructions may result in delay in processing
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
ITB1804070 21
contract. If the product provided by Bidder is determined to not meet the specifications and
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 OOPS. 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.
ITB1804070 22
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, Bidders and subcontractor 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.
ITB1804070 23
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 Bidder 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
ITB1804070 24
public entity, may not submit a Bid Submittal on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to any public
entity, may not be awarded or perform work as a Bidder, 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 Bidder 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 Services
445 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
ITB1804070 25
medium, unless that storage medium is in use as part of Bidder's designated backup and
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.
ITB1804070 26
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.
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 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(a.00PS.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
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.
ITB1804070 27
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, Bidders, 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
parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay
so incurred.
ITB1804070 28
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
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.
ITB1804070 29
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).
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
ITB1804070 30
APPENDIX B
STATEMENT OF AFFIRMATION AND INTENT
To: Orange County Public School, Procurement Services
Solicitation: ITB1804070 Infrastructure Wire and Equipment
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. x 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.
ITB1804070 32
•
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%20Docu ments/KCE%20Ethics%20and%20Lobbyinq%20Policy%206
26 12.pdf
Quality Cable Contractors Inc. 207 N Goldenrod Rd. unit 600 Orlando, FL 32807
Corporate Name of Bidder T A.ed Address, City,Zip
10/08/2018 407-246-0606
•uthorize•~--en a ive s ignature Printed Date Telephone
Number
Gabriel Del Rio
Printed Name of Authorized Representative
ITB1804070 33
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: 32 years Years performing work specialty: 32 years
Licenses currently valid and in force: ES0000248 / EG13000643
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: Gabriel Del Rio Phone#: 407-246-0606 Cell#: 321-689-2096
Email: gabrielgcciflorida.corn
3. Has Bidder been declared in default of any contract? ❑Yes M No
4. Has Bidder ever forfeited on any performance bond payment issued by a Surety company on any contract?
❑Yes a 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 M 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? U Yes 23 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 21 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: Orange County Public Schools Telephone#: 407-317-3473
Contact Name: Lloyd Johnson E-mail Address: lloyd.johnson@ocps.net
Scope of Work Provided: Service and Installation of Low Voltage Cabling.
Project Dollar Value: $250,000 Present Contract Status: Active
Contract Dates: Contract until 11/15/2018
ITB1804070 34
Reference#2 Greater Orlando Aviation
Organization Name: Authorities Telephone#: 407-825-3531
Contact Name: James McMillan E-mail Address: james.mcmillan@goaa.org
Scope of Work Provided: Service and Installation of Low Voltage Cabling.
Project Dollar Value: $600,000.00 Present Contract Status: Active
Contract Dates: 2012 - Current
Reference#3
Organization Name: University of Central Florida Telephone#: 321-696-4974
Contact Name: Jayson McCluskey E-mail Address: jayson.mccluskey@ucf.edu
Scope of Work Provided: Service and Installation of Low Voltage Cabling.
Project Dollar Value: $15,000.00 Present Contract Status: Active
Contract Dates: 2018 - Currant
10. Commercial Installations: Bidder must have successfully completed within the past three-(3) years a
minimum of three (3) commercial installations where the contract amount was $10,000.00 or more.
Bidder must provide sufficient and specific information regarding the three installations that would
demonstrate your company's capability to perform the work required herein.The School Board reserves the
right to reject bids which do not provide sufficient information to evaluate the qualifications of Bidder and
where information provided does not demonstrate a proven past record(such as negative references,failure
to complete projects,etc.)
Installation#1
Organization Name: Turner construction Phone No: 404-379-1672
Contact Name:Jeff Justen E-mail Address: jjustenatcco.com
Scope of Commercial Installation:
Installation of a complete Low Voltage cabling system.
Completed Contract/Project Dollar Value: $1,800,000.00 Contract Dates: 2016-2018
ITB1804070 35
Installation#2
Organization Name: Avcon USA Phone No: 828-450-5527
Contact Name: Jim McCoy E-mail Address: J im.mccoy®avcon-usa.com
Scope of Commercial Installation:
Installation of a complete Low Voltage cabling system.
Completed Contract/Project Dollar Value: $450,000.00 Contract Dates: 2016 - Current
Installation#3
Organization Name: Giles Electric Company Phone No: 386-527-4798
Contact Name: Matt Clayton E-mail Address: matt.clayton®gileselectriccompany.corn
Scope of Commercial Installation:
Installation of a complete Low Voltage cabling system at OCPS Hidden Oaks ES.
Completed Contract/Project Dollar Value: $94,000.00 Contract Dates: 2017-2018
ITB1804070 36
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: Quality Cable Contractors Inc.
Bidder's principal place of business (County and State): orange County, Florida
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
x Bidder's principal place of business is in the State of Florida 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
I I 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:
ITB1804070 37
APPENDIX E
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.
Quality Cable Contractors Inc.
Authorized Representative's Signature Company Name
Gabriel Del Rio 10/08/2018
Printed Name of Authorized Representative Date
ITB1804070 38
APPENDIX F
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 the Bid ubmittal, then Bidder shall submit this Agreement.
ITB#:
Bidder:
Bidder's Address:
This Agreement is entered into as of the date of e 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 OOPS; 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 OOPS,
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.
ITB1804070 39
4. Non-Disclosure by Bidder: In the event t OCPS discloses confidential or trade secret information to
Bidder, Bidder agrees to not disclose such inf rmation 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 OC PS.
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
a 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 OC PS
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
ITB1804070 40
\K ?C
11. Governing Law: This Agreement shalloverned 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:
ITB1804070 41
DESCRIPTION OF CONFIDENTIAL MATERIALS
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ITB1804070 42
APPENDIX G
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.
ITB1804070 43
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.
Quality Cable Contractors Inc.
Name ITB1804070 Infrastructure Wire and Equipment Solicitation
Gabriel Del Rio - Vice President 10/08/2018
Name(s) and Title(s) of Authorized Repre• •'ahs= • . Ire Date
ITB1804070 44
APPENDIX H
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 subcontractors' 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/LDBNBE 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.
ITB1804070 45
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.
ITB1804070 46
APPENDIX I
MWBE/LDBNBE 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 Veter a n s Business Enterprise (VB Es). 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-Bidder Participation expected: 50%
Overall percent of LDB Sub-Bidder Participation expected: 47%
Overall percent of VBE Sub-Bidder Participation expected: 3%
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-Bidder,
anticipated dollar value, and the anticipated percent of the Contract value.
Sub-Bidder MWBE Type of Work/Material $Value % of Contract
and/or Value
LDB
and/or
VBE
Diversified VBE Low Voltage Material Supplier $59,053.95 3%
Supply,Inc.
Quality Cable MWBE Low Voltage Cabling Installer $984,232.50 50%
Contractors Inc.
Quality Cable LDB Low Voltage Cabling Installer $925,178.55 47%
Contractors Inc.
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.
Quality Cable Contractors Inc.
Ignature Company Name
Gabriel Del Rio-Vice President
Printed Name and Title
ITB1804070 47
eaniN ` ORANGE COUNTY PUBLIC SCHOOLS
OFFICE OF BUSINESS OPPORTUNITY
I
6501 MAGIC WAY BUILDING 101 F
PORLANDO, FL 32809
(407) 317-3739 FAX (407) 317-3784
May 10, 2018
Mr. Gabriel Del Rio
Quality Cable Contractors, Inc.
207 N. Goldenrod Road, Suite 600
Orlando, Florida 32807
SUBJECT: M/WBE and LDB Certified
Dear Mr. Del Rio,
This letter is to certify that Quality Cable Contractors, Inc. is an approved
Minority/Women Owned Business Enterprise (M/WBE) and Local Developing Business
(LDB) vendor for Orange County Public Schools, Office of Business Opportunity.
Quality Cable Contractors, Inc. is M/WBE certified and LDB certified by The Greater
Orlando Aviation Authority (GOAA). Their certification will be effective through February
4, 2019. Quality Cable Contractors, Inc. is an active provider in OCPS' Office of
Business Opportunity Provider's Directory.
If you have any questions or need assistance I can be contacted at the telephone
number provided below.
Sincerely,
<‘ �
Nestaly "Dolly" Morales
Supplier Diversity Specialist
Office of Business Opportunity
407-317-3700 Ext. 2025021
Nestaly.moralesta'�.ocps.net
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Orlando International Airport
5850 B Cargo Road
Orlando, Florida 32827-4399
Phone: (407)825-7133
Fax: (407)825-3004
April 23, 2018
Mr. Gabriel del Rio
Quality Cable Contractors, Inc.
207 N. Goldenrod Rd.
Suite 600
Orlando, FL 32807
Local Developing Business (LDB)& Minority/Women Business Enterprise(M/WBE) Certification
Expiration Date: February 4, 2021
Dear Mr.del Rio:
The Small Business Development Department of the Greater Orlando Aviation Authority(Authority)is pleased
to announce that your firm, Quality Cable Contractors, Inc. has been certified as both a Local Developing
Business(LDB) &Minority/Women Business Enterprise(MWBE), under the Authority's Local Developing
Business(LDB)& Minority/Women Business Enterprise Policies.
Please be advised that these certifications are not equivalent and should not be construed as
certifications under the Authority's Disadvantaged Business Enterprise(DBE) Policy promulgated
pursuant to the Department of Transportation's regulations, or the Authority's Small Business
Enterprise(SBE)or Service Disabled Veteran Business Enterprise (SDVBE) Policies.
LOB and MWBE certifications are NOT a guarantee of work, but enable the firm to compete for, and perform,
contract work on all Authority projects as an LDB and/or MWBE contractor, sub-contractor, consultant, sub-
consultant or material supplier.
Your company's LDB and MWBE certification with the Authority will be effective through February 4,2021. For
re-certification at the end of the three (3)year period you must reapply for LDB and MWBE, certification.Your
renewal application should be submitted sixty(60)days prior to expiration of your current certification. You
may complete your renewal application online at https://goaa.diversitycompliance.com.
If,there is a material change in the firm, including, but not limited to:ownership, officers, directors, scope of
work being performed, daily operations, affiliations with other businesses or individuals, physical location of the
firm,or the owner's PNW exceeds$750,000 prior to your renewal date you must promptly notify this office in
writing. Notification should include supporting documentation.
Congratulations on your LDB and MWBE certifications.Your renewal date is January 4, 2021. Please contact
our office at 407-825-7133 or dbe@goaa.org if you have any questions or if we can be of any assistance.
Sincerely, /
Ge.'•: I. Mo• ing
Small B ' ess Development Department
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ON TRAcm s,INC.
207 N.Goldenrod Rd.Ste 600
Orlando,FL 32807
Offering our services to Central Florida Since 1986
Phone systems, Voice, Data, Fiber Optics, CATV Cabling, Security Cameras
Company Profile
Quality Cable Contractors,Inc.was established in 1986 by Jorge del Rio.We offer products and services to a wide array of
clients in government,commercial and residential areas.We specialize in the installation and service of Voice/Data/Fiber
Optics and CATV systems,including underground OSP and Premise Distribution Systems.
Areas of Expertise
• BUSINESS PHONE SYSTEMS
-DESIGN,INSTALLATION&SERVICE
-ADDITION OR REPLACEMENT OF PHONE LINES
• NETWORKING
-CERTIFIED NETWORK CABLING SOLUTIONS
-DATA CENTERS
-ADDITION&REPAIR OF DATA LINES
-NETWORK SETUP
• FIBER OPTICS
-CERTIFIED INSTALLATION INSIDE WIRING&UNDERGROUND
-ADDITION OR REPAIR
-OTDR TESTING AND FIBER SPLICING
• BUSINESS AND HOME STRUCTURAL WIRING
-VOICE,DATA,&CATV
-INTERCOM
-HOME AUDIO
-VACUUM SYSTEM
• C.A.T.V.AND C.C.T.V
-DESIGN,INSTALLATION&SERVICE OF CABLE TV AND SURVEILLANCE SYSTEMS.
• CLASS CONNECTION INTERCOM SYSTEMS
-CERTIFIED DESIGN,INSTALLATION&SERVICE
• ACCESS CONTROL
• ALARM SYSTEMS
Experience
GREATER ORLANDO AVIATION AUTHORITY CONTINUING CONTRACT 2011 TO PRESENT
• Voice/Data/CATV
• Wireless Access Points
• IP Camera Installations
• Fiber Optic cable installation,termination,splicing,and OTDR testing
• New Communications Room Build outs
207 N. Goldenrod Road, Suite #600 Orlando, FL 32807
Phone 407-246-0606 Fax 407-482-5942
E-mail:info@Acciorlando.com
www.acciorlando.com
207 N.Goldenrod Rd.Ste 600
Orlando,FL 32807
Offering our services to Central Florida Since 1986
Phone systems, Voice, Data, Fiber Optics, CATV Cabling, Security Cameras
BP443 GREATER ORLANDO AVIATION AUTHORITY with Simplex Grinnell I AUGUST 2017 TO PRESENT
• Voice/Data/CATV
• IP Camera Installations
• Fiber Optic cable installation,termination,splicing,and Tier 2 testing
• New Communications Room Build outs
ORANGE COUNTY PUBLIC SCHOOLS I CONTINUING CONTRACT 1994-2002,2007 PRESENT
• This project consists of an ongoing Low Voltage Contract with OCPS.It involves installation of Voice,Data,Fiber
Optics,and CATV to new and existing construction.It includes underground Back Bone and Horizontal Cabling
installation. The work is done for existing,new schools,portable classrooms,office areas,computer labs,as well
as additions,moves and changes to existing networks.This contract also requires emergency response,24
hours,7 days a week year around.We troubleshoot and fix any fiber,voice,data,or CATV issues that may arise.
OIA ITF AND PDL BUILDINGS NEW TRAIN TERMINAL I COMPLETED MAY 2018
• New Construction
• Fiber Optic cable installation,termination,splicing,and OTDR testing
• All Copper Data Infrastructure
• New Communications Room Build outs
SUMTER COUNTY EMERGENCY OPERATIONS CENTER I COMPLETED DECEMBER 2017
• New Construction
• Fiber Optic cable installation,termination,splicing,and OTDR testing
• All Copper Data Infrastructure
• New Communications Room Build outs
WEST ORANGE HIGH SCHOOL NEW CONSTRUCTION I COMPLETED JULY 2017
• New Construction
• Fiber Optic cable installation,termination,splicing,and OTDR testing
• All Copper Data Infrastructure
• New Communications Room Build outs
MOLLIE RAY ELEMENTARY NEW CONSTRUCTION(COMPLETED JULY 2017
• New Construction
• Fiber Optic cable installation,termination,splicing,and OTDR testing
• All Copper Data Infrastructure
• New Communications Room Build outs
LAKE NONA ELEMENTARY NEW CONSTRUCTION I COMPLETED JULY 2017
• New Construction
• Fiber Optic cable installation,termination,splicing,and OTDR testing
• All Copper Data Infrastructure
• New Communications Room Build outs
LAKE NONA MIDDLE SCHOOL NEW CONSTRUCTION I COMPLETED JULY 2017
• New Construction
• Fiber Optic cable installation,termination,splicing,and OTDR testing
• All Copper Data Infrastructure
• New Communications Room Build outs
207 N. Goldenrod Road, Suite#600 Orlando, FL 32807
Phone 407-246-0606 Fax 407-482-5942
E-mail: info a�cciorlando.c or
www.qcciorlando.com
r •
► O, *• S.* : INC.
, 207 N.Goldenrod Rd.Ste 600
Orlando,FL 32807
Offering our services to Central Florida Since 1986
Phone systems, Voice, Data, Fiber Optics, CATV Cabling, Security Cameras
HYATT REGENCY GRAND CYPRESS I COMPLETED JANUARY 2016
This Project consists of installing 293 Data drops for access points.Fiber is also being installed in this project.
GOAA HBJ TO CE BUILDING FIBER INSTALLATION I COMPLETED JULY 2015
• This Project consisted of installing a 144 Strand Single Mode Fiber from the HE'building Comm Room to the CE
Building Comm Room at the Orlando International Airport.Directional boring and fiber terminations were done.
A total of 23,500 feet of fiber was installed in this project.
GOAA LEVEL 1,2,AND 3 LAND SIDE A WIRELESS ACCESS POINTS j COMPLETED MAY 2014
• These projects consisted of installing conduit from Comm rooms to each access point.New IDF's were created
for some Comm rooms in these projects.New Relay Racks and Cable Trays were installed to accommodate the
new cabling.Fiber back bone was installed,terminated and tested to some locations.AP's and Antennas were
installed.This job was completed ahead of schedule.
EXTERNAL WAY FINDING SIGNS AT ORANGE COUNTY CONVENTION CENTER[THROUGH CAFE CONSTRUCTION
AND DEVELOPMENT]I COMPLETED APRIL 2014
• This project consisted of underground directional boring,trenching and installing 4"conduit with inner-duct,
vaults,junction boxes and install fiber to 13 Way Finding Sign on North and West sides of OCCC.The fiber was
run from MDF through manholes,conduit systems and terminated at each of the 13 signs.In this project we had
to install terminate,splice,and OTDR tested a 96 strand SM fiber to a manhole.From the man hole a 12 strand
SM fiber was run and spliced to each individual sign.
GOAA JETBLUE CCTV AT AIRSIDE 1 I MARCH 2013
• Installed,terminated,and tested 2 data drops to each of the cameras for JetBlue.This job also included conduit
installation from the Comm rooms to the cameras.
HYATT AT ORLANDO INTERNATIONAL AIRPORT:GUEST ROOM FIBER I COMPLETED JUNE 2013
• Installed,terminated,and tested Fiber Optic Cabling to 225 Guest Rooms.We also installed Conduit for the fiber
backbone and ran fiber from GOAA Comm rooms to Hyatt Comm Rooms.
THE JACKSONVILLE BRIDGES,CHRISTIAN PRISON MINISTRIES I COMPLETED AUGUST 2013
• This project consisted of brand new construction with five buildings.QCCI Installed all Low Voltage Systems for
the entire project including Voice,Data,Fiber Optics,Cable TV,Access Control,Thermostat,Lighting Controls,
and over 150 Security Cameras.Design and Installation of MDF and IDF's for entire project.All back bone
infrastructure for fiber,voice,and CATV was installed for new buildings.
Education, Training, and Certifications
• FL State License Low Voltage System Specialty Contractor#ES0000248 since 1997
• FL State License Alarm Systems 2#EG13000643
• Certified with Belden,Panduit,OCC,and Hubbell
• Various technical courses and continued education for low-voltage license requirements
• Certified Technicians in Confined Spaces
• MBE,DBE,and LDB with Greater Orlando Aviation Authority
• MBE with the City of Orlando
• DBE in the State of Florida
207 N. Goldenrod Road, Suite#600 Orlando, FL 32807
Phone 407-246-0606 Fax 407-482-5942
E-mail: infoq4cciorlando.coin
www.qcciorlando.com
EXHIBIT B
r ORANGE COUNTY PUBLIC SCHOOLS
Facilities&Construction Contracting
UUU Bid Price Sheet
Bid Title: Infrastructure Wire and Equipment
Bid M: 1701804070
MATERIALS
Item N Description Unit Price(%) Unit of Measure Est.Quantity Extended Price
Cat6 CableMohawk ora roved alternative)Cable(Mohawk 4" Ea. $225,000
31 500.00
furnished shall be a percentage above cost $
Cet6A Cable(Mohawk or approved alternative)
2 furnished shall be a percentage aoove test 4` ta. $z25,000 $31,500.00
Cabinets and Miscellaneous Cabinet Parts(Hubbell
3 RE4,Groat Lakes) :4% Ea. $270,000 $37,800.00
furnished shall be a percentage above cost
Fiber Optic Cable(0M4 50 Micron Multi-mode)
a.4 ) I 10,52000 $29,400.00
furnished shall be a percentage above cost
Cat 6lacks,Patch Panels,AMO,Face Plates,etc.
[Hubble or approved alternative) 1.4 yu I a. $135,000 $ 18,900.00
•
furnished shall be a percentage above cost
Materials and Supplies C
6 not listed above furnished shall be a percentage above 14 Ea. 590,000 $ 12,600.00
cost
LABOR
Item N Description Unit Price($) Unit of Measure Est.Quantity Extended Price
7 Weekday Labor Rate-Cable Installation $ 28.00 Four' 20.000 $560,000.00
(Cat,Coax,Fiber)Monday-Friday 7AM-7 PM
Evening/Weekend Labor Rate-Cable Installation
8 (Cat,Coax,Fiber)Monday Friday 7 PM 7AM,and $ 36.50 ,our:y 1.610 $60,225.00
Weekends
9 Weekday Labor Rate-Cable Removal&Disposal $ 15.00 Hourly cm
(Cat,Coax,Fiber)Monday-Friday 7 A-7 2M `p 24,000.00
Evening/Weekend Labor Rate-Cable Removal&
• IC Disposal (Cat,Coax,Fiber)Monday-Friday 7 PM-7 $ 10.00 Hourly sir $ 1,600.00
AM and Weekends
Weekday Labor Rate-Cable Repair C
11 $ICat,Coax,Fibe') Monday-Friday 7 A-7 PM 45.00 Hourly 55 $2,475.00
Evening/Weekend Labor Rate-Cable Repair
12 (Cat,Coax,Fiber)Monday-Friday 7 PM-7 A $45.00 Hourly ;- $495.00
&Weekends
13 Weekday Labor Rate to Install Network 45.00 Hourly 55
switchgear,WAP's,BackUPS units,etc. $2,475.00
14 Evening/Weekend Labor Rate to Install Netwo'k $45.00 Hourly is $495.00
switchgear,WAP's.BackUPS units,etc.
Add Estimated Cost of Materials: 1 155 000.00
Total Cost of bid Price: $ 1 968_465.M
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