Contract 2021-038ADocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4 #2021-038-A
AGREEMENT NO. 2021-038 FOR
FENCING FURNISH AND INSTALL
THIS AGREEMENT, is made and entered into this 8th day of July
2021, 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 All -Rite Fence Services,
Inc, whose address is: 5115 Old Winter Garden Rd, Orlando, FL 32811, (hereinafter
referred to as "CONTRACTOR").
WHEREAS, Orange County Public Schools through the public procurement process
awarded an Agreement for fencing furnish and installation services, Orange County Public
Schools Contract Number ITB1911353;
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 1911353;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1— SCOPE OF WORK
The CONTRACTOR shall furnish fencing and installation services as described in the
Orange County Public Schools Contract Number IT131911353, which is attached hereto
and incorporated herein as Exhibit "A" and shall perform everything required by this
Agreement and the other exhibits attached hereto. Provided, however, that nothing herein
shall require CITY to purchase or acquire any items or services from CONTRACTOR that
is not specified in the CITY's purchase order. 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 2 — 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 "G",
attached hereto and incorporated herein.
ARTICLE 3 — TERM AND TERMINATION
3.1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until June 23, 2023 unless terminated or renewed by Orange
County Public Schools.
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3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to CONTRACTOR, terminate this Agreement: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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.
3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2)
additional year terms.
ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK
4.1. The CONTRACTOR shall only provide to CITY fencing furnish and installation
services upon receipt of an authorized order from CITY and shall provide the
requested items in the timeframe and as set forth in Orange County Public Schools
Contract Number ITB 1911353 or in the specific purchase order or authorized order
submitted by CITY. Nothing herein shall obligate CITY to purchase any specific
amount of product from CONTRACTOR or create an exclusive purchase
agreement between CITY and CONTRACTOR. CITY shall not be obligated or
required to pay for any items received until such time as CITY has accepted the
items in accordance with the order provided to. CONTRACTOR.
4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether
there will be any delay in providing the items requested. Failure of
CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking
payment of any kind for any items that were delayed in delivery. Upon receipt of
notification of the delay, CITY may at its sole option cancel the order and seek the
items from any available source.
4.3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any
agent or representative as in compliance with the terms of this Contract shall not
operate as a waiver by the CITY of strict compliance with the terms of this Contract
and the CITY may require the CONTRACTOR replace the accepted gasoline,
diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and
specifications hereof.
4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate
CITY to purchase any minimum quantity of product during the term hereof.
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ARTICLE 5 — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of products to CITY as set forth in the applicable purchase order. CITY shall make
payment to the CONTRACTOR for all accepted deliveries and undisputed product
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION
6.1. 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.
6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
6.3 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.
ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its 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 subCONTRACTOR
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.
7.2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business 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 as follows:
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(a) CONTRACTOR's Commercial General Liability, $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) 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.
7.3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its 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 such acts are 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; however, this indemnification does
not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(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 8 — NOTICES
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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: All -Rite Fence Services, Inc
5115 Old Winter Garden Rd
Orlando, FL 32811
Attn: David Glidewell, President
OWNER: City of Clermont
Attn: Susan C. Dauderis, Interim City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 9 — MISCELLANEOUS
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. 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.
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9.6. Assigment — 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.
9.7. 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.
9.8. 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.
9.9. 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:
(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.
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ARTICLE 10 — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
10.1. This Agreement
10.2. Purchase Order / Notice To Proceed
10.3. An applicable Contractor Quote or Statement of Work
10.4. All documents contained in the Orange County Public Schools Contract Number
IT131911353.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 8th day of July , 2021.
CITY OF CLERMONT
DocuSigned by:
SWSMA, VA.U.kXiS
Susan au eris, Interim City Manager
ATTEST:
DocuSigned by:
T" A,� Haws
Tracy AW4;o d Howe, City Clerk
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ALL -RITE FENCE SERVICES, INC
DocuSignedd'by:
I. ,'/
By:
(Signature)
Print Name: David Gl i dewel l
Title: President
Date: 6/28/2021
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
Exhibit A
Orange County
Public Schools
445 W. Amelia Street • Orlando. Florida 32801 • (407) 317-3200 • www.ocos net
INVITATION TO BID AND CONTRACTOR
ACKNOWLEDGEMENT FORM
POSTING DATE: May 14, 2020 PROCUREMENT CONTACT & EMAIL:
Kevin Watson, Sr. Specialist II
Kevin.watson@ocps.net
BID NUMBER AND TITLE: ITB1911353 FENCING FURNISH & INSTALL
BID DUE DATE & TIME: June 4, 2020 at 2:00 PM EST
NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED
QUESTION DEADLINE: May 22, 2020 at 2:00 PM EST
THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR RESPONSE.
YOUR RESPONSE WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED
AGENT OF THE CONTRACTOR.
COMPANY NAME: All -Rite Fence Services Inc.
MAILING ADDRESS: 5115 Old Winter Garden Road
CITY, STATE, ZIP: Orlando, FL 32811
FEDERAL EMPLOYERS IDENTIFICATION NUMBER (FEIN): 24-4380762
TELEPHONE NUMBER: 407-295-7093 FACSIMILE NUMBER: 407-292-8550
EMAIL: David@allritefence.com
AUTHO (ZED SIGNATURE: TYPE OR
PRINTED NAME:
David Glidewell
TITLE: President DATE: 06/01/2020
NOTICE: Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes will constitute
a waiver of proceedings under Chapter 120, Florida Statutes and School Board Rules.
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IT131911353 Fencing Furnish and Install
BID SUBMITTAL CHECKLIST
The following documents must be submitted as part of the bid submission:
❑ Invitation to Bid and Contractor Acknowledgement — page #1
❑ Exhibit A - Office of Business Opportunity MWBE/LDBNBE Subcontractor Participation Form
❑ Exhibit B - Drug -free Workplace Certification
❑ Exhibit C - Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions
❑ Exhibit D - Contractor's Statement of Principal Place of Business
❑ Exhibit E - Byrd Anti -Lobbying Amendment Certification
❑ Exhibit F - Fencing Contractor Work Experience Requirements
❑ Exhibit H - Contractor Owned Equipment (Optional)
❑ Pricing submission within VendorLink
❑ If a Florida Corporation, a screenshot of "ACTIVE" status through www.si �r�c
❑ If a Non -Florida Corporation, a screenshot of "ACTIVE" status from the state in which the business was formed
❑ All Addenda (if applicable)
❑ Copy of Current Occupational License and any license required to provide the services listed herein
❑ Certificate of Insurance
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ITB1911353 Fencing Furnish and Install
GENERAL TERMS AND CONDITIONS
1. Definitions
The School Board of Orange County, Florida may be referred to as "Board", "School Board", "District," or "OCPS"
herein.
The term "Contractor" shall refer to the company, individual, or organization that responds to this Bid and/or is
awarded this Bid.
2. Length of Contract and Renewals: The intent of this Bid is to establish a contract for an initial period of three
(3) years from the date of award by the OCPS School Board with two (2) additional one-year renewal options
at the same prices, terms, conditions, and specifications upon mutual agreement by OCPS and the Contractor.
Renewals must be in writing, with the signature of the Contractor's authorized representative and OCPS.
3: Cancellation: OCPS reserves the right to cancel this Invitation to Bid, in whole or in part, when it is in OCPS' best
interest. Notice of cancellation will be posted on the OCPS VendorLink site.
4. Bid Submission: Bid submittals are due at the date and time indicated on the Contractor Acknowledgement Form
or as amended in the form of an addendum issued by Procurement Services.
All solicitations and supporting documents will be posted on VendorLink at Nww.vendorlink.oc s.r, . It is the sole
responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates.
It is the sole responsibility of the Contractor to ensure that their Bid response is submitted through VendorLink no
later than the time and date specified in the Bid or subsequent addenda. The Contractor is responsible for allowing
adequate time to upload their submittal on VendorLink. If technical difficulties arise during submission of the Bid
response, it is the Contractor's responsibility to contact VendorLink technical support at suipportCdievendorlink.com.
OCPS shall not be responsible for delays caused in any occurrence. Submittals sent by mail, facsimile, electronic
mail, telephone, or any other means not specified herein will not be accepted. Bid submittals may not be withdrawn
after the bid due date. All Bid submissions must be transmitted electronically through VendorLink at
www.vendorlink.ocps.net. Acceptable file formats for upload are Microsoft Excel (.xls or .xIsx), Adobe Portable
Document (pdf), or .ZIP file formats and printing must be enabled on all files submitted.
5. Execution of Bid Submittal: Each Bid submittal must include the signature of an officer or employee having
authority to bind the Contractor in the space(s) provided. Only the terms and conditions of this Bid, as released
by OCPS or amended via addendum, are valid. Any modification to any term or condition by the Contractor is
not binding unless it is expressly agreed to in writing by OCPS.
6. Interpretation of Bid Documents: No interpretation of the meaning of this Bid document or correction of any
ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or
clarification of this Bid, and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or
error will be addressed in writing by the OCPS Procurement Services Representative. Inquiries must reference
the date of Bid opening, Bid title, and Bid number. Interpretation of the Bid, clarification of Bid specifications, and
changes to the Bid shall be communicated by written addenda only. Only the written interpretation or correction
given by the Procurement Services Representative shall be binding. Verbal responses shall be considered
inadmissible in Bid protest proceedings. Contractors are advised that no other source is authorized to interpret,
explain, clarify or give information regarding the Bid documents. Written addenda shall be signed by the
Contractor and returned with the Bid submission. Failure to return such addenda may constitute cause for
rejection of a Bid submittal.
7. Public Records:
OCPS is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with
Florida's Public Records Law.
7.1. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE OCPS CUSTODIAN OF PUBLIC RECORDS AT
407.317.3965, RECORDS OCPS.NET, ORANGE COUNTY PUBLIC
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ITB1911353 Fencing Furnish and Install
SCHOOLS, RECORDS MANAGEMENT, P.O. BOX 271, ORLANDO, FL
32802.
7.2. The Contractor acknowledges its legal obligation to comply with Section 119.0701, Florida Statutes. The
Contractor 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.
The Contractor shall comply with all requirements for retaining public records and shall transfer, at no cost
to OCPS, all public records in the possession of the Contractor upon a request for such public records.
See Section 119.0701(2)(b)4, Florida Statutes, for additional record keeping requirements.
7.3. A request to inspect or copy public records relating to OCPS' contract for services must be made directly
to OCPS' Custodian of Public Records. If OCPS does not possess the requested records, OCPS'
Custodian of Public Records shall immediately notify the Contractor of the request. The Contractor 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 the Contractor
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.
7.4. Should the Contractor fail to provide the requested public records to OCPS within a reasonable time, the
Contractor understands and acknowledges that it may be subject to penalties under Sections
119.0701(3)(c) and 119.10, Florida Statutes.
7.5. The Contractor 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 the Contractor does not transfer the records
to OCPS. Upon completion, expiration, or termination of this Bid, the Contractor 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 the Contractor transfers all public records to OCPS, the Contractor shall destroy
any duplicate public records that are exempt, or confidential and exempt, from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion, expiration, or
termination of this Bid, the Contractor 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.
8. Non -Collusion: The prices in the Contractor's submittal have been arrived at independently, without consultation,
collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such
prices with any other Contractor or with any competitor.
9. Conflict of Interest: In addition to full and complete adherence to the requirements provided in Section 112.313,
F.S., all Contractors must disclose the name of any officer, director, agent, or representative who is also an
employee of OCPS, who knowingly owns, directly or indirectly, any interest of any amount in Contractor's company,
firm, or business, or who derives income of any kind from Contractor's company, firm or business.
10. Bid Protests: In accordance with OCPS School Board Policy DJE and Chapter 120, Florida Statutes, any person
who is adversely affected by the terms, conditions, or specifications set forth in this Bid 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.
The Notice of Intent to Protest and formal written protest shall be filed at the following address:
Senior Director, Procurement Services
445 West Amelia Street
Orlando, Florida 32801
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ITB1911353 Fencing Furnish and Install
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.
11. No -Contact Period / Lobbying: In accordance with School Board Policy KCE, During the No Contact Period, no
Lobbyist, Principal, Business Associate, Business Entity, Vendor or other person may lobby a Board Member, the
Superintendent, any Procurement Official or any OCPS employees except: (a) any designated Procurement Official
or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications
or for receiving bid protests; and (b) a Board Member, the Superintendent, any Procurement Official or any OCPS
employee who is lobbied on issues or matters unrelated to the procurement of goods and services which are
subject to the No Contact Period.
The No -Contact Period shall commence on the initial date of the advertisement for this Bid and continue through
and include the date the School Board makes its determination to approve or reject the final recommendations.
Failure to meet any of these requirements may disqualify the Contractor from consideration.
12. Laws and Regulations: 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 hereto
and shall govern any and all claims and disputes which may arise between the Contractors submitting a response
hereto and OCPS by and through its officers, employees, and authorized representatives, or any other persons,
natural or otherwise; and lack of knowledge by any Contractor shall not constitute a cognizable defense against
the legal effect thereof.
13. Patents, Copyrights, and Royalties: The Contractor, without exception, shall indemnify, defend, and hold
harmless the School Board of Orange County, Florida and its employees from liability of any nature or kind including
cost and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by the OCPS. If the Contractor uses any
design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without
exception its Bid prices shall include all royalties or costs arising from the use of such design, device, or materials
in any way involved in the work.
14. Marketing/Advertising: By submitting or being awarded this Bid, Contractor agrees not to use the results as a
part of any marketing and/or commercial advertising using OCPS' name, logos, etc. without the express written
consent of the District.
15. Purchases by Other Public Agencies/Piggyback: With the consent and agreement of the Contractor, purchases
may be made under this solicitation and resulting 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
Contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any
or all of these items.
16. Right to Use Existing Contracts / Non -exclusivity: OCPS reserves the right to utilize any other contract,
including, but not limited to, the following: any State of Florida Contract, any contract awarded by any other city or
county governmental agencies, other school boards, other community college/state university system, cooperative
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 agreement, if
deemed to be in the best interest of OCPS, at any time during this agreement term.
17. Public Entity Crimes: Section 287.133(2)(a), F.S., as currently enacted or as amended from time to time, states
that a person or affiliate who has been placed on the convicted contractor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to any public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public
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entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36
months from the date of being placed on the convicted contractor list.
18. Bankruptcy / Insolvency: At the time of Bid submission, Contractor 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 Contractor 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 the Agreement, in which event all rights
hereunder shall immediately cease and terminate.
19. Termination: OCPS reserves the right to terminate the award as a result of this Bid, or any part herein, without
cause or penalty. OCPS will notify the Contractor of the intent to terminate, in writing, a minimum of thirty (30) days
prior to the effective date of termination, and the agreement will officially terminate at the end of the thirty (30) day
grace period. Termination or cancellation of the Bid will not relieve the Contractor of any obligations for any
deliverables entered into prior to the termination of and/or obligations or liabilities resulting from any acts committed
by the Contractor prior to the termination of the agreement.
20. Right to Reject: OCPS reserves the right to reject any or all Bid(s), to waive minor irregularities and/or to accept
the Bid(s), which in its sole judgment best serves the interest of OCPS.
21. Tie Bids: In the case of identical responsive and responsible bid submittals, the following criteria shall be utilized
to determine award of Bid:
a. MWBE Certification
b. LDB Certification
c. VBE Certification
d. Drug Free Workplace Certification
e. Coin Flip
22. Extension: In addition to any renewal options contained herein, OCPS has the right to extend any award resulting
from this Bid for the period of time necessary for OCPS to release, award, and implement a replacement agreement
for the commodities and/or contractual services provided in this Bid. Such extension shall be based upon the same
prices, terms, and conditions set forth in this Bid.
23. Method of Ordering: The Contractor shall only fill orders for commodities and/or services upon receipt of an
authorized purchase order issued by OCPS, or an OCPS Purchasing Card. All orders will be initiated on an as -
needed basis throughout the term of this Bid. Orders shall be promptly filled and delivered to the location specified
on the purchase order.
24. Invoicing: The Contractor is required to submit all invoices referencing a valid OCPS purchase order number for
all requests for payment. Unless otherwise noted, invoices shall be sent via email to the District's authorized
representative, as indicated on the Request for Quote. Mailing instructions, if needed, can be obtained by
contacting the appropriate District's authorized representative. OCPS reserves the right to request additional
documentation to support or verify the invoice.
It is the sole responsibility of the Contractor to ensure that an invoice corresponds to its applicable 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.
An invoice can only reference one purchase order number. Invoices which do not reference valid purchase order
numbers will be returned to the Contractor for resolution of the discrepancies, and must be resubmitted. OCPS will
only pay the dollar amounts authorized on the purchase order. All statements must reference valid purchase order
numbers.
25. Payment: OCPS will only pay the dollar amounts as authorized on the purchase order. Payment will be made
according to Chapter 218, F.S., Local Government Prompt Payment Act, after the commodities or contractual
services provided by an the Contractor have been received, inspected, and found to comply with award
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specifications, free of damage or defect, and properly invoiced. Payment for partial shipments shall not be made
unless specified in the purchase order. 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.
26. Contractor's Representative: Contractor must provide a point of contact for the term of this Bid to include the
name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the
placement of an order, coordination of services, and to address other issues. If the point of contact differs for
regular work -hours and after- hours, weekends, and holidays, this must be provided. The Contractor must
provide OCPS Procurement Services with any updates to the primary point of contact. OCPS reserves the right
to require a change in the Contractor's point of contact at the District's sole discretion.
27. Assignment: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, 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.
28. 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 Contractor from responsibility.
29. Anti -Discrimination: The School Board of Orange County, Florida, does not discriminate in admission or access
to, or treatment or employment in its programs and activities, 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.
30. Equal Employment Opportunity: OCPS is committed to assuring equal opportunity in the award of contracts and
therefore complies with all laws prohibiting discrimination based on 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.
31. Fingerprinting / Jessica Lunsford Act: The Contractor and any of its employees performing services hereunder
shall comply with the Jessica Lunsford Act, effective September 1, 2005. "Non -instructional school district
employees or contractual personnel who are permitted access on school grounds when students are present, who
have direct contact with students or who have access to or control of school funds must meet level 2 screening
requirements as described in s.1012.32. Contractual personnel shall include any vendor, individual, or entity under
contract with a school or the school board." See Section 1012.465, F.S. To apply for a Vendor Badge,
please visit . /my, badge. ocs.net
32. Audit and Inspection: OCPS or its representatives reserves the right to inspect and/or audit the Contractor's
documents and records as they pertain to the products and services delivered under this Bid. Such rights will be
exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions
and specifications on all matters, rights and duties, and obligations established by this agreement. Documents
or records in any form shall be open to OCPS' 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 Contractor.
33. Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless
OCPS, its board members, employees and representatives from and against any and all
claims, suits, judgments, demands, liabilities, damages, cost and expenses including attorney's fees of any kind or
nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the
Contractor or its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts any of
them may be liable; excepting those acts or omissions arising out of the sole gross negligence or intentional
misconduct of OCPS.
Nothing in this Bid 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
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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.
34 Governing Law and Venue: Any and all legal actions associated with this agreement will be governed by the
laws of the State of Florida. Venue for any litigation involving this Bid shall be in the Ninth Circuit Court in and for
Orange County, Florida. Should any federal claims arise for which the courts of the State of Florida lack jurisdiction,
venue for those actions will be in the Orlando Division of the U.S. Middle District of Florida. 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.
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.
35. Preference to Florida Businesses: In accordance with Section 287.084(1)(a), F.S. when a school district is
required to make purchases of personal property through competitive solicitation and the lowest responsible and
responsive Bid, proposal or reply is by a Contractor whose principal place of business is in a state or political
subdivision which grants a preference by that state or political subdivision, then the district shall award an equal
preference to the lowest responsible and responsive Contractor having a principal place of business within
Florida. In a competitive solicitation in which the lowest Bid is submitted by a Contractor whose principal place
of business is located outside the state, and that state does not grant a preference in competitive solicitation to
Contractors having a principal place of business in that state, the preference to the lowest responsible and
responsive Contractor having a principal place of business in the State of Florida shall be 5 percent.
A Contractor 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.
The Contractor must complete the form titled "Contractor's Statement of Principal Place of Business" and include
with Bid submittal.
36. Contracts and Amendments: The contents of this Bid and all provisions of the Contractor's submittal shall be
considered an agreement and become legally binding. Any changes to the provisions herein after award must be
in writing and signed by both parties.
37. Data Confidentiality: The Contractor shall implement appropriate measures designed to ensure the
confidentiality and security of student information and confidential data, 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 Contractor's custody.
38. Compliance with Laws and OCPS Policies and Procedures: The Contractor will not knowingly permit any of
Contractor's personnel to have access to any OCPS facility, records, or data of OCPS if the person has been
convicted of a crime in connection with (i) a dishonest act, breach of trust, or money laundering, or has agreed
to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, as described
in Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. §1829(a); or (ii) a felony. Contractor must, to the
extent permitted by law, conduct a check of public records in all of the employee's states of residence and
employment for at least the last five (5) years in order to verity the above. Contractor shall assure that all
contracts with subcontractors impose these obligations on the subcontractors and shall monitor the
subcontractors' compliance with such obligations. No subcontractors may be used without prior written consent
Of OCPS.
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39. FERPA: To the extent Services provided hereunder pertain to the access of student information, Contractor 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 - the Family Educational Rights and Privacy Act (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, Contractor, 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 Contractor, its officers, employees, agents, or representatives, to the extent that
the Contractor, 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 agreement, and shall remain fully binding upon Contractor. A separate Non -Disclosure
Agreement may be required.
40. HIPAA, CIPA, and GLBA: Contractor agrees to 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, Health Information Privacy and
Accountability Act (HIPAA), Children Internet Protection Act (CIPA), and the Gramm -Leach Bliley Act (GLBA).
41. Data Re -Use: Contractor 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 Contractor. As required by Federal law, Contractor further
agrees that no OCPS data of any kind shall be revealed, transmitted, exchanged, or otherwise passed to other
contractors 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.
42. Data Breach: Contractor agrees to comply with Section 501.171 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 Contractor's security obligations or other event requiring notification under applicable law ("Notification
Event"), Contractor 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.
43. Mandatory Disclosure of Confidential Information: If Contractor becomes compelled by law or regulation
(including securities laws) to disclose any confidential information, Contractor 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 Contractor must comply with the request, Contractor will furnish only
that portion of the confidential information that it is legally required to furnish, and Contractor shall require any
recipient of the confidential information to exercise commercially reasonable efforts to preserve the confidentiality
of the information.
44. Remedies for Disclosure of Confidential Information: Contractor and OCPS acknowledge that unauthorized
disclosure or use of confidential 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 confidential 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). Contractor hereby waives the posting of a bond with respect to any action for
injunctive relief. Contractor further grants OCPS the right, but not the obligation, to enforce these provisions in
Contractor's name against any of Contractor's employees, officers, board members, owners, representatives,
agents, contractors, and subcontractors violating the above provisions.
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45. Non -Disclosure: Contractor 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 Contractor and
OCPS.
46. Request for Additional Protection: OCPS may reasonably request that Contractor protect the confidentiality
of certain information in particular ways to ensure that confidentiality is maintained.
47. Prohibition Against Contracting With Scrutinized Companies: The Contractor certifies by executing its Bid
submission that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with OCPS for goods
and services pursuant to Section 287.135.
Specifically, by executing this bid submittal the Contractor certifies that it is not on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.
If the Bid submittal is for an amount of one million dollars ($1,000,000) or more, the Contractor certifies that it is not
(1) 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, Florida Statutes and/or (2) engaged in
business operations in Cuba or Syria.
OCPS reserves the right to terminate the award of this Bid if the Contractor:
a. Submitted a false certification of its eligibility to bid on, submit a proposal for, or enter into or renew a contract
with OCPS for goods or services pursuant to Section 287.135, Florida Statutes; and/or
b. Became ineligible to contract with OCPS for goods or services pursuant to Section 287.135, Florida Statutes
subsequent to receiving the Award/Agreement/Contract from OCPS.
Should OCPS terminate the Bid due to falsification of eligibility, OCPS reserves the right to pursue any and all
available legal remedies against the Contractor, include but not limited to the remedies described in Section
287.135, Florida Statutes.
Should OCPS terminate a contract due to post -award ineligibility, the Contractor shall be paid only for the funding -
applicable work completed as of the date of the termination.
Unless explicitly stated in this section, no other damages, fees, and/or costs may be assessed against OCPS for
its termination of the Bid pursuant to this section.
48. Florida Department of State, Division of Corporations Registration Requirements: Contractors who 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 a screen shot of their "active" status.
All registered Contractors must have an active status in order to be eligible to do business with OCPS.
Contractors doing business under a fictitious name, on page 1, must submit their offer using the company's
complete registered legal name; example: ABC, Inc. d/b/a XYZ Company.
If the Contractor is not located in Florida, the Contractor must provide their state's document number and a screen
shot of their current, date -identified "active" status with their submittal.
49. State Term Contracts: In accordance with Section 1010.04, F.S., purchasing agreements and state term
contracts available under Section 287.056, F.S. have been reviewed to determine if they suit the needs of the
district and/or provide an economic advantage.
50. Taxes: OCPS is exempt from and does not pay Federal Excise or State of Florida Sales taxes.
51. Confidential, Proprietary, or Trade Secret Material: If the Contractor considers any portion of the documents,
data, or records submitted in response to this Bid to be confidential, trade secret or otherwise not subject to
disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Contractor
must also simultaneously provide the OCPS with a separate redacted copy of its response. The redacted copy
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shall contain the OCPS solicitation name, number, and the name of the Contractor on the cover, and shall be
clearly titled "Redacted Copy." The Contractor must also include next to each redaction the statutory basis for
the exemption The Redacted Copy shall be provided to OCPS at the same time the Contractor submits its
response to the Bid and may only exclude those exact portions which are claimed confidential, proprietary, or
trade secret.
The Contractor shall be responsible for defending its determination that the redacted portions of its response are
confidential, trade secret or otherwise not subject to disclosure. Further, the Contractor shall protect, defend and
indemnify OCPS for any and all claims from or relating to the Contractor's determination that the redacted
portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.
If the Contractor fails to submit a Redacted Copy with its response, OCPS is authorized to produce the entire
documents, data or records submitted by the Contractor in response to a public records request for these
records.
52. Favored Nation Clause: Based on similar size and quantity, it is understood that the Contractor is providing
OCPS the same or better pricing than other districts and governmental agencies. If during the term of this
agreement, OCPS identifies better pricing for the same item, the Contractor agrees to offer the District the
reduced price.
53. Liquidated Damages: The Contractor agrees to the use of Liquidated Damages in the event the Contractor fails
to perform in accordance with the provisions herein. On the occasion where the Contractor has been found to
be in default of contract, or any material provision thereof, or fails to remedy any deficiency in performance,
OCPS may procure the necessary supplies or services from an alternative source and hold the Contractor
financially responsible for any excess costs incurred. The difference between the Bid price of the product or
service and the actual price paid may be deducted from any current or future obligations owed to the Contractor.
54. Force Majeure: Neither party shall be obligated to perform any duty, requirement, or obligation under this Bid if
such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts
of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition
beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual
expense ("Force Majeure").
55. Report of Unsatisfactory Products and/or Services: A Vendor Performance Report form will be utilized to
document unsatisfactory performance during the term of this Bid. The report may become an important part of
the Contractor's history. The report and process will assist OCPS to determine whether there is a continuing
pattern of problems which may need to be addressed through termination of contract and/or suspension of the
Contractor from future Bidding.
56. Stop Work Order: The School Board may at any time by written notice to the Contractor stop all or any part of
the work for this Bid award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize
additional costs during the period of work stoppage. The School Board may subsequently either cancel the stop
work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work
in accordance with the provisions of the Bid terms and conditions.
57. 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, the Contractor designates the address set forth on the first page of this bid document as its
place for receiving notice, and OCPS designates the following address for such notice:
The School Board of Orange County, Florida
Sr. Director, Procurement Services
445 W. Amelia Street
Orlando, FL 32801
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58. Data Security: The Contractor agrees to 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.)
59. Data Transmission: The Contractor 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.
60. Data Storage and Backup: The Contractor agrees that any and all OCPS data will be stored, processed, and
maintained solely on designated servers and that no OCPS data at any time will be processed on or transferred
to any portable or laptop computing device or any portable storage medium, unless that storage medium is in
use as part of the Contractor'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. The Contractor 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.
61 End of Agreement Data Handling: The Contractor agrees that upon termination of this Bid it 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 Bid or within seven (7) days of the request of an agent of OCPS, whichever shall come first.
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FEDERAL GRANTS TERMS AND CONDITIONS
For any services or goods purchased under this bid that involves, receives or utilizes Federal Grants funding, the
following terms and conditions shall be considered a part of the solicitation and resulting award and the Contractor
accepts and acknowledges that it is and will continue to be in compliance with said terms and conditions for the
term oftheaward:
1. Illegal Alien Labor: The Contractor shall comply with all federal and state laws prohibiting the hiring and
continued employment of aliens not authorized to work in the United States. The Contractor must not
knowingly employ unauthorized aliens and should such violation occur shall be cause for cancellation of the
contract. The Contractor and its subcontractors will utilize the E-verify system established by the U.S.
Department of Homeland Security to verify the employment eligibility of its employees.
2. Recovered Materials (2 CFR §200.322) applies to all contracts greater than $10,000: The Contractor must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of
the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
3. Federal Drug Free Workplace: The Contractor agrees to comply with the drug -free workplace requirements for
federal contractors pursuant to 41 U.S.C.A. § 8102.
4. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) applies if contract is greater than or equal to $100,000:
The Contractor certifies that it has filed the required certification and that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of an agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. The Contractor must disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award.
5. Energy Efficiency / Conservation (42 U.S.C. 6201): The Contractor agrees to comply with the mandatory
standards and policies relating to energy efficiency contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.1251 et seq.),
as amended applies to contracts and subgrants in excess of $150,000. The Contractor agrees to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). The Contractor shall report
any and all violations to the Federal awarding agency and the Regional Office of the EPA, and notify OCPS
concurrently within 30 days of notice of the violation.
7. Debarment and Suspension: The Contractor certifies that it complies fully with the Federal Debarment
Certification regarding debarment suspension, ineligibility and voluntary exclusion. In accordance with 2 CFR
part 180 that implement Executive Orders 12549 and 12689. Furthermore, the Contractor certifies that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department oragency.
8. Equal Employment Opportunity During the performance of this Bid, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
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layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination
clause.
b. The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
c. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This provision shall not apply to instances in
which an employee who has access to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of such other employees or applicants
to individuals who do not otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a Record Retention and access requirements to all
records The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202
of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
e. The Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
f. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of
such rules, regulations, or orders, this Bid may be cancelled, terminated, or suspended in whole or in part and
the Contractor may be declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor will include the provisions of paragraphs A through H in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order
as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
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ITB1911353 Fencing Furnish and Install
SPECIAL CONDITIONS
Award: Award(s) will be made to the lowest, responsive, responsible Contractor(s), meeting the specifications with
consideration being given to the specific quality of the product, conformity to the specifications, and suitability to
OCPS needs, delivery terms, qualifications, and past performance. OCPS reserves the right to make multiple
awards in its best interest.
OCPS reserves the right to reject any or all Bids; and to waive any minor irregularity or technicality. Payment
discounts will not be considered for Bid evaluation purposes, but may be considered in the event of a tie.
2. Secondary Quoting: OCPS reserves the right to obtain quotes from any or all awarded Contractors of this Bid.
OCPS will issue a document outlining the specifics for each project and a Scope of Work for quoting purposes.
3. Price Reduction: If from date of Bid opening the Contractor(s) bids the same products at a lower price than
offered to OCPS or reduces the bid price of the product, the lowest of these reduced prices will be extended to
OCPS. If during the course of the contract, the manufacturer or distributor reduces the price on the awarded
item(s), OCPS reserves the right to receive the lowest price offered on the open market.
4. Price Adjustments: Prices offered shall remain firm through the initial period of this Bid. A request for price
adjustment, with proper documentation justifying the adjustment, may be submitted, in writing, 30 days prior to
the anniversary date of the contract. Price adjustments must have written approval from OCPS Procurement
Services prior to invoicing. Any purchase orders issued by OCPS prior to the approval of the price increase will
not be modified. Any unit price adjustment invoiced without written approval from OCPS shall not be paid and
the invoice returned to the Contractor for correction. Requests for price adjustments shall not exceed the
percentage of change in the Consumer Price Index (CPI) for the previous twelve months. 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. Contractor shall not be entitled to an increase in labor rates due
to the minimum wage increase without providing a request for adjustment at a minimum 30 days' prior to the
effective change.
5. Labor Rate: When required, the labor rate billed by the Contractor to OCPS, shall be inclusive of all labor
expenses including, but not limited to, full compensation for the Contractor's labor, payroll taxes, insurance,
overhead and profit. Billable time will start once the Contractor's personnel arrive at the OCPS site in which the
work is to be performed.
6. Material Markup: If the Contractor is required to provide materials for the service(s), OCPS shall be billed the
actual price the Contractor paid for the items plus the percentage markup awarded. The materials markup shall
not exceed 10%. OCPS reserves the right to furnish materials to the Contractor(s) or purchase materials through
Owner Direct Purchase.
OCPS may require the Contractor to provide an itemized list of all materials used in the performance of this Bid
and reserves the right to audit the Contractor's invoices from the manufacturer for materials used in performance
of this Bid.
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 the Bid allows equivalent products, each the Contractor shall indicate with the Bid submission the manufacturer's
name and model number and complete specifications. OCPS reserves the right to determine acceptance of item(s)
as an approved alternate. Bid submittals that do not comply with these requirements may be subject to rejection. If
the manufacturer's model number for the items specified herein is incorrect, has changed, or is no longer available
and has been replaced with a new updated model and specifications, the Contractor shall notify OCPS
Procurement Services in writing.
Discontinued Items: In the event a product awarded is discontinued by the manufacturer during the term of the
Bid and is not available from either the Contractor's or manufacturer's inventory, then the Contractor must provide
written notification from the manufacturer that the item has been discontinued. The Contractor must submit a written
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request to OCPS Procurement Services and be granted approval to substitute, in writing, 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.
9. Samples: Samples of items, when required, must be furnished at no cost to OCPS and may be returned at the
Contractor's expense. Each individual sample must be labeled with the Contractor's name, manufacturer's brand
name, Bid name, Bid number and line item from the Bid. Failure to deliver required samples or to identify samples
clearly as indicated may be cause for rejection of the Bid submittal.
10. Manufacturer's Certification: OCPS reserves the right to request all manufacturers' certifications at any time
throughout the term of this Bid.
11. Material Safety Data Sheet: A Material Safety Data Sheet (MSDS) must be submitted with the Bid submittal for
all hazardous materials and chemicals or at the request of OCPS. Failure to submit the required MSDS may be
cause for rejection of the bid submittal.
12. Facilities: OCPS reserves the right to inspect the Contractor's facilities at any time with or without prior notice, and
may use the information obtained in determining whether the Contractor is responsible in the performance of this
Bid.
13. Packing List: All products shipped shall require proper packaging to ensure they are received free from damage.
All shipments will include an itemized list of each package contents and reference the OCPS' purchase order
number. No charges will be allowed for cartage or packing unless agreed upon by OCPS prior to shipment.
14. Inspections and Testing. The School Board will have the right to expedite, inspect, and test any of the goods or
services covered under this Bid. All goods or services are subject to the School Board's inspection and approval
upon arrival or completion. If rejected, they will be held for disposal at the Contractor's risk. Such inspection, or the
waiver thereof, however, will not relieve the Contractor from full responsibility for furnishing goods or work
conforming to the requirements of this Bid or the Bid Specifications, and will not prejudice any claim, right, or
privilege the School Board may have because of the use of defective or unsatisfactory goods or work.
15. Stop Work Order: The School Board may at any time by written notice to the Contractor stop all or any part of
the work for this Bid award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize
additional costs during the period of work stoppage. The School Board may subsequently either cancel the stop
work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work
in accordance with the provisions of the Bid terms and conditions.
16. Delivery: The Contractor shall be responsible for delivery of all items in good condition at the delivery location on
each purchase order. Deliveries shall be made during OCPS' normal operating hours. There will be no deliveries
made on Saturdays, Sundays, or holidays unless coordinated with Contractor in advance. It shall be the
responsibility of the Contractor to coordinate the jobsite delivery and placement of materials required for
completion of the project with the assigned OCPS representative. Contractor 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 Contractor and return the product at Contractor's
expense.
17. Freight Terms: Bid prices shall include inside delivery, Free on Board (F.O.B.) destination, freight prepaid and
shall include all cartage, drayage, packing, etc., delivered to and unloaded at the receiving site designated on the
purchase order. Contractor pays and bears all freight related charges, owns goods in transit, and files any claims.
18. Quantities: Any quantities identified in this Bid are estimates only, and in no way obligate OCPS to purchase these
amounts. OCPS reserves the right to re -negotiate prices if, at any time during the term of the agreement, OCPS
purchases more than the estimated quantities in this Bid.
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ITB1911353 Fencing Furnish and Install
19. Warranty: All Products are warranted by the Bidder to be free from defects in materials and workmanship. The
awarded Bidder will promptly replace any product that proves to be defective at no cost to OCPS, or refund
OCPS the purchase price. The Bidder will be responsible for repairing all of its work during the warranty period,
at no cost to OCPS. Bidder agrees to repair and return faulty or defective equipment within thirty (30) days from
receipt of request from OCPS, or provide a temporary replacement. Manufacturers standard warranty shall be
maintained with the application of all materials furnished under this contract. It is the Bidder's responsibility to
perform preventive maintenance pursuant to the manufacturer's standard warranty guidelines during the term of
the warranty. The Bidder shall provide a one (1) year warranty from the manufacturer, which will include all
related products including labor, on all fencing repair and installation work. Warranties for new work shall be for
a total of one (1) year, unless a different duration is noted by OCPS. In addition to all other warranties, the Bidder
shall be responsible for faulty labor or workmanship and shall promptly correct improper work, without cost to
OCPS, within 24 hours after receipt of notification of such faulty labor or workmanship. If the Bidder fails to
correct defects within 24 hours, OCPS shall be entitled to have such work remedied by an authorized and
certified installer, and the Fencing Contractor shall be fully liable for all costs and expenses incurred by OCPS
to remediate the defect(s). Payments in full or otherwise do not constitute a waiver of this warranty. The Fencing
Contractor shall reimburse OCPS for any losses or damages to OCPS and or personal property as a result of
water or other damages due to faulty workmanship and or materials. The Fencing Contractor shall provide ready
availability of parts and service to maintain all items when requested. Fencing Contractor must provide service
within the OCPS during the warranty period. If the repairs cannot be made at the school or location, where the
item is located, the Fencing Contractor must pick-up the item, repair the item and return the item to the location
where it is being used.
The warranty period(s) will commence on the date of the acceptance by OCPS. The Fencing Contractor shall
provide two (2) copies of documentation of all warranty coverage associated with work performed against this
Contract, including all manufacturers' warranties. This documentation shall be provided as a contract deliverable
item on each Work Authorization or Purchase Order. At a minimum, this documentation shall include:
• Manufacturer and purchasing information, all documentation provided by the manufacturer, including
preventive maintenance warranty requirements;
• Building physical addresses fencing work was completed on
• Number of operating units;
• Fencing Warranty start and expiration dates;
• Specific warranty coverage detail;
• Building ID Numbers and specific location on which warranted work was completed on items
installed;
• Points of contact for Warranty work, with address and fax/telephone number.
20. Bid and Performance Bonds: Bid bonds, when required, shall be submitted with the Bid submittal in the amount
specified. Bid bonds will be returned to un-awarded the Contractors. After acceptance of a Bid submittal, OCPS
may notify the Contractor to submit a performance bond. Upon receipt of the performance bond, the bid bond
will be returned to the Contractor.
21 Protection of Persons and Property: Precautions will be exercised at all times for the protection of persons
and property. Barricades will be provided by the Contractor at its expense when work is performed in areas
traversed by persons or vehicles. The Contractor shall conform to any safety requirements deemed necessary
by The Occupational Safety and Health Administration (OSHA) requirements and by OCPS Representative to
insure that safety of all students, staff, and community members. Contractor shall at all times guard from damage
or loss to property of OCPS and shall replace or repair any loss or damage unless such is caused by OCPS,
other vendors. 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 the Contractor or its agents.
22. Removal of Debris: The Contractor shall be responsible for the prompt removal of all debris from the worksite,
which is a result of its activities. Contractor shall not use the trash receptacles located on OCPS property. Any
debris left at the worksite must be removed within 24 hours' notice from OCPS. Contractor assumes all liability
for accidents that may occur due to any debris, equipment, tools, and worksite hazards.
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23. Site Access: To the extent services awarded under this Bid require the Contractor to be provided keys or
security access badges by the district, if these items are lost, the Contractor will be responsible for the entire
cost of replacement keys and the cost to rekey the site. For security purposes, the Contractor shall report the
lost or stolen key to OCPS Asset Protection immediately, so that OCPS may take steps to secure the location.
24. Building Code Compliance Office (BCCO) Training: To the extent services provided hereunder relate to
construction, upon issuance of Construction Notice to Proceed, the Contractor will be required to attend the first
available training session provided by the OCPS BCCO at no cost and is obligated to ensure that representatives
from each of the various trades who are involved in the inspection process attend the training session.
25. Permitting: The Contractor is required to obtain a permit for all OCPS projects from the Building Code
Compliance Office. The permits are provided at no charge to the Contractor. The Permit application must be
applied for within 48 hours of receipt of Purchase Order. It is the Contractor's responsibility to provide all required
documents and information for obtaining their permit. A delay in the issuance of a permit, caused by the
Contractor, will not allow for the extension of a project's required completion deadline. The Contractor is
responsible for monitoring their permit and requesting and completing all inspections in a timely manner. The
Contractor must request their Certificate of Construction Completion once a project has been successfully
completed with all inspections. The Certificate of Construction Completion must be provided with the invoice.
26. Completion: Upon completion of each job, the Contractor shall submit the following information, as applicable:
• Final invoice with documentation
• The Contract Completion Form
• Acceptance from the BCCO
• Delivery tickets
• Warranty information
• Reports
• As Built Drawings
• Certified payroll, upon request
• Any other documents as requested by OCPS
27. Emergency Work Requests: Emergencies are defined as structure, equipment, material or service failure, on
any OCPS property, or as determined by the OCPS representative. Emergency Work could be requested at any
time. Upon notification of an Emergency Work Request, the Contractor shall respond within thirty (30) minutes,
via phone call or email, to the OSPS representative. The Contractor shall have a technician on -site within one
(1) hour, after initial notification, to review the scope of work with the OCPS representative and provide an
estimate for the work. The Contractor shall mobilize the required personnel, and proceed with the work without
delay. OCPS Purchase Order must be provided to the Contractor before work proceeds.
28. Routine Calls: Routine calls shall be handled during the hours of 7:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays. The Contractor shall provide an on -site response to routine service requests within twenty-
four (24) hours of the request and shall respond to OCPS representative inquiries within twenty-four (24) hours
of the initial contact.
29. Bid/Quote Preparation Cost: OCPS will not pay for any cost associated with the preparation, submittal,
presentation, and evaluation of this bid, or future quote requests that are a result thereof.
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INSURANCE REQUIREMENTS
At its sole expense, the Contractor shall maintain the following insurance during the term of this Bid and such
insurance will apply to the Contractor, its employees, agents, and subcontractors.
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, from its premises,
operations, and products, in an amount not less than One Million Dollars ($1,000,000) each occurrence and Two
Million Dollars ($2,000,000) aggregate. This policy must be endorsed or include The School Board of Orange
County, Florida, its board members, employees, and representatives as additional insured using language
equivalent to ISO CG2026.
2. Automobile Liability insurance, including all owned, non -owned, and hired vehicles when used in conjunction with
providing Services outlined in this Bid, for property damage and bodily injury, including death, in an amount not
less than One Million Dollars ($1,000,000) each accident. This policy must include The School Board of Orange
County, Florida, its board members, employees, and representatives as additional insured.
3. 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 Contractor's employees who
will be engaged in the performance of the services in this Agreement.
4. Insurance Expectations: The Contractor agrees to the following as it relates to its obligations and the insurance
requirements herein this Bid:
4.1 Insurance Verification: It is a requirement of all Contractors to prove their capacity to provide the required
insurance as set forth in this Bid. Contractors are required to provide in its response to this Bid a Certificate
of Liability Insurance (Acord 25) matching the specified requirements, which must specify any deductible or
retention applicable to the above required insurance. If awarded, the Contractor will then be required to name
The School Board of Orange County, Florida as an additional insured as outlined herein and provide a revised
Certificate of Liability Insurance at the time of award.
4.2 The Contractor agrees that no services shall begin until proof of insurance is received by OCPS. Receipt of
proof of insurance shall not be construed as an approval of the Contractor's insurance or a release or waiver
of the Contractor's obligation to maintain the required insurance in this Bid. Upon reasonable request, the
Contractor agrees to provide OCPS a copy of its insurance policies, forms and endorsements in its entirety.
4.3 All insurance shall be written with an insurance company licensed to issue insurance in the State of Florida
and shall maintain an A.M. Best financial strength rating of A (VI) or higher.
4.4 All insurance shall be primary and not contributory to any other insurance carried by The School Board of
Orange County, Florida. This shall also apply to any self-insurance maintained by the School Board of Orange
County, Florida.
4.5 The Contractor shall notify OCPS' Risk Management Department within thirty (30) days of any material
changes or notice of cancellation the Contractor receives from its insurer on above required insurance.
4.6 To the extent permitted by law, the Contractor's insurance shall contain an endorsement or language waiving
any rights to recover from OCPS or its insurance. To the extent that waiver does not respond (whether failure
to comply is the Contractor, its agent, or carrier error), the Contractor shall be liable for the costs and expenses
incurred by OCPS had such waiver applied.
4.7 Any required insurance that the Contractor self -insures or carries retentions in excess of Ten Thousand Dollars
($10,000) shall be pre -approved by OCPS's Risk Management Department and referenced in an addendum
to this Bid. To the extent any required insurance carries a deductible or self -insured retention (whether with
or without OCPS approval), The Contractor shall be responsible for paying claims and expenses within the
deductible or self -insured retention on behalf of OCPS (as an additional insured) or reimburse OCPS, when
such above required insurance would respond had no deductible or retention been in place.
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SPECIFICATIONS / SCOPE OF WORK
1. Scope: The purpose of this Invitation to Bid (ITB), is to establish a contract(s) for Fencing Installation and Repair
Services, as listed and described on the bid price sheet and in the body of this ITB, for The School Board of Orange
County, Florida, on an as needed basis.
2. Contractor's Experience: The Contractor should have 3 years work experience in fencing installation service,
with commercial accounts. Contractor shall complete Exhibit F enclosed, that the district may use to evaluate the
Contractors capabilities to perform the work stated herein. The questionnaire shall contain sufficient and specific
information, which directly responds to the request.
3. Licenses & Certifications: The Fencing Contractor(s) shall be fully licensed to perform Fencing Work in Orange
County, Florida. The licenses must be valid at the time of the bid opening, and throughout the term of any contract.
A copy must be provided with the bid submission.
4. Service Requirements:
4.1 It is the Contractor's responsibility to ensure that all employees are of legal age and allowed to work in the
United States in accordance with Immigration and Homeland Security Policies. OCPS issued JLA Badges,
must be visibly worn at all time, by all personnel/employees, while on OCPS property. The cost of the required
screening and JLA Badges, is at the expense of the Contractor.
4.2 During school hours, all personnel/employees must sign in and out (upon arrival & departure) at the main office
of the school or facility. If the office is closed, then sign -in must occur as soon as the office opens. Company
uniform must be worn while performing services on OCPS grounds.
4.3 All fencing system installation, replacement and repairs shall be performed in accordance with all applicable
codes, ASTM F 567 Standard Practices for Installation of Chain Link Fence, individual manufacturer's
installation recommendations, applicable standards and specification of OCPS, and the OCPS "Fencing
Design Guidelines", provided in this Bid as Attachment No. 1 - DG 32 31 13, consisting of eight (8) pages.
4.4 Inspections for compliance will be conducted by OCPS, Office of Building Code Compliance Inspectors and/or
any other Compliance Inspectors designated by OCPS.
4.5 The Contractor shall be certified as qualified to install and repair fencing systems by the fencing manufacturers.
An Authorization Letter from each fencing system manufacturer may be required by OCPS and must be
submitted within 24 hours of request. If the Contractor is not certified to install a specific manufacturer's
product, the Contractor may submit a "No Bid", in order to respond to a Secondary Quote Request.
4.6 OCPS reserves the right on a project by project basis, to provide fencing materials. Such projects may be labor
only or, labor and additional materials. OCPS may negotiate with the Contractor any cost adjustments for
furnished materials, prior to the start of the project.
4.7 The Contractor shall have sufficient number of personnel, materials, tools, equipment and transportation to
ensure that all OCPS work requests are handled in a timely manner, according to the job completion schedule.
If the Contractor is unable to perform the work in a timely manner, per the agreed job schedule, OCPS shall
have the right to rescind the Purchase Order, and assign the work to another Contractor.
4.8 If the Contractor for any reason fails to remain a Contractor for OCPS, then all records pertaining to OCPS
fencing, scheduling, paperwork, warranty information and technical data shall be surrendered to OCPS within
10 business days of request.
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5. Work Issuance: Any awarded Contractors will be available for selection by OCPS on projects with an estimated
value less than $5,000. Projects with an estimated value greater than $5,000, may be solicited with a secondary
Request for Quote (RFQ), among the awarded Contractors. For projects estimated over $300,000, bonding may
be required. All Contractors responding to a secondary RFQ must be able to furnish the requested bonds, in the
amount specified, at the time of their RFQ submission. The Contractor must be able to obtain bid, payment and
performance bonds from a surety company licensed in Florida, in the minimum amounts of "$300,000." The
Contractor must furnish proof of bonding capacity, with a current letter from the Contractor's bonding agent,
within three (3) days of request from OCPS.
6. Work Estimated Less Than $5,000: The selected Contractor must submit a time and materials, "Not to Exceed"
quote, according to the Scope of Work provided. The "Not to Exceed" quote must show a complete cost breakdown
of all estimated labor and materials, associated with the timely completion of the requested work. The itemized
quote shall be in accordance to the Contractor's original line item Cost Sheet submitted in VendorLink, with this
solicitation. Any material, subcontracting, or rental equipment must be itemized separately, with each showing the
actual cost, the allowable percentage markup and the gross amount. All items are subject to the approval of OCPS.
6.1 The cost of Contractor owned, specialized equipment may be allowed. This specialized equipment is
equipment that is not used in the regular course of fence installation. Indicate on the Contractor Owned
Equipment List, Exhibit G, the type of special equipment owned, including the hourly and daily rates, for the
use of this equipment. The rate requested shall include the cost of the equipment operator. Approval from
the OCPS Facilities Representative is required prior to the use of this equipment.
6.2 If the Contractor is able to provide stock, inventoried, or previously unused materials, that could provide a
cost savings for an OCPS job, reasonable compensation may be negotiated during the quote process.
6.3 Invoices submitted for work under $5,000 shall be itemized as quoted, and shall not exceed the Purchase Order
amount. Payroll records, actual invoices from suppliers and detailed breakdown from subcontractors may be
requested by OCPS at any time.
7. RFQ Requirements, Work Estimated Greater Than $5,000: For secondary quote requests, an RFQ shall be
prepared by OCPS and issued to the awarded Contractors. The RFQ will provide a job description, scope of work,
the project schedule requirements, and any other documentation needed for the work. Site visits may be requested
with a minimum of 24 hour notice. Submission of quotes may be due within 24 hours after the site visit, or as
indicated on the RFQ documents.
7.1 On work estimated to be greater than $5,000, a secondary RFQ will be issued. The Contractor must submit
a "Lump Sum" bid amount that is inclusive of any and all costs associated with the satisfactorily completion
of the scope of work, within the scheduled time frame.
7.2 The Contractor's RFQ submission shall include costs for the location of any utilities. The Contractor is
responsible to notify the utility companies when trenching or working near any utility lines, such as cable
service, water and sewer service, telephone service, gas and power lines. The Contractor is responsible for
any and all clearing or cleaning of installation site.
7.3 If the Contractor hits or damages any utility lines, they must notify the OCPS Representative and the
Maintenance main office within fifteen (15) minutes. If a gas line is hit, Emergency Services, the affected utility
company, and the OCPS Representative, must be notified immediately. The Contractor will be fully
responsible for any damages, caused by the Contractor, to utility lines.
7.4 OCPS reserves the right to require backup documentation of the RFQ submission amount, such as the
estimated material list, labor, equipment rental, and subcontracting, to complete the job.
7.5 If during the course of work, the Contractor encounters unforeseen conditions which impact the cost of the
work and which could not initially be evaluated, the Contractor shall not proceed without written authorization
in the form of a change order or a change to the Purchase Order
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7.6 The Contractor shall be responsible for notifying OCPS in writing of any conditions detrimental to proper and
timely completion of work, including the presence of Polychlorinated Biphenyls (PCB'S) and Asbestos. The
Contractor shall not proceed with work until unsatisfactory conditions have been corrected in a manner
acceptable to the Contractor and OCPS.
8. Types of Work: A sample list of the types of services and materials commonly used by OCPS, is attached with
this document and identified as Attachment No. 2 - Sample — Type of Work, consisting of three (3) pages.
9. Bid Pricing: The following items will listed within Vendorlink for this solicitation. The item numbers shown will
correspond with the item numbers posted within Vendorlink. Bid Prices must be submitted on the electronic bid
form within VendorLink.
9.1 Billable Hourly Rate: The Contractor's Billable Rate is the Contractor's labor rate including all labor expenses,
such as, full compensation for the Contractor's labor, payroll taxes, insurance, overhead and profit.
Billable Hourly Rates will be requested as such:
Standard Hours
1. General Labor
2. Skilled Labor
3. Supervisor/Lead Installer
Non -Standard Hours*
4. General Labor
5. Skilled Labor
6. Supervisor/Lead Installer
*Any Non -Standard Hours must be approved by OCPS, prior to the start of any work.
Billable time will start once the Contractor's personnel arrive at the OCPS site, in which the work is to
be performed. OCPS will only pay fair market cost for labor.
9.2 Materials, Sub -contractors and Rental equipment:
Rates for these items shall be requested as such:
7. Materials, Sub -contractors and Rental equipment, shall be at Contractor's actual cost, plus
percentage mark-up. (Percentage mark-up shall not exceed 10%).
9.3 Core Drilling: Price includes the cost of all tools, supplies, accessories and equipment, associated core
drilling per hole.
Rates for these items shall be requested as such:
8. Core Drilling for 2-1/2" Post
9. Core Drilling for 3° Post
10. Core Drilling for 4" Post
11. Core Drilling for 6-5/8" Post
12. Core Drilling for 8-5/8" Post
Page 22 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
ITB1911353 Fencing Furnish and Install
OFFICE OF BUSINESS OPPORTUNITY PARTICIPATION GUIDELINES
OCPS is committed to increasing the number of qualified minority, women, and veteran owed Contractors who wish
to provide products and services to the District.
For information regarding the District's MWBE, LDB, or VBE programs and/or for LDB certification, contact The Office
of Business Opportunity at (407) 317- 3739 or visit http://www.obo.ocps.net.
OCPS has established the following goals for participation:
• Minority or Women -Owned Business Enterprises (MWBE) - 12%
• Local Developing Businesses (LDB) - 10%
• Veteran Business Enterprises (VBE) - 3%
Minority or Women -Owned Business Enterprises Participation may be provided through the following elements:
• Business with MWBE and/or LDB and/or VBE ownership: The amount of participation for this element where
the company is certified by agencies accepted by the OCPS as indicated below, the total amount of the order
shall be used as the amount of participation.
MWBE Contractors must submit valid proof of certification with the Bid response from one of the following entities:
• City of Orlando
• Orange County Government
• State of Florida
• The National/Florida Minority Supplier Development Council (NMSDC/FMSDC)
• The Women Business Enterprise National Council (WBENC)
Each LDB Contractor must submit a valid LDB letter of certification issued by one of the following entities:
• The Greater Orlando Aviation Authority
• Orange County Public Schools LDB Certificate
Each VBE firm shall submit a valid VBE certification issued by one of the following entities:
• The State of Florida
• The United States Department of Veterans Affairs through the Center of Verification and Evaluation
(CVE)
Sub -contractor participation: Purchase of products and/or service obtained from minority/women distributors or
manufacturers. The amount of participation for this element shall 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. Firms not committing to sub -contracting should so indicate on the form.
CERTIFICATE OF MINORITY/WOMEN PARTICIPATION
Responsibility for determining the status of MWBE, LDB, and VBE participation by Contractor shall be with the
OCPS Office of Business Opportunity. After Bid responses have been evaluated, the Office of Business
Opportunity will review the submitted documents to determine whether the Contractor has complied with the
participation goals contemplated herein.
The Contractor must demonstrate to the satisfaction of the OCPS Office of Business Opportunity prior to the
award of the Bid, and throughout the term of the Bid, that the Contractor is complying with the goals for MWBE,
LDB, and VBE participation.
If at any time, before or after the award of the Bid, the Contractor determines that they will be unable to comply,
the Contractor may request an evaluation of Good Faith by the OCPS Office of Business Opportunity. The Office
of Business Opportunity will make an analysis to verify that the Contractor has made diligent, good faith efforts
to meet the goals for MWBE, LDB, and VBE participation, but due to circumstances beyond its control, it is not
possible for the Contractor to comply.
Page 23 of 32
DocuSign Envelope ID: C2FF1 CE7-1489-4406-99AD-CD9E5AA1 94D4
Exhibit A
ITB1911353 Fencing Furnish and Install
Office of Business Opportunity MWBE/LDBNBE Subcontractor Participation Form
OCPS has established annual participation goals for the procurement of goods and non-professional services
with Minority -Owned & Women -Owned Business Enterprises (MWBEs), Local Developing Businesses (LDBs)
and Veterans Business Enterprise (VBEs). For the purpose of calculating the MWBE, LDB, and VBE participation
percentages, only those dollars awarded to certified MWBE, LDB, and VBE Contractors will be utilized. Monies
contracted or subcontracted to MWBE, LDB, and VBE Contractors are included in the calculation. As a result,
Contractors are asked to include certified MWBE, LDB and VBE subcontractor participation information below.
If the Contractor has questions regarding a subcontractor's certification, they may contact the OCPS Office of
Business Opportunity at (407) 317-3739_
Overall percent of MWBE Subcontractor Participation expected:
Overall percent of LDB Subcontractor Participation expected:
Overall percent of VBE Subcontractor Participation expected:
Please complete the following table by indicating the name of the subcontractor, whether or not they are an MWBE
and/or LDB and/or VBE, the type of work or material to be supplied by the subcontractor, anticipated dollar value,
and the anticipated percent of the contract value.
The Contractor agrees to supply all subcontractor payment information to OCPS Office of Business Opportunity.
The due date and report format will be established upon award of the Bid.
All -Rite Fence Services. Inc.
Contractor Name
David Glidewell,_President
Name and Title of Authorized Representative
Signature
06/01 /2020
Date
Page 24 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
Exhibit B
ITB1911353 Fencing Furnish and Install
DRUG -FREE WORKPLACE CERTIFICATION FORM
In accordance with 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
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 Contractors 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 Contractor complies fully with the above
requirements.
All -Rite Fence Services, Inc.
Contractor Name
David Glidewell. President
Name and Title of Authorized Representative
6001, 06/01 /2020
Signature Date
Page 25 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9EMA194D4
Exhibit C
ITB1911353 Fencing Furnish and Install
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER TIER COVERED TRANSACTIONS
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 Resister (pages 4722-
4733).
BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON THE PREVIOUS PAGE
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
All -Rite Fence Services, Inc.
Contractor Name
David Glidewell President
Name and Title of Authorized Representative
06/01 /2020
ASignoou Date
Page 27 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
Exhibit D
ITB1911353 Fencing Furnish and Install
CONTRACTOR'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS
Name of contractor: All -Rite Fence Services, Inc.
Identify state in which Contractor has its principal place of business:, Florida
If your principal place of business is the state of Florida, you do not need to proceed any further on this form.
If outside of Florida, identify political subdivision (county or municipality) in which Contractor has its principal place of
business:
NOTE: Section 287.084(2), F.S. states that "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."
LEGAL OPINION REGARDING STATE BIDDING PREFERENCES
(To be completed by the Attorney for an Out of State Contractor, please select one)
❑ Contractor's principal place of business is in the State of and it is my legal opinion that the laws
of that state do not a rant a preference in the letting of any or all public contracts to business entities whose principal
places of business are in that state.
❑ Contractor'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(g) 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 BIDDING PREFERENCES
(To be completed by the Attorney for an Out of State Contractor, please select one)
❑ Contractor'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 areference in the letting of any or all public contracts
to business entities whose principal places of business are in that state.
❑ Contractor'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 nrefererwmis) 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 Contractor's attorney:
Printed name of out of state Contractor's attorney:
Address of out of state Contractor's attorney:
Telephone number of out of state Contractors attorney:
Email of out of state Contractor's attorney:
Attorney's state(s) of bar admission:
Page 28 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
Exhibit E
ITB1911353 Fencing Furnish and Install
BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION
(To be submitted with each bid or offer exceeding $100,000)
The undersigned company certifies to the best of his or her knowledge that:
No Federal appropriated funds have been paid orwill be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by 31, U.S.C. § 1352 (as amended bythe Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The undersigned company certifies or affirms the truthfulness and accuracy of each statement of its certification
and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et
seq., apply to this certification and disclosure, if any.
All -Rite Fence Services, Inc.
Contractor Name
David Glidewell President
Name and Title of Authorized Representative
06/01 /2020
Signature Date
Page 29 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
Exhibit F
ITB1911353 Fencing Furnish and Install
FENCING CONTRACTOR WORK EXPERIENCE REQUIREMENTS
The Contractor shall hold an Occupational License issued by the State Florida or authorized municipality and any
required license to perform Fencing Services within Orange County, Florida_ This license must be valid at the time of
the bid opening and remain valid continuously throughout the term of any contract with OOPS. A Iggible copy must be
^rovided with Bid.
Within the past three (3) years, the Contractor must have successfully completed a minimum of five (5) commercial
fencing projects, where the contract amount was greater than $25,000.00. This work must have been completed by
the same contracting entity as listed on the cover page of this ITB; Contractor Acknowledgement Form. "Successfully
completed" for these purposes shall mean that the project was completed within the time limits required by the Owner
and did not result in any arbitration or litigation involving the Fencing Contractor. OCPS may contact the contracting
parties identified herein to confirm successful completion of a project.
Project 1 Name: Insight/GSA Renovation
Address: 480 S. Keller Avenue, Orlando, FL 32810
Contact: Sean Daniels
Date Completed;_ 04/20/2020
Phone: 321-984-5000
Contracting Agency: Certified General Contractors, Inc. Contract Amount: S425,015.00
Project 2 Name: KPMG Date Completed:11/20/2019
Address: 9313 Lake Nona Blvd., Orlando, FL 32827
Contact: Steve Boyer
Contracting Agency: DPR Construction
Phone: 407-352-2233
Contract Amount: $2461955.00
Project 3 Name: Bellalaao Academ Date Completed: 01/28/2020
Address: 3651 Pleasant Hill Road, Kissimmee, FL 34746
Contact: David Smith Phone: 407-518-2964
Contracting Agency: Osceola County School District Contract Amount: $63,970.00
Page 30 of 32
DocuSign Envelope ID: C2FFiCE7-1489-4406-99AD-CD9E5AA194D4
ITB1911353 Fencing Furnish and Install
Project 4 Name: Vi netti Park Date Completed:. 10/19/2019
Address:.1910 Adair Street Ocoee FL 34761
Contact: Dan Abdo
Contracting Agency: City of Ocooe Parks
Phone: 407-877-5803
Contract Amount: 52,684.80.
Project 5 Name: Deerwood ES Comprehensive Project Date Completed: 11/20/2019
Address: 1356 S Econlockhatchee Trail, Orlando, FL 32825
Contact: Freddy Torres
Contracting Agency: Pirtle Construction Company
Phone: • , • 0. S
Contract Amount: 102.`364.25 .
Page 31 of 32
DocuSign Envelope ID: C2FF1 CE7-1489-4406-99AD-CD9E5AA1 94D4
ITB1911353 Fencing Furnish and Install
EXHIBIT G
COMPANY OWNED, SPECIALIZED EQUIPMENT.
THIS SPECIALIZED EQUIPMENT, IS EQUIPMENT THAT IS NOT USED IN THE REGULAR COURSE OF FENCE INSTALLATION. THE
RATE REQUESTED SHALL INCLUDE THE COST OF THE EQUIPMENT OPERATOR. APPROVAL FROM THE OCPS FACILITIES
REPRESENTATIVE IS REQUIRED PRIOR TO THE USE OF THIS EQUIPMENT.
ITEM DESCRIPTION HOURLY DAILY
RATE RATE
1
Skid Steer and attachments
N/A
$875.00
2
Scissor Lift
NIA
$435.00
3
Boom Lift
Welder
N/A
$825.00
4
N/A
$250.00
5
6
7
8
9
10
Page 32 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
Tax Collector Scott Randolph Local Business Tax Receipt
2019
1815 CONTR-FENCING
TOTAL TAX $60.00
PREVIOUSLY PAID $60.00
TOTAL DUE $0.00
5115 OLD WINTER GARDEN RD
U - ORLANDO, 32811
EXPIRES 9/30/2020
$30.00 1 EMPLOYEE : 3501 TRAD TANG -FENCING
PAID: $60.00 0099-00885564 7/1212019
GLIDEWELL DAVID PRESIDENT
ALL RITE FENCE SERVICES INC
5115 OLD WINTER GARDEN RD
ORLANDO FL 32811-1637
Orange County, Florida
1815-1027151
$30.00 1 EMPLOYEE
Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida
This local Bu*fts Tax Receipt Is in adAm to and not In Neu of any other taz rsWbW by law or mjnl*W ordinance. Suairmm are subloct�trepuc��iation Of�n9, tmhh and other
laru authoritles. This recelpt la valld from October 1 through Ssptambw 30 cf reoaipt yaec Wnqumt PAY Obbsa
2019 EXPIRES 9130/2020 1815-1027151
1815 CONTR-FENCING $30.00 1 EMPLOYEE 3501 TRAD TANG -FENCING $30.00 1 EMPLOYEE
TOTAL. TAX $60.00
PREVIOUSLY PAID $60.00
TOTAL DUE $0.00
5115 OLD WINTER GARDEN RD
U - ORLANDO. 32811
PAID $60.00 0099-00885564 711212019
• 00 �.
GLIDEWELL DAVID PRESIDENT
ALL RITE FENCE SERVICES INC
6115 OLD WINTER GARDEN RD
ORLANDO FL 32811-1637
This receipt is official when validated by the Tax Collector.
Orange County Code requires this local Business Tax Recelpt to be displayed 00118111cuOusly at the place 0f
business In pubic view. It Is subject to Inspection by all duy authorized officers of the County.
octaxcol.com 1 [' 0Gbxc01
DocuSign Envelope ID: C2FF10E7-14B9-440699AD-CD9E5AA194D4
ORANGE COUNTY PUBLIC SCHOOLS
N Procurement Services
rei N
Info Sheet
ITB1911353 Fencing, Furnish and Install
P Group: 205
Product Category: 72154013
Vendor #
Contractor
Phone
Contact
Email:
134358
All -Rite Fence Services, Inc.
407-295-7093
David Glidewell
all-rite@allritefence.com
1019040
CHAPCO FENCE, LLC
407-892-6447
Tabitha Mills
Jason Junnila
CHAPCOFENCE@AOL.COM
134366r-
KMG Fence, LLC
407-654-7600
Karen Grimsley
kmg@kmsfence.com
Projects Less Than $5,000: End User may select any awarded Contractor. The Contractor must submit a time and materials, "Not to
Exceed" quote, according to the Scope of Work provided. The "Not to Exceed" quote must show a complete cost breakdown of all
estimated labor and materials, associated with the timely completion of the requested work. The itemized quote shall be in
accordance to the Contractor's original line item Cost Sheet. Any material, subcontracting, or rental equipment must be itemized
separately, with each showing the actual cost, the allowable percentage markup and the gross amount. All items are subject to the
approval of OCPS.
All nroiects Greater Than $5,000: Will be quoted by all Contractors; a secondary RFQ will be issued. The Contractor must submit a
"Lump Sum" bid amount that is inclusive of any and all costs associated with the satisfactorily completion of the scope of work,
within the scheduled time frame.
Item
#
Description
UOM
All -Rite Fence
Services Inc
Chapco Fence
LLC
KMG Fence LLC
1
Standard Hours - General Labor
1 Hr
$40.00
$25.00
$26.00
2
Standard Hours - Skilled Labor
1 Hr
$50.00
$45.00
$32.00
3
Standard Hours - Supervisor/Lead Installer
1 Hr
$60.00
$45.00
$36.00
4
*Non -Standard Hours: General Labor
1 Hr
$60.00
$25.00
$31.00
5
*Non -Standard Hours: Skilled Labor
1 Hr
$75.00
$45.00
$37.00
6
*Non -Standard Hours: Supervisor/Lead Installer
1 Hr
$90.00
$45.00
$43.00
* Non -Standard Hours must be authorized by OCPS Representative prior to start of work.
7
Materials, Sub -contractors and Rental equipment, shall be at
Contractor's actual cost, plus percentage mark-up.
(Percentage mark-up shall not exceed 10%).
$1.00
10.00%
10.00%
10.00%
Core Drilline - Price includes the cost of all tools, supplies, accessories and equipment, associated with core drilling, per hole.
8
Description: Core Drilling for 2-1/2" Post
1 Ea
$40.00
$25.00
$50.00
9
Description: Core Drilling for 3" Post
1 Ea
$40.00
$25.00
$50.00
10
Description: Core Drilling for 4"[Post
1 Ea
$40.00
$25.00
$50.00
11
Description: Core Drilling for 6-5/8" Post
1 Ea
$80.00
$25.00
$75.00
12
Description: Core Drilling for 8-5/8" Post
1 Ea
$100.00
$25.00
$75.00
Company Owened Equipment for each Contractor is attached below. The rate includes the cost of the equipment operator.
Approval from the OCPS Facilities Representative is required prior to the use of this equipment.
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
All -Rite Fence Services, Inc. ITB1911353 Fencing Furnish and Install
EXHIBIT Co
COMPANY OWNED, SPECIALIZED EQUIPMENT.
THIS SPECIALIZED EQUIPMENT, IS EQUIPMENT THAT IS NOT USED IN THE REGULAR COURSE OF FENCE INSTALLATION. THE
RATE REQUESTED SHALL INCLUDE THE COST OF THE EQUIPMENT OPERATOR. APPROVAL FROM THE OCPS FACILITIES
REPRESENTATIVE IS REQUIRED PRIOR TO THE USE OF THIS EQUIPMENT.
ITEM DESCRIPTION HOURLY DAILY
IRATE RATE
I Skid Steer and attachments NIA _$875.00
2
Scissor Lift _
NIA
_ $435.00 .
Boom Lift:
_— NIA
_ $825.00
Welder
NIA
$250.00
6
7
—�
S
F_�90_1
Page 32 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
Chapco Fence, LLC ITB1911353 Fencing Fumish and Install
- ...--- -- ExHiBIT G — --- -- —
COMPANY OWNED, SPECIALIZED EQUIPMENT.
THIS SPECUUJZED EQUIPMENT, IS EQUIPMENT THAT IS NOT USED IN THE REGULAR COURSE OF FENCE INSTALLATION. THE
RATE REQUESTED SHALL INCLUDE THE COST OF THE EQUIPMENT OPERATOR. APPROVAL FROM THE OCPS FACILITIES
REPRESENTATIVE IS REQUIRED PRIOR TO THE USE OF THIS EQUIPMENT.
ITEM DESCRIPTION FHOURLY DAILY
RATE RATE
ds ±(�?5 11l�3
Page 32 of 32
DocuSign Envelope ID: C2FF10E7-1489-4406-99AD-CD9E5AA194D4
KMG Fence, LLC
ITB1911353 Fencing Furnish and Install
EXH181T G j
COMPANY OWNED, SPECIALIZED EQUIPMENT.
THIS SPECIALIZED EQUIPMENT, IS EQUIPMENT THAT IS NOT USED IN THE REGULAR COURSE OF FENCE INSTALLATION. THE
RATE REQUESTED SHALL INCLUDE THE COST OF THE EQUIPMENT OPERATOR. APPROVAL FROM THE OCPS FACILITIES
REPRESENTATIVE IS REQUIRED PRIOR TO THE USE OF THIS EQUIPMENT.
ITEM
DESCRIPTION HOURLY DAILY
RATE RATE
r - • 50
4
5
6
7
8
9
10
o0
00
00
Page 32 of 32
DocuSign Envelope ID: C2FFiCE7-1489-4406-99AD-CD9E5AA194D4
CONTRACT APPROVAL FORM
TO: SUSAN DAUDERIS, INTERIM CITY MANAGER
THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR �5
FROM: JINELLE LUGO, PROCUREMENT COORDINATOR E
SUBJECT: FENCING FURNISH AND INSTALL
DATE: JUNE 25, 2021
THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE
FOLLOWING:
1. APPROVE: Agreement between the City of Clermont and All -Rite Fence Services, Inc to
provide fencing installation services. The agreement shall take effect on the date of
execution by both parties and shall remain in effect for two (2) years, unless renewed or
terminated as provided by the Orange County Public Schools contractual agreement.
Upon mutual agreement, the agreement may be renewed for two (2) additional one (1)
year terms.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the
Procurement Services Department sought a contract with Orange County Public Schools
for Fencing Furnish and Installation Services, contract number ITB1911353. The
estimated annual expenditure is $40,000. The Procurement Services Department issued
RFI 2106-003 to notify local vendors of the City's intent to utilize other governmental
entities' contract. At the completion of the RFI the Procurement Services Department
received no interest. The Orange County Public Schools contract was fully competed,
advertised, and complies with the City of Clermont Purchasing Policy.
4. FISCAL IMPACT: The estimated fiscal impact of $40,000 will be determined on a project
by project basis and funded by the respective department.
5. EXHIBITS: Orange County Public Schools Bid Tabulation
Fencing Furnish and Installation Agreement
,,— DocuSigned by:
SbXSMA, �AIA�t,YtS
Signature
APPROVAL AUTHORITY
Approved ® Disapproved ❑
Reason/Suggestion (If disapproved)
interim City Manager 6/29/2021
Title
Date