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Contract 2018-93 AGREEMENT FOR INFRASTRUCTURE WIRE AND EQUIPMENT THIS AGREEMENT, is made and entered into this ' /� day of DP.Cj_41y4i 2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont, Florida, (hereinafter referred to as "CITY"), and QUALITY CABLE CONTRACTORS, INC., whose address is: 207 N. Goldenrod Rd Ste. 600., Orlando, Florida 32807 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the Orange County Public Schools through the public procurement process awarded an Agreement for infrastructure wiring and equipment services, Orange County Public Schools contract number ITB 1804070; WHEREAS, CITY desires to utilize the above-referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Orange County Public Schools contract number ITB 1804070; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I— SCOPE OF WORK The CONTRACTOR shall furnish infrastructure wiring and equipment services, as described in the Orange County Public Schools contract number ITB 1804070, which is attached hereto and incorporated herein as Exhibit"A"and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications,which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II—THE CONTRACT SUM CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B', attached hereto and incorporated herein. ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties,and shall remain in effect until October 08, 2021, unless terminated or renewed as provided by the Orange County Public Schools. 1 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3. Upon mutual Agreement of the parties,this Agreement may be renewed for two (2) additional one(1) year terms. ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide infrastructure wiring and equipment services forth in the applicable purchase order or notice to proceed. ARTICLE V—PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for services provided and accepted by the CITY. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont,Lake County,Florida,unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and,in case any work is sublet,the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. Employers Liability insurance with the following minimum limits and coverage: (a) Each Accident, $1,000,000 (b)Disease-Each Employee, $1,000,000 (c) Disease-Policy Limit, $1,000,000 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONSULTANT's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Public Liability$1,000,000 Each Occurrence (d) Excess Liability,Umbrella Form $1,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider 3 (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death,or to injury to or destruction of tangible property(other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers'or workmen's compensation acts,disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII— NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid,or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Quality Cable Contractors, Inc. 207 N. Goldenrod Rd. Ste. 600 Orlando,FL 32807 Attn: Jorge del Rio, President CITY: City of Clermont Attn: Darren Gray,City Manager 685 W. Montrose Street Clermont, FL 34711 4 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision,or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8. Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: 5 (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X—AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in the Orange County Public Schools/Bid No. ITB 1804070. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this )4/16 day of ,/ -r-JL- ,2018. City of Cliint Darr j r.NT' Mana:-r Attest: 9, Tracy Ackroyd How i City Clerk Quality Cable Contractors, Inc. By: -.3.0 k Ck ,I EA K,1 a (Name Printed or Typed) {)(2-f_S(DEN T Title Attest: Corporate ecretary rt'dci.el,� ( ame Printed or Typed) 7 EXHIBIT A INVITATION TO BID FORM SUBMIT TO: O c Procurement Services All Bids must be submitted via VendorLink C CO Ori County Public Sch00ls at the specified date and time below at: www.vendorlink.ocps.net INVITATION TO BID Orange County Public Schools Procurement Services 445 W.Amelia Street CONTACT PERSON: Orlando, FL 32801-1129 Tina Leger,Senior Specialist/Buyer II Telephone#: 407-317-3200 ext.200-2460 DATE ISSUED: 9/25/2018 E-mail:Christina.Legercocps.net TITLE: Infrastructure Wire and Equipment NUMBER: SUBMITTAL DEADLINE: ITB1804070 10/9/2018 at 2:00 PM EST PRE-PROPOSAL CONFERENCE- DATE,TIME AND LOCATION: SUBMITTALS RECEIVED N/A AFTER ABOVE DATE AND TIME WILL NOT BE ACCEPTED REQUEST FOR INFORMATION DEADLINE: 10/2/2018 at 2:00 P.M. EST This Bid Submittal and subsequent award by OCPS shall constitute a binding and enforceable contract. All Specifications, Terms and Conditions, Addenda,and correspondence of this Contract shall be incorporated into the final award and become an integral part of the Contract. Unless otherwise stipulated in this Contract, no other contract documents shall be issued. LEGAL NAME,(herein referred to as"Bidder") Florida Division of Corporation Document Number As described in the Section Titled "Florida Department of State, (www,sunbiz.orq) : Division of Corporations Registration Requirements"within this Invitation to Bid("ITB"): J28570 Quality able Contractors Inc. MAILING ADDRESS: I hereby certify that I have read and understand the 207 N Goldenrod Road Unit 600 requirements of this Contract (hereinafter, the "Contract")and that, I, as the Bidder,will comply with CITY—STATE—ZIP: all requirements of this offer and any contract(s) Orlando, Florida. 32807 and/or other tra • • • .ward. TELEPHONE NO: 407-246 -0606 Authorized Authorized Signature FAX NO: Gabriel Del Rio 407-482-5942 Typed Name Vice President 10/08/2018 FEI/EIN Number: 59-2738502 Title Date gabriel®gcciflorida.com Email Address ITB1804070 1 CocOran Orange CountyPublic Schools LEI j Procurement Service;Department 445 W Amelia St. Orlando FL 32801 Phone 407 317 3988 Fax 407 317 3414 ADDENDUM NO. 1 October 4, 2018 ITB1804070 Infrastructure Wire and Equipment Solicitation The original Invitation To Bid (ITB) documents shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. This Addendum is being issued to address questions received and release attachments. The following are questions and answers regarding the above mentioned solicitation: 1. Question: Can you please expand on the scope and the use of the word "installation."Are you looking for physical installation, or for us to also configure and implement from a technical perspective within the word installation? Answer: The scope shall include the means to deliver the item to the location, install the item, and to service the item when, or if requested.The item may be a piece of switchgear, a Wireless Access Point, a BackUp Power Supply, physical rack and stack of equipment. The vendor may need to verify power, but no configuration is required. 2. Question: Please provide the current structured cable product specifications for the Orange County Public School system. Answer: Our End Product is standardized Hubbell Districtwide. All parts and specs should be in Compliance with the Hubbell "Mission Critical Warranty"guidelines. 3. Question: On the Bid Price Sheet, please clarify the column labeled "Unit Price (%)". Answer: Unit Price (%) indicates the amount of the percentage markup of the wholesale price that the Bidder is including in its bid. This percentage shall be calculated with the Est. Quantity to create the Extended Price. 4. Question: In section II. Special Conditions item #2. Term: Considering the continuous fluctuation of prices for materials and equipment, will OCPS consider allowing price changes during the term of the contract? 5. Answer: Please see Section V. General Terms and Conditions,Article 22, listed below for information regarding price increases during the term of a contract with OCPS. 22. Equitable Adjustment: Prices offered shall remain firm through the first three (3) years of this Contract. A request for price adjustment, with proper documentation justifying the adjustment, may be submitted, in writing,thirty(30)days prior to the third (3rd) anniversary date of the contract. Price adjustment requests shall be evaluated on an annual basis thereafter. 22.1. Unit price adjustments must have written approval from OCPS prior to invoicing. Any unit price adjustment invoiced without written approval from OCPS shall not be paid and the invoice returned to the Awarded Bidder for correction. 22.2. Requests for price adjustments shall not exceed the percentage of change in the Consumer Price Index (CPI) for the previous twelve (12) months of the anniversary date, but shall not exceed three percent (3%) per adjustment. The CPI shall not be seasonally adjusted. OCPS reserves the right to request a reduction in Contract prices equal to the percentage of change of the CPI in the event of a reduction. OCPS reserves the right to not renew any Contract regardless of price considerations. Information on the CPI may be obtained from the Bureau of Labor Statistics at http://www.bls.gov or by contacting the Bureau directly. The following are revisions to the attachments released in regards to the above mentioned solicitation: Page 1 of 1, Bid Price Sheet, shall be amended to read: "Est. Quantity"to replace"Est. Quality" in the fifth column of the Bid Price Sheet. Please see the revised Bid Price Sheet posted on VendorLink. If you should have any questions regarding this Addendum, please do not hesitate to contact Tina Leger at Christina.Leger(a�ocps.net or, by phone, at 407-317-3200 ext. 200-2460. Sincerely, Tina Leger, Senior Specialist/Buyer II Procurement and Contracting Services Acknowledgement of Addendum No. 1 by Respondent ITB1804070 Infrastructure Wire and Equipment Solicitation The Respondent hereby acknowledges receipt of the following Addendum: This addendum must be completed and signed by an authorized representative and returned with the solicitation submittal. The Acknowledgement of Addendum receipt will become an integral part of the solicitation document. In acknowledging receipt of this Addendum, the undersigned understands and accepts the foregoing solicitation changes and clarifications. All other bid terms,conditi.• ... .- ifications as originally issued remain unchanged. Pre 9 (rcr Office •�nncipal) Title �an�-et /0/e/ Por 8 Manual Signature Date 62M-a., :4 j CR,S l e Cok.( ratc/1,15. u c. 1920 7A Galjectroel R` .4Yco o Company Name Address or Cela F` Pe a7 407— ay6 - 19606 u07- 149 -C4 Li Telephone Number Fax Number O C ORANGE COUNTY PUBLIC SCHOOLS Facilities&Construction Contracting 1,13'5, Bid Price Sheet Bid Title: Infrastructure Wire and Equipment Bid a: ITB1804070 MATERIALS Item* Desa iption Unit Prim(%) Unit of Measure Est.Quantity Extended Price CMS Cable(Mohawk or approved alternative) 14% 1 furnished shall be a percentage above cost Ea. 52z5000 $31,500.00 2 Cat6A Cable(Mohawk or approved alternative) 14% Ea. 5225,000 $31,500.00 furnished shall be a percentage above cost Cabinets and Miscellaneous Cabinet Parts(Hubbell 3 RE4,Great Lakes) 14% Ea. $220,000 $37,800.00 furnished shall be a Dercentale above cost 4 Fiber Optk Cable(OM4 50 Micron Multi•modo) 14% Ea. 521oJx10 $29,400.00 furnished shall be a percentage above cost Cat 6 Jacks,Patch Panels,AMO,Face Plates,etc. 5 (Hubble or approved alternative) 14% Ea. 5135000 $ 18,900.00 furnished shall be a Qercenta[e above cost Materials and Supplies 14% 6 not listed above furnished shall be a percentage above Ea. $90,000 $ 12,600.00 cost LABOR Rem N Description Unit Price($) Unit of Measure Est.Quantity Extended Price 7 Weekday Labor Rate-Cable installation $28.00 Hourly 20.aoo $560,000.00 (Cat,Coax,Fiber)Monday-Friday 7 AM-7 PM Evening/Weekend Labor Rate-Coble Installation 6 (Cat,Coax,Fiber)Monday-Friday 7 PM-7 AM,and $36,50 Hourly 1.650 $60,225.00 Weekends 9 Weekday Labor Rate-Cable Removal&Disposal $ 15.00 Hourly 1,600 (Cat,Coax,Fiber)Monday-Friday 7 AM-7 PM $24,000.00 Evening/Weekend Labor Rate-Cable Removal& 10 Disposal(Cat,Coax,Fiber)Monday-Friday 7 PM-7 $10.00 Hourly 160 $ 1,600.00 /tM and Weekends it Weekday Labor Rate-Cable Repair (Cat,Coax,Fiber)Monday-Friday 7 AM•7 PM $45.00 Hourly 55 $2,475.00 EveninaJWealaand Labor Rate-Cable Repair 12 (Cat,Coax,Fiber)Monday-Friday 7 PM-7 AM $45.00 Hourly 11 $495.00 &Weekends 13 Weekday Labor Rate to Install Network $45.00 Hourly 55 $2,475.00 switchgear,WAP's,BackUPS units,etc. Evening/Weekend Labor Rate to Install Network 14swltchgear,WAP's,BackUPS units,etc. $45.00 Hourly u $495.00 Add Estimated Cost of Materials: Total Cost of bid Price: S 1 e968, I of 1 DocuSign Envelope ID:ClDBC704-FD76-4AA9-A2FA-B61B9DCE9BFB re: Orange CountyPublic Schools � PProcurement Services Department 445 W Amelia St. Orlando,FL 32801 °Phone 407 317 3988•Fax 407.317 3414 November 15, 2018 NOTICE OF AWARD ITB1804070 Infrastructure Wire and Equipment Solicitation The School Board of Orange County meeting in official session on November 13, 2018, voted to award this solicitation to the following firm(s); Structured Cabling Solutions ProPlus Communications, Inc. Morse Communications Quality Cable Contractors Inc. This letter is notification of award only. Do not ship or order materials without an authorized purchase order. Purchase orders shall be placed by The School Board of Orange County, Florida personnel, as needed. Delivery must be completed within the time specified in the agreement. If you have any questions regarding the solicitation procedures, please contact Tina Leger by email at Christina.Leger@ocps.net or by phone at 407-317-3200, extension 200-2460. Cordially, �Bxwv..6, legkrt UJan,*4ur, '-1&n,C6405010406 Robert N. Waremburg, CPPO Sr. Director, Procurement Services The School Board of Orange County, Florida "l'he Orange County Public School Board is an equal opportunity agency" I TABLE OF CONTENTS Page Invitation to Bid Form 1 Bid Submittal Checklist 2 Table of Contents 3 Section I. Definitions 4 Section II. Special Conditions 8 Section III. Specifications 11 Section IV. Instruction to Bidders 14 Section V. General Terms and Conditions 16 Appendix A: "No Bid" Response Submittal Form 31 Appendix B: Statement of Affirmation and Intent 32 Appendix C: Bidder's Experience and Qualifications 34 Appendix D: Bidder's Statement of Principal Place of Business 37 Appendix E: Drug-free Workplace Certification 38 Appendix F: Non-Disclosure Agreement for Confidential Materials 39 Appendix G: Debarment and Suspension Certification 43 Appendix H: MWBE/LDB Participation Guidelines 45 Appendix I: MWBE/LDBNBE Subcontractor Participation 47 ITB1804070 3 SECTION I. DEFINITIONS 1 Definitions. As used in this Contract, the terms defined in this Contract have the following meanings as set forth therein and the following terms have the meanings set forth below: 1.1. "Acquisition" means the process of obtaining supplies, services, or construction through purchase, lease, or grants. The process includes the establishment of needs, description of requirements. selection of method of procurement, selection of sources, solicitation of offers, award of contract, financing, and Contract administration. 1.2. "Addenda" means a written addition or supplement to a document (for example, items or information added, deleted or changed on a procurement document). Addenda will be posted on the OCPS Procurement Services website. 1.3. "Awarded Bidder" means a Bidder, business entity or individual who has been selected as an awardee of a contract in accordance with a bid or proposal previously submitted and shall proceed with performance of the contract. 1.4. "Bid" means a solicitation notifying potential Bidders of an opportunity to bid on a project. It can be an invitation to bid, request of proposals, request for quotations, and a request for sealed bids. 1.5. "Bid Price Sheet" means an Exhibit attached that contains the highest price that Bidder is willing pay for a commodities or contractual services, and is provided by Bidder in the Bid Submittal. 1.6. "Bid Submittal" means a written response to a solicitation for competitive sealed bids to provide equipment, supplies, services, or construction items. 1.7. "Bidder" means any individual, business entity, or company submitting a bid in response to an Invitation to Bid; the term "Bidder" is used interchangeably with the terms"Bidder", "Proposer", or "Bidder" 1.8. "Bid sample" means a sample offered by a Bidder when required in an ITB; the samples are considered a required part of the solicitation and are examined and tested for conformance with the requirements of the ITB. 1.9. "Confidential Information" means all material, non-public, business-related information, written or oral,whether or not it is marked as confidential,that is disclosed or made available to the Bidder and/or Vendor, directly or indirectly, through any means of communication or observation by the disclosing party or any of its affiliates or representatives. 1.10."Conflict of Interest" means an actual or potential situation in which the personal interests of a Bidder, OCPS employee, or public official, are. or appear to be, in conflict with the best interests of OCPS. 1.11."Agreement" means a mutually binding legal instrument obligating Bidder to furnish the commodities or contractual services in exchange for payment from OCPS, including, but not limited to, Purchase Orders and formal Agreements. 1.12."Descriptive Literature" means any information provided by Bidder (such as cuts, illustrations, drawings,and brochures)that shows a commodity's characteristics or construction of a commodity or explains its operation. The term includes only that information needed to evaluate the acceptability of the commodity and excludes other information for operating or maintaining the commodity. ITB1804070 4 1.13."F.O.B. Destination" means freight on board at destination; title changes hands from Bidder to purchaser at the destination of the Shipment: Bidder owns goods in transit and files any claims. Payment of freight charges is determined by Contract terms. 1.14."Lobbying" means any action taken by an individual, firm, association,joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the decision of the Board or OCPS personnel after advertisement and prior to the award of a Bid or Contract. 1.15."Local Developing Business" (LDB) means a business concern that is domiciled in the local area (Orange, Osceola, Lake, or Seminole County) and that meets the revenue limitations, and that is owned and controlled by one or more individuals whose personal net worth does not exceed the Net Worth Limitation. 1.16."Lump Sum" means the total price of a group of items, which is priced as a whole. 1.17.Material Safety Data Sheet ("MSDS") means a document that contains information on the potential hazards (health, fire, reactivity and environmental) of a material and how to work safely with that chemical material, such as the use, storage, handling and emergency procedures all related to the hazards of that material. 1.18."Minority/Women Business Enterprise" (MWBE) means OCPS has established a MWBE policy for the procurement of goods and non-professional services with an annual participation goal of twelve percent (12%). Bidders must be certified as a MWBE to be considered under this program. Valid and current certifications from Orange County, the City of Orlando, Greater Orlando Aviation Authority (GOAA), State of Florida and National Minority Bidder Development Council (NMSDC) are acceptable. Copies of certification documents must be submitted with Bidder's Bid Submittal. 1.19."Notice of Award" means the written notice of the acceptance of the solicitation from OCPS to Bidder. 1.20."Occupational Safety and Health Act ("OSHA)" means the Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. 1.21."Office of Business Opportunity" ("OBO") means the office that ensures participation of local, small, veteran-, minority-and woman-owned businesses in providing goods and services to Orange County Public Schools. 1.22."OCPS Purchasing Card" means the Purchase Card (P-Card) program enables work locations to make small purchases, generally under one-thousand dollars ($1,000), quickly and without a formal Purchase Order to streamline and speed-up small-dollar purchases. The P-Card program is administered by the Procurement Services Department. 1.23."Offer" means a response to a solicitation that, if accepted, would bind the Offeror to perform a under a resulting Contract. 1.24."Offeror" means one who makes an Offer in response to a solicitation; or one who submits a Bid in response to a Request For Proposal ("RFP"), Invitation To Bid ("ITB"), Invitation To Negotiate ("ITN"); used interchangeably with the terms"Bidder", "Bidder". 1.25."Orange County Public Schools" ("OCPS") means a political subdivision of the State of Florida as the school district in Orange County, Florida, United States, and is at located at 445 West Amelia Street, Orlando, FL 328011-1129. ITB1804070 5 1.26."Piggybacking" means piggybacking a contract using an existing Contract to acquire the same commodities or services at the same or lower price from another public entity Contract. 1.27."Pricing" means the process of establishing a reasonable amount to be paid for commodities or contractual services. 1.28."Procurement Representative" means the Procurement Services employee identified in solicitation documents. who is primarily responsible for processing the solicitation. 1.29."Procurement Services Department" means the Procurement & Contracting Services Department within Orange County Public Schools and is responsible for the administration of this solicitation. 1.30."Purchase Order" means OCPS's written document to a Bidder formalizing all the terms and conditions of a proposed transaction, such as a description of the requested item(s), delivery schedule, terms of payment. and transportation. 1.31."Responsible Bidder" means a Bidder who has the capability in all respects to perform fully the Contractual requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Each Bid Submittal shall be evaluated for conformance as Responsive and Responsible. 1.32."Responsive Bidder" means a Bidder who has submitted a bid that conforms in all material respects to the solicitation requirements. Each Bid Submittal shall be evaluated for conformance as Responsive and Responsible. 1.33."Shipment' means the process of transporting goods. 1.34."Signature" or"Signed" means the discrete, verifiable written symbol of an individual; indicates a present intention to authenticate the writing. including electronic Signatures. 1.35."Solicitation" means the written document containing an invitation for bids or request for proposals to provide commodities or contractual services. 1.36."Solicitation Provision"or"Provision" means a term or condition used only in solicitations and applying only before Contract award. 1.37."Specifications" means a description of the physical or functional characteristics, or of the nature of commodities or contractual services; the requirements to be satisfied by a product, material, or process indicating, if appropriate. the procedures to determine whether the requirements are satisfied. 1.38."Surety" means any corporation that executes, as Surety, the Proposal/Bid, Performance, and/or Payment Bond. 1.39."Vendor" means, per Policy KCE, a"Vendor" shall include any companies, consultants, Bidders or other provider of services or products that are registered as a vendor with OCPS. "Vendor"shall not include any government official, elected official, government employee or any other person affiliated with a governmental agency while acting in his or her official capacity on behalf of that governmental agency. The term "Vendor" shall not include registered charitable, not-for-profit or voluntary organizations that provide free or gratuitous services or products to OCPS. 1.40."Veterans Business Enterprise" ("VBE") means each VBE Bidder is certified at the time of the opening of the bid otherwise credit for the preference will not be given. Each VBE bidder shall submit a valid/current VBE certificate issued through the Center for Verification and Evaluation ("CVE") or the State of Florida. Failure to obtain and maintain a valid certification will result in the denial by ITB1804070 6 OCPS of the preference until such time as evidence of the certification or re-certification is established. 1.41."Warranty" means a promise or affirmation given by Bidder to OCPS regarding the nature, usefulness, or condition of the commodities or performance of services furnished under the Contract. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ITB1804070 7 SECTION II. SPECIAL CONDITIONS 1. Scope: The purpose of this invitation to bid is to establish a contract to provide infrastructure wiring, which shall include delivery, installation, and service of network equipment. 2. Term: The intent of this Contract is to establish a Contract for a period of three(3)years from the date of award, during which time the successful Bidder(s) shall guarantee fixed Pricing on items awarded, as specified in this Contract. 3. Contract Renewals: OCPS reserves the right to renew any or all prices, terms, conditions, and specifications of this Contract, for up to two (2) additional one-year period(s), upon mutual agreed by both OCPS and the Awarded Bidder(s). Renewals must be evidenced, in writing, with the Signature of the Awarded Bidder(s)' authorized representative and OCPS. 4. Contract Extension: In addition to any renewal options contained herein, OCPS has the right to extend the Contract for the period of time necessary for OCPS to release, award, and implement a replacement ITB for the commodities and/or contractual services provided through this Contract. Such extension shall be based upon the same prices, terms, and conditions as the existing ITB. 5. Minimum Requirements: To be eligible for this Contract, Bidders must: (i) not be on the Florida Suspended Vendor List; (ii) possess the financial capability, experience, and personnel resources to provide the equipment and services as required in this Contract; (iii) meet the Mandatory Requirements listed below: (iv) be a manufacturer or an authorized distributor or reseller of the manufacturer; and (v) be a registered vendor with OCPS. Upon request by OCPS, the Bidder will supply, within 48 hours, a Letter of Authorization to OCPS Procurement Services on Manufacturer's letterhead, Signed by an individual authorized to bind the manufacturer, include a confirmation statement detailing the roles and responsibilities of each party as a part of your contractual Agreement with the distributors. 6. Mandatory Requirements: Bidder must meet the following mandatory requirements in order to be considered for this Contract. 6.1. Delivery: Bidder must provide delivery to all locations within OCPS within two (2) business days for orders placed by 4:00 P.M; comply with F.O.B. Destination Freight Prepaid terms; not impose any additional delivery charges for the life of the contract; and complete deliveries inside delivery locations, at no additional cost. Bidder must maintain on-time delivery rate of ninety-five percent (95%) or greater, 6.2. Primary Point of Contact: Bidder must provide a primary account management as a point of contact for the Contract. 6.3. Customer Service Representatives: Bidder must provide customer service representatives and technical resources by phone (toll-free), fax, and email to handle all Purchase Orders and mitigate order-related technical issues from 8:00 AM to 5:00 PM Eastern Time, Monday through Friday, excluding OCPS holidays. 7. Insurance: At its sole expense, the Awarded Bidder (s) shall maintain the following insurance during the term of this Agreement and such insurance will apply to Bidder, its employees, agents, and subcontractors: 7.1. Workers'Compensation insurance in statutory amounts and Employers Liability in an amount not less than One Million Dollars ($1,000,000) each accident/disease. This insurance shall apply to all Bidder's employees who will be engaged in the performance of the Services in this Agreement. 7.2. Commercial General Liability insurance, including products and completed operations and contractual liability, arising from any and all claims for property damage and bodily injury, including death, in an amount not less than One Million Dollars ($1,000,000) each occurrence ITB1804070 8 and Two Million Dollars ($2,000,000) aggregate. This policy must include Orange County Public Schools, its board members. employees. and representatives as additional insured. 7.3. Automobile Liability insurance, including all owned, non-owned, and hired vehicles used in conjunction with providing Services outlined in this Agreement, for property damage and bodily injury, including death, in an amount not less than One Million Dollars ($1,000,000)each accident. This policy must include The OCPS of Orange County, Florida. its board members, employees and representatives as additional insured. 7.4. Property Damage Insurance - Not less than one million dollars ($1,000,000) for damages on account of any one accident and in an amount not less than one million dollars ($1,000,000.00) for damages on account of all accidents. Automobile property damage shall be not less than one million dollars ($1,000.000). 8. Insurance Capacity Verification: Awarded Bidder(s) shall provide proof of insurance prior to execution of this Contract. Receipt of proof of insurance shall not be construed as an approval of Awarded Bidder's insurance or a release or waiver of Awarded Bidder's obligation to provide insurance required by this Contract. Awarded Bidder agrees to the following as it relates to all above required insurance: 8.1. All insurance shall be primary and not contributory to any other insurance carried by OCPS. This shall also apply to any self-insurance maintained by OCPS. 8.2. Awarded Bidder shall notify OCPS's Risk Management Department within thirty (30) days of any material changes or notice of cancellation Awarded Bidder received from its insurer on above required insurance. 7.9. Awarded Bidder shall provide evidence of all insurance in the form of a Certificate of Insurance and specify any deductible or retention applicable to above required insurance. 7.10. To the extent permitted by law, Awarded Bidder's insurance shall contain a waive rights to recover from OCPS or its insurance. 7.11. Any required insurance that Awarded Bidder self-insures or carries retentions in excess of Ten Thousand Dollars($10,000.00)shall be pre-approved by OCPS's Risk Management Department and referenced in an addendum to this Contract. 9. Indemnification: The Awarded Bidder shall indemnify, defend, and hold harmless OCPS, its board members, employees, representatives from and against all claims, suits. actions, damages, losses, expenses, and/or a cause of action, including but not limited to, economic loss, reasonable attorneys' fees, and expenses, arising out of, or in connection with this Agreement, provided that any such claims, suits, actions, damages, losses, expenses, and/or a cause of action, (i) is attributable to any person(s) claiming personal injury, bodily injury, sickness, disease, or death; or damage to tangible property of a third party including the loss of use, (ii) loss of Bidder's tools and equipment used in connection with this Agreement, and (iii) is caused or incurred in whole or in part by Bidder or any of its subcontractor, agents, or anyone directly or indirectly employed by Bidder, subcontractor, agents, regardless if caused in part by OCPS. This indemnification shall not apply to any claims, suits, actions, damages, losses, expenses, and/or a cause of action, arising from OCPS's sole gross negligence or intentional misconduct. 10. Nothing in this Agreement shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of OCPS's sovereign immunity protection and limitations of liability pursuant to Section 768.28, F.S. Any indemnity or assumption of liability by OCPS hereunder shall be subject to OCPS's rights to sovereign immunity and any other limitations of liability provided OCPS pursuant to Florida law. ITB1804070 9 THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ITB1804070 10 SECTION III. SPECIFICATIONS 1. Specifications: The specifications are listed below. Bid only on items as specified. Bidder will be responsible for meeting all specifications listed in this ITB and on the Bid Price Sheet. Failure to comply with these requirements may be cause for Bid rejection or award cancellation. 2. Bidder(s)Qualifications:The Bidder must have successfully completed within the past three(3)years a minimum of three (3) commercial installation jobs, where the contract amount was ten thousand dollars ($10,000.00) or more. 3. Quote Requirements: Bidders shall provide quotes for jobs throughout the term of the contract.Where the total cost of a job ranges from zero ($0.00)to ten thousand dollars ($10,000.00), OCPS will require a quote from one (1) Awarded Bidder. Where the total cost of a job is ten thousand dollars and one dollars ($10,001.00) or more, OCPS will require a quote from all three (3)Awarded Bidders. 4. Bidder(s) Responsibilities: The following responsibilities are required of Bidder(s): 4.1. After the Bidder(s) receives notification from an authorized OCPS ITS representative regarding a specific job, the Bidder(s) shall prepare a written estimate of the labor, equipment, and materials required to complete the installation of the infrastructure wire and or equipment. This estimate shall include the following specific information: 4.1.1. Number of hours needed to complete the project with hourly rates, as bid; 4.1.2. List of equipment and materials and their descriptions; 4.1.3. Cost; 4.1.4. A timeline when work can begin, along with the installation completion date: 4.1.5. Identify any additional tasks necessary to satisfactorily accomplish the overall scope of work. 4.1.6. Bidders must return an estimate to the ITS authorized representative(s) within five(5) workdays, or as otherwise notified. The Bidder's estimate will be evaluated to determine if the scope has been clearly and accurately understood.the work has been properly estimated with supporting data presented,and material and equipment estimates are reasonable and properly documented.The total amount quoted shall be considered the total contract price. 4.1.7. The estimate provided by the Bidder shall be firm,and no increases will be permitted. This firm price is the amount that will be paid to the Bidder. The work will be awarded to the Bidder that provides the lowest estimate meeting all requirements. 4.2. OCPS may require the Bidder(s)to provide a performance bond on larger projects. Upon request by OCPS, the bond required is 25% of the total project cost. The bond requirement may be included in the scope of work provided to the Bidder. The Bidder's estimate shall include as a separate line item all acquisition costs associated with the bond. 4.3. Bidder acknowledges that work will be performed only after receipt of an authorized purchase order. 4.4. If, during the course of work,the Bidder encounters unforeseen conditions which impact the work and which could not initially be evaluated, the Bidder shall not precede without written authorization of the OCPS's authorized representative(s). OCPS must be notified in writing of such conditions within twenty-four(24) hours of work stoppage. 4.5. Bidder shall have sufficient number of personnel, materials,transportation, and an adequate inventory of tools and equipment to perform work at the job site. Bidder shall be held responsible for the on-site supervision, scheduling, storage, receiving, and placement of materials. If any heavy equipment is needed such as a crane, man lift, and or backhoe, Bidder is responsible for the purchasing and/or leasing of the required equipment. The company shall provide an experienced operator for the equipment. 4.6. Emergency work requests may be needed from time to time. Bidder shall within two(2) hours' notice ITB 1804070 11 meet OCPS personnel at the job sites, review the scope of work, provide an estimate, proceed with work without delay, and be responsive to the emergency request. 4.7. Bidder shall be responsible for faulty labor or workmanship. Bidder shall promptly correct improper work without cost to OCPS within twenty-four(24) hours after receipt of notification of such faulty labor or workmanship. If Bidder fails within twenty-four(24) hours to correct defects, OCPS shall be entitled to have such work remedied and Bidder shall be fully liable for all costs and expense reasonably incurred by OCPS. Payment in full or otherwise does not constitute a waiver of this guarantee. The guarantee period shall be effective for one(1) year after acceptance of the work by OCPS. 4.8. Bidder shall conform to all Federal. State, City and OCPS standards and regulations during the performance of the Agreement. Any fines levied due to inadequacies or failure to comply with any and all requirements shall be the sole responsibility of Bidder. Any person found not in conformance with any laws,statutes, rules or regulations will not be allowed on the job site.Continued violations by Bidder shall constitute cause for immediate termination of the Agreement. 4.9. All existing structures, utilities, services, roads, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Bidder and the Bidder shall be held responsible for any damage to property caused by reason of his operations on the property. 5. Vendor Qualifications and Requirements: 5.1. Bidder shall have certified technicians/installers located within fifty (50) miles of the Educational Learning Center building located at 445 West Amelia Street, Orlando, FL 32801. The company must have a minimum of two (2)certified technicians to be able to meet the terms of this contract. Certified lead technicians/installers shall be required to hold Hubbell Certification. 5.2. Deliverables: Bidder must submit a copy of its Hubbell Certification. If Bidder(s) do not submit the necessary documentation, the bid will be rejected and not considered for award. Bidder must submit a copy of their valid Orange County low voltage business license with bid. 5.3. Bidder must complete the enclosed questionnaire and provide attachments used to evaluate capabilities to perform the work during the contract period. The questionnaire and attachments must be completed and contain sufficient and specific information directly responding to the request. OCPS reserves the right to reject bids that do not provide sufficient information to evaluate the qualifications of Bidder(s). 5.4. OCPS reserves the right to confirm Bidder(s)'qualifications and to inspect facilities and equipment. 5.5. Permits and Licenses: Bidder(s) are required to have the necessary permits and licenses required by law to conduct business in Orange County. These services must have been performed satisfactorily, as determined by OCPS, for a minimum of three (3) years prior to the OCPS' acceptance of the responsive bidder's proposal. 6. Work Hours: OCPS business hours are from 7:30 am to 4:30 pm, Monday through Friday excluding OCPS official holidays. Some projects may require work to be completed outside of normal business hours. 7. Project Timelines: All work shall be completed within the quoted timeline and shall be monitored by an Authorized OCPS Representative. Bidder's repeated failure to complete projects on time or as directed shall be deemed as a default of contract. No further estimates shall be requested from Bidder(s) under this bid, and Bidder(s)'contract may be terminated. 8. Job Conditions: Bidder shall be responsible of notifying OCPS in writing of any conditions detrimental to proper and timely completion of work. Bidder(s)shall not proceed with work until detrimental conditions have ITB1804070 12 been corrected. 9. Inspections: Building Code Compliance Office (BCCO) inspectors shall inspect permitted work for compliance. ITS representative shall have the right to inspect the work performed to ensure the terms of this contract are adhered to. 10. Quality of Cables and Hardware:All cable and hardware purchased under this Contract shall be Original Equipment Manufacturer (OEM). All cable and hardware used shall be billed at the Bidder(s)' actual net cost, plus the percentage amount, as bid. 11. Materials: Material quality is expected to be commercial grade to accomplish the service work satisfactorily, as specified in the given scope of work for each job. The OCPS reserves the right to set the standard of quality for materials for a given job. 12. Code Compliance: OEM Materials and equipment data sheets shall indicate compliance with industry standards, such as, but not limited to: 12.1. American National Standards Institute(ANSI); 12.2. Americans with Disabilities Act of 1990(ADA):. 12.3. American Society for Testing and Materials(ASTM); 12.4. Florida Department of Community Affairs Accessibility Requirements Manual (DCAARM); 12.5. National Electrical Manufacturers Association(NEMA); 12.6. National Fire Protection Associations(NFPA);. 12.7. Underwriters Laboratories(UL); 12.8. OSHA"Trench Safety Act"Chapter 90-96; 12.9. Florida Administrative Code(FAC); 12.10. Florida Department of Education Chapter 6A-2; and 12.11. Electrical Testing Laboratories(ETL) Certification. 13, Install, Remove, and Repair: Awarded Bidder(s)must follow permitting procedures, as outlined by OCPS Building Code Compliance Office. Bidder(s) shall install, remove, and repair all infrastructure wiring and equipment.Any permit that is required will have to be pulled by Awarded Bidder(s). 13.1. Bidder(s) at all times shall keep the premises free from accumulation of waste materials or rubbish caused on its operations. All waste materials, rubbish, and related equipment as a result of the work shall be removed and disposed of at the end of each work day. 13.2. The Bidder shall be responsible for providing all necessary materials and accessories for a complete installation pursuant to the manufacturer's recommended installation instruction. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ITB 1804070 13 SECTION IV. INSTRUCTIONS TO BIDDERS 1. Bid Submittal Instructions: Bidder shall submit their bid in accordance with the instructions and schedule included in the solicitation containing these specifications and documents. Bid Submittals not conforming to the instructions provided herein may be subject to disqualification at the sole option of OCPS. 2. Bid Requirements: The following Appendices, upon which information is required, must be completed and provided with the Bid Submittal: 1.1. Invitation to Bid Cover Sheet; 1.1. Statement of Affirmation and Intent; 1.2. Bidder's Experience and Qualifications; 1.3. Bidder's Statement of Principal Place of Business; 1.4. Bidder's Statement of Financial Qualification; 1.5. Drug-free Workplace Certification; 1.6. Non-Disclosure Agreement for Confidential Materials; 1.7. Debarment and Suspension Certification; 1.8. MWBE/LDB Participation Guidelines; 1.9. MWBE/LDBNBE Subcontractor Participation (if applicable); and 1.10. Bid Price Sheet posted on vendorlink.ocps.net. 3. "No Bid" Response Submittal Form: If Bidder is not providing a Bid Submittal in response to this Contract, Bidder shall complete and submit the "No Bid" Response Submittal Form electronically prior to the due date established in this Contract via www.vendorlink.orps.net. 4. Electronic Submission: Bidder shall submit Bid Submittal electronically through VendorLink at www.vendorlink.ocps.net. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise during proposal submission. 1.1. Upload files only in Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file formats. 1.2. Enable printing on files submitted. 1.3. Clearly identify the ITB Number, Name, Submission Date, and Bidder Name on Invitation to Bid Cover Sheet. 1.4. Complete the Invitation to Bid Cover Sheet on Bidder's using the following information: 1.4.1. Business Name; 1.4.2. Complete Business Address; 1.4.3. Name(s) and contact information of key personnel. 1.5. Separate and identify each part of the submission. 1.6. Allow for adequate time to post bid prior to the designated deadline. The online portal for bid submission will close at the time designated and any bids not completely submitted will not be considered. 5. Withdrawal: Bidders may withdraw, alter, and resubmit Bid Submittals through VendorLink at any time prior to the due date and time of this Contract. Any Bid Submittals not withdrawn will constitute an irrevocable offer, for a period of 90 days, to provide OCPS with the services specified in the proposal. OCPS may request clarifications and additional information after proposal submission. 6. Signature: All Bid Submittals must be signed by an officer or employee having authority to legally bind Bidder.Any corrections of unit prices must be initialed. This includes corrections made using correction fluid (white out) or any other method of correction. Bidders should become familiar with any local conditions which may, in any manner, affect the product or service required. Bidders are required to carefully examine the ITB terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under this Contract. No additional allowance will be made due to lack of knowledge of these conditions. ITB1804070 14 7. Florida Department of State, Division of Corporations Registration Requirements: Bidders that are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and written documentation of"active"status.All registered Bidders must have an active status in order to be eligible to do business with OCPS. Bidder(s) doing business under a fictitious name must submit the Bid Submittal using the company's complete registered legal name, i.e. ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.orq. 8. Fingerprinting, Badges, and the Jessica Lunsford Act: The Jessica Lunsford Act was enacted on September 1, 2005 in response to the tragic abduction and death of Jessica Lunsford. This law affects a Bidder(s) business operations and employees. if they are under Contract with OCPS. 8.1.Awarded Bidder(s) and any of its employees performing services hereunder shall comply with the Jessica Lunsford Act, effective September 1, 2005. "Non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in s.1012.32. Contractual personnel shall include any vendor, individual, or entity under Contract with a school or the OCPS." See Section 1012.465, F.S. 8.2.Florida statute requires Bidders of OCPS to undergo a FDLE/FBI Level II background screening and be fingerprinted in any one of the following conditions apply. 8.2.1. Vendor employees will be on school grounds when students are present; 8.2.2. Vendor employees will have direct contact with students; or 8.2.3. Vendor employees will have access to or control of school funds. 8.3.Vendors meeting the above conditions shall carry an OCPS badge. Vendors that currently have a badge with another school district in the state of Florida, need to renew a current OCPS badge, have never applied for a badge with OCPS Schools or are uncertain whether a badge is required shall follow the instructions at https://www.ocps.net/cros/one.aspx?pageld=99924. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ITB1804070 15 • SECTION V. GENERAL TERMS AND CONDITIONS 1. Contractual Agreement: This Bid Submittal and subsequent award by OCPS shall constitute a binding and enforceable contract.All Specifications,Terms and Conditions,Addenda, and correspondence of this Contract shall be incorporated into the final award and become an integral part of the Contract. Unless otherwise stipulated in this Contract. no other contract documents shall be issued. 2. Timely Submission of Bid Submittals: It is the sole responsibility of Bidder to ensure timely submission of the Bid Submittal. Bidder is responsible for allowing adequate electronic submission in order that the Bid is delivered to the Procurement Services Department by the specified due date and time. Submittals sent by any other means not specified herein will not be accepted. Bid Submittals may not be withdrawn for sixty(60) days after opening. 3. Bid Information and Notification: All solicitations and supporting documents are posted on the VendorLink OCPS website at www.vendorlink.ocps.net. Bidders are responsible for monitoring the website for solicitation opportunities and updates. All solicitations and supporting documents, such as Addenda, Notice of Intent, and Notice of Award, will be posted on the website. 4. Providing Erroneous or False Information: Bidder(s)failing to provide requested information and/or clarification or submitting false or erroneous information may be deemed non-responsive and shall not be awarded a contract. If a Bidder(s) Submission is found to contain false and/or erroneous information after a Contract is awarded, the Contract may be terminated. 5. Awards: Bids shall be awarded based on the lowest, Responsive, and Responsible Bidder(s). OCPS reserves the right to award to more than one Bidder for same or similar products or services; to make award(s) by individual item, group of items, and all or none or a combination thereof; or to reject any and/or all bids; and to waive any minor irregularity or technicality. Discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes, but may be considered in the event of a tie in scoring when evaluating bids. 5.1. Awarded Bidder(s) shall accept Purchase Orders or an OCPS Purchasing Card as instruments of authorization for purchases. Awarded Bidder(s) who fail to comply with this requirement will be deemed as failing to perform.All purchases are contingent upon the appropriation of OCPS's funding. 6. Evaluation of Past Performance: Bidder(s) shall provide information to demonstrate how well its company, or team, has performed on contracts that are similar in size, scope, and complexity to this Contract. In order to evaluate Bidder(s) past performance, Bidder(s) are required to submit: (i) a list of references with the Bid Submittal; (ii) a list of relevant projects completed within the last three (3) years that are similar to the magnitude of this Contract; (iii) all technical specifications associated with this Contract; (iv) financial ability, capacity and/or resources to acquire and maintain required staffing, as defined by Appendix E; and (v) any other criteria indicated in this Contract. 7. Tie Bids: In the case of identical Responsive and Responsible Bid Submittals, the following criteria, in preferential order, shall be utilized in the process of selecting and awarding Bidder(s): (i) MWBE Certification; (ii) LDB Certification; (iii)VBE Certification; (iv) Drug Free Workplace; (v) Payment Discount Offered; and (vi) a Coin Flip in the event that preceding criteria does not differentiate Bidders with a tied score. 8. MWBE, LDB, and VBE: In accordance with OCPS Policies DJFA, DJFB, and DJFC, OCPS has established policies setting forth participation goals for the dollar value of work to be awarded to MWBEs, LDBs, and VBEs. Guidelines may be accessed from the OBO website at www.obo.ocps.net. 9. Preference to Florida Businesses:OCPS shall provide an equal preference to the lowest Responsible and Responsive Bidder(s) having a principal place of business within Florida, as part of the competitive solicitation process for purchases of personal property.As such, in a competitive solicitation in which the lowest Responsible and Responsive Bidder(s), whose principal place of business is located outside the ITB 1804070 16 state of Florida, OCPS shall not grant a preference in competitive solicitation to such Bidder(s). The preference to the lowest Responsible and Responsive Bidder(s) having a principal place of business in the State of Florida shall be five percent (5%). Section 287.084(1)(a), F.S. 9.1. A Bidder whose principal place of business is outside this state must accompany any written bid. proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Section 287.084(2). F.S. 10. Favored Nation Clause: Based on similar size and quantity, it is understood that Bidder is providing OCPS the same or better pricing than other districts and governmental agencies. If during the term of this agreement. OCPS locates better Pricing for the same item, Bidder agrees to offer OCPS the reduced price. 11. Right to Reject: OCPS reserves the right to reject any or all bid,to waive irregularities and technicalities, or to accept the bid(s), which, in its sole judgment, best serves the interest of OCPS. 12. OCPS Reservations: These additional options are for the convenience and benefit of OCPS and Bidder. The intent of these options is to promote "one-stop shopping" for both basic and enhanced systems. 12.1. OCPS reserves the right to prohibit the sale of any and all additional products, and to terminate the Contract with Bidder if OCPS determines, in its sole discretion, that the Bidder is abusing these options to sell products that Bidder is not authorized to Offer. 12.2. OCPS reserves the right to increase or decrease the number of authorized categories and subcategories as markets change and new technologies emerge. Manufacturers may also offer at no cost the software necessary to operate the authorized hardware. 12.3. OCPS reserves the right to request additional information and / or clarification pertaining to Bidder's experience, ability, and qualifications to perform services described in this Contract during the solicitation or after Contract award. 13. Bid Protests: In accordance with OCPS Policy DJE and Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications set forth in this Contract or who is adversely affected by a decision of OCPS concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays.A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond,cashier's check, or money order in the amount of one percent (1%) of the total estimated Contract value. 13.1. The Notice of Intent to Protest and formal written protest shall be filed with the Senior Director, Procurement Services, 445 West Amelia Street, Orlando, Florida 32801. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier's check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 14. Purchases by Other Public Agencies/Piggyback: With the consent and agreement of the successful Bidder(s), purchases may be made under this Contract by other governmental agencies, political subdivisions within the State of Florida, or any other public entity. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own Purchase Order to the Awarded Bidder(s). This consent and agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items. OCPS reserves the right to ITB1804070 17 obtain further discounted pricing resulting from other agencies piggybacking from OCPS's Contract resulting in increased quantities. 15. Right to Use Existing Bids/Non-exclusivity: OCPS reserves the right to utilize any other contract. including, but not limited to, the following: any State of Florida Contract, any Contract awarded by any other city or county governmental agencies, other OCPSs, other community college/state university system, cooperative bid agreements, or to directly negotiate/purchase per OCPS policy and/or Rule 6A- 1.012, Florida Administrative Code. OCPS also reserves the right to bid separately any item(s) and/or service(s) covered under this Contract, if deemed to be in the best interest of OCPS, at any time during the terms of the Contract. 16. Non-Collusion: The prices in Bidder's Submittal must arrive independently, without consultation, collusion, communication. or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 17. Conflict of Interest: In addition to full and complete adherence to the requirements provided in Section 112.313, F.S., all Bidders must disclose the name of any officer, director, agent, or representative who is also an employee of OCPS and who knowingly owns, directly or indirectly, any interest of any amount in Bidder's company, firm, or branch. 18. No-Contact Period/Lobbying: In accordance with OCPS the KCE Ethics and Lobbying Policy, OCPS members and OCPS employees (except the Procurement Representative) are not to be contacted prior to the decision of OCPS to approve or reject the final recommendation presented to it by the Superintendent. At the discretion of OCPS. failure to comply with this requirement will be grounds for disqualification. 18.1. Specifically, this No-Contact Period shall commence on the initial date of the advertisement for this Contract and continue through and include the date OCPS makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify Bidder from consideration. 19. Marketing/Advertising: Bidder shall not use the results of this Contract as a part of any marketing and/or commercial advertising. 20. Labor Rate: Labor provided by the Awarded Bidder(s) shall be billed to OCPS, based on the hourly rates submitted on the Bid Price Sheet. The Bidder(s) hourly rate shall include: (i)full compensation for labor, (ii) equipment use, (iii) travel time, and (iv) any other cost (including overhead) to Bidder. OCPS shall only pay fair market prices for labor. 21. Pricing: Bid Pricing will be accepted and considered by the following methods: (i) the bid price per item, per specified quantity, (ii) the total bid price for all items for these specifications in an"All or None" Bid, per Lot, and/or(iii)the items may be grouped in an "All or None" Bid fora particular group of items while other items are bid per item. OCPS reserves the right to award the Bid applying any of these methods. 21.1. Prices are requested in units of quantity specified within this Contract. In case of a discrepancy in computing the total amount of Bidder's bid, unit prices shall prevail. Bidder's prices shall include all fees and/or costs involved in providing the commodity or contractual service to OCPS. 21.2. Bid Pricing shall include inside delivery, F.O.B. Destination, freight prepaid and shall include all cartage, drayage, and packing delivered to and unloaded at the receiving site designated in this Contract or Purchase Order. Bidder shall pay and bear all freight related charges, own goods in transit, and file any claims. 21.3. OCPS shall not pay Federal Excise and State taxes on direct purchases of tangible personal property. This exemption does not apply to purchases of tangible personal property made by ITB180407018 Bidder(s) that use the tangible personal property in the performance of agreements for the improvement of OCPS owned real property as defined in Chapter 192, F.S. 22. Equitable Adjustment: Prices offered shall remain firm through the first three (3) years of this Contract. A request for price adjustment, with proper documentation justifying the adjustment, may be submitted, in writing, thirty (30) days prior to the third (3rd) anniversary date of the contract. Price adjustment requests shall be evaluated on an annual basis thereafter. 22.1. Unit price adjustments must have written approval from OCPS prior to invoicing. Any unit price adjustment invoiced without written approval from OCPS shall not be paid and the invoice returned to the Awarded Bidder for correction. 22.2. Requests for price adjustments shall not exceed the percentage of change in the Consumer Price Index (CPI) for the previous twelve (12) months of the anniversary date, but shall not exceed three percent (3%) per adjustment. The CPI shall not be seasonally adjusted. OCPS reserves the right to request a reduction in Contract prices equal to the percentage of change of the CPI in the event of a reduction. OCPS reserves the right to not renew any Contract regardless of price considerations. Information on the CPI may be obtained from the Bureau of Labor Statistics at http://www.bls.gov or by contacting the Bureau directly. 23. Material Markup: OCPS reserves the right to furnish materials to the Awarded Bidder(s). If Bidder is required to provide materials for the service(s). OCPS shall be billed the actual price Bidder paid for the items plus the percentage markup awarded. All items must be of commercial grade in order to satisfy operational performance. Materials/parts mark-up must not exceed ten percent (10%). Bids with markup higher than specified will be disqualified and considered non-responsive. 23.1. Bidder's material/part invoices will be provided upon request by OCPS. OCPS shall pay fair market prices for materials. OCPS reserves the right to audit Bidder's invoices from the manufacturer for materials used in performance of this Contract. Bidder must comply within 48 hours of this request or may be deemed in non-compliance and be subject to contract termination. 24. Performance Qualifications: OCPS reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Bidder meet the Contract requirements. Bidder shall at all times during the Contract term remain responsive and responsible. 25. Quantities: The quantities as shown on the Bid Price Sheet are estimates only and in no way obligate OCPS to purchase these amounts. The estimates are intended as a guide only. The actual quantities purchased under this Contract may vary. OCPS reserves the right to re-negotiate prices if, at any time during the term of the agreement, OCPS purchases more than the estimated quantity of any line item on Bidder's Bid Price Sheet. 26. Quality:The commodities bid in this Contract must be commercial grade being the newest. latest model, and of the best quality and highest-grade workmanship so as to accomplish the service work satisfactorily. The commodities may be tested for compliance with this Contract conditions and specifications at any time. Items delivered not conforming to this Contract conditions and/or specifications may be rejected and returned at Bidder's expense. 27. Silence of Specifications: Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve Bidder from responsibility. 28. Manufacturer's Name and Approved Alternates: Any manufacturer's names, trade names, brand names, information, and/or catalog numbers listed in a specification are for information and not intended to limit competition. If this Contract allows equivalent products. each Bidder shall indicate on the Bid Price Sheet the manufacturer's name and model number, including cut sheets, sketches, and Descriptive Literature, and/or complete specifications. OCPS reserves the right to determine acceptance of item(s) as an approved alternate. Bid Submittals that do not comply with these requirements may be subject to ITB1804070 19 rejection. If the manufacturer's model number for the items specified herein is incorrect, has changed, becomes unavailable, or has been replaced with a new updated model and specifications, Bidder shall notify Procurement Services in writing. 29. Item Substitutions: Substitution of other brands for items awarded and ordered is prohibited. In the event an awarded item is discontinued by the manufacturer during the term of the Agreement and is not available from either Bidder's or manufacturer's inventory, then the Awarded Bidder must provide written notification from the manufacturer that the item has been discontinued. Bidder must file a written request with Procurement Services and be granted written approval to substitute before any substitution may be made. Requests to substitute shall be accompanied by complete specifications for the proposed substitute item and a sample, if requested. 30. Equivalent or Approved Equal: Whenever a product is defined in any of this Contract by describing a proprietary product, or by using the name / model of a manufacturer or vendor, the term "or other units considered to be equivalent", if not inserted, shall be implied. The specific product described shall be understood as indicating the type, function. and minimum standard of design. efficiency, and quality desired and shall not be construed in such a manner as to exclude products of comparable quality, design. and efficiency. 30.1. Complete descriptive information of the offered product must be included with the proposal. Products being proposed as an equal to the items specified must be available for inspection / evaluation by OCPS. Samples, when requested, must be furnished within five (5)working days of the request at no cost to OCPS. If not destroyed during evaluation, samples may be returned to Bidder on request at Bidder's expense. 30.2. Determination of equivalent or approved equal is at the sole discretion of OCPS. 31. New Items and/or Options: New items and/or options may be included after award of this Contract if they are standard items and/or options for this commodity. Items inadvertently left off the Bid Price Sheet may be viewed as an option not known to exist at the time this Contract was sent out, but are now available as an additional option. Awarded Bidders wishing to provide additional options, may attach to their price sheet their list of options which are currently available. Since these products will be made to order on an as needed basis,each purchase could vary greatly since many will be site specific. As market and/or building code changes occur the Awarded Bidder(s) may contact the Procurement Services about additional options. 32. Method of Ordering: Orders shall be processed only upon receipt of an authorized Purchase Order issued by OCPS, or an OCPS Purchasing Card. All orders shall be initiated on an as-needed basis throughout the term of this Contract. Orders shall be promptly filled and delivered to the location specified on the Purchase Order.Any item or items received that do not meet specifications or duplicate Shipments received will be returned at the Awarded Bidder's expense. 33. Invoicing:Awarded Bidder(s)shall submit invoices that reference valid OCPS Purchase Order numbers on all requests for payment. Invoices, in duplicate, shall be mailed directly to Orange County Public Schools, Florida, Accounts Payable, P.O. Box 4984, Orlando, Florida 32802-4984. A separate invoice must be received for each Purchase Order number. It is the sole responsibility of Bidder to ensure that the invoice corresponds to the Purchase Order and to resolve any discrepancies by notifying the point of contact person listed on the attention line under the ship to area of the Purchase Order prior to submitting the invoice for payment.Any invoice submitted as a result of the Award of this Contract shall be itemized reflecting the items on the Purchase Order. Lump Sum invoices shall not be submitted and will not be accepted for multiple line Purchase Orders. 34. Payment: OCPS will only pay Bidder(s)the amounts authorized on the Purchase Order. Payment will be made according to Chapter 218, F.S., the Local Government Prompt Payment Act after the commodities or contractual services provided by a Bidder have been received, inspected, and found to comply with award specifications,free of damage or defect,and properly invoiced. Payment for partial Shipments shall ITB1804070 20 not be made unless specified. Failure to follow these instructions may result in delay in processing invoices for payment. The Purchase Order number must appear on invoices, bills of lading, packages. cases, delivery lists, and correspondence. 35. Packaging: All products shipped shall require proper packaging to ensure they are received free from damage. Awarded Bidder(s) must comply with all packaging requirements as required for the product to be received and used in proper working condition. All such packaging costs shall be included in bid unit prices. 36. Inspection, Acceptance, and Title: The Awarded Bidder shall be responsible for delivery of all items in good condition at destination point. Bidder shall file with the carrier all claims for breakage and other losses. OCPS shall document packages that are not received in good condition. In the event the commodities and/or contractual services are found to be defective or do not conform to specifications, OCPS reserves the right to cancel the order upon written notice to Bidder and/or return the product at Bidder's expense. 37. Delivery: Deliveries shall be made during normal operating hours there will be no deliveries made on Saturdays, Sundays, or holidays when all school buildings and the warehouse are closed. It shall be the responsibility of the Bidder to coordinate the jobsite delivery and placement of materials required for completion of the project with the assigned OCPS representative. 37.1. All deliveries will be F.O.B. Destination, freight fully prepaid by Bidder. Bidder must include in the item price all delivery and shipping charges to all schools and facilities located within Orange County, Florida on the Bid Price Sheet. OCPS will not accept bids that contain separate charges for delivery or shipping. OCPS will honor no common carrier/drayage charges. 37.2. Bidder shall make deliveries within two (2) calendar days from the date of the receipt of the Purchase Order. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by Bidder(s); except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of Bidder. In these cases, Bidder shall notify the school or department of the delays immediately with a revised delivery date. 45. Failure of Performance and/or Delivery: If the Awarded Bidder fails to perform as required per these specifications, or fails to deliver the item(s) specified in these specifications, he shall recompense OCPS for any damages to the said Board caused by his failure to perform as stated. 46. Protection of Persons and Property: Precautions will be exercised at all times for the protection of persons (including employees) and property. Barricades will be provided by the Awarded Bidder at its expense when work is performed in areas traversed by persons or vehicles. Bidder shall conform to any safety requirements deemed necessary by OSHA requirements and by OCPS Representative to insure that safety of all students, staff, and community members. 46.1. Bidder shall at all times guard from damage or loss to property of OCPS or of other Bidders and shall replace or repair any loss or damage unless such is caused by OCPS, other Bidders. OCPS may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss or damage to property through negligence of Bidder or its agents. 47. Removal of Debris: The Awarded Bidder shall be responsible for the prompt removal of all debris from the worksite, which is a result of its activities. Bidder shall not use the trash receptacles located on OCPS property. Any debris left at the worksite shall be removed within 24 hours' notice from OCPS. Bidder assumes all liability for accidents that may occur due to any debris, equipment, tools, and worksite hazards. 48. Acceptance of Products and/or Services: The products and/or services to be provided hereunder shall be delivered to OCPS. in full compliance with the specifications and requirements set forth in this ITB1804070 21 contract. If the product provided by Bidder is determined to not meet the specifications and requirements of this contract, either upon initial inspection or discovered at a later date, the item will be returned, at Bidder's expense. to Bidder. At OCPS' own option, b shall either provide an approved replacement, or provide a full credit for the returned product. Bidder shall not assess any additional charge(s) for any conforming action taken by OCPS under this clause. 48.1. All items furnished must be new (current year model) to OCPS, the latest model, first quality, carry the manufacturer's standard Warranty and be equal to or exceed the specifications listed in the bid. OCPS must be the first time user of the product(s). 49. Manufacturer's Warranty: Bidder shall furnish Manufacturer Warranty on all items furnished hereunder against defect in materials and/or workmanship. The Manufacturers' Warranty shall become effective on the date of acceptance by OOPS. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated Warranty period, the Awarded Bidder(s) shall repair or replace same at no cost to OCPS, immediately upon notification. 49.1. Bidder shall not limit or exclude any implied warranties. and any attempt to do so shall render this Bid voidable at the option of the district. Bidder warrants that the goods furnished will conform to the specifications, drawings, and descriptions listed in the proposal documents, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 50. Service during Warranty Period: During the warranty period, Bidder must repair or replace any defective equipment without cost to OCPS with the understanding that all replacements shall carry the same guarantee as the original equipment. Bidder shall maintain an inventory of available parts in order to service all items when requested and unless otherwise specified,all equipment bid must be new,the latest model, first quality, carry the Manufacturer's standard Warranty and be equal to or exceed the specifications listed in the bid. Bidder shall make any such repairs or replacements immediately upon receiving notice from an OCPS representative. 50.1. If the repairs cannot be made at the school or location,where the item is located, Bidder must pick- up the item, repair the item, return the item to the location where it is being used, and provide parts and equipment to ensure that the system remains operational at no charge to OCPS. 51. Warranty-Safety: Bidder warrants that the products, materials and services sold to OCPS shall conform to the standards promulgated by the federal government including, but not limited to, the U.S. Department of Labor under OSHA and the Consumer Product Safety Commission ("CPSC"). In the event the products, materials and services do not conform to applicable safety standards, OCPS may return the products and materials for correction or replacements at Bidder's expense. In the event Bidder fails to make the appropriate correction within a reasonable time(i.e., 2 weeks) correction may be made by OCPS at Bidder's expense. 52. Warranty-Infringements: Bidder agrees to ascertain whether goods manufactured in accordance with the specifications will give rise to the rightful claim of any third person by way of infringement or the like. If Bidder is of the opinion that an infringement or the like will result, he will notify OCPS to this effect in writing within two weeks after the signing of this Bid. If OCPS does not receive notice and is subsequently held liable for the infringement or the like, Bidder will indemnify OCPS for any damages due to such claim. If Bidder in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this Bid shall be null and void except that OCPS may pay Bidder for the reasonable cost (as determined by OCPS) of his/ her search as to infringements. 53. Discrepancies: Bidder shall expeditiously resolve any and all discrepancies. Discrepancies are defined as: receipt of damaged items, delivery shortages/overages, non-compliance with bid/ Purchase Order instructions, damage to OCPS property and all other discrepancies caused by Bidder as related to the Contract and/or Purchase Order. ITB1804070 22 54. Asbestos and Formaldehyde Statement: Bidder certifies that all materials supplied to OCPS will be one hundred percent (100%) asbestos and formaldehyde free. 55. Manufacturer's Certification: Procurement Services reserves the right to request all manufacturers' certifications, if applicable. 56. Bidder's MSDS Submission: An MSDS must be submitted with Bid Submittal for all hazardous materials/chemicals. Failure to submit the required MSDS may render the Bid Submittal non-responsive. This information must be provided in compliance with Florida's Right-To-Know Law. 57. Bidder's Facilities: OCPS reserves the right to inspect Bidder's facilities at any time with prior notice. OCPS may use the information obtained from this inspection in determining whether Bidder is Responsible. 58. Familiarity with Laws, Ordinances, Rules and Regulations: The Awarded Bidder is required to be familiar with all federal, state and local laws, ordinances, rules, regulations, and OCPS policies and procedures that may affect their work in any manner. Failure on the part of Bidder to be aware of any law, ordinance, rule or regulation will in no way relieve it from any responsibility or liability arising from the ITB award. Bidder assures and certifies that it will comply with all laws, ordinances, rules, regulations, and all other legal requirements. Bidder shall abide by all OSHA, NFPA and ADA regulations pertaining to the hazards associated with the project, such as fall protection, lockout/tag- out, PPE, safety barricades, portable fire suppression / extinguishers, job site first aid kits, and emergency communication. Any work site accidents shall be reported to SBOC and any other proper authorities. 58.1. Bidder shall have in their possession all-applicable insurance, permits, licenses. etc. that may be required by law to furnish services under the scope of this Agreement. Bidder must not be in violation of any law or other ordinances during the life of this Agreement. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of Bidder. Any person found not in conformance with any laws, statutes, rules or regulations will not be allowed on the job site. Continued violations by a Bidder shall constitute cause for immediate termination of the Agreement. 59. Davis-Bacon Act (34 CFR 80.36(i)(4)): All Bidders, Bidders and subcontractor must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5). Construction contracts in excess of two thousand dollars ($2,000.00) awarded by grantees and sub-grantees when required by Federal grant program legislation.Applies to all construction contracts in excess of two thousand dollars ($2,000.00) awarded by OCPS and sub-grantees when required by Federal grant program legislation. 60. Family Educational Rights and Privacy Act ("FERPA"): To the extent Services provided hereunder pertain to the access to student information, Bidder shall adhere to all standards included in Sections 1002.22 and 1002.221, Florida Statutes (the Protection of Pupil Privacy Acts), 20 U.S.C. §1232g - FERPA, the federal regulations issued pursuant thereto (34 CFR Part 99), and/or any other applicable state or federal law or regulation regarding the confidentiality of student information and records. Further, Bidder, and its officers, employees, agents, and representatives, shall fully indemnify and hold OCPS harmless for any violation of this provision including, but not limited to, defending OCPS and its officers, employees, agents, and representatives against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon OCPS, or payment of any and all costs, damages. judgments, or losses incurred by or imposed upon OCPS arising out of the breach of this provision by Bidder, its officers, employees, agents, or representatives, to the extent that the Bidder, or its officers, employees, agents, or representatives, shall either intentionally or negligently violate this provision, Sections 1002.22 and 1002.221, Florida Statutes, or other applicable state, local, or federal laws, rules. or regulations. This provision shall survive the termination of or completion of all performance obligations under this Contract, and shall remain fully binding upon Bidder. A separate Non-Disclosure Agreement may be required. ITB1804070 23 61. Health Information Privacy and Accountability Act ("HIPAA"), Children Internet Protection Act ("CIPA"), and Gramm-Leach Bliley Act("GLBA"): Bidder must comply with all applicable state and federal laws, regulations, and OCPS policies including Privacy Rights of Students, Computer Users' Responsibilities, Security of Computing Resources, Security of Data, Privacy of Computing Resources, HIPAA. CIPA, and GLBA. 62. OSHA Compliance: Bidder warrants that the product or products supplied to OCPS shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1979, as amended. and the failure to comply will be considered a breach of contract. 63. Underwriters' Laboratories ("UL"): Unless otherwise stipulated in the ITB. all manufactured items and fabricated assemblies shall be UL listed where such has been established by UL for the item(s) offered and furnished. In lieu of the UL listing, Bidder may substitute a listing by an independent testing laboratory recognized by OSHA under the Nationally Recognized Testing Laboratories (NRTL) Recognition Program. 64. Equal Employment Opportunity ("EEO"): OCPS does not discriminate in admission or access to, or treatment or employment in its programs, activities, and award of contracts, on the basis of race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law. If Bidder(s)wish to gain additional information about compliance matters and the OCPS EEO, Bidder(s) may contact the EEO Supervisor. Section 504 Coordinator, or Title IX Coordinator at the Ronald Blocker Educational Leadership Center, 445 West Amelia Street, Orlando, Florida 32801. 65. Prohibition Against Contracting With Scrutinized Companies: In accordance with Section 287.135, F.S.,OCPS RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS,TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF OCPS." 65.1. A company that, at the time of bidding or submitting a proposal for a new Contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on. submit a proposal for, or enter into or renew a Contract with an agency or local governmental entity for goods or services of$1 million or more." Section 215.473, F.S. defines a company to include "all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit." By submitting a response to this solicitation, a Bidder certifies that it and those related entities of Bidder as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S. 65.2. Any Bidder awarded this Contract shall be required to recertify at each renewal of the Agreement that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. OCPS may terminate this Contract if Bidder or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Notwithstanding the preceding,the OCPS reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on,submit a proposal for, or enter into or renew an agreement, should OCPS determine that the conditions set forth in Section 287.135(4), F.S. are met. 66. Public Entity Crimes: Section 287.133(2)(a), F.S.,as currently enacted or as amended from time to time. states that a person or affiliate who has been placed on the convicted Bidder list following a conviction for public entity crime may not submit a Bid Submittal on a Contract to provide any goods or services to a ITB1804070 24 public entity, may not submit a Bid Submittal on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any public entity, may not be awarded or perform work as a Bidder, Bidder, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted Bidder list. 67. Assignment: The Awarded Bidder(s) shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract, or of any or all of its rights, title, or interest therein, or its power to execute such Agreement to any person, firm, or corporation without prior written authorization by OCPS. 68. Time Is of The Essence: The Awarded Bidder acknowledges that time is of the essence to complete the work as required in each event. The Awarded Bidder agrees that all work shall be prosecuted diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within industry standards. Should Bidder neglect, fail, or refuse to complete the work within the time specified in each and every work request or as properly extended by OCPS, then Bidder does hereby agree, as part consideration for awarding of the Agreement,to pay to OCPS the liquidated damage sum of$50.00 for each work day that Bidder shall delay after the time stipulated in each and every Purchase Order for completing the work, not as a penalty, but as liquidated damages for breach of Contract as set forth herein. If the reasons for the delays are beyond Bidder's control or an act of God, no liquidated damages for the breach of Contract will be addressed. 69. Notices: All notices shall be in writing and shall be delivered personally, by United States certified or registered mail, postage prepaid, return receipt requested, or by a recognized overnight delivery service. Any notice that must be delivered to OCPS at its respective address is set forth below or to such other address as shall be specified in writing by OCPS according to the requirements of this Contract. Orange County Public Schools Procurement Services 445 W. Amelia Street Orlando, FL 32801-1129 69.1. Any notice that must be delivered to Bidder(s) at its respective address is set forth in the ITB Cover Sheet. 69.2. The date that notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date set forth on the return receipt if sent by certified or registered mail. 70. Data Confidentiality: Bidder shall implement appropriate measures designed to ensure the confidentiality and security of Protected Information, protect against any anticipated hazards or threats to the integrity or security of such information, protect against unauthorized access or disclosure of information, and prevent any other action that could result in substantial harm to OCPS or an individual identified with the data or information in Bidder's custody. 71. Data Security: Bidder must protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority (e.g. Microsoft notifications, etc.) Likewise, OCPS agrees to conform to measures to protect and secure data. 71.1. Data Transmission: Bidder agrees that any and all transmission or exchange of system application data with OCPS and/or any other parties shall take place via secure means, e.g. HTTPS, FTPS, SFTP, or equivalent. 71.2. Data Storage and Backup: Bidder agrees that any and all OCPS data will be stored, processed, and maintained solely on designated servers and that no OCPS data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage ITB1804070 25 medium, unless that storage medium is in use as part of Bidder's designated backup and recovery processes. All servers, storage, backups, and network paths utilized in the delivery of the service shall be contained within the states, districts, and territories of the United States, unless specifically agreed to in writing by an OCPS officer with designated data, security, or Signature authority. An appropriate officer with the necessary authority can be identified by the OCPS Chief Information Security Officer for any general or specific case. Bidder agrees to store all OCPS backup data stored as part of its backup and recovery processes in encrypted form, using no less than 128 bit key. 71.3. Data Re-Use: Bidder agrees that any and all data exchanged shall be used expressly and solely for the purposes enumerated in this Agreement. Data shall not be distributed, repurposed, or shared across other applications, environments, or business units of Bidder. As required by Federal law, Bidder further agrees that no OCPS data of any kind shall be revealed, transmitted, exchanged, or otherwise passed to other Bidders or interested parties except on a case-by-case basis as specifically agreed to in writing by an OCPS officer with designated data, security, or Signature authority. 72. End of Agreement Data Handling: Bidder agrees that upon termination of this Contract, Bidder shall return all data to OCPS in a useable electronic form, and erase, destroy, and render unreadable all OCPS data in its entirety in a manner that prevents its physical reconstruction through the use of commonly available file restoration utilities, and certify in writing that these actions have been completed within thirty (30) days of the termination of this Agreement or within seven (7) days of the request of an agent of OCPS, whichever shall come first. 73. Data Breach: Bidder agrees to comply with the State of Florida Database Breach Notification process and all applicable laws that require the notification of individuals in the event of unauthorized release of personally identifiable information or other event requiring notification. In the event of a breach of any of Bidder's security obligations or other event requiring notification under applicable law ("Notification Event"), Bidder agrees to notify OCPS immediately and assume responsibility for informing all such individuals in accordance with applicable law and to indemnify, hold harmless, and defend OCPS and its trustees,officers, and employees from and against any claims, damages,or other harm related to such Notification Event. 74. Mandatory Disclosure of Protected Information: If Bidder becomes compelled by law or regulation, including securities laws, to disclose any Protected Information, Bidder will provide OCPS with prompt written notice so that OCPS may seek an appropriate protective order or other remedy. If a remedy acceptable to OCPS is not obtained by the date that Bidder must comply with the request, Bidder will furnish only that portion of the Protected Information that it is legally required to furnish. Bidder shall require any recipient of the Protected Information to exercise commercially reasonable efforts to keep the Protected Information confidential. 75. Safekeeping and Security:As part of the Services, Bidder will be responsible for safekeeping all keys, access codes, combinations, access cards, personal identification numbers, and similar security codes and identifiers issued to Bidder's employees, agents, or subcontractors. Bidder agrees to require its employees to promptly report a lost or stolen access device or information. 76. Non-Disclosure: Bidder is permitted to disclose Confidential Information to its employees, authorized subcontractors, agents, consultants, and auditors on a need to know basis only, provided that all such subcontractors, agents, consultants, and auditors have written confidentiality obligations to Bidder and OCPS. 77. Request for Additional Protection: From time to time, OCPS may reasonably request that Bidder protect the confidentiality of certain Protected Information in particular ways to ensure that confidentiality is maintained. Bidder has the right to reasonably decline OCPS's request. ITB1804070 26 78. Disclosure of Response Content: All material submitted becomes the property of OCPS and may be returned only at OCPS's option. OCPS has the right to use any or all ideas presented in any reply to this solicitation. Selection or rejection of any response does not affect this right. 78.1. OCPS is governed by the Public Records Law, Chapter 119, F.S. Only trade secrets as defined in Section 812.081(1)(c), F.S., or financial statements required by OCPS for road or public works projects as defined in 119.071(1)(c), F.S., (hereinafter"Confidential Materials"), may be exempt from disclosure. If a Bidder submits Confidential Materials, the information must be segregated, accompanied by an executed Non-disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled "confidential" or "trade secret." OCPS will not disclose such Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the OCPS shall execute the Agreement and send Bidder a "Receipt for Trade Secret Information." Return the Non-disclosure Agreement only if confidential materials are being included in the submittal. The confidential materials will only reviewed by Procurement Representative or the evaluation committee during evaluation phases. 79. Public Records: IF BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE OCPS CUSTODIAN OF PUBLIC RECORDS AT 407.317.3965, RECORDS(a.00PS.NET,ORANGE COUNTY PUBLIC SCHOOLS, RECORDS MANAGEMENT, P.O. BOX 271, ORLANDO, FL 32802. 79.1. Bidder acknowledges its legal obligation to comply with Section 119.0701, Florida Statutes. Bidder shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, which would be required to be kept and maintained by OCPS in order to perform the scope of services. Bidder shall comply with all requirements for retaining public records and shall transfer, at no cost to OCPS, all public records in the possession of Bidder upon a request for such public records. See Section 119.0701(2)(b)4, Florida Statutes, for additional record keeping requirements. 79.2. A request to inspect or copy public records relating to OCPS's Contract for services must be made directly to OCPS's Custodian of Public Records. If OCPS does not possess the requested records, OCPS's Custodian of Public Records shall immediately notify Bidder of the request. Bidder must provide a copy of the records to OCPS or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. If Bidder does not timely comply with OCPS request for records, OCPS shall be able to sue for breach of Contract and the prevailing party shall be entitled to attorney's fees. 79.3. Should Bidder fail to provide the requested public records to OCPS within a reasonable time, Bidder understands and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, Florida Statutes. 79.4. Bidder shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of this Agreement term and following the completion, expiration, or termination of same if Bidder does not transfer the records to OCPS. Upon completion, expiration, or termination of this Agreement, Bidder shall transfer, at no cost to OCPS, all public records in its possession or keep and maintain public records required by OCPS to perform the services. If Bidder transfers all public records to OCPS, Bidder shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If Bidder keeps and maintains public records upon completion, expiration, or termination of this Agreement, Bidder shall meet all applicable requirements for retaining public records and provide requested records to OCPS pursuant to the requirements of this Article.All public records stored electronically must be provided to OCPS in a format that is compatible with the information technology systems of OCPS. ITB1804070 27 80. Remedies for Disclosure of Confidential Information: Bidder and OCPS acknowledge that unauthorized disclosure or use of the Protected Information may irreparably damage OCPS in such a way that adequate compensation could not be obtained from damages in an action at law. Accordingly. the actual or threatened unauthorized disclosure or use of any Protected Information shall give OCPS the right to seek injunctive relief restraining such unauthorized disclosure or use, in addition to any other remedy otherwise available (including reasonable attorneys' fees). Bidder hereby waives the posting of a bond with respect to any action for injunctive relief. Bidder further grants OCPS the right, but not the obligation, to enforce these provisions in Bidder's name against any of Bidder's employees, officers, board members, owners, representatives. agents, Bidders, and subcontractors violating the above provisions. 81. Bankruptcy/Insolvency: At the time of Bid Submittal, Bidder shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If Bidder is awarded a Contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, OCPS may, at its option, terminate and cancel of this Contract, in which event all rights hereunder shall immediately cease and terminate. 82. Non-Performance: Bidder must comply with all requirements as set forth by this contract. Failure to complete the requirements of this Contract shall be considered a default. In case of Contract default. the OCPS may procure the services or products from other sources and hold the bidder responsible for any excess costs occasioned thereby and may immediately proceed to cancel the contract. Furthermore, OCPS may suspend Bidder from future bids and business with OCPS for a specified period of time. 83. Termination: OCPS reserves the right to terminate of this Contract, or any part herein. without cause or penalty. OCPS will notify Awarded Bidder(s) of the intent to terminate via the OCPS Procurement Services website, in writing, a minimum of thirty (30) days prior to the effective date of termination, and this Contract will officially terminate at the end of the thirty (30) day grace period. Termination or cancellation of will not relieve Awarded Bidder(s)of any obligations for any deliverables entered into prior to the termination of this Contract(i.e., reports, statements of accounts, required and not received)and/or obligations or liabilities resulting from any acts committed by Awarded Bidder(s) prior to the termination of this Contract. 83.1. The Awarded Bidder(s) may cancel this Contract with thirty (30) days written notice to Senior Director of Procurement Services. Failure to provide proper notice may result in Bidder being barred from future business with OCPS. 84. Termination for Convenience: The performance of work under this Contract may be terminated by OCPS in accordance with this clause in whole, or from time to time in part, whenever OCPS shall determine that such termination is in the best interest of OCPS. 85. Default: Failure to perform according to this Contract shall be cause for Bidder to be found in default, in which event any re-procurement costs may be charged against Bidder. Failure to pay said amount to OCPS upon demand may result in the company being barred from doing business with OCPS. Thereafter, Bidder may request to be reinstated. In the event of a default on an agreement, Bidder shall be responsible for any and all attorneys' fees and court costs incurred in collecting any liquidated damages. 86. Force Majeure: OCPS and the Awarded Bidder will exercise every reasonable effort to meet their respective obligations as outlined in this Contract and ensuing Agreement, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, which includes, but is not limited to: compliance with any government law or regulation; acts of God; acts or omissions of the other party; government acts or omissions; fires; strikes; national disasters; wars; riots; transportation problems; and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. ITB1804070 28 87. Governing Law and Venue: Applicable provisions of all federal, state, county, and local laws, and all ordinances, rules, and regulations shall govern the development, submittal, and evaluation of all bids received in response this Contract and shall govern any and all claims and disputes which may arise between Bidders submitting a response this Contract and OCPS by and through its officers, employees, and authorized representatives, or any other persons, natural or otherwise; and lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof. 87.1. All questions concerning the validity,operation, interpretation,construction,and enforcement of any terms, covenants, or conditions of this Agreement shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. 87.2. All legal proceedings brought in connection with this Agreement shall only be brought in a state or federal court located in the State of Florida.Venue in state court shall be in Orange County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando division. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this agreement. In the event that a legal proceeding is brought for the enforcement of any term of the agreement, or any right arising wherefrom, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit. 88. Interpretation of Bid Documents: No interpretation of the meaning of this Contract document or correction of any apparent ambiguity, inconsistency, or error therein will be made verbally to any Bidder. 88.1. All requests for an interpretation of the meaning of this Contract, and any subsequent Addenda, or correction of any apparent ambiguity, inconsistency, or error therein, shall be in writing, addressed to the Procurement Services Representative by the date and time indicated on the first page of this Contract. Inquiries must reference the date of Bid opening, Bid title, and Bid number. Interpretation of the ITB, clarification of ITB specifications, and changes to the ITB shall be communicated by written Addenda only. 88.2. Only the interpretation or correction so given by the Procurement Services Representative, in the form of written Addenda, shall be binding. Verbal responses shall be considered inadmissible in Bid protest proceedings. Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret, the ITB documents. 88.3. Written Addenda shall be signed by Bidder and returned to Procurement Services by the Bid opening date and time. Failure to return such Addenda may constitute cause for rejection of a Bid Submittal. 88.4. All General Terms and Conditions, Special Conditions, and Specifications attached hereto that vary from these General Conditions shall have precedence. Any inconsistency in this Contract shall be resolved by giving precedence in the following order: (1) Specifications; (2) Special Conditions; (3) General Terms and Conditions; and (4) Instructions to Bidders. 89. Severability Clause: In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability, shall not affect any other provisions of this Contract, but this Contract shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein. 90. Merger: This Contract constitutes the entire Agreement and understanding of the Bidder and OCPS with respect to its subject matter, superseding any agreements or understandings relating to Acquisition of the supplies, services, or construction by Procurement Services. Any terms that are in addition to, or different from, those in this Contract shall be disregarded and of no force or effect, unless the Bidder and OCPS explicitly accept the additional or differing terms in writing. ITB1804070 29 91. Audit and Inspection of Awardees' Documents and Records: OCPS or its representative reserves the right to inspect and/or audit all the Awardee's documents and records as they pertain to the products and services delivered under this Contract. Such rights shall be exercised with notice to the Awardee to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Contract. Documents/records in any form shall be open to the District or State's representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between OCPS and the Awardee(s). THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ITB1804070 30 APPENDIX B STATEMENT OF AFFIRMATION AND INTENT To: Orange County Public School, Procurement Services Solicitation: ITB1804070 Infrastructure Wire and Equipment The undersigned, hereinafter called Bidder, declares that the only persons, or parties interested in its Bid Submittal are those named herein,that this submittal is,in all respects,fair and without fraud,and that it is made without collusion with any other Bidder or employee of OCPS. Neither the Affiant nor Bidder have directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive Pricing in connection with Bidder's submittal for the above project.This statement restricts the discussion of pricing data until the completion of negotiations and execution of this Contract. Bidder certifies and declares: 1. No Board Member, Director or any OCPS Employee directly or indirectly owns assets or capital stock of Bidder,nor will they directly or indirectly benefit by the profits or emoluments of this Contract. 2. (Please check A or B, as appropriate.) A. x There are no professional, business, or Familial Relationships between any OCPS Employee or Board Member and those employees of Bidder or Business Entity that are: (i) Principals of Bidder or Business Entity;(ii)Shareholders,partners, Business Associates,or joint venture partners or otherwise hold a Material Interest in Bidder or Business Entity; (iii) Preparing, submitting, or presenting Bidder or Business Entity procurement documents; or, (iv) Working or expecting to work in any administrative capacity or will have Contract management responsibilities for Bidder or Business Entity. or B. _There are professional,business or Familial Relationships between any OCPS Employee or Board Member and those employees of Bidder or Business Entity that are:(i)Principals of Bidder or Business Entity; (ii) Shareholders, partners, Business Associates. joint venture partners or otherwise hold a Material Interest in Bidder or Business Entity;(iii)Preparing,submitting or presenting Bidder or Business Entity procurement documents;or,(iv)Working or expecting to work in any administrative capacity or will have Contract management responsibilities for Bidder or Business Entity as described below: 3. No member of Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with OCPS. In the event that a Conflict of Interest is identified in the provision of services, Bidder agrees to immediately notify OCPS in writing. 4. Bidder has carefully examined the scope of services,instructions,terms,and conditions of this Contract and that Bidder's Bid Submittal is made according to the provisions of the ITB and that it will meet or exceed the scope of services,requirements,and standards contained in the ITB. Failure to disclose a known relationship as described in paragraph 2 above may result in a bid being rejected as non-responsive. In the event the relationship is discovered after Bidder submits its bid,the relationship shall be disclosed and submitted to the OCPS Ethics Compliance Officer at the time of discovery. This form complies with Board Policy KCE.With respect to paragraph 2 hereof,the defined terms in this form shall have the same meanings as contained in Board Policy KCE. Bidder agrees to abide by all conditions of the negotiation process.In conducting negotiations with OCPS,Bidder offers and agrees that if this negotiation is accepted, it will convey, sell, assign, or transfer to OCPS all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by OCPS.At the OCPS's discretion,such assignment shall be made and become effective at the time OCPS tenders final payment to Bidder.The Bid Submittal constitutes a binding offer by Bidder to perform the services as stated in this Contract. ITB1804070 32 • Bidder certifies that it satisfies all necessary legal requirements as an entity to do business with OCPS. Bidder acknowledges and certifies that it is in receipt of, has reviewed, and is in agreement with all provisions of the Ethics and Lobbying Board Policy KCE, including, without limitation, all penalties for violation of said policy. www.ocps.net/sb/Superintendent%20Docu ments/KCE%20Ethics%20and%20Lobbyinq%20Policy%206 26 12.pdf Quality Cable Contractors Inc. 207 N Goldenrod Rd. unit 600 Orlando, FL 32807 Corporate Name of Bidder T A.ed Address, City,Zip 10/08/2018 407-246-0606 •uthorize•~--en a ive s ignature Printed Date Telephone Number Gabriel Del Rio Printed Name of Authorized Representative ITB1804070 33 APPENDIX C BIDDER'S EXPERIENCE AND QUALIFICATIONS In providing responses to the following questions, if Bidder answers 'Yes' to any of the questions below, then describe the circumstances,current status, and ultimate disposition of each matter using a separate page attached to this document. 1. Years in business under present name: 32 years Years performing work specialty: 32 years Licenses currently valid and in force: ES0000248 / EG13000643 2. Bidder's Representative Provide the following information for the representative assigned to this contract. Representative will assist in the overall coordination of services to include but not be limited to quoting projects and resolving issues with invoices,etc.: Name: Gabriel Del Rio Phone#: 407-246-0606 Cell#: 321-689-2096 Email: gabrielgcciflorida.corn 3. Has Bidder been declared in default of any contract? ❑Yes M No 4. Has Bidder ever forfeited on any performance bond payment issued by a Surety company on any contract? ❑Yes a No 5. Has an uncompleted Contract been assigned by Bidder's Surety company on any payment of performance bond issued to Bidder arising from its failure to fully discharge all contractual obligations there under? Yes M No 6. Within the past three(3)years,has Bidder filed for reorganization,protection from creditors,or dissolution under the bankruptcy statutes? ❑Yes ® No 7. Is Bidder now the subject of any litigation in which an adverse decision might result in a material change in Bidder's financial position or future viability? U Yes 23 No 8. Is Bidder currently involved in any state of a fact-finding, negotiations, or resistance to a merger,friendly acquisition or hostile take-over,either as a target or as a pursuer? ❑Yes 21 No 9. References: Provide three references from agencies to which Bidder has provided goods or services to in the past two(2)years.At least one reference should be a public school system. Reference# 1 Organization Name: Orange County Public Schools Telephone#: 407-317-3473 Contact Name: Lloyd Johnson E-mail Address: lloyd.johnson@ocps.net Scope of Work Provided: Service and Installation of Low Voltage Cabling. Project Dollar Value: $250,000 Present Contract Status: Active Contract Dates: Contract until 11/15/2018 ITB1804070 34 Reference#2 Greater Orlando Aviation Organization Name: Authorities Telephone#: 407-825-3531 Contact Name: James McMillan E-mail Address: james.mcmillan@goaa.org Scope of Work Provided: Service and Installation of Low Voltage Cabling. Project Dollar Value: $600,000.00 Present Contract Status: Active Contract Dates: 2012 - Current Reference#3 Organization Name: University of Central Florida Telephone#: 321-696-4974 Contact Name: Jayson McCluskey E-mail Address: jayson.mccluskey@ucf.edu Scope of Work Provided: Service and Installation of Low Voltage Cabling. Project Dollar Value: $15,000.00 Present Contract Status: Active Contract Dates: 2018 - Currant 10. Commercial Installations: Bidder must have successfully completed within the past three-(3) years a minimum of three (3) commercial installations where the contract amount was $10,000.00 or more. Bidder must provide sufficient and specific information regarding the three installations that would demonstrate your company's capability to perform the work required herein.The School Board reserves the right to reject bids which do not provide sufficient information to evaluate the qualifications of Bidder and where information provided does not demonstrate a proven past record(such as negative references,failure to complete projects,etc.) Installation#1 Organization Name: Turner construction Phone No: 404-379-1672 Contact Name:Jeff Justen E-mail Address: jjustenatcco.com Scope of Commercial Installation: Installation of a complete Low Voltage cabling system. Completed Contract/Project Dollar Value: $1,800,000.00 Contract Dates: 2016-2018 ITB1804070 35 Installation#2 Organization Name: Avcon USA Phone No: 828-450-5527 Contact Name: Jim McCoy E-mail Address: J im.mccoy®avcon-usa.com Scope of Commercial Installation: Installation of a complete Low Voltage cabling system. Completed Contract/Project Dollar Value: $450,000.00 Contract Dates: 2016 - Current Installation#3 Organization Name: Giles Electric Company Phone No: 386-527-4798 Contact Name: Matt Clayton E-mail Address: matt.clayton®gileselectriccompany.corn Scope of Commercial Installation: Installation of a complete Low Voltage cabling system at OCPS Hidden Oaks ES. Completed Contract/Project Dollar Value: $94,000.00 Contract Dates: 2017-2018 ITB1804070 36 APPENDIX D BIDDER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS If Bidder's principal place of business is outside of the state of Florida, write Bidder's name and political subdivision (county or municipality) where Bidder's principal place of business is located. Name of Bidder: Quality Cable Contractors Inc. Bidder's principal place of business (County and State): orange County, Florida Pursuant to Section 287.084(2),F.S.,"a vendor whose principal place of business is outside this state must accompany any written bid,proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state, or political subdivision, to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts." The Attorney for an Out of State Bidder shall complete the following: Legal Opinion Regarding State Bidding Preferences x Bidder's principal place of business is in the State of Florida and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. Or Bidder's principal place of business is in the State of and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state. (Please describe applicable preference(s) and identify applicable state laws): Legal Opinion Regarding Political Subdivision Preference I I Bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. Or Bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision grant the following preference(s)in the letting of any or all public contracts to business entities whose principal places of business are in that state. (Please describe applicable preference(s)and identify applicable state laws: Signature of out of state Bidder's attorney: Printed name of out of state Bidder's attorney: Address of out of state Bidder's attorney: Telephone number of out of state Bidder's attorney: Email of out of state Bidder's attorney: Attorney's state(s)of bar admission: ITB1804070 37 APPENDIX E DRUG-FREE WORKPLACE CERTIFICATION In the event of identical Responsive and Responsible Bid Submittals, pursuant to Section 287.087, F.S., preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bid Submittals, which are equal with respect to price, quality and service, are received by any political subdivision for the procurement of commodities or contractual services, a Bid Submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie bids will be followed if none of the tied Bidders has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Bidder complies fully with the above requirements. Quality Cable Contractors Inc. Authorized Representative's Signature Company Name Gabriel Del Rio 10/08/2018 Printed Name of Authorized Representative Date ITB1804070 38 APPENDIX F NON-DISCLOSURE AGREEMENT FOR CONFIDENTIAL MATERIALS Confidential Information is any portion of a company's documents, data, or records disclosed relating to its Bid Submittal that Bidder claims is confidential and not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution,or any other authority that is clearly marked"Confidential". If Bidder is submitting confidential materials the Bid ubmittal, then Bidder shall submit this Agreement. ITB#: Bidder: Bidder's Address: This Agreement is entered into as of the date of e last Signature set forth below between Orange County Public Schools, a political subdivision of the State of Florida("OCPS"), and the above named Bidder(hereinafter the"Bidder").OCPS and Bidder are collectively referred to as the"Parties"and may be referred to individually as a Party. RECITALS WHEREAS, Bidder possesses certain confidential trade secret materials that it wishes to disclose to OCPS for the purpose of responding to a solicitation or otherwise conducting business with OOPS; and WHEREAS, OCPS desires to review such materials in order to evaluate OCPS's interest in negotiating and concluding an agreement for the purchase of certain products and services,or otherwise conducting business with Bidder. NOW THEREFORE, in consideration of the mutual promises and premises contained herein,the receipt and sufficiency of which are hereby acknowledged,OCPS and Bidder agree as follows: 1. Confidential Materials: Bidder warrants and represents to OCPS that the materials described in the attached Appendix G(the"Confidential Materials")constitute trade secrets as defined by Section 812.081(1)(c). F.S.,or financial statements required by OCPS for projects as defined in Section 119.071(1)(c), F.S.. Subject to the terms and conditions of this Agreement, OCPS agrees not to disclose such Confidential Materials to third parties. 2. Additional Materials: During the course of the review or the business relationship with OCPS, Bidder may disclose additional confidential or trade secret information to OCPS in which case the restrictions and obligations on the use and disclosure of the Confidential Materials imposed by this Agreement shall also apply to such additional information to the extent permitted by Florida law.Any such additional confidential or trade secret information shall be duly marked and stamped"confidential"or"trade secret"prior to delivery to OOPS, and shall be subject to this Agreement and Section 812.081(2),F.S.,only if written receipt is provided by OCPS acknowledging receipt of such materials. 3. Exclusions: For purposes of this Agreement,the term"Confidential Materials"does not include the following: (a) Information already known or independently developed by OCPS; (b) Information in the public domain through no wrongful act of OCPS; (c) Information received by OCPS from a third party who was legally free to disclose it; (d) Information disclosed by Bidder to a third party without restriction on disclosure; (e) Information disclosed by requirement of law or judicial order, including without limitation Chapter 119, F.S.;or (f) Information that is disclosed with the prior written consent of Bidder, but only to the extent permitted by such consent. ITB1804070 39 4. Non-Disclosure by Bidder: In the event t OCPS discloses confidential or trade secret information to Bidder, Bidder agrees to not disclose such inf rmation to any third party or copy such information or use it for any purpose not explicitly set forth herein without OCPS's prior written consent. Further, upon conclusion of discussions or business transactions between OCPS and Bidder, or at any time upon request of OCPS, Bidder agrees to return such information(including any copies)to OC PS. 5. Duty of Care: Each Party agrees to treat the other Party's confidential or trade secret information with the same degree of care, but not less than reasonable care,as the receiving Party normally takes to preserve and protect its own similar Confidential Information and to inform its employees of the confidential nature of the disclosing Party's information and of the requirement of nondisclosure. In the event either Party has actual a knowledge of a breach of the nondisclosure requirements set forth in this Agreement,the Party acquiring such knowledge shall promptly inform the other Party and assist that Party in curing the disclosure,where possible, and preventing future disclosures. 6. Limitations of Florida Law: Bidder understands and agrees that its assertion that any item is confidential or a trade secret does not, in and of itself, render such material exempt from the Florida Public Records Law, Chapter 119, F.S., and that OCPS's ability to prevent disclosure of confidential and trade secret information may be subject to determination by a Florida court that such materials qualify for trade secret protection under Florida law. In the event a third party makes a public records request for the Confidential Materials or other materials deemed by Bidder to be confidential or a trade secret, OCPS may submit the materials to OCPS court for inspection in camera as set forth in Section 119.07(1)(g),F.S.. Bidder further understands that OC PS may be required to disclose such information if directed by a court of competent jurisdiction. 7. Indemnification by Bidder: In the event of any litigation instituted by a third party to compel OCPS to disclose such materials, Bidder shall,at its sole cost and expense, provide assistance to OCPS in defending the denial of the records request, and shall hold OCPS harmless from any claim for statutory costs and attorney's fees arising from OCPS's refusal to disclose such materials. 8. No Additional Obligations: This Agreement shall not be construed in any manner to be an obligation for either Party to enter into any subsequent Contract or agreement. 9. Sovereign Immunity: Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of OCPS beyond any statutory limited waiver of immunity or limits of liability,which has been or which may be adopted by the Florida Legislature. regardless of the nature of any claim which may arise, including but not limited to a claim sounding in tort, equity or contract. In no event shall OCPS be liable for any claim or claims for breach of contract, including without limitation the wrongful disclosure of confidential or trade secret information for an amount which exceeds,individually and collectively,the then current statutory limits of liability for tort claims. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against OCPS, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 10. Notice: Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail,with return receipt requested, addressed to the party for whom it is intended, at the place last specified,and the place for giving of notice in compliance with the provisions of this paragraph. For the present, Bidder designates the address set forth above as its place for receiving notice, and OCPS designates the following address for such notice: Orange County Public Schools Director, Purchasing and Contracting 445 W.Amelia Street Orlando, FL 32801 Orange County Public Schools Director, Facilities and Construction Contracting 6501 Magic Way, Building 101B Orlando, FL 32809 ITB1804070 40 \K ?C 11. Governing Law: This Agreement shalloverned by the laws of the State of Florida, and venue for any action arising out of or relating to the subject matter of this Agreement shall be exclusively in Orange County, Florida,or the Federal District Court for the Middle District of Florida, Orlando Division. 12. Bidder and OCPS hereby expressly waive any rights either may have to a trial by jury of any civil litigation related to this Agreement for any litigation related to or arising from this Contract. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year as set forth below. Orange County Public Schools: Bidder: By: By: Title: Sr. Director of Purchasing & Contracting Title: Date: Date: ITB1804070 41 DESCRIPTION OF CONFIDENTIAL MATERIALS \\'\V J ITB1804070 42 APPENDIX G DEBARMENT AND SUSPENSION CERTIFICATION Instructions for Certification 1. By signing and submitting this form, the prospective primary participant is providing the certification set out above in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction unless it knows that, the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. ITB1804070 43 This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017,Section 3017.510,Participants'responsibilities.The regulations were published as Part IV of the January 30,1989 Federal Register(pages 4722-4733).Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; ii. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,State or local)transaction or Contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery. bribery,falsification or destruction of records,making false statements,or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and iv. Have not within a three (3) year period preceding this application/proposal had one or more public transactions(Federal,State or local)terminated for cause or default. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participants shall attach an explanation to this proposal. Quality Cable Contractors Inc. Name ITB1804070 Infrastructure Wire and Equipment Solicitation Gabriel Del Rio - Vice President 10/08/2018 Name(s) and Title(s) of Authorized Repre• •'ahs= • . Ire Date ITB1804070 44 APPENDIX H MWBE/LDB PARTICIPATION GUIDELINES Bidder understands that OCPS is committed to an increase in the number of qualified minorities, women, and veterans who wish to provide supplies, equipment, or services to OCPS. OCPS has established as goals for such participation that twelve percent(12%)of the total cost of the purchasing contracts to will provided by Minorities or Women-owned Business Enterprises ("MWBE"); ten percent (10%) will be provided by Local Developing Businesses ("LDB"); and three percent (3%) will be provided by Veteran Business Enterprises ("VBE"). Accordingly, Bidder hereby certifies that he/she will use his/her best efforts to achieve the Board's goals in the administration of this contract, unless waived as provided herein. MWBE/ LDB /VBE Participation may be provided through any combination of the following elements: • Where the company is certified by agencies accepted by OCPS, the total amount of the order shall be used as the amount of participation. • For subcontractors' participation, where the purchase of material and/or service is obtained from minority/women distributors or manufacturers, the amount of participation for this element will be the relative portion of the total amount of the order in proportion to the percentage of the value for that amount of materials, which is obtained from minority/women distributors or manufacturers. All firms must submit a completed Office of Business Opportunity MWBE/LDBNBE subcontractor form. MWBE/ LDB / VBE firms shall submit valid proof of certification with the bid. • Each MWBE firm shall submit a copy of a valid MWBE certification from the City of Orlando, Orange County Government, State of Florida or the National/Florida Minority Bidder Development Council (NMSDC/FMSDC) and the Women Business Enterprise National Council (WBENC). • Each LDB firm shall submit a valid LDB letter of certification issued by the Greater Orlando Aviation Authority or a copy of their OCPS LDB Certificate. • Each VBE firm shall submit a valid VBE certification from the State of Florida or by the United States Department of Veterans Affairs through the Center of Verification and Evaluation (CVE). A firm must be certified by the bid award date. A bidder may be considered non-responsive and may be rejected, at the sole discretion of OCPS, if the bidder fails to provide the required data. OCPS shall be the final authority in determining whether a bidder qualifies as an MWBE, or LDB or VBE firm for purposes of this bid. For clarification regarding OCPS' MWBE, LDB or VBE programs and/or for LDB certification, please contact The Office of Business Opportunity (407) 317- 3739 or visit the website at: http://www.obo.ocps.net. ITB1804070 45 CERTIFICATE OF MWBE/LDB/VBE PARTICIPATION The Office of Business Opportunity ("OBO") is responsible for determining MWBE, LDB and VBE participation by Bidder upon review of a Bid Submittal to provide supplies, equipment, or services to OCPS. Bidder must include with the Bid Submittal this CERTIFICATE OF MWBE, LDB and VBE PARTICIPATION and documentation of its status from the certifying agency. Thereafter, OBO will determine whether the Bidder is in compliance with the MWBE, LDB and VBE participation goals contemplated herein. Prior to the award of the contract and periodically throughout the term of the contract, Bidder must demonstrate that it is in compliance with the goals for MWBE, LDB and VBE participation. If, at any time before or after the award of contract, Bidder determines that he/she will be unable to comply, Bidder may request an evaluation of Good Faith by OBO. An OBO Specialist will make an analysis to verify that Bidder has made a diligent, good faith effort to meet the goals for MWBE, LDB and VBE participation, but due to circumstances beyond its control, it is impossible for the Bidder to comply. Notwithstanding, any of the forgoing requirements relating to the MWBE, LDB and VBE Participation Guidelines contained in Appendix I, OCPS reserves the right to waive any technical requirements relating to the submission of the certificates granting MWBE Ownership, LDB or VBE statuses, if to do so would benefit OCPS in the increase of MWBE, LDB and VBE participation in contracts originating in the Procurement Services Department. ITB1804070 46 APPENDIX I MWBE/LDBNBE SUBCONTRACTOR PARTICIPATION OCPS has established annual participation levels for the procurement of goods and non-professional services with Minority-Owned & Women-Owned Business Enterprises (MWBEs), Local Developing Businesses (LDBs)and Veter a n s Business Enterprise (VB Es). For the purpose of calculating the MWBE, LDB and VBE participation percentages,only those dollars awarded to Certified MWBE, LDB and VBE Bidders will be utilized. Monies contracted or subcontracted to MWBE, LDB and VBE Bidders are included in the calculation. As a result, Bidders are asked to include certified MWBE, LDB and VBE subcontractor participation information below. If Bidder has questions regarding a vendor's certification, he/she may contact the OCPS Office of Business Opportunity at(407) 317-3739. Please complete the information below showing Bidder's commitment to subcontract at least twelve percent(12%)of its business related to this solicitation to one or more MWBE and ten percent (10%) for one or more LDB Bidders and three percent(3%)for one or more VBE Bidders. Overall percent of MWBE Sub-Bidder Participation expected: 50% Overall percent of LDB Sub-Bidder Participation expected: 47% Overall percent of VBE Sub-Bidder Participation expected: 3% Please complete the following table by indicating the name of the sub-contracting firm,whether or not the firm is an MWBE and/or LDB and/or VBE, the type of work or material to be supplied by the sub-Bidder, anticipated dollar value, and the anticipated percent of the Contract value. Sub-Bidder MWBE Type of Work/Material $Value % of Contract and/or Value LDB and/or VBE Diversified VBE Low Voltage Material Supplier $59,053.95 3% Supply,Inc. Quality Cable MWBE Low Voltage Cabling Installer $984,232.50 50% Contractors Inc. Quality Cable LDB Low Voltage Cabling Installer $925,178.55 47% Contractors Inc. If Bidder has more than two MWBE, LDB and VBE vendors, Bidder should include information for additional MWBE, LDB, and VBE vendors on an additional sheet of paper. Bidder agrees to supply subcontractor payment information to OCPS. The due date and report format will be established upon award of the contract. Quality Cable Contractors Inc. Ignature Company Name Gabriel Del Rio-Vice President Printed Name and Title ITB1804070 47 eaniN ` ORANGE COUNTY PUBLIC SCHOOLS OFFICE OF BUSINESS OPPORTUNITY I 6501 MAGIC WAY BUILDING 101 F PORLANDO, FL 32809 (407) 317-3739 FAX (407) 317-3784 May 10, 2018 Mr. Gabriel Del Rio Quality Cable Contractors, Inc. 207 N. Goldenrod Road, Suite 600 Orlando, Florida 32807 SUBJECT: M/WBE and LDB Certified Dear Mr. Del Rio, This letter is to certify that Quality Cable Contractors, Inc. is an approved Minority/Women Owned Business Enterprise (M/WBE) and Local Developing Business (LDB) vendor for Orange County Public Schools, Office of Business Opportunity. Quality Cable Contractors, Inc. is M/WBE certified and LDB certified by The Greater Orlando Aviation Authority (GOAA). Their certification will be effective through February 4, 2019. Quality Cable Contractors, Inc. is an active provider in OCPS' Office of Business Opportunity Provider's Directory. If you have any questions or need assistance I can be contacted at the telephone number provided below. Sincerely, <‘ � Nestaly "Dolly" Morales Supplier Diversity Specialist Office of Business Opportunity 407-317-3700 Ext. 2025021 Nestaly.moralesta'�.ocps.net .... .r1 i ,,... Q 1 gg .• , 7:, 011 Li_Ii W 0...... Wu m0 U -ocu I > O a aQ 0 CA CO V a) 4.. , ‘ F ti g . •, w . L •�• u) a 0 N o 0 ° z L d 11 W o '*'' 12C Nam 0 u- 0 5cc 5 LIJ ra o g • Vcm,tp w a 1011 W L Lo ,71 U n LUo m :w I: U _ .W ;1IIIIIO O z ao E N = atwzN � . aiQ i 4) 2 ft w > y 5 <' s • 03 0 Jo 5 2 � 5 .— uJ 0. \u)\ k .--„ _ . >, , 0r x Z tcl ., • U o ♦r F- a O� W W a) J" acc, o ' 0392 . .. sack Q oia i EL .- N N N O Y=H Q O � Z i 0 ORLANDO INTERNATIONAL AIRPORT IMme. Orlando International Airport 5850 B Cargo Road Orlando, Florida 32827-4399 Phone: (407)825-7133 Fax: (407)825-3004 April 23, 2018 Mr. Gabriel del Rio Quality Cable Contractors, Inc. 207 N. Goldenrod Rd. Suite 600 Orlando, FL 32807 Local Developing Business (LDB)& Minority/Women Business Enterprise(M/WBE) Certification Expiration Date: February 4, 2021 Dear Mr.del Rio: The Small Business Development Department of the Greater Orlando Aviation Authority(Authority)is pleased to announce that your firm, Quality Cable Contractors, Inc. has been certified as both a Local Developing Business(LDB) &Minority/Women Business Enterprise(MWBE), under the Authority's Local Developing Business(LDB)& Minority/Women Business Enterprise Policies. Please be advised that these certifications are not equivalent and should not be construed as certifications under the Authority's Disadvantaged Business Enterprise(DBE) Policy promulgated pursuant to the Department of Transportation's regulations, or the Authority's Small Business Enterprise(SBE)or Service Disabled Veteran Business Enterprise (SDVBE) Policies. LOB and MWBE certifications are NOT a guarantee of work, but enable the firm to compete for, and perform, contract work on all Authority projects as an LDB and/or MWBE contractor, sub-contractor, consultant, sub- consultant or material supplier. Your company's LDB and MWBE certification with the Authority will be effective through February 4,2021. For re-certification at the end of the three (3)year period you must reapply for LDB and MWBE, certification.Your renewal application should be submitted sixty(60)days prior to expiration of your current certification. You may complete your renewal application online at https://goaa.diversitycompliance.com. If,there is a material change in the firm, including, but not limited to:ownership, officers, directors, scope of work being performed, daily operations, affiliations with other businesses or individuals, physical location of the firm,or the owner's PNW exceeds$750,000 prior to your renewal date you must promptly notify this office in writing. Notification should include supporting documentation. Congratulations on your LDB and MWBE certifications.Your renewal date is January 4, 2021. Please contact our office at 407-825-7133 or dbe@goaa.org if you have any questions or if we can be of any assistance. Sincerely, / Ge.'•: I. 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' vl o > U.1 tj- - d - O J g L �., W Q o IX W > o I �, Y a 1- U W in W ] r� •� c ,, 4 • X' licefirluil 0.1.1 cN1Il .�� • • c1_, ,'v r ,; P Elf ON TRAcm s,INC. 207 N.Goldenrod Rd.Ste 600 Orlando,FL 32807 Offering our services to Central Florida Since 1986 Phone systems, Voice, Data, Fiber Optics, CATV Cabling, Security Cameras Company Profile Quality Cable Contractors,Inc.was established in 1986 by Jorge del Rio.We offer products and services to a wide array of clients in government,commercial and residential areas.We specialize in the installation and service of Voice/Data/Fiber Optics and CATV systems,including underground OSP and Premise Distribution Systems. Areas of Expertise • BUSINESS PHONE SYSTEMS -DESIGN,INSTALLATION&SERVICE -ADDITION OR REPLACEMENT OF PHONE LINES • NETWORKING -CERTIFIED NETWORK CABLING SOLUTIONS -DATA CENTERS -ADDITION&REPAIR OF DATA LINES -NETWORK SETUP • FIBER OPTICS -CERTIFIED INSTALLATION INSIDE WIRING&UNDERGROUND -ADDITION OR REPAIR -OTDR TESTING AND FIBER SPLICING • BUSINESS AND HOME STRUCTURAL WIRING -VOICE,DATA,&CATV -INTERCOM -HOME AUDIO -VACUUM SYSTEM • C.A.T.V.AND C.C.T.V -DESIGN,INSTALLATION&SERVICE OF CABLE TV AND SURVEILLANCE SYSTEMS. • CLASS CONNECTION INTERCOM SYSTEMS -CERTIFIED DESIGN,INSTALLATION&SERVICE • ACCESS CONTROL • ALARM SYSTEMS Experience GREATER ORLANDO AVIATION AUTHORITY CONTINUING CONTRACT 2011 TO PRESENT • Voice/Data/CATV • Wireless Access Points • IP Camera Installations • Fiber Optic cable installation,termination,splicing,and OTDR testing • New Communications Room Build outs 207 N. Goldenrod Road, Suite #600 Orlando, FL 32807 Phone 407-246-0606 Fax 407-482-5942 E-mail:info@Acciorlando.com www.acciorlando.com 207 N.Goldenrod Rd.Ste 600 Orlando,FL 32807 Offering our services to Central Florida Since 1986 Phone systems, Voice, Data, Fiber Optics, CATV Cabling, Security Cameras BP443 GREATER ORLANDO AVIATION AUTHORITY with Simplex Grinnell I AUGUST 2017 TO PRESENT • Voice/Data/CATV • IP Camera Installations • Fiber Optic cable installation,termination,splicing,and Tier 2 testing • New Communications Room Build outs ORANGE COUNTY PUBLIC SCHOOLS I CONTINUING CONTRACT 1994-2002,2007 PRESENT • This project consists of an ongoing Low Voltage Contract with OCPS.It involves installation of Voice,Data,Fiber Optics,and CATV to new and existing construction.It includes underground Back Bone and Horizontal Cabling installation. The work is done for existing,new schools,portable classrooms,office areas,computer labs,as well as additions,moves and changes to existing networks.This contract also requires emergency response,24 hours,7 days a week year around.We troubleshoot and fix any fiber,voice,data,or CATV issues that may arise. OIA ITF AND PDL BUILDINGS NEW TRAIN TERMINAL I COMPLETED MAY 2018 • New Construction • Fiber Optic cable installation,termination,splicing,and OTDR testing • All Copper Data Infrastructure • New Communications Room Build outs SUMTER COUNTY EMERGENCY OPERATIONS CENTER I COMPLETED DECEMBER 2017 • New Construction • Fiber Optic cable installation,termination,splicing,and OTDR testing • All Copper Data Infrastructure • New Communications Room Build outs WEST ORANGE HIGH SCHOOL NEW CONSTRUCTION I COMPLETED JULY 2017 • New Construction • Fiber Optic cable installation,termination,splicing,and OTDR testing • All Copper Data Infrastructure • New Communications Room Build outs MOLLIE RAY ELEMENTARY NEW CONSTRUCTION(COMPLETED JULY 2017 • New Construction • Fiber Optic cable installation,termination,splicing,and OTDR testing • All Copper Data Infrastructure • New Communications Room Build outs LAKE NONA ELEMENTARY NEW CONSTRUCTION I COMPLETED JULY 2017 • New Construction • Fiber Optic cable installation,termination,splicing,and OTDR testing • All Copper Data Infrastructure • New Communications Room Build outs LAKE NONA MIDDLE SCHOOL NEW CONSTRUCTION I COMPLETED JULY 2017 • New Construction • Fiber Optic cable installation,termination,splicing,and OTDR testing • All Copper Data Infrastructure • New Communications Room Build outs 207 N. Goldenrod Road, Suite#600 Orlando, FL 32807 Phone 407-246-0606 Fax 407-482-5942 E-mail: info a�cciorlando.c or www.qcciorlando.com r • ► O, *• S.* : INC. , 207 N.Goldenrod Rd.Ste 600 Orlando,FL 32807 Offering our services to Central Florida Since 1986 Phone systems, Voice, Data, Fiber Optics, CATV Cabling, Security Cameras HYATT REGENCY GRAND CYPRESS I COMPLETED JANUARY 2016 This Project consists of installing 293 Data drops for access points.Fiber is also being installed in this project. GOAA HBJ TO CE BUILDING FIBER INSTALLATION I COMPLETED JULY 2015 • This Project consisted of installing a 144 Strand Single Mode Fiber from the HE'building Comm Room to the CE Building Comm Room at the Orlando International Airport.Directional boring and fiber terminations were done. A total of 23,500 feet of fiber was installed in this project. GOAA LEVEL 1,2,AND 3 LAND SIDE A WIRELESS ACCESS POINTS j COMPLETED MAY 2014 • These projects consisted of installing conduit from Comm rooms to each access point.New IDF's were created for some Comm rooms in these projects.New Relay Racks and Cable Trays were installed to accommodate the new cabling.Fiber back bone was installed,terminated and tested to some locations.AP's and Antennas were installed.This job was completed ahead of schedule. EXTERNAL WAY FINDING SIGNS AT ORANGE COUNTY CONVENTION CENTER[THROUGH CAFE CONSTRUCTION AND DEVELOPMENT]I COMPLETED APRIL 2014 • This project consisted of underground directional boring,trenching and installing 4"conduit with inner-duct, vaults,junction boxes and install fiber to 13 Way Finding Sign on North and West sides of OCCC.The fiber was run from MDF through manholes,conduit systems and terminated at each of the 13 signs.In this project we had to install terminate,splice,and OTDR tested a 96 strand SM fiber to a manhole.From the man hole a 12 strand SM fiber was run and spliced to each individual sign. GOAA JETBLUE CCTV AT AIRSIDE 1 I MARCH 2013 • Installed,terminated,and tested 2 data drops to each of the cameras for JetBlue.This job also included conduit installation from the Comm rooms to the cameras. HYATT AT ORLANDO INTERNATIONAL AIRPORT:GUEST ROOM FIBER I COMPLETED JUNE 2013 • Installed,terminated,and tested Fiber Optic Cabling to 225 Guest Rooms.We also installed Conduit for the fiber backbone and ran fiber from GOAA Comm rooms to Hyatt Comm Rooms. THE JACKSONVILLE BRIDGES,CHRISTIAN PRISON MINISTRIES I COMPLETED AUGUST 2013 • This project consisted of brand new construction with five buildings.QCCI Installed all Low Voltage Systems for the entire project including Voice,Data,Fiber Optics,Cable TV,Access Control,Thermostat,Lighting Controls, and over 150 Security Cameras.Design and Installation of MDF and IDF's for entire project.All back bone infrastructure for fiber,voice,and CATV was installed for new buildings. Education, Training, and Certifications • FL State License Low Voltage System Specialty Contractor#ES0000248 since 1997 • FL State License Alarm Systems 2#EG13000643 • Certified with Belden,Panduit,OCC,and Hubbell • Various technical courses and continued education for low-voltage license requirements • Certified Technicians in Confined Spaces • MBE,DBE,and LDB with Greater Orlando Aviation Authority • MBE with the City of Orlando • DBE in the State of Florida 207 N. Goldenrod Road, Suite#600 Orlando, FL 32807 Phone 407-246-0606 Fax 407-482-5942 E-mail: infoq4cciorlando.coin www.qcciorlando.com EXHIBIT B r ORANGE COUNTY PUBLIC SCHOOLS Facilities&Construction Contracting UUU Bid Price Sheet Bid Title: Infrastructure Wire and Equipment Bid M: 1701804070 MATERIALS Item N Description Unit Price(%) Unit of Measure Est.Quantity Extended Price Cat6 CableMohawk ora roved alternative)Cable(Mohawk 4" Ea. $225,000 31 500.00 furnished shall be a percentage above cost $ Cet6A Cable(Mohawk or approved alternative) 2 furnished shall be a percentage aoove test 4` ta. $z25,000 $31,500.00 Cabinets and Miscellaneous Cabinet Parts(Hubbell 3 RE4,Groat Lakes) :4% Ea. $270,000 $37,800.00 furnished shall be a percentage above cost Fiber Optic Cable(0M4 50 Micron Multi-mode) a.4 ) I 10,52000 $29,400.00 furnished shall be a percentage above cost Cat 6lacks,Patch Panels,AMO,Face Plates,etc. [Hubble or approved alternative) 1.4 yu I a. $135,000 $ 18,900.00 • furnished shall be a percentage above cost Materials and Supplies C 6 not listed above furnished shall be a percentage above 14 Ea. 590,000 $ 12,600.00 cost LABOR Item N Description Unit Price($) Unit of Measure Est.Quantity Extended Price 7 Weekday Labor Rate-Cable Installation $ 28.00 Four' 20.000 $560,000.00 (Cat,Coax,Fiber)Monday-Friday 7AM-7 PM Evening/Weekend Labor Rate-Cable Installation 8 (Cat,Coax,Fiber)Monday Friday 7 PM 7AM,and $ 36.50 ,our:y 1.610 $60,225.00 Weekends 9 Weekday Labor Rate-Cable Removal&Disposal $ 15.00 Hourly cm (Cat,Coax,Fiber)Monday-Friday 7 A-7 2M `p 24,000.00 Evening/Weekend Labor Rate-Cable Removal& • IC Disposal (Cat,Coax,Fiber)Monday-Friday 7 PM-7 $ 10.00 Hourly sir $ 1,600.00 AM and Weekends Weekday Labor Rate-Cable Repair C 11 $ICat,Coax,Fibe') Monday-Friday 7 A-7 PM 45.00 Hourly 55 $2,475.00 Evening/Weekend Labor Rate-Cable Repair 12 (Cat,Coax,Fiber)Monday-Friday 7 PM-7 A $45.00 Hourly ;- $495.00 &Weekends 13 Weekday Labor Rate to Install Network 45.00 Hourly 55 switchgear,WAP's,BackUPS units,etc. $2,475.00 14 Evening/Weekend Labor Rate to Install Netwo'k $45.00 Hourly is $495.00 switchgear,WAP's.BackUPS units,etc. Add Estimated Cost of Materials: 1 155 000.00 Total Cost of bid Price: $ 1 968_465.M toff