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Item 06 Approval to Piggyback off Orange County Public Schools’ Contract for Installation of a Chain Link Fence with All-Right Fence Services, Inc. ocoee florida AGENDA ITEM COVER SHEET Meeting Date: July 16, 2019 Item # OCP Reviewed By: Contact Name: Mark Johnson Department Director: /If Contact Number: 407-877-5803 City Manager: t 7 %7 Subject: Approval to Piggyback off Orange County Public Schools' Contract for Installation of a Chain Link Fence with All-Right Fence Services, Inc. Background Summary: As part of improvements for Vignetti Park, the Parks and Recreation Department is proposing to upgrade and replace the existing fence for the softball fields. Staff is requesting permission to piggyback off the Orange County Public Schools Contract#ITB1502028 for these services. All-Rite Fence Services, Inc., has submitted a proposal to supply and install the fence in accordance to the plans, with unit pricing, in the amount of$26,342.40 per field, based upon the aforementioned contract. The Parks and Recreation Department will replace the fencing on two (2) fields for a total of$52,684.80. Issue: Should the Commission approve piggybacking off the Orange County Public Schools#ITB1502028 contract and award supplying and installation of the fence with All-Rite Fence Services, Inc., in the amount of$52,684.80? Recommendations: Staff recommends proceeding with piggybacking off the Orange County Public Schools #ITB1502028 contract and awarding the supplying and installation of the fence with All-Rite Fence Services, Inc., in the amount of $52,684.80 for the two (2) fields. Attachments: • All-Rite Fence Services, Inc. Proposal • Fence Contract with Orange County Public Schools - #ITB1502028 Financial Impact: Funds in the amount of $125,000 are appropriated in the Parks and Recreation Department Budget, account number 317-572-10-6302 (Job# 30510), for replace chain link fence on bailfields at Vignetti Park. Type of Item: (please mark with an 'k') Public Hearing For Clerk's Dept Use: Ordinance First Reading Y Consent Agenda Ordinance Second Reading (� Public Hearing Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () -0 N/A 2 5115 Ofd Winter Garden Rpad LL.RITE Orlando, Tforida 32811 FENCE SERVICES, INC. \\ 407-295-7093 Fax407-292-8550 "A FENCE FOR EVERY PURPOSE' Proposal To: City of Ocoee Parks Proposal# :13845 150 N. Lakeshore Drive Date: 05/23/2019 Ocoee FL 34761-2258 Attn: Dan Abdo Description Amount Revised 6/27/19 Vignetti Park Item#4: Furnish&install 752 LF of 6' high vinyl chain link ©$15.00 PLF=$11,280.00 Item#9: Remove 970 LF of chain link© $3.00 PLF=$2,910.00 Item#29: (2)6 x 4 single gates @$175.00 each=$350.00 Item#31: (4)6' high x 5'wide double gates© $135.00 each=$540.00 Item#107: (21) 3"terminal/gate post©$200.00 each=$4,200.00 Item#115: 1012 LF of vinyl coated top rail @$4.00 PLF=$4,048.00 Item#119: (16)6'colored stretcher bars @$35.00 each=$560.00 Equipment: Bobcat @ $600.00 per job=$600.00 Dumpster for disposal=$600.00 Total=$25,088.00 x 5%=$1,254.40 26,342.40 Excludes: clearing, grading, staking, &permit. Per Orange County Public School Contract Bid#ITB1502028. This proposal is valid for 30 days, please contact your salesperson to proceed Non-Taxable Amount: 26,342.40 with work. Taxable Amount: 0.00 Sales Tax: 0.00 Salesperson: Russell Lee russell@allritefence.com Proposal Total: $26,342.40 c' Serving Central crloricla Since 1967 (0)(C) ORANGE COUNTY PUBLIC SCHOOLS rz O FACILITIES & CONSTRUCTION CONTRACTING 6501 Magic Way Bldg.101B,Orlando,Florida 32809 Telephone 407.317.3791 Fax 407.317.3752 April 8,2019 All-Rite Fence Services,Inc. Attn: Rayana Ramoo Email: rayana@allritefence.com Dear Ms. Ramoo: The contract entitled Fencing Furnish & Install, solicitation # ITB1502028, is due to expire on April 17, 2019. We wish to consider our option to extend the contract for an additional 6 months. On one of the statement lines below, please have the Authorized Representative place his or her signature on the appropriate line. I, [)QVI Crli1..// , agree to extend subject contract through 10/17/19 with all provisions remaining in full force. If you are not interested in extending this contract,please complete the following statement. I, , do not agree to extend subject contract. If you are not extending,please list the reason: Please print or type the aboved Authorized Representative name and title in the space provided below: il(1-74 4/071,2Y.S: 03 Authorized Representative Name/Title Authorized Representative Telephone Number Please email to Becky.Teixeira0ocgs.net or fax this completed form to 407-317-3752. It will be interpreted that you do not wish to extend the contract if this form is not returned within seven (7) business days from the date of this correspondence. The School Board of Orange County reserves the right to re-bid all items on this bid if extensions are not received on all items. If you have any questions, please do not hesitate to contact Becky Teixeira at 407-317-3700 extension 2024147. Regards, 11. \ it ' a Becky Te• - ra, Senio Specialist Facilities onstruction Contracting ,O ORANGE COUNTY PUBLIC SCHOOLS UO FACILITIES & CONSTRUCTION CONTRACTING 6501 Magic Way Bldg.101B,Orlando,Florida 32809 Telephone 407.317.3791 Fax 407.317.3752 August 30, 2017 All-Rite Fence Services,Inc. Attn:Darrin Anderson Email: darrin@allritefence.com Dear Mr. Anderson: The contract entitled Fencing Furnish & Install, solicitation # IT131502028, is due to expire on April 17,2018. We wish to consider our option to extend the contract for an additional 12 months. On one of the statement lines below, please have the Authorized Representative place his or her signature on the appropriate line, I r1 I, JQVid (T`i 1>' . agree to extend subject contract through 04/17/19 with all provisions remaining in full force. If you are not interested in extending this contract,please complete the following statement. I, ,do not agree to extend subject contract. If you are not extending,please list the reason: Please print or type the aboved Authorized Representative name and title in the space provided he '.w: 6/.44," Prr 4.17-29I -7os-5? Authorized Representative Name/Title Authorized Representative Telephone Number Please email to Edwin.Rivera@ocps.net or fax this completed form to 407-317-3752. It will be interpreted that you do not wish to extend the contract if this form is not returned within seven (7) business days from the date of this correspondence. The School Board of Orange County reserves the right to re-bid all Items on this bid if extensions are not received on all items. If you have any questions, please do not hesitate to contact Angel Valenson at 407-317-3700 extension 2002304. Regards, 1, (� l, William E.Ames, Director Facilities&Construction Contracting C0 ORANGE COUNTY PUBLIC SCHOOLS OOFACILITIES & CONSTRUCTION CONTRACTING 6501 Magic Way,Orlando,FL 32809 Telephone 407.317.3700 Fax 407.317.3765 April 15, 2015 NOTICE OF AWARD RE: SCHOOL BOARD APPROVAL The School Board of Orange County meeting in official session on April 14, 2015, voted to award the bid for Fencing Furnish & Install, ITB1502028, to the following company(s) at the prices listed on the bid tabulation sheet. Primary Vendors: All-Rite Fence Services, Inc. Chapco Fence, LLC KMG Fence, LLC Alternative Vendor: Commercial Fence Contractors, Inc. The initial contract period shall be from April 17, 2015 through April 17, 2017. This letter is notification of award only. Do not ship or order materials without an authorized purchase order. Purchase orders shall be placed as needed by Orange County Public School personnel and delivery must be completed within the time specified in the bid. Upon receipt of this letter, please submit a current certificate of insurance to Facilities & Construction Contracting at the address above. Regards, ;Jill M. Poolman ./ Facilities &Construction Contracting Z., The School Board of Orange County, Florida (Orange County Public Schools) U� ORANGE COUNTY PUBLIC SCHOOLS l"1 Facilities&Construction Contracting (P)rg. Bid Information Sheet eidnue: Fencing Furnish&Install 4/17/15-10/16/15 Assigned vendor must be Bid d: 1T81502028 Vendor Area contacted first for all work less School Board Award than$15,000;for any work Date: 4/14/2015 Chapco Fence Northwest greater than$15,000 all vendors Contract Period: 4/17/15-4/17/17 KMG Fence Northeast must be contacted'For quotes.All Extended Through: All-Rite Fence South vendors may be contacted Awarded Amount: $1,000,000 ,regardless of amount for quote. Purchasing Group d: 206 10/17/15-4/16/16 Specialist: Jill Poolman Vendor Area Product category: 30152000 Chapco Fence, South KMG Fence \ Northwest All-Rite Fence Northeast • Vendor Contact Vendor If Vendor Phone Fax Email Address Darren Anderson 134358 All-Rite Fence Services,Inc. 407-293-7058 407-292-8550 Darrin@aliritefence.com Tabitha Mills 1019040 Chapco Fence,LLC 407-892-6447 407-892-9765 chapcofence@aol.com Karen Grlmsley 134366 KMG Fence,LLC 407-654-7600 407-654-4700 km,g(akmgfence.com Chapco Fence, KMG Fence,LLC ''u'''tq" -354._ LLC ''6.7.'05.,-.4111 Material Master 5 item p-1 Description Unit of Measure Unit Price Unit Price Unit Price Scope of work: Furnish&Install Chain Unk Fencing-Includes fabric,tine post,post caps,concrete footings,tension wires and fittings.(Notes 1.5).Terminal Post,strectcher bar,Top Rall and • hardware not Included. 1 4 ft.high,Galvanized fencing lineal foot $8.69 $9.90 $7.03 2 4 ft.high,Colored Vinyl fencing Ilneal foot $11.25 $10.75 $12.00 3 6 ft.high,galvanized fencing lineal foot $10.25 $11.00 $8.85 4 6 ft high Colored Vtnvl fencing lineal foot $12.84 $13.50 $15.00 Scope of work: Relocate or remove existing fencing,Including fabric,line posts,top calls,tension wires and fittings.Fill all post holes with clean fill,and haul away any and ell fence det/ris, Including disposal of fence and posts.(Notes 1-5). 5 Relocate existing 4 .hi lancing lineal foot $5.25 $5.50 $3.50 6 Relocate existing 6 ft,high fencing lineal foot $6.25 $6.60 , $3.75 _ 7 Relocate existing 8ft.high fencing lineal foot $7.25 $8.80 $3.75 B Relocate existing SO ft.filth fencing lineal foot $8.25 $9.90 $3.75 9 Remove and dispose of damaged fencing material lineal foot $2.00 $1.50 S3•00 Scope of work:Furnish&install Temporary Galvanized Chain-link Fencing.All materials furnished by the fencing contractor,and remain the property of the fencing convector.(Notes 1-5). Price shall include installation and Removal of fencing. 10 Temporary-4 ft.high,Galvanized lineal foot $2.75 $3.00 $1,50 _ 11 Temporary-6 ft.high Galvanized lineal foot $3.50 $5.00 / $2.50 12 Temporary-4 ft.hien,Galvanized lineal foot $4.50 $7.00 $2.75 13 Temporary-10 ft.high Galvanized lineal foot $6.50 $9.00 $3,00 Scope of work:Furnish&install Hinged Swing Gate,4 ft.high complete,with all mounting hardware,latching hardware and fabric included.(Notes 1-5).Gate Post not Included. Configured as Single or Double Gate Swing. 14 3 ft.width-Galvanized each $125.00 $110.00 $65.00 15 3 ft.width-Colored Vinyl each $150.00 $143.00 $70.00 16 4 ft.width-Galvanized each $140.00 $143.00 $70.00 17 4 ft.width-Colored Vinyl each $170.00 $187.00 I $90.00 18 5 ft.width-Galvanized each $150.00 $165.00 $75.00 19 5 ft.width-Colored Vinyl cad: $175.00 $215.00 $80.00 20 6 ft.width-Galvanized each $155.00 $175.00 $80.00 21 6 ft.width-Colored Vinyl each $190.00 $230.00_ $100.00 • 22 i0 ft.width•Galvanized each $225.00 $220.00 $85.00 23 10ft.width-Colored Vinyl each $275.00 $290.00 $90.00 24 12 ft.width-*3alyniriecl each $250.00 $265.00 $90.00 25 12 ft.width-Colored Vinyl each $305.00 $330.00 $95.00 Scope of work:Furnish&install Hinged Swint Gate,6 ft.high,complete,with all mounting hardware,latching hardware and fabric Included,(Notes 1-5). Configured as Single or Double Gate Swing. • 26 3 ft.width-Galvanized each $150.00 $175.00 $120.00 27 3 ft.width-Colored Vinyl each $190.00 $195.00 $125.00 28 4ft.width-Galvanized each $170.00 $200.00 $125.00 "\g Fencing aid Information Sheet \ Page 1 of Material Master U Item ti Description . Unit of Measure Unit Price Unit Price Unit Price 29 4 ft.width-Colored Vinyl . each $200.00 $230.00 $175.00 30 5 ft.width-Galvanized each $185.00 $220.00 $130.00 31 5 ft.width-Colored Vinyl each $225.00 $250.00 $135.00 32 6 ft.width-Galvanized each $200.00 $240.00 • $135.00 33 6 ft.width-Colored Vinyl _ each $250.00 $270.00 $190.00 / 34 10ft:width-Galvanized each $300.00 $330.00 $140.08 V 35 r 10 ft,width-Colored Vihyl each $385.00 $430.00 . $200.00 36 12 ft.width-Galvanized each $325.00 $350.00 $145.00 37 12 ft.width-Colored Vinyl each $400.00 $440.00 $200.00 Scope of work:Furnish&Install Cantilever Sliding Gate.4 ft.high,complete,with all mounting hardware,rollers,guide rails,latching hardware and fabric Included.(Notes 1-5). Configured es Single or Double Gate. 38 Gate opening width of 10 ft.single gate•G v each $750.00 $550.00 $500.00 39 Gate opening width of 10 ft.single gate-Colored Vinyl each $650.00 $660.00 $510.00 40 Gate opening width of 12 ft.single gate-Galvanized each $800.00 $605.00 $520.00 41 Gate opening width of 12 ft.single gate-Colored Vinyl each $900.00 $715.00 $530.00 42 Gate opening width of 14 ft,singlegate-Galvanized. each $850.00 $660.00 $540.00 43 Gate opening width of 14 ft.single gate-Coiored Vinyl each $950.00 $770.00 $550.00 44 Gate opening width of 16 ft.single gate-Galvanized each $850.00 $715.00 $560.00 45 Gate opening width of 16 ft.single gate-Colored Vlnvl each $1,000.00 $825.00 $570.00 46 Gate opening width of 16 ft.double gate(2)-Galvanized each $1,400.00 $1,210.00 $580.00 47 Gate opening width of 16 ft.double gate(2)-Colored Vinyl each $1,800.00 $1,430.00 $590.00 48 Gate opening width of 18 ft.single gate-Galvanized each I $900.09 $770.00 $600.00 49 Gate opening width of 18 ft.single gate-,Lolored Vinyl each 51,200.00 $880.00 $610.00 50 Gate opening width of 18 ft.double gate(2)-Galvanized each $1,500.00 $1,265.00 $620.00 51 Gate opening width of 18 ft.double gate(2)-Colored Vinyl each $1,900.00 $1,485.00 $630.00 52 Gate opening width of 20 ft.single gate-Galvanized each $1,100.00 $1,155.00 $640.00 53 Gate opening width of 20 ft.single gate-Colored Viny) each $1,200.00 $1,320.00 $650.00 54 Gate opening width of 20 ft double gate(2)-Galvanized each $1,430.00 $1,375.00 $660.00 55 Gate opening width of 20 ft.double gate(2)-Colored Vinyl each 52,000.001 $1,595.00 $670.00 Scope of work:Furnish&Install Cantilever Sliding Gate.6 ft,bleb,complete,with all mounting hardware,rollers,guide rails,latching hardware and fabric Included.(Notes 1-5). Configured as Single or Double Gate, 56 Gate opening width of 10 ft single gate-Galvanized each $800.001 $660.00 $550.00 57 Gate opening width of 10 ft,single gate-Colored Vinyl each $900.00 $770.00 $560.00 58 Gate opening width of 12 ft.single gate-Galvanized each $900.00 $715.00 $570.00 59 ,Gate opening width of 12 ft single gate-Colored Vinyl each $950.00 $825.00 $580.00 60 Gate opening width of 12 ft.double gate(2)-Galvanized each $1,200.00 $935.00 $590.00 61 Gate opening width of 12 ft.double gate(2)-Colored Vinyl each $1,500.00 $1,045.00 $600.00 62 Gate opening width of 14 ft,single gate-Galvanized each $950.00 $770.00 $610.00 63 Gate opening width of 14 ft.single gate-Colored Vinyl each $1,000.00 $880.00 $620.00 64 Gate opening width of 14 ft.double gate(2)-Galvanized each $1,300.00 $990.00 $630.00 , 65 Gate opening width of 14 ft.double gate(2).Catered Vinyl each $1,700.00 $1,100.00 $640.00 66 Gate opening width of 16 ft.single gate-Galvanized each $1,000.00 $825.00 $650.00 I 67 Gate opening width of 16 ft.single gate-Colored Vinyl each $1,200.00 $935.00 $660.00 68 Gate opening width of 16 ft.double gate(2)-Galvanized each $1,500.00 $1,045.00 $670.00 69 Gate opening width of 16 ft.double gate(2)-Colored Vinyl each $1,800.00 $1,155,00 $660.00 70 Gate opening width of 18 ft.single gate-Galvanized each $1,100.00 $860.00 $690.00 71 Gate opening width of 18 ft.single gate-Colored Vinyl. each $1,200.00 $990.00 $700.00 72 Gate opening width of 18 ft double gete(2)-Galvanized each $1,500.00, $1,100.00 $710.00 73 Gate opening width of 18 ft double gate(2)-Colored Vinyl each $1,800.00 $1,200.00 $720.00 74 Gate opening width of 20 ft.single gate-Galvanized each $1,200.00 $1,375.00 $730.00 75 Gate opening width of 20 ft.single gate-Colored Vinyl each $1,300.00 $1,485.00 $1,200.00 76 Gate opening width of 20 ft.double gate(2)-Galvanized each $1,600.00 $1,595.00 $740.00 77 Gate opening width of 20 ft.double gete(2)-Colored Vinyl each $1,800.00 $1,700.00 $750.00 78 Gate opening width of 24 ft.single gate-Galvanized each $1,450.00 $1,595.00 $760.00 79 Gate opening width of 24 ft.single gate-Aluminum Frame each $3,000.00 $2,090.00 $2,990.00 80 Gate opening width of 24 ft.single gate-Colored Vinyl each $1,600.00 $1,700.00 $1,300.00 81 Gate opening width of 24 ft.double gate(2)-Galvanized each $1,850.00 $1,800.00 $770.00 82 Gate opening width of 24 ft double gate(2)-Colored Vinyl each $2,100.00 $1,925.00 $780.00 83 Gate opening width of 26 ft.single gate-jialvanited each $1,550.00 $1,650.00 $790.00 84 Gate opening width of 26 ft.single gate-Aluminum Frame each $3,400.00 $2,300.00 $3,000.00 85 Gate opening width of 26 h.single gate-Colored Vinyl each $1,650.00 $1,760.00 $1,400.00 Material Master N Item 14 Description Unit of Measure Unit Price Unit Price Unit Price 86 Gate opening width of 26 ft.double gate(21-Galvanized each $1,950.00 $1,870.00 $800.00 87 Gate opening width of 26 ft.dou bie gate(2(-Colored Vinyl each $2,200.00 $1,980.00 $810.00 88 Gate opening width of 28 ft.single gate-Galvanized each $1,650.00 $1,700.00 $820.00 89 Gate opening width of 28 ft.single gate-Aluminum Frame each $3,800.00 $2,695.00 $3,100.00 90 Gate opening width of 28 ft single gate-Colored Vinyl each $1,750.00 $1,800.00 $1,450.00 91 Gate opening width of 28 ft.double gate(2)-Galvanized each $2,050.00 $1,925.00 $830.00 92 Gate opening width of 28 ft.double gate(2)-Colored Vinyl each $2,250.00 $2,150.00 $840.00 93 Gate opening width of 30 ft singlegate-Galvanized each $1,700.00 $1,760.00 $850.00 94 Gate opening width of 30 ft single gate-Aluminum Frame each $4,150.00 $2,860.00 $3,200.00 95 Gate opening width of 30 ft.single gate-Colored Vinyl each $2,000.00 $1,870.00 $1,500.00 96 Gate opening width of 30 ft.double gate(2)-Galvanized each $2,250.00 $1,980.00 $860.00 97 Gate opening width of 30 ft.double gete(2)-Colored Vinyl each $2,300.00 $2,200.00 $870.00 Scope of work:Furnish&Install InstallIkligh fencing,Terminal/Gate Post,Including concrete footing,one(1)stretcher bar per post,with all required hardware to complete fencing connections. (Notes 1-5). 98 Galvanized.3"round terminal/gate post each $70.00 $75.00 $50.00 99 Colored.3"round terminal/gate post each $80.00 $85.00 $120.00 100 Galvanized,4"round terminal/gate post each $100.00 $110.00 $55.00 101 Colored,4"round terminal/gate post each $150.00 $130.00 $120.00 102 Galvanized,6-5/8"round terminal/gate past each $200.00 $175.00 $150,00 103 Colored.6-5/a"round terminal/gate post each $275.00 $210.00 $300.00 104 Galvanized,8-5/8"round terminal/gate post each $275.00 $180.00 $160.00 105 Colored,8-51W'round terminal/gate post each $400.00 $200.00 $310.00 Scope of work:Furnish&Install 6 ft.high fencing,Terminal/Gate Post Including concrete footing,one(1)stretcher bar per post,with all required hardware to complete fencing connections. (Notes 1-5). 106 Galvanized,3"round terminal/gate post each $105.00 $85,00 $66.00 107 Colored.3"round terminal/gate post s each $135.00 $95.00 / $200.00 108 Galvanized,4"round terminal/gate post each $140.00 $120.00 $76.00 109 Colored,4"round terminal/gate post each $200.00 $140.00 / $260.00 110 Galvanized,6-5/8"round terminal/gate post each 5250.00 $190.00 $200.00 11.1 Colored.6-5/8"round terminal/gate post each $300.00 $215.00 $300.00 112 Galvanized,B-5/8"round terminal/gate post each $300.00 $220.00 $250.00 113 Colored,8-5/8"round terminal/gate post each $400.00 $240.00 $350.00 Scope of work:Furnish&Install Top Rail with all required hardware to complete fencing connection.(Notes 1-5). 114 Galvanized Top Rail lineal foot $2.75 $3.30 $2.00 115 1 Colored Top Rail lineal foot $3,00 $4.00 $4.00 Scope of work:Furnish&Install Stretcher Bar with all required hardware to complete fencing connection.(Notes 1-5). 116 4 ft.high,Galvanized stretcher bar each $25.00 $2.50 $20.00 117 4 ft high.Colored stretcher bar each $30.00 $3.25 $32.00 11.8 6 ft.high,Galvanized stretcher bar each $25.00 $2.75 $25.00 119 6 ft,high.Colored stretcher bar each $30.00 $3.56 $35.00 Additional services and labor maybe purchased under this contract at an hourly rate and/or Cost Plus,for projects related to the installation,removal,and/or repair of any kind of fencing materials. 120 Standard hourly labor rate per person for additional fencing work per hour $25.00 $38.00 $15.00 as specified.(Monday through Friday). 121 Standard hourly labor rate per person for additional fencing work per hour 545.00 $57.00 $22.50 as specified(Nights,weekends and holidays). Materials,Subcontractors and Rental equipment(to be furnished by Contractor,If and when requested by the School Board)shell be 122 at Contractor's actual cost,plus percentage bid,as specified Cost Plus% 10% 10% -5% (percentage mark-up shall not exceed 10%).Supporting documentation(proposals,quotes,receipts,invoices,etc.)will be , required. Cti ,17728 Fencing vu information Sheet Page 3 r OO,© ORANGE COUNTY PUBLIC SCHOOLS OOFacilities & Construction Contracting 6501 Magic Way, Orlando, FL 32809 Telephone: 407-317-3700 Fax: 407-317-3765 INVITATION TO BID BID NUMBER: ITB1502028,TITLE: FENCING FURNISH &INSTALL Bids will be accepted on or before Friday, March 20, 2015 @ 10:00 a.m. at the Orange County Public Schools, Magic Way Compound located at, 6501 Magic Way, Bldg. 100B, Orlando, Florida 32809, at which time they will be publicly opened. It is the sole responsibility of the bidder to ensure timely delivery of the bid submittal. The bidder is responsible for allowing adequate mailing time in order that their bid is delivered to the Facilities & Construction Contracting by the specified due date and time. Offers by telegram, facsimile machine or telephone will not be accepted. Bids may not be withdrawn for(60) sixty days after opening. Request for information cut-off date will be five (5) business days prior to Bid opening date. Direct all inquiries in writing to: Jill M. Poolman E-mail Address: iill.boolman[c�ocbs.net By submission of a Bid, vendor understands that award of the Bid by The School Board of Orange County, Florida, and any subsequent purchase orders and agreements shall constitute a binding and enforceable contract. Unless otherwise stipulated in the Bid documents, no other contract documents shall be issued. Pre-bid Meeting Date/Time: Thursday, March 5 @ 11:00 a.m. Pre-bid Meeting Location: 6501 Magic Way, Bldg. 100B, Conf. Room 127 Orlando, FL 32809 Although not mandatory, all fencing contractors bidding on this ITB are strongly encouraged to attend this important meeting. BIDDER CERTIFICATION AND IDENTIFICATION A. I certify that this Bid is made without prior understanding, agreement, or connection with any corporation or firm; or knowledge of any person submitting a Bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid; and I certify that I am authorized to sign this Bid for the Bidder. B. Bidder certifies that it satisfies all necessary legal requirements as an entity to do business with The School Board of Orange County, Florida. C. Bidder acknowledges and certifies that it is in receipt of, has reviewed and is in agreement with all provisions of the Ethics and Lobbying Board Policy KCE, including without limitation, all penalties for violation of said policy. www.ocps.net/sb/Superintendent%20Documents/KCE%20Ethics%20and%20Lobbying%20Policy%206 26 12.pdf ITB1502028 1 Initials: GENERAL TERMS AND CONDITIONS 1. Cancellation: OCPS reserves the right to cancel an Invitation to Bid, in 9. Advertising: In submitting a Bid, Bidder agrees not to use the results whole or in part, when it is in the best interest of the School Board. Notice of there from as a part of any commercial advertising. cancellation will be posted on the OCPS Procurement Services website. 10. Other Governmental Agencies:All bidders awarded contracts from this 2. Non-Collusion: The prices in this bid have been arrived at independently, bid may, upon mutual agreement,permit any school board,city,municipality without consultation, collusion, communication or agreement for the purpose of or other governmental agency to participate in the contract under the same restricting competition, as to any matter relating to such prices with any other prices,terms and conditions,if agreed to by both parties. It is understood that bidder or with any competitor. at no time will any school board, city, municipality or other agency be obligated for placing an order for any other school board, city,municipality or 3. Conflict of Interest: In addition to full and complete adherence to the agency; nor will any school board, city, municipality or agency be obligated requirements provided in Chapter 112.313, Florida Statutes, all Bidders must for any bills incurred by any other school board,city, municipality or agency. disclose with their bid the name of any officer, director, agent,or representative Further, it is understood that each agency will issue its own purchase order who is also an employee of the School Board and who knowingly owns,directly to the awarded bidder(s). or indirectly,any interest of any amount in the Bidders company,firm,or branch. 11. Right to Use Existing Bids: The School Board reserves the right to 4. Bid Information and Notification:All bid notices and solicitations are web utilize any other contract,including but not limited to the following:any State posted on Orange County Public Schools Procurement Services website. of Florida Contract, any contract awarded by any other city or county (www.procurement.ocps.net). It is the Bidders responsibility to monitor the governmental agencies, other school boards, other community college/state website to view current solicitation opportunities and addenda.All supporting bid university system, cooperative Bid agreements, or to directly documents such as addenda, tabulations sheets, notice of action and notice of negotiate/purchase per School Board policy and/or State Board Rule 6A- award will be posted on the website. It is the responsibility of the bidder to 1.012.The district also reserves the right to bid separately any item(s)and/or monitor the website for all information about this bid. service(s)covered under this contract,if deemed to be in the best interest of 5. Bid Protests: :Any person who is adversely affected by a decision of the the School Board,at any time during this contract term. Orange County School District concerning this procurement,shall file a Notice 12. Default: Failure to perform according to this solicitation and/or resulting of Intent to Protest in writing within 72 hours after the notice of decision is contract shall be cause for Bidder's company to be found in default,in which posted, excluding Saturdays, Sundays, and legal holidays. A formal written event any re-procurement costs may be charged against Bidder's company. protest shall be filed no later than 10 days after the notice of intent to protest is Failure to pay said amount to the School Boajd upon demand would result in filed.The formal written protest must be accompanied by a bid protest bond in the company being barred from doing business with the School Board for a the amount of one percent(1%) of the total estimated contract value, but not period not less than three (3)years from date of infraction. Thereafter, the less than$500 nor more than$5,000. Bidder may request to be reinstated. In the event of a default on a contract, Any person who is adversely affected by the terms, conditions, or the Bidder shall be responsible for any all attorneys' fees and court costs specifications set forth in this Request for Proposal shall file a notice of intent incurred in collecting any liquidated damages. to protest, in writing within 72 hours after the solicitation document is posted, 13. Public Entity Crimes: Section 287.133(2)(a), Florida Statutes, as excluding Saturdays, Sundays, and legal holidays. A formal written protest currently enacted or as amended from time to time, states that a person or shall be filed no later than 10 days after the notice of intent to protest is filed. affiliate who has been placed on the convicted vendor list following a The formal written protest must be accompanied by a bid protest bond in the conviction for public entity crime may not submit a Bid on a contract to amount of one percent(1%) of the total estimated contract value, but not less provide any goods or services to a public entity, may not submit a Bid on a than$500 nor more than$5,000. contract with a public entity for the construction or repair of a public building The Notice of Intent to Protest and formal written protest shall be filed with the or public work, may not submit Bids on leases of real property to public Senior Director,Procurement Services,445 W.Amelia St.,Orlando,FL 32801. entity, may not be awarded or perform work as a contractor, supplier, The formal written protest shall state with particularity the facts and law upon subcontractor,or consultant under a contract with any public entity,and may which the protest is based.Failure to file a protest or failure to post the bond or not transact business with any public entity in excess of the threshold other security within the time frames or in the manner described above shall amount provided in Section 287.017, for Category Two for a period of 36 constitute a waiver of proceedings under Chapter 120, Florida Statutes. months from the date of being placed on the convicted vendor list. 6. Lobbying::School board members and school board personnel(except the 14.Awards: Bids shall be awarded based on the lowest, responsive and Procurement Services Representative) are not to be contacted prior to the responsible bidder which meets specifications with consideration being given School Board's decision to approve or reject the final recommendation presented to the specific quality of the product, conformity to the specifications, to it by the Superintendent.At the discretion of OCPS,failure to comply with this suitability to school needs, delivery terms, financial ability of the firm, requirement will be grounds for disqualification. qualifications, experience, reputation, integrity, and past performance of the bidder.The School Board also reserves the right to award to more than one Specifically, this No-Contact Period shall commence on the initial date of the vendor for same or similar products or services. advertisement for Request for Proposal and continue through and include the date the Orange County School Board makes its determination to approve or The School Board reserves the right to make award(s) by individual item, reject the final recommendations. group of items, all or none or a combination thereof;to reject any and/or all Bids or to waive any minor irregularity or technicality. Bidders are cautioned Failure to meet any of these requirements may disqualify your firm from consideration. to make no assumptions unless their Bid.has been evaluated as being responsive. Cash discounts for prompt payment shall not be considered in 7. Laws and Regulations:Applicable provisions of all Federal, State,County, determining the lowest net cost for bid evaluation purposes.Awards made as and Local laws, and all ordinances, rules and regulations shall govern a result of this proposal shall conform to applicable Florida Statutes. development, submittal and evaluation of all bids received in response hereto Vendors shall accept Purchase Orders or an Orange County Public Schools and shall govern any and all claims and disputes which may arise between Visa Purchasing Card as instruments of authorization for purchases. person(s) submitting a Bid response hereto and The School Board of Orange Vendors who fail to comply with this requirement will be deemed as failing to County, Florida by and through its officers, employees, and authorized perform. representatives, or any other persons, natural or otherwise; and lack of knowledge by any Bidder shall not constitute a cognizable defense against the All purchases are contingent upon available District funding. legal effect thereof. 15.Termination: The School Board reserves the right to terminate the 8. Patents and Royalties:The Bidder, without exception, shall indemnify and contract awarded as a result of this bid/proposal,or any part herein, without save harmless The School Board and its employees from liability of any nature penalty.The School Board will notify the vendor of the intent to terminate,in or kind including cost and expenses for or on account of any copyrighted, writing, at least(30)thirty-days prior to the effective date of termination, and patented or unpatented invention,process or article manufactured or used in the the contract will officially terminate at the end of the (30) thirty-day grace performance of the contract, including its use by the School Board. If the Bidder period.The awarded vendor may cancel the Bid(90)ninety days after written uses any design,device or materials covered by letters,patent or copyright,it is notice to The School Board,Office of Procurement Services. mutually agreed and understood without exception that the Bid prices shall include all royalties or costs arising from the use of such design, device or 16. Right to Reject:The School Board reserves the right to reject any or all materials in any way involved in the work. proposals, to waive irregularities and technicalities, or to accept the ITB1502028 9 Initials: FENCING FURNISH & INSTALL SPECIAL CONDITIONS 1. SCOPE The intention of this Invitation To Bid is to award up to six "6" general fencing contractors for Fencing Repair/Installation Services as listed and described on the bid price sheet and in the body of this Invitation. 2. BIDDERS RESPONSIBILITIES It is the responsibility of the bidder to become thoroughly familiar with the requirements, terms and conditions of this solicitation. Bidder shall submit at the bid opening date and time their complete executed bid packet with all signed forms, and Bid Price Sheet(s). The Bidder must submit a CD/DVD/Flash drive electronic copy of their bid at the time of bid opening or within 24 hours of request by OCPS. The CD/DVD/Flash drive must include all executed forms, signed bid price sheet and required supplementary documents. Bidder(s) should monitor continuously the OCPS Procurement website for any information (addendums, tab sheets, notice of intended action, etc.) that may be posted prior to or after the opening of this solicitation. The website lists all bids, addendums, and awarded information, is as follows http://procurement.ocps.net (click) Solicitations then (click) Current. 3. BANKRUPTCY/INSOLVENCY At the time of submittal of bid, vendor/firm 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 the vendor is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency or receivership, the District may, at its option, terminate and cancel said contract, in which event all rights hereunder shall immediately cease and terminate. 4. AWARD Bids shall be awarded based on the lowest, responsive, responsible bidders meeting specifications with consideration being given to the specific quality of the product, conformity to the specifications, suitability to school needs, delivery terms, qualifications, and past performance. The School Board reserves the right to make multiple awards in the best interest of the School Board. In such cases where an award is made to more than one responsive bidder, OCPS shall apportion the work among the various providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers. 5. LENGTH OF CONTRACT AND RENEWALS The intent of this Bid is to establish a contract for a period of two (2) years from the date of award, during which time the successful Bidders shall guarantee fixed pricing on items awarded, as specified in the Bid. The School Board reserves the right to renew any or all prices, terms, conditions and specifications of the contract, for up to two (2) additional one-year period(s), upon mutual agreed by both the District and awarded Contractor. Renewals must be submitted in writing with the signature of the awarded Contractor's Authorized Representative. 6. PRICING Bid Prices will be accepted and considered by the following methods: (1)The bid price per item, per specified quantity, (2)The total bid price for all items for these specifications in an "All or None" Bid, per Lot, and/or(3) Items may be grouped in an"All or None" Bid for a particular group of items while other items are bid per item. The School Board of Orange County, Florida, reserves the right to award the bid by any of these methods. Bid prices shall include all shipping, transportation, fuel, supervision, equipment, set-up services and related items necessary to complete the work in accordance with this specification. 7. LABOR RATE Labor provided by the Contractor shall be billed to the School Board, based on the hourly rates bid on the bid price sheet. The hourly rate bid shall include full compensation for labor, equipment use, travel time and any other cost (including overhead)to the contractor. The School Board shall only pay fair market prices for labor. 8. MATERIAL MARKUP OCPS reserves the right to furnish materials to the Contractor, if the Contractor is required to provide materials for the service the District shall be billed the actual price the Contractor paid for the item(s) plus the percentage markup bid. All items must be of commercial grade in order to satisfy operational performance. Material/parts mark-up must not exceed 10%. Bids with markup higher than specified will be disqualified and considered non-responsive. Contractor's material/part invoices will be provided upon request by OCPS Representative. The school board shall pay fair market prices for materials. OCPS reserves the right to audit the Contractor's invoices from the manufacture for materials used on job. ITB1502028 13 Initials: 9. MATERIAL QUALITY Material quality is expected to be commercial grade and of such to accomplish the service work satisfactorily, as specified in the given scope of work for each job. The School Board reserves the right to set the standard of quality for materials for a given job. All materials used shall be manufactured by a company acceptable to the School Board. The contractor will have in stock the most commonly used system components. 10. EQUITABLE ADJUSTMENT OCPS may, in its sole discretion, make an equitable adjustment in the bid terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Vendor's control, (2) the volatility affects the marketplace or industry, not just the particular Vendor's source of supply, (3)the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Vendor that continued performance of the bid award would result in a substantial loss. 11. PRICE ESCALATION The School Board may consider pricing increases of the bid item(s) if the following conditions occur: a) There is a verifiable price increase to the provider of bid item(s), b) The vendor submits to Procurement Services, in writing, notification of price increases, c) The price increase shall be comparable to documented manufacturers' or distributors' price changes or changes in industry related indices and d) The vendor shall submit the above information to Procurement Services thirty(30) calendar days prior to the effective date of the price increase. When the vendor complies with the abovementioned conditions, Procurement Services will review the information to determine if it is in the best interest of the School District to adjust the pricing on the products bid, in conjunction with the vendor's effective date of price increase. The School Board reserves the right to deny any requests for price increases. The awarded vendor shall receive confirmation in writing of the approval or denial of a price increase. Price increases are not allowed in the initial contract term. The vendor must receive notification from Procurement Services that the School District is in the acceptance of the new prices before processing any orders with the new cost. 12. CONTRACTOR SELECTION METHODOLOGY The three lowest overall responsive and responsible Qualified Fencing Contractor Total Bids received will be awarded fencing work contracts from zero "0" dollars to fifteen thousand "$15,000" dollars. Projects with an estimated value under $15,000 will be assigned to a maintenance area and will be rotated every six months from date of award. The first lowest bidder will be assigned to South Area Maintenance, the second lowest bidder to Northeast Area Maintenance, and the third will be assigned to Northwest Area Maintenance. Up to three additional Qualified Bidders with the lowest overall Fencing Contractor Total Bids, will be added to the first group of three "3" and the six "6" will be solicited to bid on work with an estimated value ranging from fifteen thousand dollars 115,000" to a maximum of two hundred eighty thousand dollars "$280,000" or the maximum allowed by Florida Statues for day labor. 13. CONTRACTOR WORK ISSUANCE OCPS anticipates issuing Purchase Orders for projects with an estimated value ranging from zero "0" dollars to twenty five thousand dollars "$25,000" and issuing Purchase Orders and Work Authorizations for projects with an estimated value ranging from twenty five thousand dollars "$25,000" to a maximum of two hundred eighty thousand dollars "$280,000". OCPS reserves the right to award a contract or project to multiple Bidders. On all work under $15,000 subcontractors work must be quoted on Subcontractors letterhead with a complete materials and labor breakdown. Only the material and equipment percentage markup will be allowed in this category. On all work over$15,000 but under $280,000 the Fencing Contractor must submit a lump sum bid containing at a minimum the hourly rate breakdown as per bid hourly rates along with a full materials breakdown including units of measure and a description of materials and equipment used. During the quote process, Fencing Contractors may vary from the original bid pricing submitted. If the Fencing Contractor opts to vary from the original bid pricing submitted, the pricing submitted for the quote must be lower than the original bid pricing. OCPS reserves the right to quote any project, at its discretion, utilizing all preselected fencing contractors, regardless of dollar amount. OCPS reserves the right to waive any minor irregularities or technicalities and all informalities along with the right to confirm a Bidder's qualifications and to inspect a Bidder's facilities and equipment. OCPS also reserves the right to reject any or all bids or to accept any bid or part thereof that in its judgment will be in the best interest of OCPS. Due to the need for a quick response time, the awarded Bidder(s) must be able to respond and mobilize on-site for emergency requests within one hour. ITB 1502028 14 Initials: OCPS reserves the right to request a full breakdown of labor and material costs from the contractor, the contractor's subcontractors and from any material providers, prior to the commencement of any work. 14. 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 contractor to coordinate the jobsite delivery and placement of materials required for completion of the project with the assigned school board representative. All deliveries will be F.O.B. Destination, freight fully prepaid by bidder. The bidder must include in the item price all delivery, pick-up, mileage and travel charges to all schools and facilities located within Orange County, Florida on the Bid Price Sheet. The School Board will not accept bids that contain separate charges for delivery or shipping. The School Board of Orange County, Florida will honor no common carrier/drayage charges. The vendor shall make deliveries within twenty (20) 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 the vendor(s); except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the school or department of the delays immediately with a revised delivery date. 15. TIME IS OF THE ESSENCE The Contractor acknowledges that time is of the essence to complete the work as required in each event. The Contractor 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 the Contractor neglects, fails, or refuses to complete the work within the time specified in each and every work request or as properly extended by the School Board, then the Contractor does hereby agree, as part consideration for awarding of the Agreement, to pay to the School Board the liquidated damage sum of $100.00 for each and every calendar day that the Contractor 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 the Contractor's control or an act of God, no liquidated damages for the breach of contract will be addressed. 16. FORCE MAJEURE OCPS and the bidder will exercise every reasonable effort to meet their respective obligations as outlined in this solicitation and ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, which includes but 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. 17. FAILURE OF PERFORMANCE AND/OR DELIVERY If the awarded contractor fails to perform as required per these specifications, or fails to deliver the item(s) specified in these specifications, he shall recompense the School Board of Orange County, Florida, for any damages to the said Board caused by his failure to perform as stated. 18. NON-PERFORMANCE The 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 School Board 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, the School Board may suspend the vendor from future bids and business with the School Board for a specified period. 19. GUARANTEE Contractor warrants that the Work including goods and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all materials provided shall be new. During the guarantee/warranty period, the Contractor shall within 48 hours after receipt of notification correct improper work, without cost to the School Board. If the Contractor fails to correct defects, OCPS shall be entitled to have such work remedied and the Contractor shall be fully liable for all costs and expense reasonably incurred by the district. Payments for Work performed do not constitute a waiver of this guarantee. 20. WARRANTY Manufacturer's warranty. 1761502028 15 Initials: 21. PROTECTION OF PERSONS&PROPERTY Precautions will be exercised at all times for the protection of persons (including employees) and property. Barricades will be provided by the Contractor at Contractor's expense, when work is performed in areas traversed by persons or vehicles. Contractor shall conform to any safety requirements deemed necessary by OSHA requirements and by the OCPS Representative to insure that safety of all students, staff and community members. The successful bidder shall at all times guard from damage or loss to property of the School Board or of other Vendors or Contractors and shall replace or repair any loss or damage unless such is caused by the School Board, other Vendors or Contractors. The School Board may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his agents. 22. REMOVAL OF DEBRIS Contractor shall be responsible for the prompt removal of all debris from the school area, which is a result of this delivery and installation. Do not use the trash receptacles located on school board property. Any debris left at the worksite shall be removed within 24 hours' notice from OCPS; the contractor assumes all liability for accidents that may occur due to any debris, equipment, tools and worksite hazards. 23. FAMILIARITY WITH LAWS,ORDINANCES, RULES AND REGULATIONS Bidders are required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that may affect their work in any manner. Failure on the part of the vendor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The awarded vendor assures and certifies that they will comply with all laws, ordinances, rules, regulations and all other legal requirements. The contractor 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 the proper authorities. The 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 contract. The successful bidder must not be in violation of any law or other ordinances during the life of this contract. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor. 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 Contractor shall constitute cause for immediate termination of the Agreement. 24. JESSICA LUNSFORD ACT Awarded Contractor and any of his employees performing services hereunder, shall comply with the Jessica Lunsford Act taking effect 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 individual, vendor or entity under contract with the school board. 25. USE OF OTHER CONTRACTS The School Board reserves the right to utilize any other District contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, any other school board, or any other community college/state university system cooperative bid agreement, in lieu of any offer received or award made as a result of this bid, if it is in its best interest to do so. The School Board also reserves the right to bid separately any single order or to purchase any item on this bid if it is in its best interest to do so. 26. CONTRACTOR REPRESENTATIVE The awarded Contractor shall provide the name, address, phone and cell numbers of the contact person(s) for the placement of an order and the coordination of service. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. The awarded Contractor shall provide their technicians assigned to OCPS with either a cellular phone or Nextel radio allowing District personnel with immediate access in cases of emergency. 27. INVOICING An invoice can only reference one purchase order number. Payment for partial shipments shall not be made unless specified. Invoices which do not reference valid purchase order numbers or which are erroneous (incorrect contract prices, minimum order charges, etc.) shall be returned to the vendor for resolution of the discrepancies. It is the sole responsibility of the vendor to reconcile the purchase order and the vendor's invoice and to notify the representative of any discrepancies prior to billing. The school board will only pay the dollar amounts authorized on the purchase order. The awarded contractor will be required to submit invoices referencing the purchase order number on all requests for payment.All statements must reference valid purchase order numbers. ITB1502028 16 Initials: 28. CONTRACTUAL AGREEMENT Invitation to bid shall be included and incorporated in the final award. The order of contractual precedence will be the bid document, response and purchase order. All legal action necessary to enforce the award will be held in Orange County and the contractual obligations will be interpreted according to the laws of Florida. 29. PREFERENCE TO FLORIDA BUSINESSES Effective July 1, 2012, when a school district is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is by a vendor whose principal place of business is in a state or political subdivision which grants a preference by that state or political subdivision, then the school district shall award an equal preference to the lowest responsible and responsive vendor having a principal place of business within Florida. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in the State of Florida shall be 5 percent. F.S. 287.084(1)(a). A vendor whose principal place 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. F.S. 287.084(2). Please complete the form titled "Bidder's Statement of Principal Place of Business" and include it with your submittal. ITB1502028 17 Initials: 1