24250036B-TL_-_Rain_Gutters_Purchase_Maintenance_and_Installation_Services_ITB.pdf

(Rev. 1-28-19)

INVITATION TO BID AND PROPOSER’S ACKNOWLEDGEMENT

POSTING DATE: PURCHASING CONTACT: Travis Loyd, Procurement Agent II October 22, 2024 407-320-0375, Email Address: Loydtz@scps.k12.fl.us

BID NUMBER AND TITLE:

24250036B-TL – Rain Gutters Purchase, Maintenance, and Installation Services

BID DUE DATE & TIME

November 14, 2024 by 3:00 P.M. EST Bid opening will be held via WebEx and dial-in only at meeting number (access code): 2866 686 3289, meeting password: KQsYicdP565 or call 1-415-655-0003.]

NOTE: BIDS RECEIVED AFTER THE BID DUE DATE AND TIME WILL NOT BE ACCEPTED

PRE-BID MEETING DATE & TIME: Voluntary – October 29, 2024 at 10:00 AM EST, via WebEx and dial-in only at WebEx meeting number (access code): 2864 500 4722, password: aMvZ4Hy4qK2 or call 1-415-655-0003.

The School Board of Seminole County, Florida, solicits your company to submit a Bid on the above-referenced goods and/or services. All terms, specifications and conditions set forth in this invitation are incorporated by this reference into your response. A Bid will not be accepted unless all conditions have been met. In the event of a conflict between the General Purchasing Terms and Conditions and any subsequent Special Conditions included herein or attached hereto, the Special Conditions will have precedence. All Bids must have an authorized signature in the space provided below. All Bids must be received in the Vendorlink portal, www.myvendorlink.com, by the “Bid Due Date & Time” referenced above. The School Board is not responsible for bidders’ failure to upload their bids by the due date and time.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR BID. BIDS WILL NOT

BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE PROPOSER.

LEGAL NAME OF COMPANY (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

COMPANY NAME: _________________________________________________________________________________________________

MAILING ADDRESS: _________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________

FEDERAL EMPLOYER S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

FLORIDA DIVISION OF CORPORATION DOCUMENT NUMBER: ___________________________________________________________________

TELEPHONE NUMBER: _________________ E-MAIL: ________________________________

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER PROPOSER SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS

OF THIS BID AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS BID FOR THE PROPOSER.

TYPED OR

AUTHORIZED SIGNATURE: ________________________PRINTED NAME: ________________________________

TITLE: _____________________________________________ DATE: ______________________________________

THE SCHOOL BOARD OF SEMINOLE COUNTY FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 E. Lake Mary Boulevard

Sanford, FL 32773-7127

ITB #24250036B-TL

Rain Gutters Purchase, Maintenance, and Installation Services

I. SPECIAL CONDITIONS

1. INTRODUCTION. Seminole County Public Schools (SCPS) is the 12th largest school district in Florida and is 60th nationally. SCPS consists of 37 elementary schools, 12 middle schools, nine

(9) high schools, six (6) special centers, a virtual school, and four (4) charter schools.

The purpose of this ITB is to award a contract or to issue multiple awards to the responsive and responsible bidder(s) who can provide preventative maintenance, installation, replacement, and repair services as needed and as necessary to building gutters.

2. PRE-SOLICITATION MEETING. A voluntary pre-solicitation meeting will be held for all interested Bidders on the day and time listed on page 1 of this solicitation. An overview of the solicitation process and review of scope of services will be conducted at this meeting. Any questions regarding the technical specifications shall be submitted in an email to the Procurement Agent responsible for this solicitation. Answers to these questions will be issued in the form of a written addendum.

3. TERM. This Bid will be effective upon Board approval or December 17, 2024, whichever is later, for a period of three (3) years and may be renewed for two (2) additional two-year renewal period upon agreement by all parties. The School Board of Seminole County Florida reserves the right to cancel this contract by giving 30 days’ notice of cancellation before the end of any fiscal year that falls within the term of this contract. Please refer to Section 4, for multiyear agreements.

4. AWARD. Bid shall be awarded all or none, by lot, by partial lot, or by item as indicated in Exhibit B, Price Schedule, to the lowest responsive and responsible bidder(s) meeting all specifications, terms and conditions. Bidder should carefully consider each item for conformance to bid specifications. In addition, the School Board reserves the right to make multiple awards such as a primary, secondary, etc. for all items.

5. QUANTITIES / VOLUME OF BUSINESS. This is an indefinite quantity contract with no guarantee of a volume of services that may be required. The District does not guarantee a minimum or maximum dollar amount to be expended on any contract resulting from this procurement item.

6. DELIVERY OF PROPOSALS. All proposals must be received and accepted in the

Vendorlink portal, www.myvendorlink.com before the ITB Closing Date and Time to be considered.

II. SPECIFICATIONS / SCOPE OF WORK

1. INTRODUCTION Seminole County Public Schools (District) is seeking a Contractor(s) to provide preventative maintenance, installation, replacement, and repair services as needed and as necessary to building gutters. Contractor shall furnish all material, labor, equipment, tools, transportation, and supervision to complete the cleaning, repair removal/demolition of existing gutters and downspouts, and the procurement and installation of new gutters and downspouts;

the Contractor will also provide all necessary ancillary materials. At the completion of the project, all gutters and downspouts shall be clean and free of material and labor defects, and water shall drain appropriately to all downspouts, leaving no standing water after a period of 48 hours. The District will provide water and electric from the point of closest hookup as required.

Water hoses, dumpsters, or electrical cables will not be provided.

2. GENERAL REQUIREMENTS/ CONTRACT ADMINISTRATION

A. QUOTES

1) When the District has determined that work is needed, the District's Project Manager will request a proposal based upon the bid pricing from the awarded Contractor. The request will include items, such as but not limited to, the date, location, work description, quantity of needed items, and other details of the work to be completed.

2) Any discrepancy concerning measurements or work scope will be resolved and confirmed by the District's Project Manager prior to issuance of purchase and/or beginning of any work. The Contractor will not be entitled to any additional compensation for extra work performed if the Contractor completes the work without the confirmation from the District's Project Manager. If any discrepancies are confirmed, the District's Project Manager will request a re-issue of the proposal with the corrected information. The vendor shall not commence work without a complete and accurate purchase order and/or notice to proceed.

3) All quotes provided by the Contractor must be itemized and refer to the bid pricing schedule numbers for itemization. As an example:

Quantity Item Unit Price Unit Extended Price 80’ 7” Box Gutter $ 7.50 per LF $ 60.00

5 Downspouts $ 3.00 each $ 15.00

TOTAL $ 75.00

Failure to itemize the proposal will result in non-acceptance and request for revision.

B. HOURS OF OPERATION

1) Unless otherwise specified in the Technical Requirements, all work performed must be accomplished between the hours of 7:00 AM and 3:30 PM, Monday through Friday, and no work may be performed on Saturdays, Sundays or listed Holidays, unless permission to work has been requested in writing by the vendor and approval, in writing, has been granted by the District's Project Manager. Request for permission to work must be received by the District's Project Manager no less than two (2) days prior to the requested work day.

Listed no works holidays are as follows:

A. New Year's Day B. Martin Luther King, Jr. Day C. Presidents' Day D. Memorial Day E. Independence Day F. Labor Day G. Thanksgiving Day H. Day after Thanksgiving I. Christmas Day

2) Special schedules may be established if necessary because of problems with noise or similar problems affecting student schedules and citizens in homes or buildings adjacent to the work zone

C. DELIVERY & STAGING

1) Materials and equipment needed for the work may be delivered and stored on-site per direction and coordination from the District’s Project Manager. No deliveries shall take place without prior approval of the District’s Project Manager.

2) It shall be Contractor’s responsibility to deliver and store any and all materials in a safe and secure manner.

D. SAFETY

1) The vendor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work and for complying with all requirements of the Occupational Safety and Health Administration (OSHA) and any other industry, federal, state or local government standards. The vendor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to persons or property.

2) All safety devices installed by the manufacturer on the equipment that is utilized by the vendor on the job site must be in place and in proper working order at all times. If the District’s Project Manager determines that the equipment is deficient in safety devices, the vendor shall immediately repair, or remove the equipment from service until the deficiency is corrected to the satisfaction of the District.

3) The District may periodically monitor the work site for safety. Should there be safety or health issues, the District will have the authority, but not the duty, to require the vendor to correct the violation in an expeditious manner.

If there is any situation that is deemed unsafe by the District, the project will be shut down immediately upon notice and will not resume work until the unsafe condition has been remedied.

4) The vendor shall erect and maintain, as required by existing conditions and contract performance, safeguards for safety and protection such as barricades, danger signs, a construction fence, and other warnings against hazardous conditions,

5) The vendor will be responsible for the removal of all surplus material and debris from the project site at the end of each work day. Should the vendor fail to maintain a clean and safe site, the District may clean up and deduct the cost of such from the contract price. Upon final completion, the vendor shall thoroughly clean up all areas where work has been performed as mutually agreed with the District's Project Manager.

6) The vendor shall confine all equipment, materials and operations to the project site and areas identified and approved by the District Project Manager. The vendor will assume all responsibility for any damage to any such area resulting from the performance of work.

7) The vendor is responsible for notifying the District of any hazardous materials used on the work site and providing the District a copy of the Safety Data Sheets. Any spillage of hazardous chemicals or wastes by the vendor must be reported immediately to the District and cleaned up in accordance with all State and Federal Regulations. The cost of the cleanup of any spillage of hazardous chemicals or wastes caused by the vendor will be the sole responsibility of the vendor and the District will share no responsibility of these costs. A copy of the complete report showing compliance with local, state and federal agencies must be given to the District. If any hazardous chemicals or conditions are discovered during the normal operation, it is the responsibility of the vendor to immediately contact the District with a description and location of the condition.

E. PROTECTION OF EXISTING STRUCTURES UTILITIES WORK AND VEGETATION

1) The vendor shall at their sole expense preserve and protect all surfaces, persons, adjacent areas and structures as well as existing vegetation such as trees, shrubs, and grass on or adjacent to the work area while any work operations, preparations, or clean-ups are being performed

2) All items damaged as a result of vendor or subcontractor operations must be either repaired or replaced by the vendor, at their expense, in a manner prescribed by and at the sole satisfaction of the District's Project Manager or authorized representative. Any claims submitted to the District, such as but not limited to:

from utility companies or landowners, which are determined to be the result of damage done by the vendor, will be the responsibility of the vendor. The District reserves the right to pay any such claims and deduct such amount from the vendor's invoice. Repairs, or receipt of repairs, will be completed and submitted to the District prior to submission of the vendor's invoice for work accomplished.

If the repair is not in accordance with District standard, the District will repair the items and deduct the associated cost from the amount due the vendor.

3) If there is an accident involving the public or staff while in the course of completing the work as part of the contract, the vendor shall as soon as possible inform the District's Project Manager of the incident. The vendor shall follow up in writing within two (2) business days of the incident. If Law Enforcement was involved and a written report was completed, the vendor shall provide a copy of the report to the District's Project Manager.

F. RENTAL EQUIPMENT/SUBCONTRACTORS

1) In the event that the Contractor needs to hire a subcontractor or rental equipment to complete the work being assigned, prior approval from the District’s Project Manager shall be required. The cost of the subcontractor or rental equipment shall be indicated on the estimate and the invoice. The Contactor shall be allowed to assess a percentage of up to fifteen (15) percent above the actual cost of the subcontractor or equipment rental fees. A copy of the subcontractors/equipment rental invoice to the Contractor shall accompany the invoice being submitted to the District.

G. CLEAN UP/SURPLUS MATERIAL REMOVAL & DISPOSAL

1) The Contractor shall be responsible for the removal of all surplus material and debris from the project/service site at the end of each work day. All costs associated with clean-up and debris removal shall be included in the lump sum price stated elsewhere herein. The Contractor shall leave the site clean and neat.

All work must be cleaned up prior to the next day of business. At no time shall the specified work interfere with the regular operating hours of the District. Upon final completion, the Contractor shall thoroughly clean-up all areas where work has been involved as mutually agreed with the District’s Project Manager. PLEASE NOTE: If at any time the Contractor fails to clean up the work area to acceptable levels, the District reserves the right to provide or have provided clean up and the actual costs for this service shall be deducted from the Contractor’s final payment with the minimum cost of $50.00 to offset District time for securing services to properly clean and inspect the site.

2) The disposal and handling of all materials associated with clean up shall meet all local, state, and federal regulations. Any costs incurred by Contractor for handling or disposal of debris shall be at its sole expense.

H. CHANGES IN WORK

1) The Contractor shall not commence any additional work or other changes covered by the Scope of Services for the individual project without an executed Change Order and Purchase Order. If the Contractor performs additional work beyond the specific requirements of this Agreement without an executed Change Order and Purchase Order, it shall be at the Contractor’s own risk. The District assumes no responsibility for any additional costs for work not specifically authorized by an executed Change Order and Purchase Order.

2) Change orders shall not be issued for incidental items or tasks that should have been reasonably construed to be part of the project by the Contractor.

I. METHOD OF PAYMENT

1) The Contractor shall submit their invoice to AP_Epay@scps.k12.fl.us and facilites_payrequest@scps.k12.fl.us, after all work has been completed. Invoices shall be hand delivered, mailed, and/or emailed. In addition to the general invoice requirements set forth below, the invoice shall reference the specific work element for which billing has been initiated and, if required, include a copy of the quote/proposal and itemization of costs/fees as per the bid price sheet. Submittal of the invoice shall not exceed thirty (30) calendar days from the delivery of the goods or services. Under no circumstances shall the invoices be submitted to SBSC in advance of the work being completed or delivery and acceptance of the items.

2) All invoices shall contain the contract and purchase order number, date and location of delivery or service. Failure to submit invoices in the prescribed manner will delay payment, and the Contractor may be considered in default of contract.

Payments shall be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes.

3) The Contractor shall accept compensation provided under the terms of this contract as full payment for furnishing all materials and for performing all work contemplated and embraced under this contract.

J. FINAL INSPECTION

1) Contractor shall produce before and after photographs of the Work performed and may be required to conduct a final inspection accompanied by the County and develop a list of items that require correction and completion.

2) Contractor shall correct any defective Work or finish and complete any additional Work within five business days after final inspection.

3) Completion of all outstanding items shall be at Contractor’s sole expense as determined to be reasonable by the County

K. WARRANTY

1) All warranties shall begin on the later of either the date of the District’s acceptance or the date of the Department of Facilities Services final invoice approval and shall last for a period of twelve (12) months unless otherwise specified in the scope of services, plans or specifications. The Contractor shall obtain and assign to the District all express warranties given to the Contractor or any subcontractors by any material suppliers, equipment or fixtures to be incorporated into the Project. The Contractor shall be responsible for registering all required materials with the manufacturer and shall provide documentation verifying that registration has been completed.

The Contractor warrants to the District that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all work shall be of good quality, free from all defects and in conformance with the Contract Documents. The Contractor further warrants to the District that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Unless otherwise specified in the solicitation or the plans, if within twelve (1) months after final completion and acceptance, any work is found to be defective or not in conformance with the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the District. The Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the District is entitled as a matter of law.

2) In addition to the warranty required above, all gutter materials shall have a minimum finish warranty of 20 years against the following minimum conditions:

blistering, cracking, peeling, or flaking.

3. TECHNICAL REQUIREMENTS

A. NEW INSTALLATION AND REPLACEMENT

1) SCHEDULING

A. The District’s Project Manager and the Contractor shall agree upon an installation date and time. The Contractor shall place order with the manufacturer within five (5) working days after receipt of the District’s purchase order. Contractor shall notify the District’s Project Manager within five (5) working days of the estimated arrival date of the needed materials.

The District’s Project Manager shall also be notified at this time of any delays or anticipated scheduling problems. Contractor shall notify the District’s Project Manager within five (5) working days after receipt of materials and arrange for installation.

2) DEMOLITION/REMOVAL

A. The Contractor shall remove existing gutters, downspouts (leaders), and all other existing related material as needed for new installation. All removed materials shall be disposed as specified herein.

B. Any damaged areas of the building shall be patched, caulked, primed with PPG PITT-TECH PLUS 4020 PF/DEVFLEX 4020 PF Primer or approved equal, and painted with two coats of PPG ACRI-SHIELD® Exterior Acrylic paint, or approved equal by the Contractor. Any areas now exposed which were previously hidden shall also be caulked, primed with PPG PITT-TECH PLUS 4020 PF/DEVFLEX 4020 PF Primer or approved equal, and painted with two coats of PPG ACRI-SHIELD® Exterior Acrylic paint, or approved equal, by the Contractor.

3) INSTALLATION

A. All installations shall be done in accordance with the manufacturer’s recommended methods and specifications and the specifications herein.

Any conflict between bid specifications and manufacturer’s specifications the most stringent shall prevail.

B. All gutters shall be of a “Box Gutter” style fabrication with roof flange for installation underneath existing drip edge in either seven inch (7”) or nine inch (9”) size. The gutters shall fabricated from aluminum component sheet metal in accordance with ASTM A875, ASTM A924, and ASTM B750 and finished with a factory high gloss Kynar 500 finish or approved equal.

C. Seven inch (7”) gutters shall be fabricated from 0.032 inch (20 gauge) aluminum. Nine inch (9”) gutters shall be fabricated from 0.040” (18 gauge) aluminum. All gutters shall be formed on site and shall be fabricated with a continuous length. On gutter lengths over 75’ in length, an expansion joint shall be installed. The expansion joint is to consist of an end-to-end cap with a four inch (4”) cover plate and drip flashing over the top.

D. When gutters require a corner, an inside or outside mitered corner fabricated from machine stamped parts shall be provided. These mitered corners shall be lapped and extend a minimum of 12 inches from the corner in each direction. All lapped areas shall be sealed with a caulk sealant made of one part polyurethane and riveted or secured to the gutters with ½” pre-painted screws to match the gutter.

E. All downspouts must be typical roll formed Type A minimum .025” (22 gauge) Kynar 500 or approved equal finished aluminum. The downspout outlets shall be stamped one-piece type and installed from the inside of the gutter outwards and then sealed on the inside.

F. Provide all necessary elbows, downspout offset sections, and pop rivets as required for a complete installation are to be part of the Contractor’s unit bid pricing. All miscellaneous components shall match finish of downspouts and gutter.

G. All gutters shall be installed using concealed “hidden” hangers and must be either double ribbed stamped type aluminum with a minimum .080” or a “Quick Screw” stamped type gutter hanger at a minimum thickness of .050”.

H. Install a minimum of one concealed “hidden” gutter hangers spaced no more than every 2.0 linear feet (24 inches). One hanger strap cannot support two (2) sections.

4) FLOW TESTING

A. Water drainage testing is to be performed for every new installation or replacement. The Contractor shall ensure the gutters provide positive drain flow with at least ½” of slope per 10’ of length. Upon completion of the work, the Contractor shall test gutters for positive drainage flow to display that no standing water exists after a period of 48 hours. Tests performed by the contractor are to be performed with a District representative in attendance.

Any equipment necessary for the testing shall be provided by the contractor at their sole expense. Any water present after the testing period or if the gutter slope is less than the specified amount, shall result in contractor removing and reinstalling portion of the gutter system that is not in compliance with specifications and/or testing at the Contractor’s sole expense.

B. REPAIRS

1) REPAIR SERVICES

A. The District has areas of existing gutters that periodically require repairs and small area replacements; this may consist of but not be limited to damaged areas, holes, or sloping issues. The Contractor shall provide repair services for these such areas. Areas needing repair shall be priced at a time and materials rate as indicated in the bid-pricing sheet.

B. Contractor may only proceed with repairs upon approval of a not to exceed based cost estimate and issuance of a purchase order. The Contractor shall perform all work within the timeframe specified within the cost estimate. The Contractor may perform only such work included in the approved cost estimate or as included in properly authorized amendments.

C. Any damaged areas of the building discovered or as a result of the repairs shall be patched, caulked, primed with PPG PITT-TECH PLUS 4020 PF/DEVFLEX 4020 PF Primer or approved equal, and painted with two coats of PPG ACRI-SHIELD® Exterior Acrylic paint or approved equal by the Contractor. Any areas now exposed which were previously hidden shall also be caulked, primed with PPG PITT-TECH PLUS 4020 PF/DEVFLEX 4020 PF Primer or approved equal, and painted with two coats of PPG ACRI-SHIELD® Exterior Acrylic paint or approved equal by the Contractor.

C. PREVENTIVE MAINTENANCE

1) MAINTENANCE/CLEANING

A. Upon request for gutter maintenance/cleaning services, the Contractor shall clean the complete gutter system including but not limited to gutters, roof drains, downspouts, scuppers, and roof drainage collection areas of organic debris, trash, toys or any other obstruction. These services shall ensure an obstruction free passage of water through each gutter and associated downspouts. Maintenance and cleaning services may be performed by high or low pressure water, vacuum, blower, or by hand.

B. The contractor shall rake up and bag any debris blown onto the roof or ground below and is responsible for the removal of all trash and debris generated by the work. Additionally, all dirt and associated residue from the maintenance effort shall be rinsed off all surfaces including but not limited to rain gutter, fascia’s, soffits, siding, windows & walkways.

Furthermore, all collection and disposal costs shall be part of the bid price and no additional costs shall be permitted. The District will provide no dumpsters or trash cans as part of this bid.

C. Upon completion of the gutter system cleaning services, the Contractor shall inspect the complete gutter system for damaged or missing gutters and downspouts, damaged or missing siding fascia board, damaged roofing or leaking roofs in the area of the gutter, and note if any tree limbs or vegetation is touching the roof or gutter. Additionally, the contractor as part of the gutter maintenance/cleaning services shall caulk/re-nail any observed faulty seams in gutters and tighten or secure any loose fasteners.

An inspection report inclusive of a list of damaged or missing parts, noted vegetation, and any worked performed shall be sent to SCPS Project Manager via email within two business days of the gutter maintenance/cleaning service. All related work defined herein shall be performed in accordance with industry best practices, including but not limited to furnishing all necessary personnel, tools, equipment, materials and supplies.

III. SUBMITTAL REQUIREMENTS. The Bidder shall include the following documents with their submittal:

1. Invitation to Bid and Bidder’s Acknowledgment (on Page 1) - Signed by an authorized representative of the Bidder.

2. Exhibit B, Price Schedule - Signed by the Bidder.

3. Attachment – “A,” Drug-Free Workplace Certification

4. Attachment – “B,” Reference Document (minimum of three (3) references.)

5. Attachment – “C,” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions

6. Attachment – “D,” Disclosure of any Conflict of Interest

7. Attachment – “E,” Scrutinized Company Certification

8. Attachment – “F,” Byrd Anti-Lobbying Amendment Certification (To be submitted if bid exceeds $100,000)

9. Attachment – “G,” Emergency / Storm Related Catastrophe Agreement

10. Attachment – “H,” Bidder’s Statement of Principal Place of Business

11. Attachment – “I,” Vendor Affidavit Regarding the Use of Coercion for Labor and Services

12. Addenda, if applicable - Signed by the Bidder.

13. If a Florida Corporation, a screenshot of the company’s “ACTIVE” business entity registration through sunbiz.org.

14. If a Non-Florida Corporation (Foreign), a screenshot of the company’s “ACTIVE” business entity registration.

**MAKE SURE ALL DOCUMENTATION IS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF

THE BIDDER. FAILURE TO COMPLY MAY RESULT IN DISQUALIFICATION ON THE GROUNDS

OF NON-RESPONSIVENESS TO THE REQUIREMENTS OF THE BID.

IV. GENERAL PURCHASING TERMS AND CONDITIONS. These general terms will apply to all purchases by the School Board as a result of an award hereunder. In the event of a conflict between Section II and subsequent sections herein, the provisions of any subsequent sections shall be specific to the goods or services requested and shall have precedence. The titles used are for convenience only; the Proposer is responsible for understanding and complying with all terms and conditions herein.

1. DEFINITIONS.

A. The School Board of Seminole County Florida may be referred to as the “Board”, “School

Board” or “SBSC” herein.

B. The term “Proposer” shall refer to the company, individual, or organization that responded to this solicitation.

C. The term “Contractor” shall refer to any successful awardees hereunder.

2. PRICING / TAXES. All pricing shall be based on FOB Seminole County Florida and will include all packaging, handling, shipping charges, and delivery to any point within Seminole County Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise or State of Florida Sales taxes.

3. PRICE ESCALATION CLAUSE. The Bid price shall remain in effect for the first twelve (12) months of this contract. Sixty (60) days prior to the end of the beginning contract year and each consecutive twelve (12) month period thereafter, the Proposer may request, in writing, an increase in the annual contract price. The School Board will consider a price adjustment based on the Consumer Price Index. The table used for calculation of any adjustment shall be the CPI- All Urban Consumers, Series ID: CUUR0000SA, 12-month percent change, not seasonally adjusted, US City average all items 1982-84=100.

The proposed increase is subject to approval by the School Board. A price adjustment may also be considered for an increase in Federal or State of Florida minimum wage laws or both, but the total increase shall not exceed 3% per year.

4. TERMS OF PAYMENT / INVOICING. The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Contractor’s invoice. Itemized invoices bearing the Purchase Order Number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

5. TRANSPORTATION AND TITLE.

A. Title to the goods will pass to the School Board upon receipt and acceptance at the destination unless indicated otherwise herein. Until acceptance, the Contractor retains the sole insurable interest in the goods.

B. The shipper will prepay all transportation charges. The School Board will not accept collect freight charges.

C. No premium carriers will be used for the School Board’s account without prior consent of the Director of Purchasing and Distribution Services.

6. RISK OF LOSS. The Contractor assumes the following risks:

A. All risks of loss or damage to all goods, work in process, materials and equipment until the delivery thereof as herein provided;

B. All risks of loss or damage to third persons and their property until delivery of all goods as herein provided;

C. All risks of loss or damage to any property received by the Contractor or held by the Contractor or its suppliers for the account of the School Board, until such property has been delivered to the School Board;

D. All risks of loss or damage to any of the goods or part thereof rejected by the School Board, from the time of shipment thereof to Contractor until redelivery thereof to the School Board.

7. PACKING LIST. All shipments will include an itemized list of each package contents and reference the School Board‘s Purchase Order Number. No charges will be allowed for cartage or packing unless agreed upon by the School Board prior to shipment.

8. INSPECTIONS AND TESTING. The School Board will have the right to expedite, inspect and test any of the goods at work covered by this Bid. All goods or services are subject to the School Board’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Contractor’s risk. Such inspection, or the waiver thereof, however, will not relieve the Contractor from full responsibility for furnishing goods or work conforming to the requirements of this Bid or the Bid Specifications, and will not prejudice any claim, right, or privilege the School Board may have because of the use of defective or unsatisfactory goods or work.

9. STOP WORK ORDER. The School Board may at any time by written notice to the Contractor stop all or any part of the work for this Bid award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage.

The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the Bid terms and conditions.

10. WARRANTY. All goods and services furnished by the Contractor, relating to and pursuant to this Bid will be warranted to be free of defects, meet or exceed the Specifications contained herein, and fit for the intended use. In the event of breach, the Contractor will take all necessary action, at Contractor s expense, to correct such breach in the most expeditious manner possible.

11. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the School Board, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Contractor, its agents, employees, or representatives, or are arising from any Contractor furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School Board.

12. INSURANCE. Contractors and vendors will provide a certificate(s) evidencing such insurance coverage to the extent listed in Sections 1-5 below before commencement of work.

Insurance listed in Section1 below is required of all contractors and vendors: SBSC and its

Board members, officers, and employees shall be named as an additional insured to the Commercial General Liability insurance policy on a form no more restrictive than ISO form CG 20 10 (Additional Insured -– Owners, Lessees, or Contractor). If SBSC and its Board members, officers, and employees are not named as additional insureds then SBSC reserves the right terminate this agreement.

Insurance listed in Section 2 below: All contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to carry this insurance to the limit listed below. All non-construction contractors whose work for SBSC includes products or services, and the value of these products or services are in excess of $25,000 are required to carry this insurance to the limit listed below.

Insurance listed in Section 3 below: Any contractor or vendor transporting district employees, delivering or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe SBSC is responsible for the work of the contractor from portal to portal is required to carry this insurance to the limit listed below.

Insurance as listed in Section 4 below: All non-construction contractors and vendors that have one or more employees or subcontracts any portion of their work to another individual or company are required to have workers’ compensation insurance. For contracts of $25,000 or more, no State of Florida, Division of Workers’ Compensation, Exemption forms will be accepted. All contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to have workers’ compensation insurance. All entities and individuals required to have worker’s compensation insurance must purchase a commercial workers’ compensation insurance policy to the limits listed below. The Workers’ Compensation policy must be endorsed to waive the insurer’s right to subrogate against SBSC, and its Board members, officers and employees in the manner which would result from the attachment of the NCCI Waiver of Our Right to Recover from Others Endorsement (Advisory Form WC 00 03 13).

Insurance as listed in Section 5 below: All contractors providing professional services including but not limited to architects, engineers, attorneys, auditors, accountants, etc. are required to have this insurance to the limits listed below.

All Contractors will carry and maintain policies as described in Sections 1 to 5 above and as checked off in the box to the left of each Section 1 to 5 below. All required insurance must be from insurance carriers that have a rating of “A” or better and a financial size category of “VII” or higher according to the A. M. Best Company. All required insurance policies must be endorsed to provide for notification to SBSC thirty (30) days in advance of any material change in coverage or cancellation. This is applicable to the procurement and delivery of products, goods, or services furnished to the School Board of Seminole County, Florida.

The Contractor shall, within thirty (30) days after receipt of a written request from SBSC, provide SBSC with a certified copy or certified copies of the policy or policies providing the coverage required by this Section 2.4. The Contractor may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required by Section 2.4.

All insurance provided by the Contractor shall apply on a primary basis to and shall not require contribution from, any other insurance or self-insurance maintained by SBSC. Any insurance, or self-insurance, maintained by SBSC shall be in excess of, and shall not contribute with, Contractor-provided insurance.

1. Commercial General Liability Insurance:

Bodily Injury and Property Damage Per Occurrence - $1,000,000 General Aggregate - $2,000,000

2. Product Liability and/or Completed Operations Insurance:

Bodily Injury and Property Damage Per Occurrence - $1,000,000 Products – Completed Operations Aggregate - $2,000,000

3. Automobile Liability:

Bodily Injury and Property Damage:

Combined Single Limit (each accident) - $1,000,000

4. Workers’ Compensation/Employer’s Liability:

W.C. Limit Required* - Statutory Limits E.L. Each Accident - $ 500,000 E.L. Disease – Each Employee $ 500,000 E.L. Disease – Policy Limit $ 500,000

5. Professional Liability Insurance (Errors and Omissions):

For services, goods or projects that will exceed $1,000,000 in values over a year.

Each Claim - $1,000,000 Annual Aggregate - $2,000,000

For services, goods or projects that will not exceed $1,000,000 in values over a year.

Annual Aggregate - $1,000,000

Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any required insurance provided by the Contractor pursuant to this Agreement will be allowed. To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without approval of SBSC), the Contractor shall be responsible for paying on behalf of SBSC (and any other person or organization that the Contractor has, in this Agreement, agreed to include as an insured for the required insurance) any such deductible or self-insured retention.

The Contractor shall continue to maintain products/completed operations coverage in the amounts stated above for a period of three (3) years after the final completion of the Work.

Professional Liability coverage must be maintained in the amounts stated above for a two-year period following completion of the contract.

Compliance with these insurance requirements shall not limit the liability of the Contractor, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to SBSC or SBSC’s Board members, officers or employees by the insurance provided by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of the Contractor) available to SBSC under this Agreement or otherwise.

Neither approval nor failure to disapprove insurance furnished by the Contractor shall relieve the Contractor from the responsibility to provide insurance as required by this Agreement.

13. SOVEREIGN IMMUNITY / LIMITED LIABILITY. Notwithstanding any provision herein or attached hereto, nothing shall be construed as a waiver of School Board’s rights and sovereign immunities under Florida Statutes. School Board damages shall be limited in accordance and to the extent allowed by §768.28 Florida Statute.

14. LAWS AND REGULATIONS. Contractors will comply with all applicable Federal, State and Local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts.

Contractors agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable laws, statutes and ordinances by the Proposer shall not constitute a cognizable defense against actual or potential damages caused thereby.

15. GOVERNING LAW & VENUE. All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida.

In the event of a legal proceeding, the venue for state court shall be in Seminole County Florida or for federal court be United States District Court, Middle District of Florida, and Orlando Division.

16. PATENTS, COPYRIGHTS & ROYALTIES. Contractors agree to indemnify and save harmless the School Board, its officers, employees, agents, or representatives from liability of any nature or kind, including cost and expenses for or on account of copyrighted, patented or un-patented invention, process or article of manufactured or used in the performance of the contract award hereunder. If the Contractor uses any design, device or materials covered by royalties or cost arising from the use of such design, device or material in any way involved in the work shall be included in the price proposal of the Contractor.

17. PERMITS/LICENSES/FEES. Any permits, licenses, or fees required will be the responsibility of the successful Contractor; no separate or additional payment will be made. A copy of these licenses and permits shall be submitted to the Buyer prior to commencement of work. If the service(s) being provided requires that individuals or organizations be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such license(s) should be obtained by the Bid due date and time. For state licensing, contact the Florida Department of Business and Professional Regulation, Tallahassee, FL 32399-0797, Phone 850.487.9501.

18. CONTRACTOR’S EMPLOYEE BACKGROUND CHECK. All Contractor employees that require access to school campuses must be cleared by School Board or an appropriate agency and wear a School Board issued current picture identification badge. Contractors hereunder shall comply with the required background check of employees as may be applicable and failure to comply shall be considered a material breach of contract. Refer to https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml for School Board for Background Check Requirements

A. CLEARANCE BY SCHOOL BOARD. Contractor will comply with the requirements of the Jessica Lunsford Act §1012.465 Florida Statute in regards to fingerprinting and level https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml

2 background screenings of all applicable employees and any sub-contractor employees.

B. CLEARANCE BY OTHERS. Pursuant to §1012.468 Florida Statute, if Contractor employees have been cleared by another agency and already possess a uniform statewide identification badge issued by the agency, Contractors are required to complete the FSSR Form for School Board badging.

19. TERMINATION.

A. DEFAULT. The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor:

1) Refuses or fails to deliver the goods or services within the time specified;

2) Fail to comply with any of the provisions of this Bid or so fails to make progress as to endanger performances, hereunder, or;

3) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

4) Termination for cause includes terminations under 287.135, F.S.

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

1) Those goods or services actually shipped / performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

3) In no event is the School Board responsible for either loss of anticipated profit or reimbursement exceeding the Bid value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Seminole County Florida. In the event funding for the specific purpose of this solicitation is not funded or such funds are insufficient, the contract may be terminated immediately without penalty.

20. PERFORMANCE. In an effort to reduce the cost of doing business with the School Board, and unless indicated elsewhere a Bid or performance bond may not be required. However, upon award and subsequent default by Contractor, the School Board reserves the right to pursue any or all of the following remedies:

A. To accept the next lowest available Bid price or to purchase materials or services on the open market, and to charge the original award the difference in cost via a deduction to any outstanding or future obligations;

B. The Contractor in default will be barred for consideration of future Bid awards for a period of time determined by the severity of the default, but not exceeding two years.

C. Any other remedy available to the School Board in tort or law.

21. FORCE MAJEURE. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure.

22. ASSIGNMENT. Any Purchase Order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with the prior written approval of the School Board, through the Purchasing and Distribution Services…