ITB.pdf

THE SCHOOL DISTRICT OF OSCEOLA

COUNTY, FLORIDA

Procurement Services 817 Bill Beck Boulevard, Building 2000

Kissimmee, FL 34744

INVITATION TO BID

SCOPE OF WORK AND SPECIAL TERMS & CONDITIONS

SDOC-27-029-B-ML

Access Control Projects for Flora Ridge

Elementary School

ALL BIDS DUE BY: Tuesday, September 22, 2026, by 2:00

P.M. ET

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

MANDATORY PRE-BID MEETING/WALK THROUGH: Friday, September 8, 2026, at 9:00 AM at Flora Ridge Elementary School, 2900 Dyer Blvd., Kissimmee, FL., 34741

PROCUREMENT CONTACT: Melanie Lachmiller, Senior Buyer Phone: 407-933-9949 Email: melanie.lachmiller@osceolaschools.net

1.0 PURPOSE & OVERVIEW

The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bid for Flora Ridge Elementary School Access Control Project.

Provide and install a complete Access Control system at Flora Ridge Elementary School.

Installation of Hubs, Control panels, and associated hardware with the installation of complete access control system. Include miscellaneous door hardware as required to secure and unlock door through components as required.

2.0 SCOPE OF GOODS AND/OR SERVICES AND APPLICABLE SPECIFICATIONS

This Specification establishes the minimum requirements for this solicitation, listed and described in the body of these specifications, to be used as noted, by The School Board of Osceola County, FL.

A Contractor shall provide Chatsworth 30330-719 horizontal cable manager (or equivalent) to each MDF/IDF closet.

B Contractor shall provide an accurate count of all terminated cables in each MDF/IDF closet to the SSEM & Technology Departments or designee.

C All Hubs/Control Panels cabling shall terminate to dedicated patch panels in the local

MDF/IDF telecom room. Patch panel installation location in racks to be coordinated with SSEM Safety Security and Emergency Management Network Communications Analyst (Alfredo Torres) or designee.

D All cabling shall be labeled at both ends to indicate Hubs/Control Panels number, patch panel number and port number. All labels shall be printed in accordance with UL 969, not handwritten.

E Contractor shall be responsible for all permitting requirements per SDOC Code Compliance.

F All construction areas shall be returned to a safe and clean condition at the end of each workday in compliance with SDOC Division 27 Standards. All material returned to SDOC shall be neatly boxed and left on site at an agreed location with project manager or designee and Site Administration.

G All products shall be on the SDOC approved products list or submitted for approval prior to procurement.

H Contractor shall be responsible for all access control installations to manufacturer's installation specifications.

I All Hubs/Control Panels shall be labeled for identification with specific locations where wire is terminated and patch panel. (Example: If Hub #3 is located in building two (2) second, floor IDF/MDF on patch panel A,#1. The label on mounting surface of Hub/Control Panel support should read IDF 2-201 / PP: A-1)

J All the above information should be included into a compiled list within Microsoft Excel.

K Project Schedule projected Start Date: October 12, 2026, and End Date: April 30, 2027

3.0 SPECIAL TERMS & CONDITIONS

3.01 AWARD TERM

The School Board’s goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Respondent(s) shall be awarded a contract for the completion of Access Control Project for Flora Ridge Elementary School.

The award term recommendation will be that which is determined to be in the best interest of the School Board. All renewals will be contingent upon mutual written agreement and, when applicable, approval of the School Board.

3.02 BID CLOSING DATE

Bids must be received by The School District of Osceola County Procurement Services Department through VendorLink at https://vendorlink.osceola.org no later than 2:00 p.m., eastern time, on Friday, September 22, 2026. Bids received after this time will not be considered.

3.03 TENTATIVE SCHEDULE

August 24, 202, ........................... Invitation to Bid Available September 8, 2026, at 9 AM……Mandatory Pre-Bid Conference September 11, 2026, at 12 PM…Deadline for Questions September 22, 2026, at 2 PM….Bid Closing Date October 6, 2026 .......................... Planned Award Date

October 12, 2026…………….…. Commencement of Construction March 3, 2027……………………Substantial Completion April 30, 2027…………………….Final Completion

3.04 MANDITORY PRE-BID MEETING/WALK THROUGH

A. A mandatory pre-bid meeting/walk through will be held at Flora Ridge Elementary School, 2900 Dyer Blvd, Kissimmee, Fl.,34741, Tuesday, September 8, 2026, @ 9am.

B. Individuals covered by the American with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings should contact the School Board’s Procurement Services Department, Kissimmee, Florida, (407) 870-4625 at least five (5) days prior to the date.

3.05 QUESTIONS CONCERNING ITB

All questions concerning this solicitation must be submitted no later than the date and time specified in Section 3.03 Tentative Schedule and as listed on VendorLink. Please direct all inquiries concerning this solicitation online via VendorLink at https://vendorlink.osceola.org by viewing bid details and clicking on “Ask a Question”. Bidders submitting questions by phone, email or other means will be directed to post their question(s) online at https://vendorlink.osceola.org.

3.06 PUBLIC BID OPENING

A. The Bids will not be available for public records request until a notice of intended decision is issues or thirty (30) days after bid opening date, whichever is earlier. (Florida Statute

119.071 (1) (b)).

B. The Bidder List will be available at https://vendorlink.osceola.org at time of Bid opening.

C. Individuals that would like to hear the names of Bidders read aloud during the official Bid opening may access the electronic meeting Microsoft teams .at the following web address:

[LINK]

3.07 ELECTRONIC BID SUBMITTAL

Bidder shall submit all documents pertaining to this ITB electronically through VendorLink at https://vendorlink.osceola.org. Contact VendorLink technical support at support@evendorlink.com if technical difficulties arise during submission.

A. Upload files only in Excel (.xls or .xlsx), Adobe Portable Document Format (.pdf), or .ZIP file formats.

B. Enable Printing on all files submitted.

C. All required documents must be fully filled out and signed by an official who is authorized to legally bind the Bidder on all solicitation specifications.

D. Clearly identify each part of the submission.

E. Terms and Conditions submitted by Bidder which differ from those in this solicitation may be cause for disqualification of the Bid.

3.08 DEFINITION OF RESPONSIVE AND RESPONSIBLE FOR THIS BID

Each bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria:

A. Proper submittal of ALL documentation as required by this bid. (Responsive)

B. The greatest benefits to the School Board as it pertains to: (Responsible)

1. Total Cost.

2. Delivery.

3. Past Performance. In order to evaluate past performance, all Bidders are required to submit:

a. A list of references with the bid and;

b. A list of relevant projects completed within the last 3 years that are the same or similar to the magnitude of this ITB.

4. All technical specifications associated with this bid.

5. Financial Stability: Demonstrated ability, capacity and/or resources to acquire and maintain required staffing.

6. Current Certificate of Insurance or proof of insurability in the amounts indicated.

7. Evidence of compliance with SBE/VBE participation goals or evidence of good faith efforts as outlined in Paragraph 3.10.

8. Certified Electrical Contractor’s License for Electrical Work, issued by the State of

Florida Construction Industry Licensing Board according to Florida State Statutes, Chapter 489.

Bidders are reminded that award may not necessarily be made to the lowest bid. Rather, award will be made to the lowest, responsive, responsible, Bidder whose bid represents the best overall value to the School Board when considering all evaluation factors.

3.09 BIDDER’S RESPONSIBILITY

The Bidder, by submitting a Bid, represents that:

A. The Bidder understands the ITB in its entirety and that the Bid is made in accordance therewith, and;

B. The Bidder possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the School Board, and;

C. Before submitting a Bid, each Bidder shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the School Board, upon which the Respondent will rely. If the Bidder receives an award because of its Bid submission, failure to have made such investigations and examinations will in no way relieve the Bidder from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Bidder for additional compensation or relief, and;

D. The Bidder will be held responsible for any and all discrepancies, errors, etc. in discounts or rebates which are discovered during the contract term or up to and including five (5) fiscal years following the School Board’s annual audit, including five (5) years thereafter.

3.10 SMALL BUSINESS ENTERPRISE (SBE) AND VETERAN BUSINESS ENTERPRISE (VBE)

PROGRAM PARTICIPATION GUIDELINES

A. GOALS

The School Board is committed to increasing the number of qualified small business and veteran-owned Bidders who wish to provide products and services to the School Board. The School Board has established a current SBE/VBE participation goal for this Bid of ten percent (10%) of the total contract revenues, which may be met with an SBE, a VBE, or a combination of both. All Bidders are encouraged to either meet or exceed the SBE/VBE participation goal or demonstrate good faith efforts to meet such goal.

B. CERTIFICATIONS

Bidders with SBE/VBE ownership must submit valid proof of certification of their own SBE/VBE firm with the bid response from one of the following entities:

The School District of Osceola County (SBE approval letter) Greater Orlando Aviation Authority (Local Developing Business [LDB] approval letter) Orange County Public Schools (LDB approval letter) The United States Department of Veterans Affairs Center, through the Center for

Verification and Evaluation or the United States Small Business Administration (Veteran-Owned Small Business [VOSB] or Service-Disabled Veteran-Owned Small Business [SDVOSB] approval letter)

The State of Florida Department of Management Services Office of Supplier Diversity (VBE certificate)

Each SBE or VBE firm must have a current certification at the time of the bid opening, and that certification must remain current throughout the duration of the contract.

C. SUBCONTRACTING

If a Bidder subcontracts or enters into a partnership or joint venture with another entity, to meet the SBE/VBE participation goal, the Bidder is required to submit with their bid, SBE/VBE participation information, by completing and signing the SBE/VBE Program Participation Form attached hereto and incorporated herein. Participation is defined as the purchase of products and/or services obtained from SBE/VBE companies. The amount of participation shall be the relative proportion of the value for the amount of materials and/or services obtained from SBE/VBE companies to the total amount of the bid. Firms not committing to subcontracting should indicate this on the form.

With each invoice submitted by the Bidder, as a condition precedent to its entitlement to payment, the Bidder shall also submit a monthly written report to the School Board concerning the status of all payments owed by the Bidder to each SBE/VBE firm. The invoice submitted by the Bidder, as a condition precedent to its entitlement to payment, must be signed and dated by the Bidder’s proposed SBE/VBE firm.

D. MEETING GOALS/GOOD FAITH EFFORTS

The School Board shall be the final authority in determining whether a Bidder has met or exceeded the SBE/VBE participation goal or demonstrated good faith efforts to meet such goal. Responsibility for determining the status of SBE and VBE participation by the Bidder shall be with the School Board’s Small Business and Veteran Programs Department. After bid responses have been evaluated, the Small Business and Veteran Programs Department will review the submitted documents to determine whether the Bidder has complied with the participation goals contemplated herein. A Bidder may be considered non-responsive and may be rejected, at the sole discretion of the School Board, if the Bidder fails to meet the goal, fails to provide evidence of good faith efforts, and/or fails to provide the required certification documentation.

E. ONGOING OBLIGATIONS TO MEET GOALS

The Bidder must demonstrate to the satisfaction of the Small Business and Veteran Programs Department throughout the term of the contract that the Bidder is complying with the goals for SBE and VBE participation. If at any time after the award of the bid the Bidder determines that they will be unable to comply with the SBE/VBE participation goals, the Bidder may request an evaluation of its good faith efforts by the Small Business and

Veteran Programs Department. The Small Business and Veteran Programs Department will analyze to verify whether the Bidder has made diligent, good faith efforts to meet the goals for SBE and/or VBE participation.

For clarification regarding the School Board’s SBE or VBE programs, please contact the Small Business and Veteran Programs Department at (407)750-9316. SBE and VBE guidelines may also be accessed at: https://www.osceolaschools.net/Domain/5744.

3.11 INSURANCE REQUIREMENTS

As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at its sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor.

The Contractor shall provide the School Board a certificate of insurance evidencing such coverage. The Contractor’s insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under this Agreement. All insurance policies shall be through insurers authorized or eligible to write policies in the State of Florida and possess an A.M. Best rating of A-, VII or better, subject to approval by the School Board’s Risk Manager.

The coverages, limits, and/or endorsements required herein protect the interests of the School Board, and these coverages, limits, and/or endorsements shall in no way be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposures, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the School Board’s review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement.

The following insurance policies and coverages are required:

Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than:

$1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury

$1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations

Policy must include coverage for contractual liability and independent contractors.

The District, its officials, employees, and volunteers are to be covered as an additional insured with a CG 20 26 04 13 Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the District, its officials, employees, and volunteers.

Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident.

If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non- Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the District must provide Workers’ Compensation insurance. Exceptions and exemptions will be allowed by the District’s Risk Manager, if they are in accordance with Florida Statute.

The Contractor waives, and the Contractor shall ensure that the Contractor’s insurance carrier waives, all subrogation rights against the District, its officials, employees, and volunteers for all losses or damages. The District requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.

The Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones Act, if applicable.

Insurance Certificate Requirements

a. The Contractor shall provide the District with valid Certificates of Insurance (binders are unacceptable) no later than ten (10) days prior to the start of work contemplated in this Agreement.

b. The Contractor shall provide to the District a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium.

c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice.

Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder.

d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the District with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The District reserves the right to suspend the Agreement until this requirement is met.

e. The Certificate of Insurance shall indicate whether coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior.

f. The District shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation.

g. The District shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation insurance policy.

h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance.

The Certificate Holder should read as follows:

The School District of Osceola County

The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the School Board as an Additional Insured shall be at the Contractor’s expense.

If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement.

The Contractor’s insurance coverage shall be primary insurance as respects to the School Board, a Florida municipal corporation, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the School Board, a Florida municipal corporation, its officials, employees, or volunteers shall be non-contributory.

Any exclusion or provision in any insurance policy maintained by the Contractor that excludes coverage required in this Agreement shall be deemed unacceptable and shall be considered breach of contract.

All required insurance policies must be maintained until the contract work has been accepted by the School Board, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the School Board confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The School Board reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies.

The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement to the Contractor’s insurance company or companies and the School Board’s Risk Management office, as soon as practical.

It is the Contractor’s responsibility to ensure that any and all of the Contractor’s independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor.

3.12 SAFETY

The Bidder shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The Bidder shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. Bidder shall take all necessary precautions to ensure all materials provided do not include Asbestos. The Bidder shall indemnify and hold harmless the School Board from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on the School Board because of the Bidder, sub-contractor, or supplier's failure to comply with the regulations.

3.13 SAFETY DATA SHEET

In accordance with Chapter 487 of the Florida Statutes, it is the Bidder's responsibility to identify and to provide to the Procurement Services department and the Office of Environmental Health and Safety a Safety Data Sheet for any material, as may apply to this procurement.

3.14 LOCAL BUSINESS TAX RECEIPTS

A. Any bidder whose permanent business location is in Osceola County must submit with the bid a copy of their Local Business Tax Receipt (formerly known as an "Occupational License") issued to them by the Osceola County Tax Collector.

B. Any bidder whose permanent business location is in a Florida county other than Osceola County must submit with their bid a copy of their Local Business Tax Receipt issued to them by the tax collector of the county of their permanent business location, unless that county does not collect Local Business Taxes or issue Local Business Tax Receipts.

C. Any bidder whose permanent business location is in a Florida county other than Osceola

County and who already has a Local Business Tax Receipt required to exercise the privilege of engaging in or managing any business, profession, or occupation within Osceola County must submit with their bid a copy of their Local Business Tax Receipt issued to them by the Osceola County Tax Collector.

D. Any bidder whose permanent business location is within the jurisdiction of a Florida municipality that collects Local Business Tax must submit with their bid a copy of their Local Business Tax Receipt issued to them by that municipality.

E. Any bidder whose permanent business location is in a state other than Florida must submit with their bid a copy of all licenses or tax receipts required by the state or local government jurisdiction of their permanent business location.

F. Any bidder whose permanent business location is in a state other than Florida and who already has a Local Business Tax Receipt required to exercise the privilege of engaging in or managing any business, profession, or occupation within Osceola County must submit with their bid a copy of their Local Business Tax Receipt issued to them by the Osceola County Tax Collector.

G. A successful bidder whose permanent business location is not in Osceola County, including a successful bidder whose permanent business location is in a state other than Florida, and who does not already have a Local Business Tax Receipt required to exercise the privilege of engaging in or managing any business, profession, or occupation within Osceola County must obtain a Local Business Tax Receipt from the Osceola County Tax Collector within fourteen

(14) days of the School Board electronically posting its intent to award the bid and submit it as an addendum to their bid within twenty-one (21) days of the School Board electronically posting its intent to award the bid, unless exempt under Section 205.065 FL Statutes.

H. Because independent contractors are a separate business for purposes of Local Business Tax, any bidder who intends to use independent contractors to fulfill the contract to be awarded under this Invitation To Bid must submit Local Business Tax Receipts for every independent contractor they intend to use according to the criteria outlined in subparagraphs A-G above. In other words, substitute the words "independent contractor" for the word "bidder" in subparagraphs A-G and any independent contractor who falls within the criteria identified must obtain a Local Business Tax Receipt as outlined and the bidder must submit it as outlined.

I. Any Local Business Tax Receipt submitted as required by this section must list the appropriate business type as closely related as possible to the Title of the Invitation To Bid and the description and scope of work as identified in the Invitation To Bid. If the county or municipality of the bidder's permanent business location does not have a specific category that matches, the Local Business Tax Receipt must list a business type that matches as closely as possible.

3.15 EXEMPT FROM THIS BID

Purchases shall not include items available at lower prices on other School Board bid awards or on Florida State Contracts. Items shall be ordered via individual purchase orders or Visa purchasing card on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order or receipts must be submitted for each purchase on Visa purchasing card.

3.16 SUBSTITUTES

Unapproved substitutes will not be allowed. If items are not available, the school or department noted on the purchase order must be contacted prior to shipment to determine if a substitute is acceptable.

3.17 DAMAGES

Due to the nature of the services to be provided and the potential impact to the School Board for loss of District Property, the Bidder cannot disclaim consequential or inconsequential damages related to the performance of this contract. The Bidder shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or sub-consultants. There are no limitations to this liability.

3.18 NO DAMAGES FOR DELAY

Bidder is not entitled to any additional compensation or increase in the contract sum for direct, indirect, impact, or any other damages arising because of any hindrance or delays caused by the owner or any other cause whatsoever. Bidder’s only remedy for delay, not caused or exacerbated by the Bidder, shall be an extension of time to complete the Bidder’s scope of work. Any extension of time shall be granted at the sole discretion of the School Board, and if granted, shall be in the form of additional days added to the contract.

3.19 LITIGATION

Bidders shall submit details of all litigation, arbitration or other claims, whether pending or resolved in the last five years, with the exception of immaterial claims which are defined herein as claims with a possible value of less than $25,000.00 or which have been resolved for less than $25,000.00. Notwithstanding the foregoing, all litigation, arbitration or other claims, of any amount, asserted by or against a state, city, county, town, school district, political subdivision of a state, special district or any other governmental entity shall be disclosed. Please indicate for each cease the year, name of parties, case of litigation, matter in dispute, disputed amount, and whether the award was for or against the Respondent.

3.20 BANKRUPTCY / INSOLVENCY

At the time of bid submittal, Bidder shall not be in the process of or engaged in any type of proceedings in insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If the vendor/firm is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency or receivership, the School Board may, at its option, terminate and cancel said contract, in which event all rights hereunder shall immediately cease and terminate.

3.21 CONTRACT/BIDDER RELATIONSHIP

The School Board reserves the right to award one or more contracts to provide the required services as deemed to be in the best interest of the School Board.

Any awarded Bidder shall provide the services required herein strictly under a contractual relationship with the School Board and is not, nor shall be, construed to be an agent or employee of the School Board. As an independent contractor the awarded Bidder shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The Bidder shall be responsible for all income tax, FICA, and any other withholdings from its employees' or sub- Bidder’s wages or salaries. Benefits for same shall be the responsibility of the Bidder including, but not limited to, health and life insurance, mandatory Social Security, retirement, liability/risk coverage, and workers' and unemployment compensation.

The Bidder shall hire, compensate, supervise, and terminate members of its workforce; shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform.

The independent Bidder shall not be provided special space, facilities, or equipment by the School Board to perform any of the duties required by the contract nor shall the School Board pay for any business, travel, or training expenses or any other contract performance expenses not specifically set forth in the specifications.

Prior to commencing work the successful Bidder will be required to sign a written contract incorporating the specifications and terms of the Invitation To Bid and the response thereto. Any contract awarded as a result of this ITB shall begin on or about 05/24/2026 and continue through 01/31/2027.

The independent Bidder shall not be exclusively bound to the School Board and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the School Board.

3.22 NEW MATERIAL

Unless otherwise provided for in this specification, the Bidder represents and warrants that the goods, materials, supplies, or components offered to the School Board under this Bid solicitation are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the Bidder believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the School Board’s interest, the Bidder shall so notify the School Board Buyer in writing no later than ten (10) working days prior to the date set for opening of Bids. The notice shall include the reasons for the request and any benefits that may accrue to the School Board if the Buyer authorizes the bidding of used or reconditioned goods, materials, supplies, or components.

3.23 DAMAGES TO RENTAL EQUIPMENT

Rental Bidders agree to purchase such insurance, as they consider necessary to protect their equipment from damage or destruction during the term of this contract for rental of equipment.

Rental Bidders also agree that the School Board shall have no obligation for payment of damages of any nature to equipment provided with or without an operator unless clear and convincing evidence demonstrates that gross negligence of either the School Board or its employees acting within the scope of their employment was the direct cause of such damage or destruction.

Rental Bidders further understand and agree that no employee of the School Board other than the Superintendent or School Board Chairman is authorized to sign any rental or other agreement that contains terms and conditions other than those contained in this solicitation, and that any signature of a School Board employee other than the Superintendent or School Board Chairman shall be interpreted as the School Board’s acknowledgement of delivery only.

3.24 INSTALLATION

Where installation is required, the successful bidder shall deliver, set in place, install, make ready to run, and test (test to be accomplished in the presence of an authorized representative of the School District of Osceola County, Florida). The bidder shall provide a qualified person, at no extra cost, to assure performance of the item and to make the initial start-up and achieve the successful testing. Upon completion of the successful testing of the item, the authorized representative of the School Board shall accept it. All miscellaneous installation materials shall be included in the Total Turnkey price. The miscellaneous installation materials include the following: conduit, wire, fiber, connectors, fittings, boxes, etc. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Successful bidder shall protect the site from damage and shall repair damages or injury caused during the installation by the successful bidder or its employees or agents. If any alternation is required to the Building to achieve installation, the successful bidder shall promptly restore the structure or site to its original condition. Successful bidder shall perform installation work so as to cause the least inconvenience and interference with the School Board and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order.

3.25 WARRANTY- See Construction Agreement incorporated herein as Attachment I

3.26 TIME FOR COMPLETION OR DELIVERY- See Construction Agreement incorporated herein as Attachment H

3.27 LIQUIDATED DAMAGES- see Construction Agreement page 44, paragraph 17.2, incorporated herein as Attachment H

3.28 BARRICADES

The Bidder shall provide all barricades and take all necessary precautions to protect building and personnel. All work shall be complete in every respect and accomplished in a workmanlike manner and Bidder shall provide for removal of all debris from the School Board.

3.29 INSPECTION AND ACCEPTANCE

The School Board’s Project Manager/Authorized Representative will accept each deliverable when it meets the requirements of this Contract and the relevant project noted on the Purchase Order. Inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in the project’s Bid. The scope and nature of this testing should be negotiated prior to the Purchase Order and should be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables.

3.30 PERFORMANCE BOND and PAYMENT BOND

If the project cost is $300,000 or more, a performance and payment bond shall be required. The awarded Bidder shall furnish within ten (10) days of notification of award a Performance Bond and a Payment Bond in the amount of 100% of the contracted price, payable to the School Board, as security for the faithful performance of the Contract. The Performance Bond may be in the form of a bond, cashier’s check or Irrevocable Letter of Credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida with a rating of “A” or higher, as listed in the A.M. Best & Company latest published rating. An attorney in fact who signs a Performance Bond must file with the bond a certified copy of his/her power of attorney to assign said bond. It is the Bidder’s responsibility to have the Performance & Payment Bond recorded with the Osceola County Clerk of Courts and a copy returned to the Procurement Representative with a receipt showing the bond has been recorded. The awarded Bidder, upon failure or refusal to furnish within ten (10) days of notification the required Performance Bond, shall pay to the School Board, as liquidated damages for such failure or refusal, an amount in cash equal to the Bid Bond.

Should the awarded Bidder not enter into a Contract or upon cancellation of the Contract, the School Board reserves the right to obtain services on the open market as required without competition and for such time until a new Bid can be advertised, received, evaluated, and a Contract awarded.

3.31 PATENTS, COPYRIGHTS AND ROYALITIES

All books, manuals, films or other materials suitable for copyright or patent, regardless of means of transmission, produced as a result of the work or services performed under or in connection with this Agreement, are hereby reserved as the exclusive property of and sole ownership by the School Board of Osceola County, Florida, unless and to the extent that the parties agree otherwise, as evidenced in writing and included as part of this agreement. Contractor shall defend, indemnify and hold the School Board, its officers, agents, employees, successors and assigns harmless from and against all third-party claims, suits and proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) incurred as a result of (i) infringement by Contractor of any third-party patent, copyright or trademark or (ii) misappropriation by Contractor of any third-party trade secret in connection with the foregoing. Contractor will indemnify and hold harmless the School Board, its officers, agents, employees, successors and assigns from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by the School Board, its officers, agents, employees, successors and assigns. If Contractor uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the Bid prices will include all royalties or costs arising from the use of such design, device or materials in any way involved in the work.

The Contractor is hereby notified that the federal awarding agency reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and, any rights of copyright to which grantee, subgrantee or Contractor purchases ownership with grant support. Furthermore, the parties agree that the School Board has the right to make copies of any materials, whether in tangible or electronic means or media, that are delivered under the provisions of this agreement for use within the School District of Osceola County for purposes related to School Board business, operations, the delivery of the educational program or to comply with the requirements of law, rule, policy or regulation. Any material not designated as reproducible by Contractor may not be copied by the School Board provided that such material was copyrighted by Contractor before performance under this agreement and was not developed specifically for School Board under this Services Agreement.

3.32 DEFINITIONS As used in this ITB, the following terms shall have the meanings set forth below:

Bidder: That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining business with the School Board to provide the product and/or services set forth herein.

Contract Administrator: The School Board’s Director of Procurement Services or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the contract. Any changes to the resulting contract shall be in writing and authorized by the Director of Procurement and/or the School Board Chair.

Contract: The document resulting from this solicitation between the School Board and the Bidder, including this bid, along with any written addenda and other written documents, which are expressly incorporated by reference.

Contractor’s Project Manager: The Project Manager has responsibility for administering this contract for the successful Bidder(s) and will be designated prior to the issue of the resulting Price Agreement or Purchase Order.

Day: The word “day” means each calendar day or accumulation of calendar days.

Director: The Director is the Director of Procurement Services for the School District of Osceola County.

Exceptions to Bid: An exception is defined as the Bidder’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the bid.

Local Developing Business (LDB): A business that has been certified as a Local Developing Business (LDB) by the Greater Orlando Aviation Authority (GOAA) or by Orange County Public Schools (OCPS).

Offeror: The term “offeror” used herein refers to any dealer, manufacturer, representative, distributor, or business organization submitting an offer to the School Board in response to this invitation.

Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require.

Respondent: The term “respondent” used herein refers to any dealer, manufacturer, representative, distributor, or business organization that will be or has been awarded a contract and/or purchase order pursuant to the terms and conditions of the invitation and accepted offer.

School Board: The word School Board refers to the elected officials of the School Board of Osceola County, Florida, its duly authorized representatives, and any school, department, or unit within the School District.

School Board’s Authorized Representative: The School Board’s Authorized Representative shall have responsibility for the day-to-day administration of the resulting contract for the School Board and will be designated prior to award of the resulting Purchase Order.

School District: The word School District refers to the entity, The School District of Osceola County, Florida.

Small Business Enterprise (SBE): An active operating business that is Domiciled in the State of Florida; that meets the Revenue Limitations and that is owned and controlled by one or more individuals whose personal net worth does not exceed the Net Worth Limitation as defined in School Board Policy 7.701+.

Using Agency: The term “using agency” used herein refers to any school, department, committee, authority, or another unit in the School District using supplies or procuring contractual services as provided for in the Procurement Services Department of the School District.

Veteran Business Enterprise (VBE): A business that has been certified by the United States Department of Veterans Affairs, through the Center for Verification and Evaluation (CVE), the United States Small Business Administration (SBA), or by the State of Florida Department of Management Services, through the Office of Supplier Diversity (OSD) as defined in School Board Policy 7.702+.

Definitions listed in the Procurement Procedures Manual posted on the Procurement Services website, https://www.osceolaschools.net/Page/2060 shall be incorporated herein by reference.

4.0 SUBMITTAL REQUIREMENTS

(Submit in the following order)

A. Attachment B - Completed Bidder’s Acknowledgement and agreement of the Standard Terms and Conditions.

1. Drug Free Workplace Certification

2. Instruction for Debarment Certification

3. Certification Regarding Debarment

4. Emergency/Storm Related Catastrophe Acknowledgement

5. Notification Regarding Public Entity Crime and Discriminatory Vendor Lists

6. Prohibition Against Contracting with Scrutinized Companies

7. Conflict of Interest

8. Confidential Materials Acknowledgement

9. STATUTORY COMPLIANCE AFFIDAVIT

10. Certified Electrical Contractor’s License for Electrical Work, issued by the State of

Florida Construction Industry Licensing Board according to Florida State Statutes, Chapter 489.

B. Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm’s bid. Failure to return signed addenda may be cause for the bid to be considered non-responsive.

C. Completed Attachment C – References Form. List at least three (3) recent references where the proposed product has been used within the last three (3) years.

D. Completed Attachment D - Bid Price Sheet

E. All vendors, including predecessors or related vendor or entity, shall identify any litigation in which they have been involved in, including arbitration and administrative proceedings, during the past five (5) years involving claims in excess of twenty-five thousand (25,000) dollars. Include a brief legal description of the dispute and its current status. Where the action or lawsuit involved a similar project as herein discussed, Bidder shall describe the particular circumstances giving rise to the dispute.

F. All Bidders shall be prepared to their most recent financial statement, preferably a certified audit, or their most recent tax return and balance sheet. If submitting financial information that you would like to be classified as “confidential”, complete and submit the Non- Disclosure Agreement for Confidential Materials paperwork; herein attached.

G. Local Business Tax Receipts in accordance with the Section herein addressed.

H. Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and/or project number and School Board contact person.

I. The Bidder must submit with his bid the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular workhours and after-hours, weekends, and holidays must be identified.

J. If a Bidder must subcontract any portion of a contract for any reason, he must state the name and address of the subcontractor and the name of the person to be contacted. The School Board also reserves the right to reject a bid or any Bidder if the bid names a subcontractor who has previously failed to deliver on time contracts of similar nature, or who is not in a position to perform properly this award. The School Board reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing.

K. Evidence of compliance with SBE/VBE participation goals, which may include valid proof of

SBE/VBE certification, completed SBE/VBE Program Participation Form, or evidence of good faith efforts as outlined in Paragraph 3.10 and Attachment E.

L. Certified Electrical Contractor’s License for Electrical Work, issued by the State of Florida Construction Industry Licensing Board according to Florida State Statutes, Chapter 489.

5.0 ATTACHMENTS

Attachment “A” ITB General Terms & Conditions Attachment “B” ITB Bid Acknowledgement and Standard Terms & Conditions Attachment “C” References Attachment “D” Bid Price Sheet Attachment “E” SBE VBE Program Participation Form Attachment “F” Report of Unsatisfactory Materials and/or Service (Example) Attachment “G” Federal Terms and Conditions Attachment “H” Construction Agreement Attachment “I” Payment Bond Form Attachment “J” Performance Bond Form Attachment “K” Fish Drawings