Fencing, Commercial

Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive FAX: (904)858-4868 Jacksonville, FL 32207 June 21, 2023 Shifting Gears, LLC Bullard Fence RE: ITBS-043-23/JR Dear Sir/Madam: On Thursday, June 15, 2023, the Superintendent designee of Duval County Public Schools approved the award of bid ITBS-043-23/JR – Fencing, Commercial. This is your official notification of bid award. This award is for the period of date of award through March 31, 2025. Please forward a copy of your insurance certificate as required per special condition #31 to the buyer, James Robinson. (Email and fax are both acceptable.) Purchase orders will be issued for these items as needed during the bid period. If you have any questions regarding this bid, please contact James Robinson (904) 858-4837. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS

Purchasing Services Cc: James Robinson Master Bid folder http://www.duvalschools.org/ ITBS-043-23/JR COMMERCIAL FENCING Date Opened: 06/01/2023 BID TABULATION Item Description Qty Unit Price Extension Price Extension CHAIN LINK FENCING (ATTACHMENT A) 1 4' Chain Link Fencing 1,000 LF $13.00 $13,000.00 $12.00 $12,000.00 2 6' Chain Link Fencing 30,000 LF $33.00 $990,000.00 $22.00 $660,000.00 3 8' Chain Link Fencing 1,000 LF $23.00 $23,000.00 $32.00 $32,000.00 4 10' Chain Link Fencing 500 LF $25.00 $12,500.00 $42.00 $21,000.00 5 10' Tennis Court Fencing 1,000 LF $35.00 $35,000.00 $42.00 $42,000.00 6 4' Chain Link Fencing, Vinyl Coated 500 LF $12.00 $6,000.00 $15.00 $7,500.00 7 6' Chain Link Fencing, Vinyl Coated, 1,000 LF $32.00 $32,000.00 $30.00 $30,000.00 8 8’ Chain Link Fencing, Vinyl Coated 500 LF $22.00 $11,000.00 $32.00 $16,000.00 CHAIN LINK SWING GATES (ATTACHMENT B) 9 Up to 4' x 4' Chain link Single Walk Gate, a 1 Each $150.00 $150.00 $567.00 $567.00 10 4'1" to 6' x 4' Chain Link Single Walk Gate, 1 Each $150.00 $150.00 $622.00 $622.00 11 6'1" to 8' x 4' Chain Link Single Walk Gate, 1 Each $150.00 $150.00 $732.00 $732.00 12 Up to 4' x 6' Chain link Single Walk Gate, 1 Each $600.00 $600.00 $773.00 $773.00 13 4'1 to 6' x 6' Chain Link Single Walk Gate, 1 Each $600.00 $600.00 $787.00 $787.00 14 6'1" to 8' x 6' Chain Link Single Walk Gate, 1 Each $200.00 $200.00 $732.00 $732.00 15 Up to 4' x 8' Chain Link Single Walk Gate, 1 Each $300.00 $300.00 $810.00 $810.00 16 4'1" to 6' x 8' Chain Link Single Walk Gate, 1 Each $200.00 $200.00 $810.00 $810.00 17 6'1" to 8' x 8' Chail Link Single Walk Gate, 1 Each $200.00 $200.00 $900.00 $900.00 18 Up to 4' x 10' Chain Link Single Walk Gate, 1 Each $300.00 $300.00 $1,050.00 $1,050.00 19 4'1" to 6' x10' Chain Link Single Walk Gate, 1 Each $200.00 $200.00 $1,080.00 $1,080.00 20 6'1" to 8' x 10' Chain Link Single Walk Gate, 1 Each $100.00 $100.00 $1,176.00 $1,176.00 CHAIN LINK SWING DOUBLE DRIVE GATE (ATTACHMENT C-D) 21 Up to 8' wide x 4' high Chain Link Double Drive Gate, 1 Each $300.00 $300.00 $1,470.00 $1,470.00 22 8'1" to 10' wide x 4' high Chain Link Double Drive Gate, 1 Each $300.00 $300.00 $1,470.00 $1,470.00 23 10'1 to 12' wide x 4' high Chain Link Double Drive Gate, 1 Each $300.00 $300.00 $1,656.00 $1,656.00 24 Up to 8' wide x 6' high Chain Link Double Drive Gate, 1 Each $300.00 $300.00 $1,620.00 $1,620.00 25 8'1" to 10' wide x 6' high Chain Link Double Drive Gate, 1 Each $1,300.00 $1,300.00 $1,632.00 $1,632.00 26 10'1" to 12' wide x 6' high Chain Link Double Drive Gate, 1 Each $1,500.00 $1,500.00 $1,608.00 $1,608.00 27 12'1" to 14' wide x 6' high Chain Link Double Drive Gate, 1 Each $1,700.00 $1,700.00 $1,728.00 $1,728.00 28 14'1" to 16' wide x 6' high Chain Link Double Drive Gate, 1 Each $1,900.00 $1,900.00 $1,800.00 $1,800.00 29 16'1" to 18' wide 6' high Chain Link Double Drive Gate, all inclusive and installed per sections 4.0, 4.4 and 7.2 1 Each $2,100.00 $2,100.00 $1,980.00 $1,980.00 SHIFTING GEARS LLC (PRIMARY) BULLARD FENCE (SECONDARY) Page 1 of 4 ITBS-043-23/JR COMMERCIAL FENCING Date Opened: 06/01/2023 BID TABULATION Item Description Qty Unit Price Extension Price Extension SHIFTING GEARS LLC (PRIMARY) BULLARD FENCE (SECONDARY) 30 18'1" to 20' wide x 6' high Chain Link Double Drive Gate, 1 Each $2,300.00 $2,300.00 $2,010.00 $2,010.00 31 20'1" to 22' wide x 6' high Chain Link Double Drive Gate, 1 Each $2,400.00 $2,400.00 $2,160.00 $2,160.00 32 22'1" to 24' wide x 6' high Chain Link Double Drive Gate, 1 Each $2,500.00 $2,500.00 $2,220.00 $2,220.00 33 24'1" to 26' wide x 6' high Chain Link Double Drive Gate, 1 Each $2,600.00 $2,600.00 $2,316.00 $2,316.00 34 26'1" to 28' wide x 6' high Chain Link Double Drive Gate, 1 Each $2,800.00 $2,800.00 $2,340.00 $2,340.00 35 28'1" to 30' wide x 6' high Chain Link Double Drive Gate, 1 Each $3,000.00 $3,000.00 $2,400.00 $2,400.00 36 30'1" to 32' wide x 6' high Chain Link Double Drive Gate, 1 Each $3,300.00 $3,300.00 $2,640.00 $2,640.00 37 32'1" to 34' wide x 6' high Chain Link Double Drive Gate, 1 Each $3,400.00 $3,400.00 $2,760.00 $2,760.00 38 34'1" to 36' wide x 6' high Chain Link Double Drive Gate, 1 Each $3,500.00 $3,500.00 $3,240.00 $3,240.00 39 36'1" to 38' wide x 6' high Chain Link Double Drive Gate, 1 Each $3,600.00 $3,600.00 $3,360.00 $3,360.00 40 38'1" to 40' wide x 6' high Chain Link Double Drive Gate, 1 Each $3,800.00 $3,800.00 $4,140.00 $4,140.00 41 40'1" to 42' wide x 6' high Chain Link Double Drive Gate, 1 Each $4,000.00 $4,000.00 $4,200.00 $4,200.00 42 42'1" to 44' wide x 6' high Chain Link Double Drive Gate, 1 Each $4,100.00 $4,100.00 $4,260.00 $4,260.00 43 44'1" to 46' wide x 6' high Chain Link Double Drive Gate, 1 Each $4,200.00 $4,200.00 $4,272.00 $4,272.00 44 46'1" to 48' wide x 6' high Chain Link Double Drive Gate, 1 Each $4,400.00 $4,400.00 $4,320.00 $4,320.00 45 Up to 8' wide x 8' high Chain Link Double Drive Gate, 1 Each $400.00 $400.00 $1,320.00 $1,320.00 46 8'1" to 10' wide x8' high Chain Link Double Drive Gate, 1 Each $500.00 $500.00 $1,380.00 $1,380.00 47 10'1 tp 12' wide x 8' high Chain Link Double Drive Gate, 1 Each $500.00 $500.00 $1,620.00 $1,620.00 48 Up to 8' wide x 10' high Chain Link Double Drive Gate, 1 Each $500.00 $500.00 $2,760.00 $2,760.00 49 8'1" to 10' wide x 10' high Chain Link Double Drive Gate, 1 Each $500.00 $500.00 $3,240.00 $3,240.00 50 10'1" to 12' wide x 10' high Chain Link Double Drive Gate, 1 Each $500.00 $500.00 $3,420.00 $3,420.00 CHAIN LINK ROLLING SINGLE VEHICULAR GATES (Attachment E) 51 10'1" to 12' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $800.00 $800.00 $975.00 $975.00 52 12'1" to 14' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $900.00 $900.00 $1,625.00 $1,625.00 Page 2 of 4 ITBS-043-23/JR COMMERCIAL FENCING Date Opened: 06/01/2023 BID TABULATION Item Description Qty Unit Price Extension Price Extension SHIFTING GEARS LLC (PRIMARY) BULLARD FENCE (SECONDARY) 53 14'1" to 16' wide x 6' high Chain Link Single Vehicular Drive Gate, all inclusive and installed per sections 4.0, 4.4.6 and 7.4 1 Each $1,000.00 $1,000.00 $1,755.00 $1,755.00 54 16'1" to 18' wide x 6' high Chain Link Single Vehicular Drive Gate, all inclusive and installed per sections 4.0, 4.4.6 and 7.4 1 Each $1,100.00 $1,100.00 $1,885.00 $1,885.00 55 18'1" to 20' wide x 6' high Chain Link Single Vehicular Drive Gate, all inclusive and installed per sections 4.0, 4.4.6 and 7.4 1 Each $1,150.00 $1,150.00 $2,015.00 $2,015.00 56 20'1" to 22' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,150.00 $1,150.00 $2,145.00 $2,145.00 CHAIN LINK ROLLING DOUBLE VEHICULAR GATES (Attachment E) 57 22'1" to 24' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,000.00 $1,000.00 $2,275.00 $2,275.00 58 24'1" to 26' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,000.00 $1,000.00 $2,405.00 $2,405.00 59 26'1" to 28' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,200.00 $1,200.00 $2,600.00 $2,600.00 60 28'1" to 30' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,300.00 $1,300.00 $2,730.00 $2,730.00 61 30'1" to 32' wide x 6' high Chain Link Single Vehicular Drive Gate 1 Each $1,400.00 $1,400.00 $2,860.00 $2,860.00 62 32'1" to 34' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,500.00 $1,500.00 $2,990.00 $2,990.00 63 34'1" to 36' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,600.00 $1,600.00 $3,120.00 $3,120.00 64 36'1" to 38' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,700.00 $1,700.00 $3,250.00 $3,250.00 65 38'1" to 40' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,700.00 $1,700.00 $3,380.00 $3,380.00 66 40'1" to 42' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,800.00 $1,800.00 $3,510.00 $3,510.00 67 42'1" to 44' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,800.00 $1,800.00 $3,640.00 $3,640.00 68 44'1" to 46' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,800.00 $1,800.00 $3,900.00 $3,900.00 69 46'1" to 48' wide x 6' high Chain Link Single Vehicular Drive Gate, 1 Each $1,850.00 $1,850.00 $4,940.00 $4,940.00 COMMERCIAL ORNAMENTAL STEEL FENCING 70 4' Ornamental Steel Fencing, 500 LF $60.00 $30,000.00 $50.00 $25,000.00 71 6' Ornamental Steel Fencing, 1,500 LF $85.00 $127,500.00 $70.00 $105,000.00 72 8' Ornamental Steel Fencing, 500 LF $125.00 $62,500.00 $90.00 $45,000.00 ORNAMENTAL STEEL PEDESTRIAN GATES WITH PANIC HARDWARE (Attachment F-J) 73 4' Wide Single Walk Gate with Panic Hardware, 15 Each $3,000.00 $45,000.00 $4,500.00 $67,500.00 Page 3 of 4 ITBS-043-23/JR COMMERCIAL FENCING Date Opened: 06/01/2023 BID TABULATION Item Description Qty Unit Price Extension Price Extension SHIFTING GEARS LLC (PRIMARY) BULLARD FENCE (SECONDARY) 74 8' Wide Double Walk Gate with panic Hardware and removable mullion, 15 Each $6,000.00 $90,000.00 $8,500.00 $127,500.00 COMMERCIAL ORNAMENTAL ALUMINUM FENCING 75 4' Ornamental Aluminum Fencing, 500 Each $60.00 $30,000.00 $43.00 $21,500.00 76 6' Ornamental Aluminum Fencing, 1,500 Each $85.00 $127,500.00 $47.00 $70,500.00 77 8' Ornamental Aluminum Fencing, 500 Each $125.00 $62,500.00 $65.00 $32,500.00 ORNAMENTAL ALUMINUM PEDESTRIAN GATES WITH PANIC HARDWARE (Attachment K-O) 78 4' Wide Single Walk Gate with Panic Hardware, 10 Each $4,000.00 $40,000.00 $5,300.00 $53,000.00 79 8' Wide Double Walk Gate with panic Hardware and Removable Mullion, 10 Each $8,000.00 $80,000.00 $8,900.00 $89,000.00 ORNAMENTAL ALUMINUM PEDESTRAIN GATE WITH STEEL FRAMES AND HARDWARE (Attachment P-Q) 80 4' Ornamental Aluminum gate with steel frame 1 EACH $8,000.00 $8,000.00 $5,300.00 $5,300.00 81 8' Ormametal Aluminum gate with steel frame 1 EACH $14,000.00 $14,000.00 $8,900.00 $8,900.00 OTHER ITEMS 82 Fence Removal 5,000 LF $2.00 $10,000.00 $1.75 $8,750.00 TOTAL EXTENED PRING $1,940,900.00 $1,617,331.00 Prepared by: Cammie Wise Verified by: James Robinson Date: Award = 06/06/2023 Page 4 of 4 INVITATION TO BID www.duvalschools.org/purchasing May 3, 2023 Buyer: James Robinson Phone: 904-858-4837 Bid Number: ITBS-043-23/JR Bid Title: FENCING, COMMERCIAL Term of Bid: From date of award through March 31, 2025 with renewal options. Opening: Thursday, June 1st 2023 at 2:00 p.m. Bids may be submitted prior to bid opening deadline. Bids received prior to this date and time will be opened in the Conference Room on bid deadline, and may not be withdrawn for 120 days after bid opening. All bids received after the specified date and time will be returned unopened. Submit Bid To: DCPS Purchasing Services / 1701 Prudential Drive, Suite 322 / Jacksonville FL 32207 Special Requirements: See Special Condition #5, (Sheltered Market) BIDDER ACKNOWLEDGEMENT This form must be completed, returned, and include an original signature for bid to be considered. By signing below, I attest that I have acquainted myself with the general conditions, special conditions and specifications of this bid, and agree to comply with them all. I certify that I am authorized to obligate on behalf of the bidder and that the address shown on this form is the company’s principal place of business. Bid documents shall be submitted in a sealed envelope clearly marked with this bid number, opening date and time. Legal Name of Firm: Mailing Address: City, State, Zip Code: Telephone: Toll Free: Fax: Email Address: Internet URL: Federal ID # or SS #: Duns #: If you are a certified minority, state certifying agency: Payments will be made in accordance with Florida Statute 218. Form of Payment accepted: Credit Card _____ or ACH _____ (see Special Condition #36) Initial Initial Delivery can be made within calendar days after receipt of order. Addenda through received. (if applicable) Original Signature of Authorized Representative: Required Printed/Typed Name of Authorized Representative: Title: Date: http://www.duvalschools.org/purchasing GENERAL CONDITIONS 1. RESERVATIONS: Duval County Public Schools reserves the right to reject any or all bids or any part thereof and/or waive informalities if such action is deemed in the best interest of Duval County Public Schools. Duval County Public Schools reserves the right to cancel any contract, if in its opinion, there be a failure at any time to perform adequately the stipulations of this invitation to bid, and general conditions and specifications which are attached and made part of this bid, or in any case of any attempt to willfully impose upon Duval County Public Schools materials or products or workmanship which is, in the opinion of Duval County Public Schools, of an unacceptable quality. Any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claim of Duval County Public Schools to damages for the breach of any covenants of the contract by the contractor. Duval County Public Schools also reserves the right to reject the bid of any bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing materials similar in nature to those materials mentioned in this bid. Should the contractor fail to comply with the conditions of this contract or fail to complete the required work or furnish the required materials within the time stipulated in the contract, Duval County Public Schools reserves the right to purchase in the open market, or to complete the required work, at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bond is required under the conditions of this bid. Should the contractor fail to furnish any item or items, or to complete the required work included in this contract, Duval County Public Schools reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of Duval County Public Schools thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF MEANING OF ANY PART OF THIS BID HE/SHE SHOULD CONTACT THE BUYER IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING HIS/HER BID. All items furnished must be completely new, and free from defects unless specified otherwise. No others will be accepted under the terms and intent of this bid. 2. QUOTATIONS: No bidder will be allowed to offer more than one price on each item even though he/she may feel that he/she has two or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM, ALL PRICES FOR THAT ITEM WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF PURCHASING. 3. TAXES: Duval County Public Schools is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate No. 85-8013988912C-0. 4. CARTAGE: No charge will be allowed for cartage or packages unless by special agreement. 5. OR ACCEPTABLE SUBSTITUTION: Even though a particular manufacturer’s name or brand is specified, bids will be considered on other brands or on the product of other manufacturers. On all such bids the bidder shall indicate clearly the product (brand and model number) on which he/she is bidding, and shall supply a sample or sufficient data in detail to enable an informed comparison to be made with the particular brand or manufacturer specified. All samples shall be submitted in accordance with procedures outlined in paragraph on SAMPLES. Catalog cuts and technical descriptive data shall be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of bid. 6. DEVIATIONS FROM SPECIFICATIONS: In addition to the requirements of paragraph 5, all deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to Duval County Public Schools to the specifications as written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and or equipment when delivered. 7. DATA REQUIRED TO BE SUBMITTED WITH REFERENCE TO BID: a. Whenever the specifications indicate a product of a particular manufacture, model, or brand in the absence of any statement to the contrary by the bidder, the bid will be interpreted as being for the exact brand, model, or manufacture specified, together with all accessories, qualities, tolerances, composition, etc., enumerated in the detailed specifications. b. If no particular brand, model or make is specified, and if no data is required to be submitted with the bid, the successful contractor, after award and before manufacture or shipment, may be required to submit working drawings or detailed descriptive data sufficient to enable Duval County Public Schools to judge if each requirement of the specifications is being met. 8. SAMPLES: The samples submitted by bidders on items which they have received an award may be retained by Duval County Public Schools until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted. Sample on which bidders are unsuccessful must be removed as soon as possible after award has been made on the item or items for which the samples have been submitted. Duval County Public Schools will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. Duval County Public Schools reserves the right to consume any or all samples for testing purposes. Bidders shall make all arrangements for delivery of samples to place designated as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All sample packages shall be marked “Sample for Purchasing Services” and each sample shall bear the name of the bidder, item number, bid number and shall be carefully tagged or marked in a substantial manner. Failure to the bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid. 9. PERFORMANCE BOND: The successful bidder on this bid must furnish a performance bond if indicated on the bid cover, made out to Duval County Public Schools, prepared on an approved form, as security for the faithful performance of his/her contract within ten days of his/her notification that his/her bid has been accepted. The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of Florida. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. The successful bidder or bidders upon failure or refusal to furnish within ten days after his/her notification the required performance bond, shall pay to Duval County Public Schools as liquidated damages for each failure or refusal an amount in cash equal to the security deposited with his/her bid. 10. GUARANTEE: The contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished by him/her for a period of one year from date of acceptance of the items delivered and installed, unless otherwise specified herein. If, within the guarantee period, any defects or signs of deterioration are noted, which, in the opinion of Duval County Public Schools are due to faulty design and installation, workmanship, or materials, upon ratification, the contractor, at his/her expense, shall repair or adjust the equipment or parts to correct the condition, or he/she shall replace the part or entire unit to the complete satisfaction of Duval County Public Schools. These repairs, replacements or adjustments shall be made only at such times as will be designated by Duval County Public Schools as least detrimental to the operation of Duval County Public Schools business. 11. DISCOUNTS: all discounts to be included in bid price. 12. COLLUSION: the bidder, by affixing his/her signature to this proposal, agrees to the following: bidder certifies that this bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same items; and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 13. ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so will be at the bidder’s own risk and he/she cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of error in extension of prices in the bid, the unit price shall govern. 14. All bid responses are to be submitted in typewritten form or submitted in ink. Responses received in pencil will not be accepted. 15. LOCAL PREFERENCE: When the lowest bid for printing services or for personal property is submitted by a firm whose principal place of business is outside of the State of Florida, a minimum five percent (5%) preference shall be given to bids submitted by firms whose principal place of business is within the State of Florida. If the state or political subdivision within which the out-of-state firm has its principal place of business maintains a local preference, the preference given to bidders from the State of Florida shall be of an equal percentage. Duval County Public Schools Office of Economic Opportunity Sheltered Market for SBEs and/or M/WBEs Under the provisions of Board Rule on the SMALL/MICRO BUSINESS ENTERPRISE PROGRAM AND MINORITY/WOMEN BUSINESS ENTERPRISE CERTIFICATION, this bid is reserved for EXCLUSIVE COMPETENTION by qualified Small Business Enterprise (SBE) if the OEO has sheltered it for SBEs or for qualified Minority/Women Business Enterprise (M/WBE) if the OEO has sheltered for M/WBEs. Before bid opening, all parties responding to this bid must be certified as a Small Business Enterprise and/or Minority/Women Business Enterprise, depending on the OEO recommendation, with Duval County Public Schools. Any party desiring additional information concerning participation on this bid should contact: Paula Wright, Supervisor Office of Economic Opportunity (904) 858-4860 WrightP2@duvalschools.org or Office of Economic Opportunity 1701 Prudential Drive, Suite 322 Jacksonville, FL 32207 (904) 858-1480/ (904) 858-1492 fax mailto:WrightP2@duvalschools.org SUBMISSION OF BIDS Bids must be submitted prior to the time set for opening. Bids are to be delivered to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville, Florida 32207. Bidders are fully responsible for delivery of bids. Reliance upon mail or public carrier is at the bidder’s risk. For bids delivered in person, it is the responsibility of the deliverer to obtain a delivery receipt from the Purchasing Services staff person who has received the bid. Late bids are not considered and will be returned unopened. Official time for the purpose of bid opening, will be calibrated using http://www.timeanddate.com/worldclock/results.html?query=jacksonville. ********* NOTE ********* Bid documents shall be submitted in a sealed envelope clearly marked with the bid number as found on the Bidder Acknowledgement page, opening date and time. Failure to do so will result in your bid being returned unopened. Faxed or e-mailed bids will not be accepted. BID OPENING PROCEDURES Bids will be opened publicly in the Conference Room at 2:00 p.m. Prices will be read upon the request of bidder(s) in attendance. Pricing read during bid opening, is for informational purposes only. Prices will be verified during the bid evaluation process. Arrangements may be made to review bid documents at a later date. AWARD RECOMMENDATION AND BID TABULATION For Award Recommendation, refer to Special Condition titled “Posting of Bid Recommendation”. Bid Tabulation will be posted on the web after contract award has been made. www.duvalschools.org/purchasing or www.demandstar.com Bid results or award recommendations will not be given by telephone. POSTING OF BID TABULATIONS Bid tabulations will be posted at Duval County Public Schools, Purchasing Services Department, 1701 Prudential Drive, Suite 322, Jacksonville, FL 32207. Awarded vendors will receive an official Notification of Award letter after the Board has taken action. http://www.timeanddate.com/worldclock/results.html?query=jacksonville http://www.duvalschools.org/purchasing http://www.demandstar.com/ Bid No. ITBS-043-23/JR CONFLICT OF INTEREST CERTIFICATE Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12). Failure to execute either section may result in rejection of this bid proposal. SECTION I I hereby certify that no official or employee of Duval County Public Schools requiring the goods or services described in these specifications has a material financial interest in this company. ________________________________ ________________________________ Signature Company Name ________________________________ ________________________________ Name of Official (Type or print) Business Address ________________________________ City, State, Zip Code SECTION II I hereby certify that the following named Duval County Public Schools official(s) and employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 105 East Monroe Street, Jacksonville, Duval County, Florida, prior to bid opening. Name Title or Position Date of Filing ___________________________ ______________________ ___________________ ___________________________ ______________________ ___________________ _________________________________ ________________________________ Signature Company Name _________________________________ ________________________________ Print Name of Certifying Official Business Address ________________________________ City, State, Zip Code FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the “District”) and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. -------------------------------------------------------------------------------------------------------------------- 1. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor’s books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is equal opportunity and affirmative action employer and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow the District to sustain the cost (if applicable). 5. The Contractor agrees to properly complete and submit to the District a federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit 7. The Contractor agrees to properly complete and submit to the District a federal drug free workplace certification form. 8. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. --------------------------------------------------------------------------------------------------------------------------------- CONTRACTOR: ______ PRINT NAME OF AUTHORIZED REPRESENTATIVE: ______ SIGNATURE OF AUTHORIZED REPRESENTATIVE: ___________________ TITLE: DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction 5) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug- free workplace is a violation of Florida Statutes 287.087. _________________________________________ Contractor’s SIGNATURE/DATE _________________________________________ NAME/TITLE _________________________________________ Name of COMPANY CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor (or subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this Certification. ___________________________________________ Contractor’s SIGNATURE/DATE ___________________________________________ NAME/TITLE OF AUTHORIZED REPRESENTATIVE ___________________________________________ Name of COMPANY INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. 2. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. 3. Proposal rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. 4. In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term “complementary offer” as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance of competition. 6. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. EXHIBIT 2 COMPOSITE FEDERAL FORMS NON-COLLUSION AFFIDAVIT State of FLORIDA County of DUVAL I state that I am the of , a , and I am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. I am the person responsible in my firm for the price(s), guarantees and the total financial commitment represented in the firm’s offer. I hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening of offers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) , its affiliates, subsidiaries, officers, directors, employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding, proposing or offering on any public contract, except as follows: I attest that , understands and acknowledges that the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. (Signature) (Date) Protest Policy – School Board Policy 7.70 V. Protests Arising From The Contract Solicitation or Award Process A. This section implements section 120.57(3), Florida Statutes and Chapter 28-110, Florida Administrative Code. a. School District's Notice of Decision or Intended Decision. Pursuant to section 120.57(3), Florida Statutes, the Director of Purchasing shall post notice of a Decision or Intended Decision concerning a solicitation or contract award arising out of the contract solicitation or award process by electronic posting. “Electronic posting” or “electronically post” means the noticing of solicitations, agency decisions or intended decisions, or other matters relating to procurement on a centralized Internet website designated for this purpose. This notice shall contain the following statement: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post a bond or other security, as may be required by law, within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." b. Notice of Protest. In a contract procurement process, any person who is adversely affected by the agency Decision or Intended Decision and intends to protest the Decision or Intended Decision, shall file a notice of protest in writing with the school district’s Agency Clerk (Executive Director, Office of Policy and Compliance) within seventy-two (72) hours after the posting of the notice of Decision or Intended Decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed with the Agency Clerk in writing within seventy-two (72) hours after the posting of the solicitation. i. A notice of protest should not be filed before the seventy-two (72) hour period begins. The seventy-two (72) hour period begins upon posting of the Decision or Intended Decision. ii. The notice of protest must be actually received by the Agency Clerk before the seventy-two (72) hour period expires. The seventy-two (72) hour period excludes Saturdays, Sundays, and holidays when the school district’s administrative office is closed. The seventy-two (72) hour period is not extended by service of the notice of protest by mail. Failure to timely file a notice of protest shall constitute a waiver of proceedings under this section and section 120.57(3), Florida Statutes. iii. The notice of protest shall identify the procurement by number and title or any other language that will clearly enable the Agency Clerk to identify it; and it shall state that the person intends to protest the decision. c. Formal Written Protest. The protester shall file a formal written protest with the Agency Clerk within ten (10) days after the date the notice of protest is filed. Failure to timely file the formal written protest shall constitute a waiver of proceedings under this Policy and section 120.57(3), Florida Statutes. The ten (10) day period for filing the petition is not extended by service of the petition by mail. i. The formal written protest shall: A. state with particularity the facts and law upon which the protest is based; B. contain all the information specified in Rule 28-106.201(2), Florida Administrative Code and Rule 28-106.301(2), Florida Administrative Code; and C. be substantially in the form of a petition set forth in Rule 28-110.004(2), Florida Administrative Code, naming "The School Board of Duval County, Florida" as the Respondent. ii. Pursuant to Rule 28-110.004(1), Florida Administrative Code, if the formal written protest is filed in proper form within the seventy-two (72) hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest, and all time limits applicable to a notice of protest are waived and the time limits relative to formal written protests shall apply. iii. Posting the Bond. The party protesting the bid specification or recommended award shall be required to post a bond in a form consistent with Rule 28-110.005(2), Florida Administrative Code and timely submit that bond to the School District Purchasing Department. iv. Bond: Commodities (Other than Lease of Space) and Contractual Services (Including Professional Services and Insurance). Any person who files an action protesting a Decision or Intended Decision pertaining to a solicitation or contract award shall post with the Director of Purchasing, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida, payable to “The School Board of Duval County, Florida” in an amount equal to one percent (1%) of the School District's estimate of the dollar value of the proposed contract. A. The School District shall provide the estimated contract amount to the protester within seventy- two (72) hours (excluding Saturdays, Sundays, and holidays when the School District administrative office is closed) after the filing of the notice of protest. The estimated contract amount is not subject to protest under this Policy or section 120.57(3), Florida Statutes. This information may be provided as part of the Decision or Intended Decision documents. In lieu of a bond, the Director of Purchasing may accept a cashier's check, official bank check, or money order in the amount of the bond. B. The bond shall be conditioned upon the payment of all costs and charges which may be adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. C. If, after completion of the administrative hearing process and any appellate court proceedings, the School Board prevails, it shall be entitled to recover all costs and charges which are included in the final order or judgment, excluding attorney's fees. Upon payment of such costs and charges by the person protesting the Decision or Intended Decision or contract award, the bond, cashier's check, official bank check, or money order shall be returned to the protestor. If, after the completion of the administrative hearing process and any appellate court proceedings, the protestor prevails, the protestor may recover from the School Board the costs and charges which are included in the final order or judgment, excluding attorney's fees. v. Bond: Construction Purchasing. Protesters regarding competitive procurement related to educational facilities shall be required to post a bond in the amount specified in section 255.0516, Florida Statutes, which also governs recovery of fees and costs including attorney's fees. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, protesters shall post a bond in the amount of one percent (1%) of the School District’s estimate of the dollar value of the proposed contract or $5,000, whichever is greater. d. Staying the Procurement Process. Upon timely receipt of the formal written protest, the solicitation or contract award process shall be stopped until the subject of the protest is resolved by final agency action, unless the Director of Purchasing sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. e. Informal Resolution Meeting. The Director of Purchasing shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days (excluding Saturdays, Sundays, and holidays when the School District administrative offices are closed) of receipt of the formal written protest. All affected parties shall be notified of the notice of protest. f. Hearing. If the protest is not resolved by mutual agreement within seven (7) days (excluding Saturdays, Sundays, and holidays when the school district’s administrative offices are closed) after receipt of the formal written protest; and A. if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to section 120.57(2), Florida Statutes and applicable Board Policies, and may be conducted before a hearing officer designated by the Superintendent; or B. if there is a disputed issue of material fact, as determined by the Agency Clerk, in accordance with section 120.569, Florida Statutes, the protest shall be referred within fifteen (15) days after the Agency Clerk receives the Formal Written Protest to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes. ii. As stated in section 120.57(3)(f), Florida Statutes, the burden of proof shall rest with the party protesting the proposed agency action. A. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review shall be whether the School Board's intended action is illegal, arbitrary, dishonest, or fraudulent. B. In competitive-procurement protests other than those contesting an intended agency action to reject all bids, proposals, or replies, the hearing officer or administrative law judge will conduct a de novo proceeding to determine whether the School Board's proposed action is contrary to the governing statutes, the School Board's Policies, or the solicitation documents. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. BID NO. ITBS-043-23/JR FENCING, COMMERCIAL Opening Date: June 1st, 2023 NO-BID FORM If your firm cannot submit a bid at this time, please provide the information requested in the space provided below and return it to (or fax it to 904-858-4868): Duval County Public Schools Purchasing Services 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 We are unable to submit a bid at this time due to the following reason(s): Name of Firm: Signature and Title: Street Address or P.O. Box: City, State, Zip Code: RETURN THIS FORM ONLY. DO NOT RETURN BID PACKAGE. Bid No. ITBS-043-23/JR SC 1 OF 13 SPECIAL CONDITIONS 1. PURPOSE: Purpose of this bid is to establish firm prices and a source of supply for furnishing and installing commercial fencing to be purchased by Duval County Public Schools (DCPS) for the period from date of award through March 31, 2025. 2. RENEWAL: Upon written mutual agreement between Contractor and Duval County Public Schools, contract may be renewed at anniversary date for three (3) additional one year periods, subject to the same provisions, terms, conditions, specifications and prices as originally awarded. 3. AWARD: The award will be all-or-none. Contracts may be awarded to a PRIMARY, SECONDARY, and a TERTIARY contractor. The lowest responsive and responsible bidder will be the PRIMARY awarded contractor and ALL requirements for services will first be directed to them. The second lowest responsive and responsible bidder will be the SECONDARY awarded contractor and the next lowest responsive and responsible bidder will be the TERTIARY awarded contractor. If the PRIMARY contractor cannot respond to a requirement within a reasonable amount of time (Four (4) Hours for emergencies, five (5) business days for standard quotes, or agreed upon set work schedule for a project), then DCPS reserves the right to direct the work to the SECONDARY awarded contractor. If the SECONDARY contractor cannot respond to a requirement within a reasonable amount of time (Four (4) Hours for emergencies, five (5) business days for standard quotes, or agreed upon set work schedule for a project), then DCPS reserves the right to direct the work to the TERTIARY awarded contractor. NOTE: If a contractor rejects a project, a written memo will be required stating that they are rejecting the project before offering the project to the next vendor in the rotation. If none of the contractors can fulfill the requirement, DCPS reserves the right to revert to the open market to obtain necessary services. For purposes of evaluation, this form will be interpreted as follows: Unit price: Unit price should be numeric. Unit prices left blank will be deemed “no bid”, and a unit price of $0 will be deemed “included at no charge”. Item Bid: Item bid, where applicable, should be the manufacturer & model # of product you will supply if awarded. If left blank or “as specified” is entered the item will be considered to have insufficient information to evaluate. Failure to respond as requested may result in rejection of item(s) as non-responsive. 4. POSTING OF BID RECOMMENDATION: Recommendation for Award will be posted in Purchasing Services on or about June 12, 2023 and will remain posted for 72 consecutive hours. For exact date and time, please contact the buyer named in Special Condition #7. 5. MINORITY SHELTERED MARKET: Vendors are requested to submit proof of certification with their bid. Vendors who are not certified as a Small Business Enterprise and/or a Minority/Women Business Enterprise with Duval County Public Schools prior to bid opening, will be considered non-responsive and ineligible for award. 6. BID EVALUATION PROCESS: Bids are initially reviewed for determination of compliance with submittal requirements as found in the bid instructions. Those bids that are non-compliant are removed from consideration and are not included on the bid tabulation. Examples of non- compliant bids are: bids that do not bear the signature of an individual authorized to obligate on behalf of the company; bids submitted with line items corrected by the use of correction fluid (only the corrected items are considered non-compliant); bids submitted with line items that are correct but not initialed by the originator (only the corrected items are considered non-compliant); any bid submitted that contains a material deviation from the bid submittal instructions. Bid No. ITBS-043-23/JR SC 2 OF 13 Tabulated bids are then evaluated on the basis of price. The lowest price bid will be evaluated to determine responsiveness. If the bid is responsive, it will be recommended for award. If the bid is not responsive, it will not be recommended for award and the next lowest price bid will be evaluated to determine responsiveness. This process will continue in succession until the lowest responsive bid is evaluated and is recommended for award. If the bid contains multiple items that are to be awarded independently, this process is completed for each item in the bid. Tie bids are decided by tie breaking procedures outlined in purchasing policy. PURCHASES: Award does not constitute an order. Before any shipments can be made, the vendor must receive a School District Purchase Order. 7. QUESTIONS: Any questions and/or request for additional information should be directed to James Robinson, in Purchasing Services, via email at robinsonj12@duvalschools.org placing this bid number (ITBS-043-23/JR) in the subject header. Deadline for questions shall be 2:00 p.m. EST on May 17th, 2023. Questions received after this date will not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda to all parties recorded by Purchasing Services as having received the Bid Documents. No verbal or written information obtained other than by information in this document or by written addendum to this bid will be binding on the District. 8. EX PARTE COMMUNICATION: Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with District personnel involved with or related to this ITB, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the respondents’ bid. Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with Board members is also prohibited and will result in the disqualification of the bidder. Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective respondent are necessary for, and solely related to, the ordinal course of business concerning the DISTRICT’S existing contract(s) for the materials or services addressed in this ITB 9. PRICING: Escalation Provision: At each renewal of the contract, DCPS will consider an increase due to inflation provided the proposed price increase does not exceed the lesser of 10% or the rate of inflation as determined by the Consumer Price Index (CPI), U.S. city average, all items (1982- 84=100), published by the U.S. Bureau of Labor Statistics, or any successor or substitute index appropriately adjusted for the prior 12 month period using the first-published CPI for the month immediately preceding the month of the contract renewal request. The contractor must request the increase with supporting documentation as to why the increase is necessary. 10. ITEMS NOT COVERED BY SPECIFICATIONS: When DCPS requires related items that are not a part of the specifications herein, the Director of Facilities Maintenance or designee will request a written quote for those items. DCPS may, at its sole discretion, elect to procure those services from the contractor in accordance with this contract or may elect to procure them elsewhere. If the Director of Facilities Maintenance or designee elects to procure the service(s) from the contractor, a separate purchase order will be issued. DCPS retains the right to seek these other services with contractors outside this ITB. 11. LINE ITEM BIDS AND CORRECTIONS: All prices submitted on the Bid Proposal Form shall be indelible. The use of correction fluid or erasures to correct line item bid prices and/or quantities are not acceptable. Corrections must be by lineout of the incorrect figures, writing in of correct figures, Bid No. ITBS-043-23/JR SC 3 OF 13 and initialing of the corrections by the originator. Correction fluid or erasure corrected bids will be considered non-responsive for the corrected item(s) only. 12. UNITS OF MEASURE AND LOT SIZES: The item unit of measure shall be as indicated on the Bid Proposal Form. If manufacturer’s standard packaging is different than the quantity listed, it shall be the vendor’s responsibility to convert the bid price to the requested unit of measure. Bids received for items that have not been converted to the requested units of measure shall be considered non- responsive. Additionally, bidders must indicate the units of measure they are able to supply. 13. QUANTITIES: The items listed in this solicitation will be ordered on an “AS NEEDED” basis by the Duval County School System. No firm statement of quantity, totally or individually, can be made. The column headed “ESTIMATED QUANTITY” is for information only and does not bind the Duval County School Board to make any purchases under items of this bid. Estimated quantities are based on prior bids’ usage. 14. SPECIFICATION ERRORS: In the event of a discrepancy between specifications and the make/model listed for an item or items, specifications shall take precedence for the purposes of the bid. 15. RESPONSE TIME: The successful vendor shall not commence work prior to receipt of written notice of award and receipt of a purchase order. The contractors shall be able to complete a site review and submit a quote within five (5) calendar days of a written or verbal request. The work on a specific job shall be completed in accordance with the timeline mutually agreed to upon acceptance of quote. The timeline, including a breakdown of the schedule will be presented in writing with the quote. The DCPS Contract Manager must approve all exceptions. When reasonable, exceptions will be granted. However, if it will cause an emergency, (Examples of an emergency include but are not limited to safety issues, loss of funding), DCPS will have the option to cancel the PO and direct work to the SECONDARY contractor. If the SECONDARY contractor cannot fulfill the requirement, then DCPS will have the option to cancel the PO and direct work to the TERTIARY contractor. If none of the contractors can fulfill the requirement, then DCPS reserves the right to procure services elsewhere. The PRIMARY contractor must be able to respond to fencing emergencies within a reasonable time (4 Hours) otherwise, DCPS reserves the right to direct the work to the SECONDARY contractor. The SECONDARY contractor must be able to respond to fencing emergencies within a reasonable time (4 Hours) otherwise, DCPS reserves the right to direct the work to the TERTIARY contractor. Failure to provide services in accordance with the above instructions may result in the bidder being disqualified from conducting business with Duval County Public Schools. 16. SAMPLES: Samples may be required AFTER bid opening. When requested, samples must be furnished within five (5) working days. Bidder will be notified via e-mail. Samples must be furnished and retrieved at no expense to DCPS. Samples of items awarded may be retained for comparison with items furnished. Samples not destroyed in testing must be picked up within THIRTY (30) DAYS AFTER BID AWARD OR THEY BECOME THE PROPERY OF DCPS. 17. ACCEPTABLE SUBSTITUTIONS: Where a particular brand/make/stock number is listed in Bid Proposal Forms, such reference has been made solely for the purpose of more clearly defining the general description of the product desired and the standard of minimum quality and construction acceptable. Products of other manufacturers of equal grade and quality and substantially similar in design, materials and workmanship may be submitted for consideration. The bidder must however, clearly identify in his/her proposal the articles or products offered. Bidder should enter brand and model of item offered. 18. COMMUNICATIONS: After the contract as been awarded, the awarded vendor shall then forward Bid No. ITBS-043-23/JR SC 4 OF 13 all communications, including invoices, to DCPS through: ATTN: Anthony Fantauzzi Facilities Maintenance 2660 Strickland Street Jacksonville, Florida 32204 (904) 381-3980 19. WARRANTY: The successful vendor shall fully guarantee all items furnished hereunder against defect in material and/or workmanship for a period of one (1) year from the date of acceptance by DCPS, or manufacturers warranty whichever is greater. Should any defect in material or workmanship, excepting ordinary wear and tear, appears during the warranty period, the successful bidder shall repair or replace same at no cost to DCPS, immediately upon written notice from DCPS. See warranty form – Attachment R. 20. REFERENCES: Each Bidder is required to submit a list of three (3) references, other than DCPS, using the format in Attachment S. The Bidder must be the prime contractor for each client/contract referenced. All references shall be for work performed over the last three (3) years at commercial, multi-residential developments and/or institutional complexes for contracts of comparable size. At least one contract/customer shall have multiple locations. All three (3) contracts/customers shall have been serviced for a minimum of one year. 21. FAMILIARITY WITH SITES: Each Bidder is encouraged, prior to submitting his bid, to examine the sites to determine the extent of the work involved and the conditions under which the pumping will be executed. DCPS has schools located in close proximity to the coastline. Submission of a bid shall constitute acknowledgement by the bidder that he is familiar with all site conditions. The failure to familiarize himself with the sites shall in no way relieve him from any obligations with respect to his bid. 22. LABOR AND MATERIAL: The contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the work. 23. SUB-CONTRACTORS: DCPS must approve all sub-contractors in writing prior to their performing any work under this contract. All requests for subcontractors shall be submitted in writing to the Director of Facilities Maintenance. The subcontractor can do 20% or less completed work on any job. The vendor will be fully responsible to DCPS for the acts and omissions of the sub-contractor and its employees. All responsibilities relating to the performance of this contract shall remain the responsibility of the vendor. 24. PERSONNEL CONDUCT AND IDENTIFICATION: All individuals performing services under this contract shall adhere to DCPS rules and regulations regarding appropriate attire, prohibition of smoking, usage of proper language, prohibition of use and possession of controlled substances and alcoholic beverages, prohibition, of the possession of firearms, either on their person or in their personal vehicles and any other restrictions or prohibitions as may apply. Radios and other portable music playing equipment will not be allowed on any DCPS sites. Additionally, all individuals will adhere to and comply with the requirements as set forth. Contractor shall notify department or school office personnel and follow customary check-in procedures when they are physically on-site at any DCPS facility. All contractor personnel are required to wear clothing identifying contractor by either name or logo, and to have in possession and present upon request, by DCPS personnel, a form of picture identification (i.e. - driver’s license, ID card) AND a DCPS Vendor Badge. Failure of Contractor's personnel to adhere to DCPS rules and regulations described herein will result in removal of the individual(s) from the job site. 25. SAFETY: The Bidder shall take all reasonable precautions for the safety and shall provide all Bid No. ITBS-043-23/JR SC 5 OF 13 reasonable protection to prevent damage, injury or loss to persons, students and employees of DCPS. The Bidder shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as they are applicable. 26. CLEAN UP: The contractor at all times shall keep the premises free from accumulations of waste materials or rubbish caused by his operations. At the completion of the work, shall remove all waste materials and rubbish from and about the work site as well as tools, equipment, machinery and surplus materials. Use of school dumpsters is not permitted for disposal of contractor material. If the contractor fails to clean up at the completion of the work, DCPS may do so and the cost shall be charged to the contractor. Any costs caused by defective or ill-timed work shall be borne by the contractor. All damage to fences, structures, sod, or other property will be promptly repaired at the contractor’s expense. 27. EMERGENCIES: In any emergency affecting the safety of persons and property, the contractor shall act immediately to prevent threatened damage, injury or loss. Any such emergency must be reported to DCPS not later than twenty-four (24) hours from the time that the emergency is discovered by the contractor. 28. ATTIRE: Proper attire shall be worn at all times. a. Shirts shall be worn while on school property at all times. (No tank tops or undershirts will be permitted). b. Clothing displaying nudity, obscene language, obscene symbols or pro-drug slogans is prohibited. c. Proper shoes to insure the individual's safety shall be worn at all times. 29. FRATERNIZATION: Bidder personnel shall not fraternize with school staff or students. 30. PERMITS, FEES, and NOTICES: The contractor shall secure and pay for permits when required and governmental fees, licenses and inspections necessary for the proper execution and completion of the work. The contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. If the contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations without such notice to DCPS, shall assume full responsibility therefore and shall bear all costs attributable thereto. Although no fees will be charged, the approved vendor must liaison with DCPS Code Enforcement office, prior to the conduct of any work on DCPS properties. 31. INSURANCE: A. Description of the VENDOR/CONTRACTOR Required Insurance. Without limiting any of the other obligations or liabilities of the VENDOR/CONTRACTOR, the VENDOR/CONTRACTOR shall, at the VENDOR/CONTRACTOR’s sole expense, procure, maintain and keep in force the amounts and types of insurance conforming to the minimum requirements set forth herein. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by DCPS and shall be maintained in force throughout the term of this Agreement. 1. Workers’ Compensation/Employers’ Liability. The Workers’ Compensation/Employers’ Liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements set forth herein. (a) The VENDOR/CONTRACTOR’s insurance shall cover the VENDOR/CONTRACTOR (and to the extent its Subcontractors and Sub-subcontractors are not otherwise insured, its Subcontractors and Sub-subcontractors) for those sources of liability which would be covered by the latest edition Bid No. ITBS-043-23/JR SC 6 OF 13 of the standard Workers’ Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers’ Compensation Act, where appropriate, coverage is to be included for the Federal Employers’ Liability Act and any other applicable federal or state law. (b) The policy must be endorsed to waive the insurer’s right to subrogate against DCPS, and its members, officials, 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) with DCPS, and its members, officials, officers and employees scheduled thereon. (c) Subject to the restrictions of coverage found in the standard Workers’ Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers’ Compensation Act or any other coverage customarily insured under Part One of the standard Workers’ Compensation policy. The minimum amount of coverage for those coverages customarily insured under Part Two of the standard Workers’ Compensation policy (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 Each Accident $1,000,000 Disease - Each Employee $1,000,000 Disease - Policy Limit 2. Commercial General Liability. The Commercial General Liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements hereinafter set forth: (a) The VENDOR/CONTRACTOR’s insurance shall cover those sources of liability which would be covered by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements) and those described below which would apply to the Services contemplated under this Agreement. The coverage may not exclude restrictive endorsements which exclude coverage for liability arising out of: Sexual molestation, Sexual abuse or Sexual misconduct. The coverage may include restrictive endorsements which exclude coverage for liability arising out of: Mold, fungus, or bacteria Terrorism Silica, asbestos or lead (b) The minimum limits to be maintained by the VENDOR/CONTRACTOR (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence (c) The VENDOR/CONTRACTOR shall include DCPS and DCPS’s members, officials, officers and employees as “additional insureds” on the Commercial General Liability coverage. The coverage afforded such additional insureds shall be no more restrictive than that which would be afforded by adding DCPS and DCPS’s members, officials, officers and employees as additional insureds on the latest edition of the Additional Insured – Owner’s, Lessees or Contractors - Scheduled Person or Organization endorsement (ISO Form CG 20 10) filed for use in the State of Florida by the Insurance Services Office. Bid No. ITBS-043-23/JR SC 7 OF 13 (d) Except with respect to coverage for property damage liability, or as otherwise specifically authorized in this Agreement, the general liability coverage shall apply on a first dollar basis without application of any deductible or self-insured retention. The coverage for property damage liability shall be subject to a maximum deductible of $1,500 per occurrence. The VENDOR/CONTRACTOR shall pay on behalf of DCPS or DCPS’s member, official, officer or employee any such deductible or self-insured retention applicable to a claim against DCPS or DCPS’s member, official, officer or employee for which the DCPS or DCPS’s member, official, officer or employee is insured as an additional insured. 3. Business Auto Liability. The automobile liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements hereinafter set forth: (a) The VENDOR/CONTRACTOR’s insurance shall cover the VENDOR/CONTRACTOR for those sources of liability which would be covered by Section II of the latest occurrence edition of the standard Business Auto Coverage Form (ISO Form CA 00 01) as filed for use in the State of Florida by ISO without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements). Coverage shall include all owned, non-owned and hired autos used in connection with this Agreement. (b) DCPS and DCPS’s members, officials, officers and employees shall be included as “additional insureds” in a manner no more restrictive than that which would be afforded by designating DCPS and DCPS’s members, officials, officers and employees as additional insureds on the latest edition of the ISO Designated Insured (ISO Form CA 20 48) endorsement. (c) The minimum limits to be maintained by the VENDOR/CONTRACTOR (inclusive of any amounts provided by an umbrella or excess policy) shall be: $1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined B. Evidence of Insurance. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by DCPS and shall be maintained in force throughout the term of this Agreement. The VENDOR/CONTRACTOR shall provide evidence of such insurance in the following manner: 1. As evidence of compliance with the required Workers’ Compensation/Employer’s Liability, Commercial General Liability, Business Auto Liability, and Professional Liability, the VENDOR/CONTRACTOR shall furnish DCPS with a fully completed satisfactory Certificate of Insurance such as a standard ACORD Certificate of Liability Insurance (ACORD Form 25) or other evidence satisfactory to DCPS, signed by an authorized representative of the insurer(s) providing the coverage. The Certificate of Insurance, or other evidence, shall verify that Workers’ Compensation/Employer’s Liability contains a waiver of subrogation in favor of DCPS, identify this Agreement, and provide that DCPS shall be given no less than thirty (30) days’ written notice prior to cancellation. 2. As evidence of the required Additional Insured status for DCPS on the Commercial General Liability insurance, the VENDOR/CONTRACTOR shall furnish DCPS with: (a) a fully completed satisfactory Certificate of Insurance, and a copy of the actual additional insured endorsement as issued on the policy, signed by an authorized representative of the insurer(s) verifying inclusion of DCPS and DCPS’s members, officials, officers and employees as Additional Insureds in the Commercial General Liability coverage; or (b) the original of the policy(ies). Bid No. ITBS-043-23/JR SC 8 OF 13 3. Until such time as the insurance is no longer required to be maintained by the VENDOR/CONTRACTOR as set forth in this Agreement, the VENDOR/CONTRACTOR shall provide DCPS with renewal or replacement evidence of the insurance in the manner heretofore described no less than thirty (30) days before the expiration or termination of the insurance for which previous evidence of insurance has been provided. 4. Notwithstanding the prior submission of a Certificate of Insurance, copy of endorsement, or other evidence initially acceptable to DCPS, if requested by DCPS, the VENDOR/CONTRACTOR shall, within thirty (30) days after receipt of a written request from DCPS, provide DCPS with a certified copy or certified copies of the policy or policies providing the coverage required by this Section. The VENDOR/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 under this Agreement. C. Qualification of the VENDOR/CONTRACTOR’s Insurers 1. Insurers providing the insurance required by this Agreement for the VENDOR/CONTRACTORs must either be: (1) authorized by a subsisting certificate of authority issued by the State of Florida to transact insurance in the State of Florida, or (2) except with respect to coverage for the liability imposed by the Florida Workers’ Compensation Act, an eligible surplus lines insurer under Florida Statutes. 2. In addition, each such insurer shall have and maintain throughout the period for which coverage is required, a Best’s Rating of “A-” or better and a Financial Size Category of “VII” or better according to A. M. Best Company. 3. If, during the period when an insurer is providing the insurance required by this Agreement, an insurer shall fail to comply with the foregoing minimum requirements, as soon as the VENDOR/CONTRACTOR has knowledge of any such failure, the VENDOR/CONTRACTOR shall immediately notify DCPS and immediately replace the insurance provided by the insurer with an insurer meeting these requirements. Until the VENDOR/CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to DCPS, the VENDOR/CONTRACTOR shall be in default of this Agreement. D. The VENDOR/CONTRACTOR’s Insurance Primary and Non-Contributory. The insurance provided by the VENDOR/CONTRACTOR pursuant to this Agreement shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by DCPS or DCPS’s member, official, officer or employee. E. The VENDOR/CONTRACTOR’s Insurance As Additional Remedy. Compliance with the insurance requirements of this Agreement shall not limit the liability of the VENDOR/CONTRACTOR, or its Subcontractors or Sub-subcontractors, employees or agents to DCPS or others. Any remedy provided to DCPS or DCPS’s members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under this Agreement or otherwise. F. No Waiver by DCPS Approval/Disapproval. Neither approval by DCPS nor failure to disapprove the insurance furnished by the VENDOR/CONTRACTOR shall relieve the VENDOR/CONTRACTOR of the VENDOR/CONTRACTOR’s full responsibility to provide the insurance as required by this Agreement. NOTICE: Proof of the above required insurances must be provided by the VENDOR/CONTRACTOR prior to award by DCPS. Failure to provide the required proof of insurances may result in recommendation for award to an alternate VENDOR/CONTRACTOR. Bid No. ITBS-043-23/JR SC 9 OF 13 32. FAMILIARITY WITH LAWS: The Bidder is required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the bidder will in no way relieve him/her from responsibility for compliance with their requirements. 33. JESSICA LUNSFORD ACT (when applicable): At their own expense, firms shall comply and be responsible for the costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005. The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Section 1012.32, F.S. Contractual personnel shall include any vendor, individual or entity under contract with the District. (Additional information is available at http://www.fldoe.org/teaching/professional-practices/background-screening-requirements.stml) By submittal of a bid or proposal, each firm acknowledges and accepts this responsibility including all associated costs. 34. FEDERAL FUNDS: The bidder certifies by submission of their bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. When requested, the bidder/contractor will execute and deliver to the District the appropriate federal debarment certification form within three (3) business days. 35. ASSIGNMENT OF CONTRACT AND/OR PAYMENT: This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the contractor without prior written consent of DCPS. The contractor shall not assign payments under this contract or agreement without the prior written consent of DCPS. 36. METHOD OF PAYMENT: Payments to vendors may be made via credit card, ACH or check. If ACH or credit card payment is acceptable, initial the designated space(s) on the Bidder Acknowledgement under Form of Payment accepted. By doing so you are authorizing this form of payment on all future invoices whether or not they are related to this solicitation. Payment terms are net 45 for all check payments. 37. PAYMENT TERMS: Payments will be made in accordance with Florida Statutes 218.174, also known as the Local Government Prompt Payment Act. 38. AVAILABILITY OF FUNDS: The obligations of Duval County Public Schools under this award are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida. 39. MOST FAVORED CUSTOMER STATUS: The awarded vendor shall afford Duval County Public Schools most favored customer status for all items herein. Accordingly, if during the term of this contract, the contractor offers more favorable promotional or contract pricing to another entity for the same specification with similar quantities and conditions, the price under this contract shall be immediately reduced to the lower price. Additionally, if a current State of Florida contract contains more favorable pricing for the same specification with similar quantities and conditions, the contractor will be afforded an opportunity to adjust its contract price to match that of the State of Florida contract. Should the contractor decline, DCPS reserves the right to purchase the item(s) from the State of Florida contract. 40. AUDIT / RECORDS RETENTION: DCPS shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors http://www.fldoe.org/teaching/professional-practices/background-screening-requirements.stml Bid No. ITBS-043-23/JR SC 10 OF 13 and subcontractors. Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Contract and for at least three years following the completion of this Contract, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to DCPS, through its employees, agents, representatives, contractors or other designees, during normal business hours at Contractor’s office or place of business in Jacksonville, Florida. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Jacksonville, Florida, which is convenient for DCPS. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which DCPS may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. 41. DISQUALIFICATION OF BIDDER: More than one bid/proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is involved in more than one bid/proposal for the same work will be cause for rejection of all bids/proposals in which such bidders are believed to be involved. Any or all bids/proposals will be rejected if there is reason to believe that collusion exists between bidders. Bids/proposals in which the prices obviously are unbalanced will be subject to rejection. 42. PUBLIC ENTITY CRIMES AFFIDAVIT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 43. UNILATERAL CANCELLATION OF CONTRACTS: Any agreement resulting from this Invitation to Bid may be unilaterally canceled by Duval County Public Schools for refusal of contractor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with the agreement. 44. CANCELLATION: The Director of Purchasing may, upon reasonable written notice, cancel in whole or in part any Contract/Purchase Order(s) resulting from this Invitation when such action is in the best interest of Duval County Public Schools. If Contract/Purchase Order(s) is so canceled, Duval County Public Schools shall be liable only for payment for services rendered prior to the effective date of cancellation. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 45. FORCE MAJEURE: Whenever a vendor’s place of business, mode of delivery or source of supply has been disrupted by acts of government, God, civic commotion, or war, it shall be the responsibility of the vendor to promptly advise the Director of Purchasing Services, in writing, as to the extent of this disruption and its probable effect upon this contract. If, in the opinion of DCPS, the disruption presented is commensurate with the conditions established herein, DCPS may elect to modify delivery/service timelines, renegotiate the contract in whole or in part, or cancel any open orders in accordance with Special Condition 44. The vendor will be given written notification of all decisions made. While the decision of DCPS shall be final, the goal will be a solution that is mutually beneficial. 46. PURCHASES BY OTHER PUBLIC ENTITIES: Purchases by other political subdivisions or public entities under any contract resulting from this solicitation are permissible upon the consent and Bid No. ITBS-043-23/JR SC 11 OF 13 agreement of the awarded vendor(s). 47. TRANSITION ASSISTANCE: In the event the resulting agreement is terminated, not renewed or naturally expires, the Contracted Firm agrees that the District may provide written notice to the Contracted Firm retaining the Contracted Firm for a month-to-month basis on the same terms and conditions set forth in the agreement. Such month-to-month services shall continue until the District has established a replacement Fencing, Commercial Agreement. In any event, these services will not be required to continue for a period of time exceeding six (6) months. 46. OPENING OF QUOTES: The Florida Public Records Act § 119.071 (1) (b), Florida Statues., exempts sealed quotes from inspection and copying until such time as the District provides notice of an intended decision pursuant to §120.57(3)(a), Fla. Stat., or until 30 days after opening of quotes, whichever is earlier. This exemption is not waived by the public opening of quotes. 47. PUBLIC RECORD: Pursuant to Section 119.071(1)(b)2., Florida Statutes, bids received as a result of this ITB will not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all documents or other materials submitted by all Respondents in response to this offering shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes, unless otherwise exempt under Florida law. It shall be the sole responsibility of the awarded Contractor to comply with all requirements of Chapter 119 regarding public records (whether documents, notes, letters, emails, or other records) received or generated in relationship to the Agreement awarded by the District. The Agreement shall be subject to Florida’s Public Records Laws, Chapter 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. In compliance with section 119.0701, Florida Statutes, Contractor agrees to: A. Keep and maintain public records required by the District in order to perform the service. B. Upon request from the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the District. D. Upon completion of the Agreement, transfer, at no cost, to the District all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the District’s custodian of public records, in a format that is compatible with the information technology systems of the District. Bid No. ITBS-043-23/JR SC 12 OF 13 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (THE DISTRICT’S CONTRACT ADMINISTRATOR) AT. THE DISTRICT’S CONTACT IS: Tarek Ghandour 129 King St. Jacksonville, FL 32204 (904) 858-6300 ghandourt@duvalschools.org To the extent a proposer asserts any portion of its proposal is exempt or confidential from disclosure under Florida's public records, the burden shall be on the proposer to obtain a protective order from a jurisdictional court protecting such information from disclosure under Florida's public records laws and also timely provide a certified copy of such protective order to the District prior to the District's release of such information into the public domain. It is not contemplated that any portion of a Proposal will be exempt or confidential from disclosure pursuant to Chapter 119, Florida Statutes. 48. EMPLOYMENT ELIGIBILITY: Pursuant to the provisions of section 448.095, Florida Statutes, the parties agree to the following. For purpose of this section, the term “contract” includes this Agreement and any contract between the Contractor and any of Contractor’s subcontractor(s): (a) Beginning January 1, 2021, the District, the Contractor, and any of Contractor’s subcontractor(s) shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The District, the Contractor, and any of Contractor’s subcontractor(s) may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (b) 1. If the Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 2. The Contractor shall maintain a copy of such affidavit for the duration of the contract. (c) 1. The District, the Contractor, or any of the Contractor’s subcontractors who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall terminate the contract with the person or entity. 2. If the District has a good faith belief that a subcontractor knowingly violated this subsection, but the Contractor otherwise complied with this subsection, then the District shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. 3. A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and may not be considered as such. (d) The District, Contractor, or any of Contractor’s subcontractor(s) may file an action with a mailto:ghandourt@duvalschools.org Bid No. ITBS-043-23/JR SC 13 OF 13 circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated. (e) If the District terminates the Agreement with Contractor under paragraph (c), the Contractor may not be awarded a public contract for at least 1 year after the date on which the Agreement was terminated. (f) The Contractor is liable for any additional costs incurred by the District as a result of the termination of a contract. 49. TEMPORARY PERIMETER FENCES/GATES: Temporary fencing and gates shall be supplied by the contractor when they are repairing or installing perimeter fences and gates. The temporary structures shall keep safety levels required by DCPS. Gates vital for school operations shall have a temporary gate installed until the permanent gate is installed. SP 1 of 8 COMMERCIAL FENCING SPECIFICATIONS 1.0 INTRODUCTION The work under this section includes furnishing all labor, material, equipment, which includes the proper installation of chain link and ornamental fencing complete with all accessories as indicated in the contract documents or as specified herein. All references to ASTM Specifications shall mean the latest edition published prior to Contract bid date. The Contractor shall adhere to DCPS Design Guidelines for Chain Link Fencing and Gates as listed on the DCPS webpage as well as the guidelines contained within the specifications herein. Where there is conflict or ambiguity between the documents the more stringent requirements are to be applicable pending further clarification from DCPS. 2.0 GENERAL REQUIREMENTS 2.1 Shop Drawings: A site plan showing layout of fence location, cleared area and location of gates with opening size may be requested by the DCPS Contract Manager for individual projects based on scope and size. The site plans will be submitted and approved before work begins. 2.2 Delivery and Storage: Contractor is responsible for the delivery and secure storage of all materials on site. DCPS will not be responsible for stolen materials prior to installation. 3.0 CLEARING AND FENCE REMOVAL 3.1 Clearing: The responsibility for clearing areas for fence placement will be evaluated and decided by DCPS. The contractor may include costs and expenses in the quote for clearing of any areas. The contractor will be responsible for any execution or organization of the clearing projects such as renting equipment, roll offs, and deliveries. The contractor recognizes this is not an extensive list of responsibilities and will be responsible for all actions necessary to complete the clearing for the fence installation. 3.2 Fence Removal: Upon request of DCPS Contract Manager, the Contractor shall be responsible for the removal and disposal of existing fencing offsite. School dumpsters may not be used at any time for disposal of materials. DCPS reserves the option to retain fencing removed by the Contractor. When removing fence posts, the Contractor shall fill and compact fence post holes with dirt, so they are level with the adjacent area. The Contractor shall not use concrete removed from the old fence posts to fill post holes. 4.0 CHAIN LINK FENCING 4.1 System Description Please refer to the following attachment drawings for full details (CHANGE TO THE NEW DIAGRAM NUMBERS) • Attachment A - Typical Fence Section, Chain Link Fencing (C1) • Attachment B- SINGLE PEDESTRIAN GATE (C2.1) • Attachment C- Double Swing Vehicular Gate (C2.2) • Attachment D - Pedestrian Gate Details (Chain Link Swing Gate Latch (C7)) • Attachment E - Rolling Vehicular Gate, Chain Link Fencing (R1) 4.2 Fencing Materials and Components: SP 2 of 8 • 1. Framework Material: Schedule 40 steel pipe, standard weight; ASTM A 120. • 2. Fabric: CLFM1 Standard Industrial Service; ASTM A 392 zinc‐coated steel, 2-inch diamond mesh, 9 gauge interwoven; FS RR‐F‐191, Type 1. • 3. Selvage: Top selvage knuckle end closed; bottom selvage knuckle end closed. • 3. Tension Wire: Steel, single strand, 7 gauge thick. • 4. Finish: Galvanized, 1.8 oz/sq ft coating, ASTM A 123. • 5. Anchorage: Concrete Anchorage for posts set thirty-six (36) inches in the hole with four (4) inches of concrete below the end of the post. The top exposed surface of the concrete footing shall be sloped to shed water and provide a neat appearance when completed • 6. Posts: See section 4.3 below • 7. Gates: See section 4.4 below • 8. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners, and fittings: steel. 4.2.1 Vinyl Coated Fabric: Class 1, extruded with 9 gage core and 6 gage finish. Galvanized steel core wire shall have been coated with zinc as per ASTM F668: • 6 gauge – 0.40 oz. per square foot of fabric • 9 gauge – 0.30 oz. per square foot of fabric The zinc coating's weight shall be determined by the method in ASTM A90. The PVC Coating shall be evenly applied and free of blisters. The vinyl shall be plasticized and th