· Web viewThe Bidder shall have in their possession all-applicable insurance, permits, licenses, etc. that may be required by law to furnish services under the scope of this contract

ORANGE COUNTY PUBLIC SCHOOLS

TABLE OF CONTENTS

RELOCATION SERVICES--- ITB1410213

Page #

A. INVITATION TO BID 1B. BIDDER CERTIFICATION & IDENTIFICATION FORM 2C. INSTRUCTIONS TO BIDDERS 3D. SPECIAL INSTRUCTIONS - RELOCTAION SERVICES 9E. OFFICIAL BID FORM

a. “NO BID” RESPONSE SUBMITTAL FORM 20b. BID IDENTIFICATION LABEL 21c. BIDDER’S EXPERIENCE/QUALIFICATIONS 22d. RELOCATION CONTRACTOR QUALIFICATION REQUIREMENTS 24e. MWBE/LDB PARTICIPATION FORMS 28f. STATEMENT OF AFFIRMATION & INTENT 30g. ACKNOWLEDGEMENT OF BUSINESS TYPE 32h. DRUG FREE WORKPLACE CERTIFICATION FORM 34i. CERTIFICATE OF DEBARMENT 35

F. SAMPLE TERM CONSTRUCTION CONTRACT 36

ORANGE COUNTY PUBLIC SCHOOLSFACILITIES & CONSTRUCTION CONTRACTING

6501 Magic Way, Orlando, Florida 32809 Telephone 407.317.3700 Fax 407.317.3765

INVITATION TO BID

BID NUMBER: ITB1410213

TITLE: RELOCATION SERVICES

Bids will be accepted on or before 10:00 AM EST on Tuesday, November 19th, 2014 at the Orange County Public Schools, Facilities & Construction Contracting, 6501 Magic Way Bldg. 100B, Orlando, Florida, 32809 at which time they will be publicly opened. It is the sole responsibility of the bidder to ensure timely delivery of the bid submittal. The bidder is responsible for allowing adequate mailing time in order that their bid is delivered to the Procurement Services Department by the specified due date and time. Offers by telegram, facsimile machine, or telephone will not be accepted. Bids may not be withdrawn for sixty (60) days after opening. Request for information cut-off date will be five (5) business days prior to Bid opening date.

Direct all inquiries in writing to: Jill PoolmanE-mail Address: [email protected]: (407) 317-3765

By submission of a Bid, vendor understands that award of the Bid by The School Board of Orange County, Florida, and any subsequent purchase orders and agreements shall constitute a binding and enforceable contract. Unless otherwise stipulated in the Bid documents, no other contract documents shall be issued.

PRE-BID MEETING: Friday, November 7, 2014, at 11:00 a.m. 6501 Magic Way, Bldg 100B, Conf. Room #127 Orlando, FL 32809

Attendance at the Pre-Bid Meeting is not mandatory, but highly encouraged.

BIDDER CERTIFICATION AND IDENTIFICATION

A. I certify that this Bid is made without prior understanding, agreement, or connection with any corporation or firm; or knowledge of any person submitting a Bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid; and I certify that I am authorized to sign this Bid for the Bidder.

B. Bidder certifies that it satisfies all necessary legal requirements as an entity to do business with The School Board of Orange County, Florida.

C. Bidder acknowledges and certifies that it is in receipt of, has reviewed and is in agreement with all provisions of the Ethics and Lobbying Board Policy KCE, including without limitation, all penalties for violation of said policy.https://www.ocps.net/op/procure/Documents/KCE%20Ethics%20and%20Lobbying%20Policy%206_26_12.pdf

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https://www.ocps.net/op/procure/Documents/KCE%20Ethics%20and%20Lobbying%20Policy%206_26_12.pdf

mailto:[email protected]

BIDDER ACKNOWLEDGEMENTA written original signature in ink is required.

Company Name _________________________________________________________________________

Address _____________________________ City ______________ State ________ Zip Code __________

Telephone No. __________________ Fax No. ______________ Email Address ______________________

Signature of Authorized Representative: ______________________________________________________

Name (Typed or Printed) __________________________________________________________________

Date __________________________________________________________________________________

All supporting bid documents such as Addenda, tabulation sheets, notices of action and/or notices of award will be posted on the website at. https://www.ocps.net/op/procure/Solicitations/Pages/Current.aspx. It is the responsibility of the Bidder to monitor the website for all information regarding this bid or any upcoming bids/proposals.


https://www.ocps.net/op/procure/Solicitations/Pages/Current.aspx

B. INSTRUCTIONS TO BIDDERS

Bidder shall read all solicitation documents and comply with all specified requirements.

1. Sealed Bid Requirements: The Bidder shall submit the following documents which collectively shall comprise its Bid:

1. Bidder Certification and Identification Form2. Bid Price Proposal3. Relocation Contractor Qualification Requirements4. Statement of Affirmation and Intent5. Acknowledgement of Business Type6. Copy of Occupational License7. Letter from bonding company, per “Relocation Contractor Qualification Requirements”.8. Drug Free Workplace Certification (If Applicable)9. Certificate of Debarment10. MWBE/LDB Participation Forms (If Applicable)

OCPS reserves the right to reject any Bid that fails to comply with these submittal requirements.

2. Bid Submittal: All Bids must be received no later than 10:00 AM EST, on the date specified in the Invitation to Bid. The Bidder will be responsible for its timely delivery to Orange County Public Schools (“OCPS”), Facilities & Construction Contracting, 6501 Magic Way, Building 100B, Orlando, Florida 32809. It is the Bidder’s responsibility to assure that its Bid is delivered before the prescribed time, and to the proper place. The Bidder will be responsible for having the bid time/date-stamped prior to 10:00 AM EST. This Invitation to Bid (ITB) includes a Bid Identification Label that must be used by the Bidder. Proposals which for any reason are not received prior to the designated time will not be considered, and will be returned to the Bidder.

3. Execution of Bid: All bids must be signed by an officer or employee having authority to legally bind the Bidder(s). Any corrections of unit prices must be initialed. This includes corrections made using correction fluid (white out) or any other method of correction. Bidders should become familiar with any local conditions which may, in any manner, affect the services required. The Bidder(s) is/are required to carefully examine the Bid Documents and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions.

No Bid: If not submitting a Bid, respond by returning the “NO BID RESPONSE FORM” only.

4. Interpretation Of Bid Documents: No interpretation of the meaning of the Bid Documents or correction of any apparent ambiguity, inconsistency or error therein, will be made verbally to any Bidder and Bidders shall not rely upon any verbal statements or representations. All requests for such interpretation or correction shall be in writing, addressed to the OCPS Contract Administration Representative five (5) days prior to bid opening date. To ensure fair consideration for all Bidders, OCPS prohibits communication of any kind relating to this ITB with any OCPS department, bureau, or employee during the submission and award process. Such communications initiated by a Bidder may be grounds for disqualifying the offending Bidder from consideration or award of this contract or a future contract with OCPS. Only the interpretation or correction so given by the OCPS Contract Administration Representative, in the form of written addenda, shall be binding. Prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret, the Bid Documents. Inquiries must reference the date of Bid opening, Bid title and Bid number. Interpretation of the Bid, clarification of Bid specifications and requirements or changes to the Bid shall be communicated by written addenda only. Verbal responses shall be considered inadmissible in Bid protest proceedings. Written addenda shall be signed and returned to OCPS Facilities & Construction Contracting by the Bid opening date and time. Failure to return such addenda may constitute cause for rejection.


5. Change Or Withdrawal Of Bids Prior To Bid Opening: Changes to or withdrawal of the Bid must be in writing. This communication is to be received by the OCPS Contract Administration Representative prior to date and time of Bid opening. The Bidders name and the Bid number, title and due date must appear on the envelope.

Bids that do not comply with these requirements may be considered non-responsive and are subject to rejection.

6 . Evaluation of Bids: OCPS intends to evaluate all Bids timely received to first insure that each Bidder has submitted all required documents. Thereafter, the Bids will each be reviewed to determine whether they meet the Relocation Contractor Qualification Requirements. Only those responsible Bids which, in the sole discretion of OCPS, contain all required documents and meet the required minimum qualification requirements will be deemed “QUALIFIED” and will have their Bid Price Proposal considered.

7. Cancellation: OCPS reserves the right to cancel this Invitation to Bid at any time, in whole or in part, when it is in the best interest of OCPS. Notice of cancellation will be posted on the OCPS Contract Administration Services website.

8. Non Collusion: The prices in this Bid must have been arrived at independently, without consultation, collusion, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor.

9. Conflict of Interest: In addition to full and complete adherence to the requirements provided in Chapter 112.313, Florida Statutes, all Bidders must disclose with their bid the name of any officer, director, agent, or representative who is also an employee of OCPS and who knowingly owns, directly or indirectly, any interest in the Bidder business entity submitting this Bid.

10. Bid Information and Notification: All bid notices and solicitations are web posted on Orange County Public Schools Procurement Services website. (https://www.ocps.net/op/procure/Solicitations/Pages/Current.aspx.). It is the Bidder’s responsibility to monitor the website to view current solicitation opportunities and addenda. All supporting bid documents such as addenda, tabulations sheets, notice of action and notice of award will be posted on the website.

11. Bid Protests: Any person who is adversely affected by any specification in this Bid or any decision or intended decision concerning this Bid and who wishes to protest such specification, decision or intended decision shall file a protest in accordance with section 120.57(3), Florida Statutes. A formal written protest must be accompanied by a bond payable to OCPS in an amount equal to one percent (1%) of the total value of the proposed contract. Security shall be in the form of a bond, a cashier’s check or money order. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security within the time frame set forth in section 287.022(2)(c), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

12. Lobbying: School Board members and School Board personnel (except the OCPS Contract Administration Services Representative) are not to be contacted prior to OCPS’s decision to approve or reject the final recommendation presented to it by the Superintendent. At the discretion of OCPS, failure to comply with this requirement will be grounds for disqualification.

Specifically, this NO-CONTACT PERIOD shall commence on the initial date of the advertisement for Request for Proposal and continue through and include the date the Orange County School Board makes its final determination to approve or reject the final recommendations.



Failure to comply with any of these requirements may disqualify your firm from consideration.

13. Patents and Royalties: The Bidder, without exception, shall indemnify and save harmless OCPS and its employees from liability of any nature or kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of any contract between the Bidder and OCPS, including its use by OCPS. If the Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

14. Advertising: In submitting a Bid, Bidder agrees not to use the results/there from as a part of any commercial advertising.

15. Right to Use Existing Contracts: OCPS reserves the right to utilize any other existing contract, including but not limited to the following: any State of Florida Contract, any contract awarded by any other city or county, governmental agencies, other school boards, other community college/state university system, cooperative Bid agreements, or to directly negotiate/purchase per OCPS policy and/or State Board Rule 6A-1.012. OCPS also reserves the right to bid separately any item(s) and/or service(s) covered by this ITB, if deemed to be in the best interest of OCPS, at any time during this contract term.

16. Debarment: Failure to perform according to this ITB and/or resulting contract shall be cause for Bidder’s company to be found in default in which event any and all re-procurement costs may be charged against Bidder’s company. Failure to pay said amount to OCPS upon demand may result in the Bidder being barred from doing business with OCPS for a period not less than three (3) years from date of infraction. Thereafter, the Bidder may request to be reinstated. In the event of a default on a contract, the Bidder shall be responsible for any all attorneys’ fees and court costs incurred in collecting any liquidated damages.

17. Public Entity Crimes: Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for 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 a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to 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.

18. Awards: Contract(s) may be awarded on the basis of the lowest, responsive and responsible Bidder which meets specifications with consideration being given to the specific quality of the product, conformity to the specifications, suitability to school needs, delivery terms, financial ability of the firm, qualifications, experience, reputation, integrity, and past performance of the Bidder. OCPS also reserves the right to award to more than one vendor for same or similar products or services.

OCPS reserves the right to make award(s) by individual item, group of items, all or none or a combination thereof; to reject any and/or all Bids or to waive any minor irregularity or technicality. Bidders are cautioned to make no assumptions in their Bid. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

All contracts entered into pursuant to this ITB, are contingent upon available OCPS funding.


19. Bid Price Guarantee: By submitting a Bid, Bidder guarantees all prices and amounts contained within its Bid for a period of ninety (90) calendar days from the date of opening of the Bids. This guarantee period shall apply to Bidder’s surety, if any, without notice.

20. Right to Reject: OCPS reserves the right to reject any or all bids, to waive irregularities and technicalities, and/or to accept the proposal(s) which, in its judgment, best serves the interest of the Orange County School Board.

21. Prices and Terms: Prices are requested in units of quantity specified in the bid documents. In case of a discrepancy in computing the total amount of Bid, unit prices quoted will govern. Firm prices shall be bid and include any and all fees or costs involved in providing the product or service to the purchaser. Bid prices shall include delivery F.O.B. destination, freight prepaid and shall include all cartage, drayage, packing, etc., delivered to and unloaded at the receiving station at the site designated in the Invitation to Bid or purchase order and there received by the designated OCPS agent.

OCPS shall not pay Federal Excise and State taxes on direct purchases of tangible personal property. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvement of School Board-owned real property as defined in Chapter 192 of the Florida Statutes. The tax exemption number is 85-8012622264C-6.

22. Quantities: Any quantities as shown on OCPS’ Invitation to Bid are estimates only and in no way obligate OCPS to purchase these amounts. The estimates are intended as a guide for the preparation of bids. The actual quantities purchased under this Bid may vary. OCPS reserves the right to re-negotiate prices if at any time during the term of a Contract agreement OCPS purchases fifty percent more than the estimated quantity of any line item on the bid price sheet.

23. Extension: In addition to any renewal options contained herein, OCPS has the right to extend any award resulting from this Bid for the period of time necessary for OCPS to release, award and implement a replacement Bid for the goods, products and/or services provided through this Bid. Such extension shall be based upon the same prices, terms and conditions as the existing bid, and the Bidder’s.

24. Manufacturer’s Name & Approved Alternates: Any manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in bid documents are for information and not intended to limit competition. If Bids allow equivalent products, indicate on the Bid form the manufacturer’s name and model number. Bidder shall submit with his Bid, cut sheets, sketches, and descriptive literature, and/or complete specifications. OCPS reserves the right to determine acceptance of item(s) as an approved alternate. Bids that do not comply with these requirements are subject to rejection. If the manufacturer’s model number for the items specified herein is incorrect, has changed or is no longer available and has been replaced with a new updated model and specifications, the Bidder shall notify OCPS Contract Administration and Procurement Services in writing.

25. Samples: Samples of items, when required, must be furnished at no cost to OCPS and will be returned at the Bidder's expense upon request. Bidders shall be responsible for the removal of all samples furnished within 30 days after Bid opening. All samples will be disposed of after 30 days. Each individual sample must be labeled with Bidder's name, manufacturer’s brand name, Bid name, Bid number and item number. Failure to deliver required samples or to clearly identify samples as indicated may be cause for rejection of the Bid. Unless otherwise indicated, samples should be delivered to Orange County Public Schools, OCPS Contract Administration and Procurement Services Department, 445 West Amelia Street, Orlando. Florida 32801.

26. Manufacturer’s Certification: OCPS reserves the right to request any and all manufacturer’s certifications, if applicable.


27. OSHA: The Bidder warrants that the product or products to be supplied to OCPS shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1979, as amended, and the failure to comply will be considered a breach of contract.

28. Facilities: OCPS reserves the right to inspect the Bidder’s facilities at any time with prior notice. OCPS may use the information obtained from this inspection in determining whether a Bidder is responsible.

29. Equal Employment Opportunity: The School Board of Orange County, Florida, does not discriminate in admission or access to, or treatment or employment in its programs and activities, on the basis of race, color, religion, age, sex, national origin, marital status, disability, genetic information, sexual orientation, gender identity or expression, or any other reason prohibited by law. The following individuals at the Ronald Blocker Educational Leadership Center, 445 W. Amelia Street, Orlando, Florida 32801, attend to compliance matters: ADA Coordinator & Equal Employment Opportunity (EEO) Supervisor: Carianne Reggio; Section 504 Coordinator: Latonia Green; Title IX Coordinator: Matthew Fitzpatrick. (407.317.3200).

30. Minority/Women Business Enterprise (MWBE): OCPS has established a MWBE policy for the procurement of goods and non-professional services with a participation goal of 12%. Bidders wishing to be considered as a MWBE firm under the program for this bid must be certified as a MWBE by one of the agencies listed below. Valid and current certifications from Orange County, City of Orlando, Greater Orlando Aviation Authority (GOAA), State of Florida, and National Minority Supplier Development Council (NMSDC) or the regional Florida Supplier Development Council (cnFMSDC) are acceptable. Copies of certification documents must be submitted with the bid.

31. Local Developing Business (LDB): OCPS has established a LDB policy for the procurement of goods and non-professional services with a participation goal of 10%. Bidders wishing to be considered as a LDB firm under the program for this bid must be certified as a LDB. Valid and current certifications from Greater Orlando Aviation Authority (GOAA) or OCPS are acceptable. Copies of certification documents must be submitted with the bid.

Bidders not certified as a LDB, but meet the eligibility requirements established in the LDB guidelines, may complete and submit the LDB application included in this package. The LDB guidelines available for viewing from the OCPS MWBE website at: http://www.obo.ocps.net

32. Fingerprinting: Jessica Lunsford Act: The Bidder and any of its employees performing services hereunder, shall comply with the Jessica Lunsford Act taking effect September 1, 2005. “Non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in s.1012.32. Contractual personnel shall include any vendor, individual, or entity under contract with OCPS.”

33. Bid Bonds, Performance Bonds and Certificates of Insurance: Bid bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions and on the form contained within the Bid Documents. Bid bonds will be returned to un-awarded Bidders. After acceptance of Bid, the Board may notify the awarded vendor to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. Upon receipt of the performance bond, the Bid bond will be returned to the awarded vendor.

34. Tie Bids: In the case of identical qualified bids, the following criteria shall be utilized to determineaward of bid: (1) Certification under Florida Statutes as a Drug-Free Workplace; (2) In-county preference; (3) MWBE Certification; (4) Payment discount offered; (5) Coin flip.


35. Sustainability: Please outline your sustainability efforts considering the following information: OCPS recognizes that sustainability is a concept that seeks to provide the best outcomes for human and natural environments by meeting the needs of the present generation without compromising the ability of future generations to meet their needs. Whenever possible the District attempts to foster sustainability and include sourcing products that can be recycled or are biodegradable and that contain less toxic and hazardous chemicals and additives; source reduction; and solid waste reduction as well as purchasing goods that are produced in environmentally sound ways or buying products through systems that produce the least amount of environmental pollutants. OCPS desires that the Provider foster sustainability and partner with us in the expanding areas of sustainability.


C. SPECIAL INSTRUCTIONS & TECHNICAL SPECIFICATIONS– RELOCATION SERVICES

1. SCOPEThe intention of this Invitation To Bid is to award a minimum of four Relocation Services

contractors, a primary and an alternate vendor for each of two lots for Relocation Services as listed and described on the bid price sheet and in the body of this Invitation.

2. BIDDERS RESPONSIBILITIESIt is the responsibility of the Bidder (“hereafter in these Special Instructions also referred to as

Relocation Contractor”) to become thoroughly familiar with the requirements, terms, and conditions of this Invitation.

OCPS will not correct any errors within bids received. Errors affecting the grand total bid amount may render the bid non responsive. OCPS reserves the right to reject any nonconforming bids.

Bidders are responsible for monitoring OCPS Procurement Services website at https://www.ocps.net/op/procure/Solicitations/Pages/Current.aspx for any and all information regarding this bid such as addenda, tab sheet, notice of intended action, etc. OCPS Procurement Services advertises its solicitations at https://www.ocps.net/op/procure/Solicitations/Pages/Current.aspx under the current solicitation link

3. ELECTRONIC BID DOCUMENTS AND BID PRICE SHEETThe Bidder must submit along with its paper bid documents, an electronic copy of its entire bid

package. The read only CD/DVD or thumb drive is to include all fully executed forms, bid price sheet, and all required supplementary documents. Failure to submit the above mentioned documents in electronic form as required herein will result in the Bid being deemed non-responsive.

The Bidder shall include with its submittal the executed Bid Price Proposal Form. The electronic Bid Price Proposal Form must be saved and submitted in the same format as downloaded from the internet.

In case of a conflict between the information in the hard copy and the electronic version, the hard copy will take precedence.

4. A Pre-Bid Meeting is scheduled for Friday, November 7, 2014 @ 11:00 a.m., 6501 Magic Way complex, Building 100B, Meeting Room 127. All relocation contractors bidding on this ITB are strongly encouraged to attend this important meeting.

5. AWARDContracts shall be awarded on the basis of the lowest Total Bid received for each lot from

responsive and responsible Bidders. OCPS reserves the right to award contracts to more than one Bidder for the same services. OCPS reserves the right to utilize the alternate Relocation Services contractor in the event of an emergency, or any non-responsiveness by the primary Relocation Services contractor.

6. LENGTH OF CONTRACT AND RENEWALS The intent of this Bid is to establish a contract for a period of two (2) years from the date of award,

during which time the successful Bidders shall guarantee fixed pricing of hourly rates for Relocation as specified in the Bid.

OCPS reserves the right to renew any or all prices, terms, conditions and specifications of a contract for up to two (2) additional one year period(s). By the submission of its Bid, Bidder’s surety consents to all such renewals without notice. All renewals must be submitted in writing to include the awarded Relocation Contractor’s Authorized Representative signature.




7. PRICING Bid Price Proposals from Qualified Bidders will be evaluated based on the Total Bid Price

submitted, for each of the (2) Lots, for all items which meet specifications in an “ALL OR NONE” Bid for the particular group of items listed. All bid pricing shall include any overtime, weekend and or Holiday pay.

8. PRICE REDUCTIONIf, from date of bid opening, the successful Bidder either submits a bid to another public owner with

hourly rates at a lower price than offered OCPS, or reduces its hourly rates in an existing public owner contract, the lowest of these reduced prices will be extended to OCPS.

9. BANKRUPTCY/INSOLVENCYAt the time of submittal of its Bid, the Bidder shall not be in the process of or engaged in any type of

proceedings relating to insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If the Bidder is awarded a contract and subsequently files for bankruptcy, insolvency or receivership, OCPS may, at its option, terminate and cancel said contract.

10. APPROVED ALTERNATEAny manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a

specification are for information and not intended to limit competition. If Bids allow equivalent products, indicate on the Bid from the manufacturer’s name and model number. Bidder shall submit with his Bid, cut sheets, sketches, and descriptive literature, and/or complete specifications. OCPS reserves the right to determine acceptance of item(s) as an approved alternate. Bids that do not comply with these requirements are subject to rejection. If the manufacturer’s model number for the items specified herein is incorrect, has changed or is no longer available and has been replaced with a new updated model and specifications, the Bidder shall notify Facilities Construction Services in writing.

11. CONTRACTOR SELECTION METHODOLOGYThe lowest overall responsive and responsible Qualified Relocation Contractor Total Bids received,

for each of the (2) Lots, will be awarded Relocation work as the Primary Contractors, on contracts above twenty five thousand dollars “$25,000+” for LOT 1, and from zero “0” to twenty four thousand, nine hundred ninety nine dollars “$24,999” for LOT 2.

The second lowest overall responsive and responsible Qualified Relocation Contractor Total Bids received, for each of the (2) Lots, will be awarded Relocation work as the Alternate Contractors, on contracts above twenty five thousand dollars “$25,000+” for LOT 1, and from zero “0” to twenty four thousand, nine hundred ninety nine dollars “$24,999” for LOT 2. OCPS reserves the right to utilize the alternate Relocation Services Contractors in the event of an emergency, or any non-responsiveness by the primary Relocation Services Contractors.

12. CONTRACTOR WORK ISSUANCEOCPS anticipates issuing Purchase Orders for projects with an estimated value ranging from zero

“0” dollars to twenty five thousand dollars “$25,000” and issuing Purchase Orders and, at Owner’s discretion, Work Authorizations for projects with an estimated value ranging from twenty five thousand dollars “$25,000” to a maximum of two hundred eighty thousand dollars “$280,000”.

OCPS reserves the right to award a contract or project to multiple Bidders. On all work, subcontractors work must be quoted on Subcontractors letterhead with a complete materials and labor breakdown. Only the material, equipment and subcontractor percentage markup will be allowed in this category. If the Relocation Contractor opts to vary from the original bid pricing submitted, the pricing submitted for the quote must be lower than the original bid pricing. OCPS reserves the right to quote any project, at its discretion, utilizing all preselected Relocation contractors, regardless of dollar amount. OCPS reserves the right to waive any minor

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irregularities or technicalities and all informalities along with the right to confirm a Bidder's qualifications and to inspect a Bidder’s facilities and equipment. OCPS also reserves the right to reject any or all bids or to accept any bid or part thereof that in its judgment will be in the best interest of OCPS.

Due to the need for a quick response time, the awarded Bidder(s) must be able to respond and mobilize on-site for emergency requests within one hour.

OCPS reserves the right to request a full breakdown of labor and material costs from the contractor, the contractor’s subcontractors and from any material providers, prior to the commencement of any work.

13. CONTRACTUAL AGREEMENTThis Invitation to Bid and the Bid shall be included and incorporated into any Contract awarded by

OCPS to the Bidder. The order of precedence in the event of any conflicting terms will be the 1) Invitation to Bid, 2) Bid and 3) Purchase Order or Work Authorization.

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TECHNICAL SPECIFICATIONS

1. The specifications are listed below and on the Electronic Bid Price Proposal Form. Bidder will be responsible for meeting all specifications as outlined herein and on the Bid Price Proposal Form.

OCPS reserves the right to offer any project to any selected Bidder regardless of the estimated dollar amount of the work, and to contract using a Work Authorization or a purchase order as determined by OCPS.

2. All requested work shall be completed in accordance with all federal, state and local codes, and shall be inspected for compliance by Orange County Public School Office of Building Code Compliance Inspectors and any other inspectors designated by OCPS.

3. OCPS reserves the right on a project by project basis to provide Relocation materials at which time the cost of materials will be deducted from the unit price. OCPS will negotiate with the Relocation Contractor prior to the start of the project.

4. Contractor shall furnish all supervision, labor, materials, supplies and equipment necessary to perform all the Relocation Services needed in an orderly, timely and efficient manner. Services shall include movement of furniture, equipment, supplies and other items as necessary. Multiple jobs at different sites on the same dates will be required at various times, therefore the Contractor must have sufficient equipment, trucks and labor to handle several jobs at one time.

5. The School Board reserves the right to require contractors to relocate equipment such as computers,televisions,VCRs, DVR’S etc. The Contractor may only move these items if they have been unplugged/disconnected from all outlets and are properly marked for moving. The Contractor shall not remove any TV’s/VCR’s/DVR’s from TV brackets on the walls. All equipment shall be located at ground level (floor, desks, cabinets, etc.). The Contractor shall not be required to properly connect these items at its new location.

Such equipment shall include, but not be limited to, two (2) wheel and four (4) wheel dollies, blankets, trucks, etc., as may be required. All material handling devices used in the interior of the building must have rubber tired wheels, and must be maintained free from grease and dirt. All filing equipment must be transported upright. The contractor shall be responsible for uncrating and assembling items as requested by School Board. All property must be moved by the Contractor in closed trucks or trailers that can and will be locked during transit. All property shall be protected against inclement weather during loading and unloading.

6. The hourly rate paid to the vendor shall start upon arrival at the job site and end upon departure from the site. This hourly rate shall be used as required by the school board for the services specified as well as unforeseen labor needs not otherwise addressed. The hourly rate for a moving vehicle may only be charged if vehicle is actually being used to move OCPS property to another location. Vendor may not charge an hourly rate for moving vehicle when used for delivery of personnel and moving equipment to job site only.

7. MINIMUM JOB REQUIREMENTSThe minimum job request charge shall be two (2) hours of work. Should the Contractor arrive at a job site that isnot ready and the Owner’s Representative reschedules, the Contractor may bill a two (2) hour minimum.

8. Work shall be performed as needed. Charges for work shall start at the time of arrival at the jobsite and end at the time of departure. All travel and other costs shall be included in the rates bid.

NOTE: The School Board reserves the right to require vendors to deliver and assemble furniture at a job site as deemed necessary. This cost shall be factored in to the hourly rates above.

12ITB1410213 Initials_______

A School Board representative shall schedule the relocation services as needed. Services shall be rendered withinforty-eight (48) hours of receipt of purchase order or by specified deadline provided by Owner’s Representative. Within three (3) workdays of request, or as otherwise directed, the vendor shall submit in writing to the schoolboard representative the cost for the job with a hourly breakdown of the number of people, (movers, drivers and Supervisors) and equipment (truck) as well as the approximate time to perform the services. After purchase orderis issued (per job), work may proceed as scheduled. The School Board will not pay for work in which a purchaseorder has not been issued. Copies of purchase orders must accompany all invoices.

9. The School Board reserves the right to contract out large projects, as it deems necessary.

10. If the Orange County Public School Representative determines that the vendors per day progressdoes not allow for proper execution and completion of the project by specified deadline, the Orange CountyPublic School Project Representative may contact other vendors or in-house personnel to subsidize and/or replacethe contracted workforce.

11. If day labor employees are used for project work, the vendor is required to have a trained employee (supervisor, driver, or laborer) of the vendor on-site at all times during the execution of the project. Name of trained employee shall be provided to Owner’s Representative prior to start of project work.

12. PACKING AND PADDINGThe Contractor shall furnish materials necessary to protect the interior (walls, furniture, equipment, etc.) of thebuilding from and to which the property is to be moved under this contract including when necessary the interiorand outside facing of elevators.

OCPS personnel will tag and/or label all boxes indicating room and location where Contractor is to locate theproperty for items specified to be moved.

13. PROTECTION OF MATERIALS AND WORKThe Contractor shall, at all times, protect and preserve all materials, supplies and equipment of every description,including that which is owned, leased and/or in the custody of the School Board. All reasonable requests of theSchool Board designated representative to enclose or specially protect such property shall be complied with.

14. Each bidder must have all licenses and/or permits in accordance with city and county ordinances,rules, regulations and provisions and all licenses and/or permits must be obtained at the bidder's expense.

15. No interruption of existing facilities or services will be made without prior notice to and cooperation with "OCPS" and such interruption will be made only at such times permitted, approved andscheduled by the Owner’s Representative.

16. The OCPS authorized representative shall provide a set of Relocation plans to the Relocation Contractor with a detailed scope of work which identifies the specific job description and the project schedule, as needed. Relocation survey shall be conducted by OCPC authorized representative or an approved Relocation consultant (depending on the size of the Relocation project at the discretion of authorized OCPS representative).

13ITB1410213 Initials_______

17. Upon receipt of a Work Request from OCPS’ authorized representative(s), the Relocation Contractor shall prepare an independent written cost proposal of the labor, materials and rental equipment required to complete the work. This cost proposal shall provide specific information including the following: number of hours needed to complete the project with hourly rates, as bid; list of materials including description, cost, number and subcontract information including the name of the Relocation Contractors Subcontractor and an itemized listing of all labor, materials and rental equipment used by the Relocation Contractors Subcontractor. The cost proposal shall be submitted in a format agreeable to OCPS. Cost proposal must be inclusive of the project schedule.

18. The Relocation Contractor shall complete the total cost proposal to accomplish the job and will identify any additional tasks necessary to satisfactorily accomplish the overall scope of work.

19. The Relocation Contractor must return a cost proposal to OCPS’s Representative within three (3) work days, or as otherwise directed, from receipt of a Work Request.

20. Relocation Contractor’s repeated failure to submit cost proposals, or those otherwise considered non-responsive, on more than three (3) occasions, shall be deemed as a default of contract. No further cost proposals shall be requested from the Relocation Contractor under this bid and the Relocation Contractor may be disqualified.

21. The Relocation Contractor’s cost proposal will be evaluated to determine if the scope has beenclearly and accurately understood, the work has been properly priced with supporting data presented and thatmaterial and equipment estimates are reasonable and properly documented.

22. The Relocation Contractor acknowledges that work will be performed only after receipt of an authorized Work Authorization or Purchase Order. If during the course of work, the Relocation Contractor encounters unforeseen conditions which impact the cost of the work and which could not initially be evaluated, the Relocation Contractor shall not proceed without written authorization in the form of a change order and a change to the Work Authorization or Purchase Order.

23. The Contractor shall complete all tasks before leaving to go to another job site.

24. Emergency Work Requests may be needed from time to time. The Vendor shall within four (4) hours’ notice meet OCPS personnel at the job site to review the scope of work, provide an estimate, proceed with work without delay and in general be responsive to the emergency request. All travel expenses, travel time, vehicle etc., incurred by the vendor in order to provide an emergency work request quote shall be borne by the Contractor and will not be reimbursed by the School Board.

25. The Relocation Contractor’s required time of performance shall commence when the Relocation Contractor mobilizes at the job site. Any travel time expenses shall be borne by the Relocation Contractor and will not be reimbursed by OCPS. The Relocation Contractor shall be responsible for notifying OCPS in writing of any conditions detrimental to proper and timely completion of work, including the presence of PCB’S and Asbestos. The Relocation Contractor shall not proceed with work until unsatisfactory conditions have been corrected in a manner acceptable to the Relocation Contractor and OCPS.

14ITB1410213 Initials_______

26. The Relocation Contractor shall, and in addition to all other guarantees, be responsible for faulty labor or workmanship and shall promptly correct improper work, without cost to OCPS, within 24 hours after receipt of notification of such faulty labor or workmanship. If the Relocation Contractor fails within 24 hours to correct defects, the Owner shall be entitled to have such work remedied and the Relocation Contractor shall be fully liable for all costs and expense reasonably incurred by OCPS. Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee period shall be effective for five years after acceptance of the work by OCPS.

27. SERVICE REQUIREMENTSThe Relocation Contractor shall have sufficient number of personnel, materials, transportation and

an adequate inventory of tools and equipment to perform work at the job site.

The Relocation Contractor shall provide sufficient staff, resources and facilities to ensure that the Orange County School Board’s business is handled in a timely manner.

The Relocation Contractor shall be responsible for creating inventory list for every item relocated, including Fixed Assets or otherwise. The Relocation Contractor shall provide said inventory list to OCPS prior to relocating item from original location. Inventory lists shall include: 1) Item Description, 2) Item Quantity, 3) Designation of Fixed Asset with FA Number and attached Prop-4 Form, 4) Vendor’s Truck Number, 5) Departure Date, 6) Destination Location, 7) ETA for Return Delivery.

Fixed Assets will be identified by an OCPS Fixed Asset Tag (attached to item). Alternately, the item will be listed on the OCPS Fixed Asset List, which will be provided to the Relocation Contractor prior to commencement of relocation activities. The Relocation Contractor shall assume temporary possession and responsibility for all items relocated from original location (Fixed Asset or otherwise) by signing a Prop-4 form prior to relocating item from original location. Relocation Contractor shall provide OCPS copy of signed Prop-4 Forms within (24) hours of relocating item from original location.

The Relocation Contractor shall receive written approval from OCPS Surplus prior to recycling or disposing of any District Owned asset.

The Relocation Contractor shall be responsible for providing OCPS Surplus with inventory of every item being delivered to OCPS Surplus. Vendor shall provide all labor and equipment for moving items from truck into OCPS Surplus warehouse.

Quotations and invoices must be itemized per the “NOTES” from Bid Price Proposal Sheet. Each line of quotation and invoice must identify 1) labor category, 2) room type, 3) onsite versus offsite move, and 4) maximum NTE hours. Storage costs and delivery to OCPS Surplus must be itemized separately.

If the Relocation Contractor is unable to perform the work in a timely manner as agreed upon, OCPS shall have the right to rescind the Work Authorization or Purchase Order and award to another vendor.

If the Relocation Contractor for any reason fails to remain a Relocation Contractor for OCPS, then all records pertaining to OCPS Relocation, scheduling, paperwork, warranty information and technical data shall be surrendered to OCPS within 10 business days.

Emergency Work Requests may be needed from time to time. The Relocation Contractor must be able to meet OCPS representative within one (1) hour of notice at the job sites, to review the scope of work, provide an estimate, and proceed with work after approval by owner, and in general be responsive to the emergency request.

15ITB1410213 Initials_______

28. TIME IS OF THE ESSENCEThe Relocation Contractor acknowledges that time is of the essence to complete the work as

required under its contract(s) with OCPS. The Relocation Contractor agrees that all work shall be prosecuted diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within the contractually required time. Should the Relocation Contractor neglect, fail, or refuse to complete the work within the time specified in each and every Work Authorization or Purchase Order, then the Relocation Contractor shall pay to OCPS the daily liquidated damage sum of up to $1,000.00 for each and every calendar day that the Relocation Contractor fails to timely complete the time stipulated in each and every Work Authorization or Purchase Order for completing the work, not as a penalty but as liquidated damages for breach of Contract as set forth herein.

29. BONDOCPS may request and require the Relocation Contractor to provide a performance and payment

bond on projects between $100,000.00 and $200,000.00. OCPS will require a performance and payment bond on all projects over the $200,000.00. Both bonds will require 100% of the total project cost. The bond requirements will be included in the Work Authorization or Purchase Order and scope of work provided to the Relocation Contractor. The Relocation Contractor’s estimate shall include as a separate line item all acquisition costs associated with the bond(s). OCPS will pay for reasonable costs incurred by the Relocation Contractor for obtaining a performance and payment bond.

30. USE OF OTHER CONTRACTSOCPS reserves the right to utilize any other OCPS contract, any State of Florida Contract, any

contract awarded by any other city or county governmental agencies, any other school board, or any other community college/state university system cooperative bid agreement, in lieu of any offer received or award made as a result of this bid, if it is in its best interest to do so. OCPS also reserves the right to bid separately any single order or to purchase any item on this bid if it is in its best interest to do so.

31. FAMILIARITY WITH LAWS, ORDINANCES, RULES AND REGULATIONSBidders are required to be familiar with all Federal, State and local laws, ordinances, rules and

regulations that may affect their work in any manner. Failure on the part of the vendor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The awarded vendor assures and certifies that they will comply with all laws, ordinances, rules, regulations and all other legal requirements.

The Bidder shall have in their possession all-applicable insurance, permits, licenses, etc. that may be required by law to furnish services under the scope of this contract. The successful Bidder must not be in violation of any zoning or other ordinances in the performance during the life of this contract.

Any fines levied due to inadequacies or failure to comply with any and all requirements shall be the sole responsibility of the Relocation Contractor. Any person found not in conformance with any laws, statutes, rules or regulations will not be allowed on the job site.

Continued violations by a Relocation Contractor shall constitute cause for immediate termination of the Agreement. The Relocation Contractor shall abide by all OSHA, NFPA and ADA regulations pertaining to the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression / extinguishers, job site first aid kits and emergency communication.

Any work site accidents shall be reported to the proper authorities.

16ITB1410213 Initials_______

32. FORCE MAJEUREOCPS and the Bidder will exercise every reasonable effort to meet their respective obligations as

outlined in this solicitation and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred.

33. PROTECTION OF PERSONS & PROPERTYThe successful Bidder shall at all times guard from damage or loss to property of OCPS or of other

Vendors or Relocation Contractors and shall replace or repair any loss or damage unless such is caused by OCPS, other Vendors or Relocation Contractors. All existing structures, utilities, services, roads, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Relocation Contractor. The Relocation Contractor shall replace or repair any said loss or damage. OCPS may withhold payment or make such deductions as it might deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Bidder or his agents. Precautions will be exercised at all times for the protection of persons (including employees) and property. Barricades will be provided by the Relocation Contractor at Relocation Contractor’s expense, when work is performed in areas traversed by persons or vehicles. The Relocation Contractor shall conform to any other safety requirements deemed necessary by OCPS’s Representative to insure the safety of all students, staff, and community members.

34. REMOVAL OF DEBRISRelocation Contractor shall be responsible for the prompt removal of all debris from the school

area, which is a result of this delivery and installation. Dumpsters and trash receptacles provided by OCPS for the use of the facility tenant shall not be used by the Relocation Contractor. Any debris left at the worksite shall be removed within 24 hours’ notice from OCPS; the Relocation Contractor assumes all liability for accidents that may occur due to any debris, equipment, tools and worksite hazards.

35. JESSICA LUNSFORD ACTAwarded Relocation Contractor and any of his employees performing services hereunder, shall

comply with the Jessica Lunsford Act taking effect September 1, 2005. “Non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in s.1012.32. Contractual personnel shall include any individual, vendor or entity under contract with OCPS. All contractor employees must be JLA badged while on an occupied campus.

36. RELOCATION CONTRACTOR REPRESENTATIVEThe awarded Relocation Contractor shall provide the name, address, phone and cell numbers of the

person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. The awarded Relocation Contractor shall provide their technicians assigned to OCPS with either a cellular phone or Nextel radio allowing District personnel with immediate access in cases of emergency.

17ITB1410213 Initials_______

37. INVOICINGAn invoice can only reference one Work Authorization or Purchase Order number. Payment for partial

shipments shall not be made unless specified. Invoices which do not reference valid Work Authorization or Purchase Order numbers or which are erroneous (incorrect contract prices, minimum order charges, etc.) shall be returned to the vendor for resolution of the discrepancies. It is the sole responsibility of the vendor to reconcile the Work Authorization or Purchase Order and the vendor’s invoice and to notify the purchasing representative of any discrepancies prior to billing. OCPS will only pay the dollar amounts authorized on the Work Authorization or Purchase Order.

The awarded Relocation Contractor will be required to submit two duplicate invoices referencing the Work Authorization or Purchase Order number on all requests for payment. All statements must reference valid Work Authorization or Purchase Order numbers. Invoices shall be emailed directly to OCPS Facilities Construction Representative assigned to the specific project in each area. Included in the email will be the invoice and inspection report.

Copy #1: Orange County Public SchoolsAccounts Payable DepartmentP.O. Box 4984Orlando, FL 32802

Copy #2: Orange County Public SchoolsOperations and Maintenance Department6501 Magic WayOrlando, Florida 32809

38. COMPLETIONUpon completion of the job, the Relocation Contractor shall submit the following information:a. Date and time the work was initiated and completed;b. Relocation Contractor’s certification that the work has been completed;c. A detailed breakdown of the materials used to complete the work upon request;;d. Copies of invoices from suppliers and/or sub-Relocation Contractors for cost plus charges;e. Warranty information.f. Acceptance from BCCO, if applicable.g. Certified payroll upon request.

39. BUILDING CODE COMLPIANCE OFFICE (BCCO)All work covered by the technical codes will require a permit from the Building Code Compliance

Office. This includes constructing, enlarging, altering, repairing, moving, demolishing, changing of occupancy or use, erecting, installing, converting or replacing any building or structure, electrical, plumbing, mechanical, gas, fire alarm or fire sprinkler system.

40. NON-PERFORMANCETime is of the essence in this contract. The bidder must comply with all requirements as set forth

by this contract. Failure to complete the requirements of this contract shall be considered a default.

18ITB1410213 Initials_______

In case of contract default, the School Board may procure the services or products from other sources and hold the bidder responsible for any excess costs occasioned thereby and may immediately proceed to cancel the contract. Furthermore, the School Board may suspend the vendor from future bids and business with the School Board for a specified period of time.

41. FAILURE OF PERFORMANCE AND/OR DELIVERY

If the successful bidder fails to perform as required per these specifications, or fails to deliver the item(s) specified in these specifications, he/she shall recompense the School Board of Orange County, Florida, for any damages to the said Board caused by his failure to perform as stated. If the vendor is unable to perform the work in a timely manner as agreed upon, the School Board shall have the right to rescind the purchase order and award to another vendor.

19ITB1410213 Initials_______

“NO BID” RESPONSE SUBMITTAL FORM

If your company is not submitting a response to this Invitation to Bid, please complete and fax this form prior to the due date established in the bid document.

Orange County Public SchoolsFacilities & Construction Contracting

Attn: Jill Poolman6501 Magic Way, Building 100B

Orlando, FL 32809Fax 407.317.3765

This information will assist Facilities & Construction Contracting in the preparation of future Bids.

Bid #: ITB1410213, Title: RELOCATION SERVICES

Company Name:

Contact Person Name & Title:

Address:

Telephone: Fax:

Email Address: Please check reason for a “no bid.”

___ Specifications “too tight”, geared toward one brand or manufacturer (explain below)

___ Insufficient time to respond

___ Specifications unclear (explain below)

___ We do not offer this product/service or an equivalent

___ Our product schedule does not permit us to perform

___ Unable to meet specifications

___ Unable to meet bond requirements

___ Unable to hold prices firm throughout the term of the contract period

___ Unable to meet insurance requirements

___ Other:

Print Name:

Signature: Date:

If you are submitting this form, then only this form needs to be completed and faxed to 407.317.3765, please do not return the entire bid package.

20ITB1410213 Initials_______

BID IDENTIFICATION LABEL

NOTICE TO ALL BIDDERS: For your convenience, a label has been provided to properly identify your proposal submittal. Place completed proposal in a sealed envelope, type or print company name and address on the label and affix the label to the front of the envelope or mailing package

PLEASE FILL OUT THE LABEL BELOW AND ATTACH IT TO THE OUTSIDE OF YOUR REPLY ENVELOPE.

D O N O T O P E N – S E A L E D B I D – D O N O T O P E N

BID # ITB1410213, TITLE: RELOCATION SERVICES

BID TO BE OPENED ON: NOVEMBER 19 , 2014 AT 10 :00 A .M. From:

DELIVER TO:

ORANGE COUNTY PUBLIC SCHOOLS F A C I L I T I E S & C O N S T R U C T I O N C O N T R A C T I N G

C/O JILL POOLMAN 6 5 0 1 M A G I C W A Y , B L D G 1 0 0 B ORLANDO, FL 32809

21ITB1410213 Initials_______

BIDDER’S EXPERIENCE/QUALIFICATIONS

Please provide written responses to the following questions. If the answer to any of the questions is “Yes”, Vendor shall describe fully the circumstances, reasons therefore, status, and ultimate disposition of each matter that is the subject of this inquiry.

1. Years in business under present name: Years performing work specialty:

Licenses currently valid in force: 2. Contractor’s Representative:

Provide the following information for the person assigned to this contract. Representative will assist in the overall coordination of services to include but not be limited to quoting projects and resolving issues with invoices, etc.:

Name: Phone #: Cell #:

Email: 3. Has Vendor been declared in default of any contract? Yes No4. Has Vendor had any OSHA fines within the last three (3) years? Yes No5. Has Vendor had any jobsite fatalities within the last five (5) years? Yes No

If you answered YES to either of the above questions, you MUST submit on a separate sheet the details describing the circumstances surrounding each incident.

6. Has Vendor ever forfeited on any performance bond payment issued by a surety company on any contract? Yes No

7. Has an uncompleted contract been assigned by Vendor’s surety company on any payment of performance bond issued to Vendor arising from its failure to fully discharge all contractual obligations there under? Yes No

8. Within the past three (3) years, has Vendor filed for reorganization, protection from creditors, or dissolution under the bankruptcy statutes? Yes No

9. Is Vendor now the subject of any litigation in which an adverse decision might result in a material change in the respondent’s financial position or future viability? Yes No

10. Is Vendor currently involved in any state of a fact-finding, negotiations or resistance to a merger, friendly acquisition or hostile take-over, either as a target or as a pursuer? Yes No

11. References: Provide three references from agencies you have provided goods or services to in the past two (2) years, at least one reference should be a public school system.

Reference # 1Organization Name: Telephone #:

Contact Name: E-mail Address:

Scope of Work Provided:

Project Dollar Value: Present Contract Status: Contract Dates:

Reference # 2Organization Name: Telephone #:




Reference # 322

ITB1410213 Initials_______

Organization Name: Telephone #:




TOTAL NUMBER OF PERMANENT STAFF EMPLOYED INCLUDES THE FOLLOWING:

Management Truck Driver

Van Driver Helper

12. BANK REFERENCES, CREDIT REFERENCES:Bank Name:

Address:

Contact: Phone:

Currently rated with Dun & Bradstreet? YES NO

If so, what is your D & B rating:

Has firm: Failed to complete a contract? YES NO

Been involved in bankruptcy or reorganization? YES NO

Pending judgment claims or suits against firm? YES NO

(If answer to preceding is yes, submit details on separate sheet.)

13. A. Describe vendor’s capabilities to provide complete services as outlined in this ITB and Bid Price Sheet.

use attachment if necessary, label as “Submittal 13A”.

B. How will vendor handle emergency calls (must be able to meet OCPS representative within one hour of notice)? use attachment if necessary, label as “Submittal 13B”.

14. Has anyone employed by your firm ever been convicted, plead nolo contendere (no contest), or had adjudication withheld in a criminal offense, felony, misdemeanor, or otherwise, or are there any criminal charges now pending against anyone employed by your firm other than a non-criminal traffic violation? YES NO

If yes provide complete details on a separate sheet.

23ITB1410213 Initials_______

Attachment “A”

RELOCATION CONTRACTOR QUALIFICATION REQUIREMENTSREF: #ITB1410213

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

Submitted by:

___________________________________________________________________________________

Company: ___________________________________________________________________________

_____________________________________________________________________________________

Address:

Phone: ______________________________ Fax: _________________

Email address ____________________________________________________________________

Principal Office location: _________________________________________

Signature:

Notary Public Signature:

Notary Name, Printed, Typed Or Stamped:

Commission Number: My Commission Expires:

24ITB1410213 Initials_______

A. RELOCATION CONTRACTOR QUALIFICATION REQUIREMENTS

The Bidder shall hold an Occupational License issued by the appropriate municipality. This license must be valid at the time of the bid opening and remain valid continuously throughout the term of any contract with OCPS. A legible copy must be provided with Bid.

The Bidders for LOT 1 must have successfully completed within the past five (5) years a minimum of ten (10) commercial Relocation projects where the contract amount was $25,000.00 or more. This work must have been completed by the same contracting entity as listed on Attachment “A” Relocation Contractor Informational Statement

The Bidders for LOT 2 must have successfully completed within the past five (5) years a minimum of seven (7) commercial Relocation projects where the contract amount was $5,000.00 and three (3) commercial Relocation projects where the contract amount was $10,000.00 or more. This work must have been completed by the same contracting entity as listed on Attachment “A” Relocation Contractor Informational Statement

The Bidder must be able to obtain payment and performance bonds from a surety company licensed in Florida, and must submit proof of $1 million in present aggregate bonding capacity.

List a minimum of ten “10” projects your company has successfully completed in the last 5 years and the contract amount of each project. Consideration for award of this Bid may only be made to Relocation Contractors who completely fill out ALL TEN “10” of the required Project References. “Successfully completed” for these purposes shall mean that the project was completed within the time limits required by the Owner and did not result in any arbitration or litigation involving the Relocation Contractor. OCPS may contact the contracting parties identified herein to confirm successful completion of a project.

Project #1

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________

Contracting Agency: ____________________________________________________________________

Contract Amount: ___________________________________ Date Completed: ____________________

Project #2

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________


Contract Amount: ___________________________________ Date Completed: ____________________25


Project #3

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



Project #4

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



Project #5

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



Project #6

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



26ITB1410213 Initials_______

Project #7

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



Project #8

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



Project #9

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



Project #10

Project Name: _________________________________________________________________________

Address: _____________________________________________________________________________

Contact: _______________________________________ Phone: ________________________________



27ITB1410213 Initials_______

MWBE /LDB PARTICIPATION GUIDELINES

The Respondent understands that the School District is committed to an increase in the number of qualified minorities and women who wish to provide supplies, equipment, or services to the district, and that the School District has established as goals for that participation twelve percent (12%) of the total cost of the purchasing contracts to be provided by minorities or women-owned business enterprises (MWBE) and ten percent (10%) to be provided by local developing businesses (LDB).

Accordingly, the Respondent hereby certifies that he/she will use his/her best efforts to achieve the Board’s goals in the administration of this contract unless waived as provided herein.

Minority/Women Business Participation may be provided through any combination of the following elements:1. B u s i n e s s w i t h MWBE and/or LDB o wne rs h i p: The amount of participation for this element where the company is

certified by agencies accepted by the district, the total amount of the order shall be used as the amount of participation.

a. MWBE and LDB firms shall submit valid proof of certification with the bid. Each MWBE firm shall submit a copy of a valid MWBE certification from the City of Orlando, Orange County Government, State of Florida or the National/Florida Minority Supplier Development Council (NMSDC/FMSDC). Each LDB firm shall submit a valid LDB letter of certification issued by the Greater Orlando Aviation Authority or a copy of their OCPS LDB Certificate. A firm must be certified by the bid award date. A bidder may be considered non-responsive and may be rejected, at the sole discretion of OCPS, if the bidder fails to provide the required data.

b. OCPS shall be the final authority in determining whether a bidder qualifies as an MWBE or LDB firm for purposes of this bid.

c. For clarification regarding the district’s MWBE or LDB programs and/or for LDB certification, please contact The Office of Business Opportunity (407) 317- 3739 or visit the website at: http://www.obo.ocps.net

2. Sub-contractor participation - Purchase of m ate r i al and/or service o b ta i n e d f r om m i no r i t y / wo m en d i s t r i b uto r s or m anu f a c tu r e rs : The amount of participation for this element shall be the relative portion of the total amount of the order in proportion to the percentage of the value for that amount of materials, which is obtained from minority/women distributors or manufacturers. All firms must submit a completed Office of Business Opportunity MWBE/LDB Subcontractor form. Firms not committing to sub-contracting should so indicate on the form.

CERTIFICATE OF MINORITY/WOMEN PARTICIPATIONResponsibility for determining MWBE and LDB participation by supplier shall be in the Office of Business Opportunity in submitting a proposal to provide supplies, equipment or services to the School District. The Respondent must include with the proposal the CERTIFICATE OF MINORITY/WOMEN Ownership and/or LDB status from the certifying agency. After a proposal has been opened and the appropriate staff of the School District has completed all procedures relating to the recording of said proposal, the Specialist in the Office of Business Opportunity for the School District shall examine the same to determine whether the proposed contractor has complied with the minority/women participation goals contemplated herein.

The Respondent/supplier must demonstrate to the satisfaction of the Specialist, Office of Business Opportunity for the School District prior to the award of the contract, and periodically thereafter throughout the term of the contract, that the Respondent/supplier is complying with the goals for MWBE and LDB participation.

If at any time, either before or after the award of contract, the supplier determines that he/she will be unable to comply, the supplier may request an evaluation of Good Faith by the Office of Business Opportunity of the School District. The Specialist, Office of Business Opportunity will make an analysis to verify that the supplier has made diligent, good faith efforts to meet the goals for MWBE and/or LDB participation, but due to circumstances beyond its control, it is impossible for the supplier to comply.

Notwithstanding, any of the forgoing requirements relating to the MWBE and LDB Participation Guidelines contained herein, the School District reserves the right to waive any technical requirements relating to the submission of the CERTIFICATES

28ITB1410213 Initials_______

OF MINORITY/WOMEN Ownership or LDB status, if to do so would benefit the District in the increase of MWBE and LDB participation in contracts originating in the Procurement Services Department.

29ITB1410213 Initials_______

O F F I C E O F B U S I N E S S O P P O R T U N I T YMWBE/LDB SUBCONTRACTOR

OCPS has established annual participation levels for the procurement of goods and non-professional services with Minority-Owned & Women-Owned Business Enterprises (MWBEs) and Local Developing Businesses (LDBs). For the purpose of calculating the MWBE and LDB participation percentages, only those dollars awarded to certified MWBE and LDB vendors will be utilized. Monies contracted or subcontracted to MWBE and LDB vendors are included in the calculation. As a result, respondents are asked to include certified MWBE and/or LDB subcontractor participation information below. If proposer has questions regarding a vendor’s certification, he/she may contact the OCPS Office of Business Opportunity (407) 317-3739.

Please complete the information below showing respondent’s commitment to subcontract at least twelve percent (12%) of its business related to this solicitation to one or more MWBE and ten (10%) for one or more LDB respondents.

Overall percent of MWBE Sub-Contractor Participation expected: _________________________

Overall percent of LDB Sub-Contractor Participation expected: ___________________________

Please complete the following table by indicating the name of the sub-contracting firm, whether or not the firm is an MWBE and/or LDB, the type of work or material to be supplied by the sub-contractor, anticipated dollar value, and the anticipated percent of the contract value.

Sub-Contractor MWBE or

LDB

Type of Work/Material $ Value % of Contract Value

If respondent has more than two MWBE or LDB vendors, the respondent should include information for additional MWBE and/or LDB vendors on an additional sheet of paper. Respondent agrees to supply subcontractor payment information to Orange County Public Schools. The due date and report format will be established upon award of the contract.

Authorized Signature Company Name

______________________________________________________________________________________________Print Name & Title

30ITB1410213 Initials_______

STATEMENT OF AFFIRMATION AND INTENT

TO: ORANGE COUNTY PUBLIC SCHOOLS, FACILITIES & CONSTRUCTION CONTRACTING

PROJECT: BID NUMBER: ITB1410213 RELOCATION SERVICES

DATE:

The undersigned, hereinafter called the Respondent, swears and affirms that the only persons or parties with any legal or equitable interest in Respondent’s bid in response to ITB Bid Number ITB1410213, are those named herein, that Respondent’s bid is, in all respects, fair and without fraud that it is made without collusion with any other vendor or official of the Orange County School Board. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Respondent’s bid submittal for the above project.

The Respondent certifies that no Board Member, Director, or any School Board Employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this bid.

The Respondent certifies that no member of the Respondent’s ownership or management is presently applying for an employee position or actively seeking an elected position with OCPS. In the event that a conflict of interest is identified in the provision of services, the Respondent agrees to immediately notify OCPS in writing. The Respondent further declares that he/she has carefully examined the scope of services, instructions, terms and conditions of this Invitation to Bid and that Respondent’s bid is made according to the provisions of the solicitation and that he/she will meet or exceed the scope of services, requirements, and standards contained in the Invitation to Bid.

The Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with OCPS, Respondent offers and agrees that if this negotiation is accepted, the Respondent will convey, sell, assign, or transfer to OCPS all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by OCPS. At OCPS’ discretion, such assignment shall be made and become effective at the time OCPS tenders final payment to the Respondent. And the Respondent acknowledges and affirms that its bid submitted in response to OCPS’s Invitation to Bid constitutes a binding offer by the Respondent to perform the services as stated upon which OCPS is intended to rely.

Corporate Name of Respondent (Typed)

Address, City, Zip

Signature of Authorized Representative Date

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NOTARY PUBLICState Of: County Of:

On this day of , 20 , before me appeared (name)

who is personally known to me or who has produced as identification

sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name of firm)

, to execute the affidavit and did so as his or her free act

and deed.




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ACKNOWLEDGEMENT OF BUSINESS TYPE

This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the bid on the specified due date and time. The undersigned Bidder certifies that this proposal package is submitted in accordance with the scope of services in its entirety and with full understanding of the conditions governing this proposal.

The Bidder further declares that he/she has carefully examined the scope of services, instructions, terms and conditions of this Invitation to Bid and that Bidder’s proposal is made according to the provisions of the bid and that he/she will meet or exceed the scope of services, requirements, and standards contained in the Invitation to Bid.

BUSINESS ADDRESS OF BIDDER:

Address

City, State, Zip Code

Telephone No. Fax No.

SIGNATURE OF BIDDER

If an Individual: Signature

doing business as

If a Partnership:

By: Partner Signature

If a Corporation: Corporate Name

(a Corporation) In what State is the Corporation Incorporated?

If not incorporated under the laws of Florida, are you licensed to do business in Florida? Yes No

By: Signature

Title:

Attest: (SEAL)Corporate Secretary

NOTARY PUBLICState Of: County Of:

33ITB1410213 Initials_______

On this day of , 20 , before me appeared (name)

who is personally known to me or who has produced as identification

sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name of

firm) , to execute the affidavit and did so as his or her free

act and deed.




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DRUG-FREE WORKPLACE CERTIFICATION FORM

IDENTICAL TIE BIDS - In accordance with Florida State Statutes Section 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this respondent complies fully with the above requirements.

Authorized Representative’s Signature

Company Name

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U.S. DEPARTMENT OF AGRICULTURE

Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989 Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

Before Completing Certification, Read Instructions below

1. The prospective primary participant 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 from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ordestruction 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) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal.

Relocation Services___________________________________Organization Name PR/Award Number or Project Name

Name(s) and Title(s) of Authorized Representatives Signature Date

Instructions for Certification1. By signing and submitting this form, the prospective primary

participant is providing the certification set out above in accordance with these instructions.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be

entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10.Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

36ITB1410213 Initials_______

TERM SERVICES CONTRACT

BETWEEN

THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA

AND

________________________________________________

________________________________________________

FOR

_______________________________________________

________________________________________________

DATE: ______________

34ITB1410213 Initials_______

Sample Agreement OnlyDo Not Complete

TERM CONSTRUCTION CONTRACT

THIS AGREEMENT is made and entered into as of this ______ day of _____, 20__, by and between THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing under the laws of the State of Florida (“Owner”), and _______________________________________________________________________________________________ , a ______________________, authorized to do business in the State of Florida, whose business address is _________________________________________ (“Relocation Contractor”).

Section 1. Contract Documents

A. The Contract Documents consist of this Agreement, any exhibits attached hereto, and any duly executed and issued addenda, Notices to Proceed, Change Orders, Work Authorizations, Purchase Orders, Construction Change Directives, Field Orders and amendments relating thereto. Further, the term Contract Documents shall include all plans and specifications for the construction of a Project (“Construction Documents”) as well as all documents comprising the Relocation Contractor’s submission in response to the Owner’s Invitation to Bid #ITB1410213. All of the foregoing Contract Documents are sometimes referred to herein as the “Contract”.

Section 2. Scope of Work

Owner shall advise Relocation Contractor in writing of the Work for which Owner desires Relocation Contractor to submit a proposal or bid. The form of that proposal (“Price Proposal”) is set forth in attached Exhibit N. Relocation Contractor shall submit its Price Proposal for the designated Work in accordance with the format and time periods set forth in Owner’s written request. Relocation Contractor shall provide such backup for its Price Proposal as may be required by Owner. Relocation Contractor’s Price Proposal shall be priced in accordance with the parameters set forth in Exhibit M of this Agreement. If the parties reach an agreement on the Price Proposal, including, but not limited to the scope of the required Work and the compensation to be paid for such Work, and Owner still wishes Relocation Contractor to provide such Work, a Work Authorization or Purchase Order shall be prepared and issued by the Superintendent of Orange County Public Schools (or his/her designee who has been authorized in writing by the Superintendent to issue such Notices to Proceed). The Work Authorization or Purchase Order shall incorporate the mutually agreed upon Price Proposal and shall be jointly executed.

Section 3. Contract Amount

A. The compensation to be paid by Owner for the performance of the Work associated with any particular Project (“Contract Amount”), shall be based upon the pricing parameters set forth in Exhibit M and established in the particular Work Authorization or Purchase Order issued for that Work, and all such compensations shall be subject to the terms and conditions of this Agreement. The Contract amount shall not exceed the price set forth in the Work Authorization or Purchase Order.

Section 4. Cost of the Work

A. Costs to be Reimbursed . The term Cost of the Work shall mean all costs necessarily and reasonably incurred by Relocation Contractor in the proper performance of the subject Work.

B. Costs Not To Be Reimbursed . The Cost of the Work shall not include the following items:

1. Salaries and other compensation of Relocation Contractor’s personnel stationed at Relocation Contractor’s principal office or offices other than the Project site office.

2. Expenses of Relocation Contractor’s principal office and offices other than the Project site office.

3. Overhead and general expenses, except as may be expressly included in subsection “A” above.

4. Relocation Contractor’s capital expenses, including interest on Relocation Contractor’s capital employed for the Work.

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5. Rental costs of machinery and equipment, except as specifically approved by owner.

6. Except as expressly approved by owner, costs due to the fault or negligence of Relocation Contractor, subcontractors, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited to, costs for the correction of damaged, defective, or nonconforming Work, disposal and replacement of materials and equipment incorrectly ordered or supplied, and making good damage to property not forming part of the Work.

7. Any costs not specifically and expressly described in subsection “A” above.

8. Costs which would cause the Work Authorization or Purchase Order to be exceeded

Section 5. Contract Time and Liquidated Damages

A. Time is of the essence in the performance of the Work under this Contract. The “Construction Commencement Date” and “Substantial Completion Date” for any specific Work shall be established in the applicable Work Authorization or Purchase Order to be issued by Owner for such Work. The total period of time beginning with the Construction Commencement Date and ending on the date of Substantial Completion of the subject Work is referred to hereafter as the “Contract Time” for the subject Work.

B. Owner and Relocation Contractor recognize that, since time is of the essence for this Contract, Owner will suffer financial loss if the Work on any particular Project is not substantially completed within the time specified in the applicable Work Authorization or Purchase Order, as said time may be adjusted as provided for herein. Since such loss would be difficult to quantify, it is hereby agreed that Owner receive liquidated damages in the amount of up to $1,000.00 from Relocation Contractor, for each calendar day Relocation Contractor fails to achieve Substantial Completion of the subject Work within the required time set forth in the Work Authorization or Purchase Order.

C. Notwithstanding anything herein to the contrary, this Contract shall have an initial term of one (1) year from the date it is executed by both Owner and Relocation Contractor. The Orange County School Board reserves the right to renew this contract for up to two (2) additional one year periods. This Contract shall renew upon the execution, by the Relocation Contractor, of an authorized and executed Extension Letter from the Owner for a term, not to exceed one year, as indicated in the Extension Letter. Accordingly, the maximum term for this Contract shall be three years. In the event Relocation Contractor does not execute the Extension Letter, Relocation Contractor shall be obligated to complete all Notices to Proceed issued prior to the expiration of this Contract, subject to the other terms and conditions of the Contract, including but not limited to, Owner’s right to terminate any and all such Notices to Proceed for cause or its convenience. In the event Owner elects not to renew the Contract, Owner shall designate therein as to how any pending Work under any outstanding Notices to Proceed are to be handled, which directions may provide for either the termination or continued performance of such Work. If Owner directs Relocation Contractor to continue to perform any such Work, Relocation Contractor shall continue performance of such Work in accordance with Owner’s directions and this Contract shall continue as to such Work.

Section 6. Exhibits Incorporated

Any exhibits attached to this Agreement are expressly agreed to be incorporated by reference and made a part of this Agreement.

Section 7. Governing Law

The Contract shall be interpreted under and its performance governed by the laws of the State of Florida.

Section 8. Entire Agreement

Each of the parties hereto agrees and represents that the Contract comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has

36ITB1410213 Initials_______


been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Contract.

Section 9. Severability

Should any provision of the Contract be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below.

OWNER: RELOCATION CONTRACTOR:

The School Board of Orange County, Florida, a Body Corporate

By: By: Print Name: Print Name: Its: Its: Date: Date:

Attest:

By: Clerk of The School Board of Orange County, Florida

37ITB1410213 Initials_______


EXHIBIT AGENERAL TERMS AND CONDITIONS

1. INVESTIGATION AND UTILITIES

1.1 Relocation Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions. Unless otherwise expressly provided in the applicable Contract Documents, the failure of Relocation Contractor to acquaint itself with any applicable conditions (whether known or unknown) shall not relieve Relocation Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation.

1.2 Relocation Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the subject Project site, said roadways, railways, drainage facilities and utilities being referred to in this Section 2 as the “Utilities”. Relocation Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the subject Project. Relocation Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Relocation Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work and shall be legally liable on behalf of itself, its Subcontractor Relocation Contractors and its employees for any disruptions caused thereto.

2. PROGRESS PAYMENTS.

2.1 Relocation Contractor shall invoice Owner for the Work in accordance with the terms of the Agreement and the subject Notices to Proceed. All such invoices shall be submitted by Relocation Contractor under a single monthly Application for Payment (unless otherwise agreed in writing), on fully completed and notarized copies of the Application for Payment form attached to the Agreement as Exhibit G.

2.2 Unless otherwise specified in the Work Authorization or Purchase Order, invoices shall be submitted on a monthly basis for Work completed during the billing period. The form and level of detail of the invoices shall be as directed by Owner. All invoices shall include the appropriate Work Authorization or Purchase Order Number, Project Number, Work Authorization Number, and Project Site description. Attached to the invoice shall be such documentation as may be required by Owner.

2.3 Relocation Contractor shall submit four (4) notarized original copies of its monthly Application for Payment to Design Professional on or before the 25th day of each month for Work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month’s application. Within seven (7) calendar days after receipt of each Application for Payment, each Design Professional shall submit to Owner a Certificate for Payment in the amount recommended by that Design Professional as being due and owing Relocation Contractor for its respective Projects. Owner shall pay Relocation Contractor that portion of each Design Professional’s Certificate for Payment which Owner approves as being due and owing Relocation Contractor within thirty (30) calendar days of Owner’s receipt of the Certificate for Payment.

2.4 Unless otherwise provided in the applicable Work Authorization or Purchase Order, Owner shall retain ten percent (10%) of that portion of the gross amount of each monthly payment request approved by Owner for payment.

2.5 Monthly payments to Relocation Contractor shall in no way imply approval or acceptance of Relocation Contractor’s work.

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2.6 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached to the Agreement as Exhibit F, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full through the previous month’s Application for Payment. Further, if Relocation Contractor is withholding any portion of a payment to any Relocation Contractors Subcontractor for any labor, services, or materials for which Owner has paid Relocation Contractor, Relocation Contractor agrees to refund such money to Owner.

3. PAYMENTS WITHHELD.

All Certificates for Payment are subject to Owner’s review and approval. Owner shall have the right to refuse to approve for payment any amounts, or portions thereof, requested by Relocation Contractor in an Application for Payment, or rescind any amount previously approved in a Certificate for Payment, and Owner may withhold any payments otherwise due Relocation Contractor under this Contract or any other agreement between Owner and Relocation Contractor, to the extent it is reasonably necessary, to protect Owner from any expense, cost or loss attributable to: (a) defective or deficient Work not properly remedied in accordance with the terms of the Contract Documents; (b) the filing or reasonable evidence indicating the probably filing of third party claims against Owner attributable to the fault or neglect of Relocation Contractor; (c) Relocation Contractor’s failure to make timely and proper payments to all Relocation Contractors Subcontractors and suppliers; (d) reasonable evidence that the remaining Work cannot be completed for the unpaid Contract Amount balance; (e) reasonable evidence indicating that the remaining Work cannot be completed within the remaining Contract Time; (f) Construction’s failure to satisfactorily prosecute the Work in accordance with the requirements of the Contract Documents; or (g) any other material breach of the requirements of the Contract Documents by Relocation Contractor. Owner shall have the right, but not the obligation, to take any corrective action Owner deems appropriate to cure any of the above noted items, at Relocation Contractor’s expense, if such items are not cured by Relocation Contractor to Owner’s reasonable satisfaction within three (3) days after Relocation Contractor’s receipt of written notice from Owner.

4. FINAL PAYMENT

4.1 Owner shall make final payment to Relocation Contractor on any particular Project within forty five (45) calendar days after the Work on that Project is finally accepted by Owner provided that Relocation Contractor first, and as an explicit condition precedent to the accrual of Relocation Contractor’s right to such final payment, shall have furnished Owner with a properly executed and notarized final release (conditioned only upon receipt of final payment) in the form of the Release and Affidavit attached to the Agreement as Exhibit F,.

4.2 Relocation Contractor’s acceptance of final payment on any particular Project shall constitute a full and final waiver of any and all claims by Relocation Contractor against Owner for such Project, whether arising out of this Contract or otherwise relating to the subject Project, except those identified in writing by Relocation Contractor as unsettled in the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner’s right to enforce any obligations of Relocation Contractor hereunder or to the recovery of damages for defective Work not discovered by Owner at the time of final inspection.

39ITB1410213 Initials_______


5. CONSTRUCTABILITY

Except to the extent otherwise expressly noted in the work authorization or purchase order, each time the parties mutually agree to a particular work authorization or purchase order, relocation contractor shall be deemed to have warranted to owner, without assuming any architectural or engineering responsibility, that the construction documents for the subject work under that work authorization or purchase order are consistent with each other, practical, feasible and constructable. Further, relocation contractor shall be deemed to have warranted to owner that the work described in those construction documents is constructable within the applicable contract time.

6. CONSTRUCTION SERVICES

6.1 Relocation Contractor shall provide job site administration functions during construction to assure proper documentation, including but not limited to the following:

6.1.1 Job Meetings : Conduct a preconstruction conference with each Relocation Contractors Subcontractors after award of the subcontract and prior to the start of its portion of the Work. Hold weekly progress and coordination meetings, or more frequently if required by Work progress, to provide for the timely completion of the Work. In addition, Relocation Contractor shall arrange and conduct regular monthly Project status meetings with Owner.

Relocation Contractor shall use the job site meetings as a tool for the preplanning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Relocation Contractor shall identify the party or parties responsible for following up on any problems, delay items or questions, and Relocation Contractor shall note the action to be taken by such party or parties. Relocation Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Relocation Contractor shall attempt to obtain from all present any problems or delaying event known to them for appropriate attention and resolution.

6.1.2 Shop Drawing Submittals/Approvals : Provide staff to review and approve shop drawings and other submittals and to implement procedures for transmittal to Owner of such submittals for action, and closely monitor their review process.

6.1.3 Material and Equipment Expediting : Provide staff to closely monitor material and equipment deliveries, check and follow-up on supplier commitments for all Relocation Contractors Subcontractors and maintain a material and equipment expediting log.

6.1.4 Payments to Relocation Contractors Subcontractors : Develop and implement a procedure for the review, processing and payment of applications by Relocation Contractors Subcontractors for progress and final payments.

6.1.5 Document Interpretation : Refer all questions for interpretation of the Contract Documents to Owner in writing.

6.1.6 Reports and Project Site Documents : Record the progress of the Work. Submit written progress reports to Owner, including information on Relocation Contractors’ Subcontractors Work, and the percentage of completion. Keep a daily log available to Owner and any permitting authority inspectors.

6.1.7 Relocation Contractors Subcontractors Progress : Prepare periodic punch lists for Relocation Contractors’ Subcontractors work including unsatisfactory or incomplete items and schedules for their completion.

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6.1.8 Substantial Completion : Ascertain when the Work or designated portions thereof are ready for Owner’s Substantial Completion inspections. From the punch lists of incomplete or unsatisfactory items prepared by Relocation Contractor and reviewed and supplemented by Owner, prepare a schedule for their completion indicating completion dates for Owner’s review. Relocation Contractor’s submission of a complete punch list is an absolute condition precedent to final payment. Owner has the right to add to or otherwise amend Relocation Contractor’s submitted punch-list.

6.1.9 Final Completion

6.1.9.1 Monitor the Relocation Contractors’ Subcontractors performance on the completion of the Work, including punch list work, and provide notice to Owner when the Work is ready for final inspection. Secure, review and certify compliance with the Contract Documents, then transmit to Owner all required guarantees, warranties, affidavits, releases, bonds, waivers, manuals, record drawings, and maintenance books (“Final Completion Documents”). Relocation Contractor’s submission of all Final Completion Documents is an absolute condition precedent to final payment. Relocation Contractor’s timely completion of all punch-list work is an absolute condition precedent to final payment.

6.1.9.2 When the entire Work (or any portion thereof designated in writing by Owner) as to any particular Work Authorization OR Purchase Order is ready for its intended use, Relocation Contractor shall notify Owner in writing such Work (or such designated portion) is substantially complete and shall include a proposed punch list of all items of Work to be completed or corrected by Relocation Contractor. Within a reasonable time thereafter, Owner and Relocation Contractor shall make an inspection of the subject Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, Owner shall notify Relocation Contractor in writing. In such case, Relocation Contractor shall pay the costs of all additional Substantial Completion inspections. If Owner considers the subject Work (or designated portion) substantially complete, Owner shall prepare and deliver to Relocation Contractor a final punch list of items to be completed or corrected by Relocation Contractor before final payment for such Work. Relocation Contractor acknowledges and agrees that the failure to include any corrective work or pending items not yet completed on the punch list does not alter the responsibility of Relocation Contractor to complete all the Work required under this Contract and does not waive Owner’s right to demand completion of the item pursuant to the Contract Documents prior to or after final payment. All final punch list work must be completed within the Contract Time or no later than thirty (30) days after receipt of the final punch list.

6.1.9.3 When Relocation Contractor believes it has fully performed all of the Work as to any particular Work Authorization or Purchase Order, including all punch list items, Relocation Contractor shall deliver to Owner a written affidavit from Relocation Contractor certifying that all such Work has been completed in accordance with the requirements of the Contract Documents. That written affidavit shall be delivered to Owner by Relocation Contractor at the same time it submits its final Application for Payment. By submitting its Final Application for Payment, Relocation Contractor certifies that, to the best of its knowledge, information and belief, and on the basis of its observations and inspections: (i) all of the Work has been completed in accordance with the requirements of the Contract Documents; (ii) the final balance due Relocation Contractor, as noted in the final Certificate for Payment, is due and payable; and (iii) all conditions precedent to Relocation Contractor’s entitlement to final payment have been satisfied. Neither the final payment nor the retainage shall become due and payable until Relocation Contractor submits: (1) the final Release and Affidavit in the form attached to the Agreement as Exhibit F, (2) consent of surety to final payment, and (3) if required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the

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Contract Documents, to the extent and in such form as may be designated by Owner. Submittal of these documents is an absolute condition precedent to final payment. Owner reserves the right to inspect the Work and make an independent determination as to the Work’s acceptability. Unless and until Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable.

7. CONTRACT TIME AND EXTENSIONS

7.1 Unless expressly noted otherwise in the applicable Work Authorization or Purchase Order, Relocation Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner’s suppliers and Relocation Contractors as set forth in Section 14 herein.

7.2 Should Relocation Contractor be obstructed or delayed in the prosecution of or completion of any Work as a result of unforeseeable causes beyond the control of Relocation Contractor, and not due to its fault or neglect, Relocation Contractor shall notify Owner in writing within seven (7) calendar days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Relocation Contractor may have had to request a time extension.

7.3 Owner shall have the right, at any time, whether or not Relocation Contractor is behind schedule, to order Relocation Contractor to accelerate its Work. In the event that Owner orders Relocation Contractor to accelerate its Work and Relocation Contractor (i) is not behind schedule and (ii) believes that acceleration will increase the cost of performance, Relocation Contractor, shall be required to submit a Claim for increase. Any such claim shall be based exclusively and solely on actual and direct increased field costs associated with the acceleration.

Unless otherwise noted in the applicable Work Authorization or Purchase Order, no interruption, interference, inefficiency, suspension or delay in the commencement or progress of any Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Relocation Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Relocation Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Relocation Contractor’s sole remedy, if any, against Owner will be the right to seek an extension to the applicable Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned “No Damage For Delay” provision. Notwithstanding the foregoing, but subject to any express contrary terms within the applicable Work Authorization or Purchase Order, if any Work on a particular Project is delayed due to the fault or neglect of Owner or anyone for whom Owner is liable, and such delays have a cumulative total of more than twenty-one (21) calendar days as to such Work, Relocation Contractor may make a claim for its actual and direct delay damages not to exceed $100.00 per calendar day accruing after said twenty-one (21) calendar days. In no event shall Owner be liable to Relocation Contractor whether in contract, warranty, tort (including negligence or strict liability) or otherwise for any acceleration, soft costs, lost profits, special, indirect, incidental, or consequential damages of any kind or nature whatsoever.

8. CHANGES IN THE WORK

8.1 Owner shall have the right at any time during the progress of the Work under any Work Authorization or Purchase Order to increase or decrease that Work. Promptly after being notified of a change, Relocation Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. No addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Relocation Contractor for any increased compensation or adjustment to the Contract Time without such written order.

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8.2 A Change Order, in the form attached as Exhibit H to the Agreement, shall be prepared by Relocation Contractor, reviewed by Owner, and executed promptly by the parties after an agreement is reached between Relocation Contractor and Owner concerning the requested changes.

If Owner and Relocation Contractor are unable to agree on a Change Order for the requested change, Relocation Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Construction Change Directive. In that event, the applicable Contract Amount and Contract Time shall be adjusted as directed by Owner. If Relocation Contractor disagrees with Owner’s adjustment determination, Relocation Contractor must make a claim pursuant to the provisions of this Agreement or else be deemed to have waived any claim it might otherwise have had on that matter.

9. CLAIMS AND DISPUTES

9.1 The term “Claim” as used herein shall mean any and all demands made by one party hereunder against the other party, whether such demand be for money, time or the assertion of any right or obligation that arises out of the Contract Documents.

9.2 Initial notice of Claims by Relocation Contractor shall be made in writing to Owner within seven (7) calendar days after the first day of the event giving rise to such Claim or else Relocation Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to Owner within thirty (30) calendar days after the occurrence of the event, unless Owner grants additional time in writing, or else Relocation Contractor shall be deemed to have waived the Claim.

9.3 Relocation Contractor shall proceed diligently with its performance as directed by Owner, regardless of any pending Claim, unless otherwise agreed to by Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim.

9.4 Prior to the initiation of any action or proceeding permitted by this Contract to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation between representatives with decision-making power. Failing resolution, and prior to the commencement of depositions in any litigation between the parties with respect to any particular Project, the parties shall attempt to resolve the dispute through mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may request a court of law to order mediation under Florida Statutes Section 44.102.

9.5 Any litigation between Owner and Relocation Contractor, whether arising out of any Claim or arising out of the Contract or any breach thereof, shall be brought, maintained and pursued only in the appropriate State courts of the State of Florida’s Ninth Judicial Circuit in and for Orange County, Florida. Owner and Relocation Contractor EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY REGARDING ANY LITIGATION.

10. INSURANCE.

10.1. Liability, Insurance, Licenses and Permits: The Bidder agrees to provide and maintain at all times during the term of this agreement and any renewals, without cost to OCPS, policies of insurance insuring the Bidder against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services, and/or obligations of the Bidder under the terms and provisions of this agreement. The Bidder will provide OCPS with copies of current appropriate business licenses.

10.2 The minimum requirements for insurance coverage shall be as follows:

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10.2.1 Bidder shall take special notice that OCPS shall be named as an additional insured under the General Liability policy including Products Liability. The insurance policies shall be issued by companies qualified to do business in the State of Florida and grant Orange County Public Schools thirty days of advanced written notice of a cancellation, expiration or any material change in the specified coverage. The insurance companies must be rated not less than “A” from A.M. Best & Company. All policies must remain in effect during the performance of the contract.

10.2.2 General Liability Insurance in amounts of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) per aggregate to include personal injury, property damage, premises operations, products and completed operations.

10.2.3 Automobile Liability Insurance shall be maintained during the life of this Contract, by Vendor as to ownership, maintenance, and use, including loading and unloading, of all owned, non-owned, leased or hired vehicles with limits of not less than One Million Dollars ($1,000,000.00) combined single limit each accident for bodily injury & property damage liability.

10.2.4 Employer’s Liability Insurance shall be in the amounts not less than Five Hundred Thousand Dollars ($500,000) each accident for bodily injury by accident, Five Hundred Thousand Dollars ($500,000) each employee for bodily injury by disease, and Five Hundred Thousand Dollars ($500,000) policy limit for bodily injury by disease.

10.2.5 Worker's Compensation Insurance: The Relocation Contractor shall maintain during the life of this Contract, Worker's Compensation Insurance in accordance with Florida Statute 440. Relocation Contractors shall require all Relocation Contractors Subcontractors to maintain such insurance during the life of this Contract.

11. Bid Bonds, Performance Bonds and Certificates of Insurance: Bid bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions.

11.1 During the term of this Contract, Relocation Contractor shall provide, pay for, and maintain, with companies satisfactory to Owner, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. Simultaneously with the execution and delivery of this Contract by Relocation Contractor, Relocation Contractor has delivered to Owner properly executed Certificates of Insurance (on the modified ACCORD form attached as Exhibit I to the Agreement) evidencing the fact that Relocation Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. These Certificates and policies shall contain provisions that thirty (30) calendar days written notice by registered or certified mail shall be given Owner of any cancellation, intent not to renew, or reduction in the policies’ coverages, except in the application of the Aggregate Limits Provisions. Relocation Contractor shall also notify Owner, in a like manner, within five (5) business days after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Relocation Contractor from its insurer, and nothing contained herein shall relieve Relocation Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy, Relocation Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.

11.2 All insurance policies required by this Contract shall include the following provisions and conditions by endorsement to the policies:

11.2.1 The term “The School Board of Orange County, Florida” shall include the Orange County School Board, a body corporate, the Orange County Public School System and all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and offices thereof and individual

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members and employees thereof in their official capacity, and/or while acting on behalf of the Orange County School Board.

11.2.2 All insurance policies, other than the Workers’ Compensation policy, provided by Relocation Contractor to meet the requirements of this Contract shall name The School Board of Orange County, Florida as an additional insured as to the operations of Relocation Contractor under the Contract Documents and shall contain a severability of interests provisions.

11.2.3 Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Relocation Contractor.

11.2.4 All insurance coverages of Relocation Contractor shall be primary to any insurance or self-insurance program carried by Owner applicable to this Contract, and the “Other Insurance” provisions of any policies obtained by Relocation Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Contract.

11.2.5 The Certificates of Insurance must identify this Contract and be on the form attached as Exhibit I to the Agreement.

11.2.6 All insurance policies shall be fully performable in Orange County, Florida, and shall be construed in accordance with the laws of the State of Florida.

11.2.7 All insurance policies to be provided by Relocation Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Orange County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Orange County, Florida.

11.2.8 The acceptance by Owner of any Certificate of Insurance pursuant to the terms of this Contract evidencing the insurance coverages and limits required hereunder does not constitute approval or agreement by Owner that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Contract.

11.2.9 Before starting and until completion of all Work required hereunder, Relocation Contractor shall procure and maintain insurance of the types and to the limits specified in Exhibit E, “Insurance Coverage.”. Relocation Contractor shall require each of its Relocation Contractors Subcontractors to procure and maintain, until the completion of that Relocation Contractor Subcontractors Work, insurance of the types and to the limits specified in Exhibit E, except to the extent such insurance requirements for the Relocation Contractor Subcontractors are expressly waived in writing by Owner.

11.3 If any insurance provided by Relocation Contractor pursuant to this Contract expires prior to the completion of the Work required hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies, shall be furnished to Owner thirty (30) calendar days prior to the date of expiration.

11.3.1Should at any time Relocation Contractor not maintain the insurance coverages required of it in this Contract, Owner may terminate the Contract and/or any Notices to Proceed issued pursuant to the Contract or at its sole discretion shall be authorized to purchase such coverages and charge Relocation Contractor for such coverages purchased. If Relocation Contractor fails to reimburse Owner for such costs within thirty (30) calendar days after demand, Owner has the right to offset

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those costs from any amount due Relocation Contractor under this Contract. Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company/companies used. The decision of Owner to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Contract.

12. WAIVER OF SUBROGATION

Owner and Relocation Contractor waive all rights of subrogation against each other, Design Professional, the Program Manager (if any), and the board members, directors, officers, agents, employees, sub consultants and Relocation Contractors Subcontractors of any of them, for damages or injuries caused by perils covered by any insurance maintained by a party hereunder, to the extent such damages or injuries are covered by such insurance, except no party hereto waives any rights they may have to the proceeds of such insurance held by another party. Relocation Contractor shall require similar waivers from all its Relocation Contractor Subcontractors.

13. INDEMNIFICATION

To the maximum extent permitted by Florida law, Relocation Contractor shall defend, indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, whether resulting from any claimed breach of this Agreement by Relocation Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Relocation Contractor or anyone employed or utilized by the Relocation Contractor in the performance of this Agreement.

14. TERMINATION FOR DEFAULT

Relocation Contractor shall be considered in material default of the Contract and such default shall be considered cause for Owner to terminate the Contract, in whole or in part, as further set forth in this Article, if Relocation Contractor breaches any provision of this Contract.

15. TERMINATION FOR CONVENIENCE

Owner shall have the right to terminate this Contract and/or any or all Notices to Proceed without cause upon seven (7) calendar days written notice to Relocation Contractor. Owner shall have the right to terminate this Contract for its convenience but require Relocation Contractor to complete any Work Authorization or Purchase Order issued prior to such termination.

16. WARRANTY

Relocation Contractor shall obtain and assign to Owner all express warranties given to Relocation Contractor by any Relocation Contractor Subcontractors or by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Relocation Contractor expressly warrants to Owner that all materials and equipment to be incorporated into the Work shall be new unless otherwise specified. Further, Relocation Contractor expressly warrants to Owner that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Relocation Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Further, any special warranty to be provided will be in such form as is acceptable to Owner and shall not include any exclusions, exceptions or modifications except to the extent approved by Owner in its sole discretion. In addition to all other rights and remedies available to Owner at law or in equity, including any implied warranties Owner may be entitled to as a matter of law, Relocation Contractor expressly warrants to Owner that it shall promptly correct, upon receipt of

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written notice from Owner, any portion of the Work which is found to be defective or otherwise not in conformance with the requirements of the Contract Documents. In the event that any defective or non-conforming work is deemed by Owner in its sole discretion to present an immediate threat to safety or security, Owner shall be entitled to correct and fix such defective or non-conforming portions of the Work, and Relocation Contractor shall reimburse Owner for all costs and expenses incurred by Owner in performing such Work. This obligation to correct defective or nonconforming Work shall run for a period of one year (or such longer period of time as may otherwise be specified in the Contract Documents) commencing from the date of final acceptance of the Work by Owner. With respect to the correction of any defective or nonconforming Work, Relocation Contractor shall be liable for all damage to any part of the Work itself and to any adjacent property which is caused by such corrective work. Relocation Contractor shall conduct, jointly with Owner and Design Professional, a warranty inspection at six (6) months and eleven (11) months after the date of final acceptance of the Work by Owner. Relocation Contractor’s warranty excludes remedy for damage or defect caused by Owner’s abuse, modifications not performed by Relocation Contractor, improper or insufficient maintenance by Owner (unless such maintenance was performed in accordance with the directions from Relocation Contractor), improper operation by Owner (unless such operations were performed in accordance with the directions from Relocation Contractor), or normal wear and tear under normal usage.

17. DEFECTIVE WORK

Work not conforming to the requirements of the Contract Documents shall be deemed defective Work. If required by Owner, Relocation Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the defective Work has been rejected by Owner, remove it from the site and replace it with non-defective Work. Relocation Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same.

18. SUPERVISION AND RELOCATION CONTRACTOR’S REPRESENTATIVE

18.1 Relocation Contractor is responsible for supervising, coordinating and performing the Work with such care and skill as would be provided by a Relocation Contractor with extensive and special expertise in the type of work required under the Contract Documents.

18.2 Relocation Contractor shall maintain sufficient off-site support staff, and competent full time staff, at each Project site, authorized to act on behalf of Relocation Contractor to coordinate, inspect and provide general direction of the Work and progress of the Relocation Contractors Subcontractors. Attached as Exhibit J to the Agreement is a list of the senior staff Relocation Contractor has dedicated exclusively to the overall management of this Contract. Relocation Contractor shall not change any of those persons identified in Exhibit J unless mutually agreed to in writing by Owner and Relocation Contractor. In such case, Owner shall have the right to approve the replacement personnel.

19. PROTECTION OF WORK

Relocation Contractor shall fully protect the Work and adjacent property from loss or damage and shall bear the cost of any such loss or damage until final payment for such Work has been made. If Relocation Contractor or anyone for whom Relocation Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner’s separate Relocation Contractors, Relocation Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Relocation Contractor.

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20. SAFETY

20.1 Relocation Contractor is responsible for the safety and protection of all persons and property on or about the Project site during the progress of the Work. Further, it is Relocation Contractor’s responsibility to protect from damage or loss all material and equipment to be incorporated into the Work which may be stored off the Project site. Relocation Contractor shall develop and implement, in accordance with the requirements of the Contract Documents, a safety plan for the Work.

20.2 Relocation Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of Owner and any public body having jurisdiction over the Work, including all of their safety codes, laws, ordinances, rules and regulations. Relocation Contractor shall notify owners of adjacent property and of any underground structures or improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Relocation Contractor’s duties and responsibilities for the safety and protection of the Work shall continue until such time as the subject Work is completed and final acceptance of same by Owner has occurred.

20.3 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Relocation Contractor, as well as those of all Relocation Contractors Subcontractors and those of any other person or entity for whom Relocation Contractor is legally liable (collectively referred to herein as “Employees”), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind.

21. AUDITING RIGHTS

Relocation Contractor shall keep all records and supporting documentation which concern or relate to any particular Work hereunder for a minimum of three (3) years from the date of termination of this Contract and any applicable Work Authorization or Purchase Order or the date the applicable Project is completed, whichever is later, or such longer period of time as may be required by law. Relocation Contractor shall require all of its Relocation Contractors Subcontractors to likewise retain all of their Project records and supporting documentation. Owner, and any duly authorized agents or representatives of Owner, shall be provided access to all such records and supporting documentation at any and all times during normal business hours upon request by Owner. Further, Owner, and any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all of Relocation Contractor’s and any Relocation Contractor’s Subcontractors Project records and documentation as often as they deem necessary and Relocation Contractor shall cooperate in any audit, inspection, or copying of the documents. These access, inspection, copying and auditing rights shall survive the termination of this Contract.

22. COMPLIANCE WITH LAWS

22.1 Relocation Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, administrative orders, regulations and requirements applicable to the subject Project, including but not limited to those dealing with safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Relocation Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner and Design Professional in writing.

22.2 According to the Florida Building Code, Chapter 4, Section 423, the Orange County Public Schools, Building Code Compliance Office is responsible to ensure that all plans and facilities comply with the Florida Building Code. The Building Code Compliance Office’s plans reviewers and inspectors shall perform all

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plan reviews and inspections to ensure compliance with the Florida Building Code. A copy of the Florida Building Code is located at the Building Code Compliance Office and is available for review upon request.

22.3 For federally funded Projects, Relocation Contractor must comply with all federal rules and regulations including but not limited to those defined in the Davis Bacon Wage Rate Act, the federal Education Department General Administrative Regulations (EDGAR), and those acts referred to by EDGAR, such as the Copeland Anti-Kickback Act (29 C.F.R. Part 3) and the Contract Work Hours and Safety Standards Act (28 C.F.R. Part 5).

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EXHIBIT B WORK AUTHORIZATION FORM

This Work Authorization, dated , 20 , is hereby issued pursuant to that certain

(type of document) for services, dated _______________, 20__, between The School Board of

Orange County, Florida (“Owner”) and (“Relocation

Contractor”).

All terms used herein shall have the same meaning as defined in the ITB1410213, Relocation Services,

unless otherwise noted herein. In consideration of the mutual covenants and agreements set forth below, Owner

and Relocation Contractor. Relocation Contractor agrees as follows:

ARTICLE 1

SCOPE OF SERVICES

Owner hereby authorizes Relocation Contractor to provide the following services for the following Project:

ARTICLE 2

SCHEDULE

The services under this Work Authorization shall commence by , and shall be

completed by . A detailed Services schedule is attached.

ARTICLE 3

COMPENSATION

The compensation for the services under this Work Authorization shall be as follows:

ARTICLE 4

MISCELLANEOUS

Except as expressly modified herein, the terms and conditions of the ITB1410213 Relocation Services remain unchanged. In the event of a conflict between the terms of this Work Authorization and those of the ITB1410213 Relocation Services, OCPS and Relocation Contractor agree that the terms of this Work Authorization shall prevail and control.

Orange County Public School’s Representative’s Signature & Title Date

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EXHIBIT CPAYMENT BOND FORM

BOND NO.____________

KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at _____________________________________ (Business Address) are held and firmly bound to ___________________________, as Obligee in the sum of ($___________________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.

WHEREAS, Principal has entered into a contract dated as of the ____ day of ___________, 20__, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract.

THE CONDITION OF THIS BOND is that if Principal:

1. Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, services, materials or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract, then this bond is void; otherwise it remains in full force.

Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety’s obligation under this Bond.

The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants.

IN WITNESS WHEREOF, the above parties have executed this instrument this ____ day of _____________, 20__, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.Signed, sealed and delivered PRINCIPAL:in the presence of:

By: Witnesses as to Principal Name:

Its:

STATE OF COUNTY OF

The foregoing instrument was acknowledged before me this ___ day of _______________________, 20__, by ___________________________________, as _______________________________ of _____________________________________, a ____________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced _______________________ as identification.My Commission Expires:

Notary Public (Signature)(AFFIX NOTARY SEAL)

(Printed Name)

(Title or Rank)

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(Serial Number, if any)

ATTEST: SURETY:

(Printed Name)

(Business Address)

Witnesses as to Surety (Authorized Signature)

(Printed Name)

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EXHIBIT DPERFORMANCE BOND FORM

BOND NO.________________

KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to _______________________________, as Obligee in the sum of ____________________________________________ ($__________________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.

WHEREAS, Principal has entered into a contract dated as of the _______ day of , 20___, with Obligee for .in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the Contract at the times and in the manner prescribed in the Contract; and

2. Pays Obligee any and all losses, damages, expenses, costs and attorneys’ fees, including appellate proceedings, that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and

3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract,

then this bond is void; otherwise it remains in full force.

Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety’s obligation under this Bond.

The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other Work to be performed hereunder, or the specifications referred to therein shall in anyway affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to Work or to the specifications.

This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.

In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee.

IN WITNESS WHEREOF, the above parties have executed this instrument this ____ day of _______________, 20___, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.Signed, sealed and deliveredin the presence of:

PRINCIPAL:

By: Witnesses as to Principal

Name: Its:

STATE OF 53



COUNTY OF

The foregoing instrument was acknowledged before me this ___ day of ______________, 20__, by _____________________________, as ______________________ of _____________________________________, a ____________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced _______________________ as identification.

My Commission Expires: Notary Public (Signature)

(AFFIX NOTARY SEAL) (Printed Name)

(Title or Rank)


ATTEST: SURETY:

(Printed Name)

(Business Address)

(Authorized Signature)Witnesses as to Surety

(Printed Name)

OR

As Attorney in Fact

(Attach Power of Attorney)Witnesses

(Business Address)

(Printed Name) (Telephone Number)

STATE OF COUNTY OF

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The foregoing instrument was acknowledged before me this ___ day of _____________, 20__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced __________________________ as identification.My Commission Expires:

Notary Public (Signature)(AFFIX NOTARY SEAL)

(Printed Name)

(Title or Rank)


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EXHIBIT EINSURANCE REQUIREMENTS

The amounts and types of insurance shall conform to the minimum requirements listed below with the use of Insurance Services Office (ISO) forms and endorsements or broader where applicable. If Relocation Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Relocation Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Relocation Contractor’s sole responsibility.

I. Workers’ Compensation and Employer’s Liability Insurance shall be maintained by Relocation Contractor during the term of this Contract for all employees engaged in the Work under this Contract, in accordance with the laws of the State of Florida. The amount of such insurance shall not be less than:

Workers’ Compensation - Florida Statutory Requirements

Employer’s Liability –

Bodily Injury by Accident $500,000.00 each accident

Bodily Injury by Disease $500,000.00 each employee

Bodily Injury by Disease $500,000.00 policy limit

The insurance company shall waive its Rights of Subrogation against Owner.II. Commercial or Comprehensive General Liability Insurance, written on an “occurrence” basis, shall be maintained by Relocation Contractor. Coverage, as provided by 1986 (or later) ISO commercial general liability form, shall include, but not be limited to, Bodily Injury, Contractual for this Agreement, Independent Relocation Contractors, Broad Form Property Damage, Personal Injury and Fire Legal Liability Coverages. ISO Endorsement CG 22 80 (Limited Exclusion – Relocation Contractor’s – Professional Liability) also must be provided. Completed Operations coverage must be maintained by Relocation Contractor for not less than five (5) years following completion and acceptance by Owner of the Work performed by Relocation Contractor at each Project site assigned to it. Limits of coverage shall not be less than the following for Bodily Injury, including Death, Property Damage and Personal Injury Combined Single Limits:General Aggregate $2,000,000.00Products - Completed Operations Aggregate $2,000,000.00Personal and Advertising Injury $1,000,000.00Each Occurrence $1,000,000.00Fire Damage (Any One Fire) $ 50,000.00Medical Expenses per person $ 5,000.00Contract Specific Project Aggregate Limits $ same as above

The aggregate limits shall be separately applicable to this Contract through the use of an endorsement approved by Owner. Applicable deductibles or self-insured retention, not to exceed $25,000.00, shall be the sole responsibility of Relocation Contractor.III. Automobile Liability Insurance shall be maintained by Relocation Contractor as to ownership, maintenance, and use, including loading and unloading, of all owned, non-owned, leased or hired vehicles with limits of not less than:$1,000,000.00 Combined Single Limit each accident forBodily Injury, including Death & Property Damage Liability

IV. Umbrella Liability Insurance or Excess Liability Insurance shall not be less than $1,000,000.00 each occurrence and $2,000,000.00 aggregate. Coverage shall be excess of the Employers’ Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a

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“following form” basis. Coverage shall drop down as primary on the exhaustion of any aggregate limit. The aggregate limits shall apply separately to this Contract, and the specific contract aggregate limits shall be evidenced by the use of an endorsement approved by Owner.

V. Valuable Papers. Relocation Contractor shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Contract.

VI. OCIP Option. Notwithstanding anything herein to the contrary, Owner reserves the right, at its sole election, to require any and all Projects to be performed under Owner Controlled Insurance Program ("OCIP"). In the event Owner elects to bring any particular Project within OCIP, such election shall be noted in the applicable Work Authorization or Purchase Order for that Project. Relocation Contractor shall assist Owner in implementing OCIP for all such designated Projects, such assistance to include assisting Owner in calculating and recovering the appropriate credits to be received by Owner from Relocation Contractor and Relocation Contractor's Subcontractor Relocation Contractors and suppliers. Upon request of Owner, Relocation Contractor shall supply such payroll records and other information as may be necessary to calculate such credits.

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EXHIBIT FRELEASE AND AFFIDAVIT FORM

STATE OF FLORIDA )COUNTY OF )

Before me, the undersigned authority, personally appeared __________________________________, who after being duly sworn, deposes and says:

(1) In accordance with the Contract Documents and in consideration of $____________________ paid, _______________________ (“Relocation Contractor”) releases and waives for itself and its Relocation Contractor Subcontractors, materialmen, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against The School Board of Orange County, Florida, a body corporate existing under the laws of the State of Florida (“Owner”) relating in any way to the performance of the Work identified under Work Authorization or Purchase Order(s) _____________, issued pursuant to that certain Term Construction Contract between Relocation Contractor and Owner, dated _______________, 20__, for the period from ________________ to __________________.

(2) Relocation Contractor certifies for itself and its Relocation Contractor Subcontractors, materialmen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.

(3) To the maximum extent permitted by Florida law, Relocation Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against Owner arising out of the performance by Relocation Contractor of the Work covered by this Release and Affidavit.

(4) Relocation Contractor certifies that it has paid all its Relocation Contractor Subcontractors and materialmen in full all amounts owed them from any previous payments received by Relocation Contractor from Owner and has not withheld any such amounts. In the event Relocation Contractor withholds any unpaid amounts due to its Relocation Contractor Subcontractors and/or materialmen from the payment it receives from Owner with respect to the Application for Payment referenced in paragraph 5 below, Relocation Contractor agrees to immediately refund all such unpaid amounts to Owner.

(5) This Release and Affidavit is given in connection with Relocation Contractor’s [monthly/final] Application for Payment No._____.

Relocation Contractor:

By: Its:__________________ President

Date: Witnesses

[Corporate Seal]

STATE OF

COUNTY OF

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The foregoing instrument was acknowledged before me this ____ day of ___________, 20__, by ____________________________, as __________________ of _________________, a _______________________ corporation, on behalf of the corporation. He/She is personally known to me or has produced a (state) driver’s license no. as identification.

My Commission Expires: Notary Public (Signature)

(AFFIX NOTARY SEAL) (Printed Name)

(Title or Rank)


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EXHIBIT GAPPLICATION FOR PAYMENT FORM

[INSERT FORM OF PAYMENT APPLICATION, MWBE STATUS REPORT AND SCHEDULE OF VALUES]

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EXHIBIT HCHANGE ORDER FORM

CHANGE ORDER NO.____________ CONTRACT NO. _____________

TO:

DATE:

PROJECT NAME:

PROJECT NO.:

WORK AUTHORIZATION:

Under our AGREEMENT dated _____________________, 20___.

You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement:

Description of change(s):___________________________________________________For the (Additive) (Deductive) Sum of:

($__________________).

Original Agreement Amount $_______________

Sum of Previous Changes $_______________

This Change Order (Add) (Deduct) $_______________

Present Agreement Amount $_______________

The time for completion shall be (increased/decreased) by _______ calendar days due to this Change Order. Accordingly, the Contract Time is now ____________ (_____) calendar days and the Substantial Completion date is ______________. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs.Accepted: ____________________, 20____

RELOCATION CONTRACTOR: OWNER:

OCPS of Orange County, Florida

By: By:

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DESIGN PROFESSIONAL:

By:

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EXHIBIT ICERTIFICATE OF INSURANCE FORM

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EXHIBIT JRELOCATION CONTRACTOR’S STAFFING SCHEDULE

Name Title/Position Salary

Exhibit K has been intentionally omitted from this Agreement.

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EXHIBIT LTRUTH-IN-NEGOTIATION CERTIFICATE

«Company» (“Relocation Contractor”) hereby certifies that wage rates and other factual unit costs supporting the compensation for the construction services of Relocation Contractor to be provided under the Agreement to which this Exhibit is attached, concerning the various Projects and Work which may be authorized pursuant to the terms of the Agreement, are accurate, complete and current as of the time of contracting.

RELOCATION CONTRACTOR:

«COMPANY»

By:

Print Name: «Signatory»

Title: «Sigtitle»

Date:

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EXHIBIT MPRICING PARAMETERS

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EXHIBIT NPRICE PROPOSAL

RELOCATION CONTRACTOR’s PRICE PROPOSAL FOR WORKPRICE PROPOSAL

Relocation Contractor:

Address, Phone, Fax:

Project Name/Address:

Orange County Public Schools Designated Project Manager:

Project Design Professional:

Project Program Manager:

RFQ# Contract# And Date:

SCOPE OF SERVICESThis Price Proposal is submitted by Relocation Contractor pursuant to the terms of the certain Term Construction Contract (“Agreement”), dated _____________, and numbered ITB1410213, by and between Orange County Public Schools (“Owner”) and Relocation Contractor unless otherwise expressly noted herein. The Scope of Work Relocation Contractor shall provide for the above referenced Project, if this Price Proposal is accepted by Owner, shall consist of the following Work, as said Work is further described in the Agreement:

1. _______________ Yes No2. _______________ Yes No3. Other Services* Yes NoDescription of “Other Services”:

SCHEDULE

Work Construction Commencement

Date

Substantial Completion Date

Duration

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COMPENSATIONCompensation shall be paid in increments in proportion to the Work completed and in accordance with the Agreement.

OCPS reserves the right to request documentation by original invoicing on the Relocation Contractors letterhead. Any exceptions to this will need prior approval by the OCPS Project Manager.

MISCELLANEOUSIf this Price Proposal is accepted by Owner as evidenced by Owner issuing a Work Authorization or Purchase Order, all terms and conditions of the Agreement shall remain in full force and effect with respect to the Work identified herein, except to the extent they are waived or modified by an express provision of this Price Proposal or the applicable Work Authorization or Purchase Order.

I hereby certify that the price stated herein includes all labor, supervision, overhead, profit, travel costs, per diem, lodging, materials, supplies, and all other items directly or indirectly related to the Work identified in this Price Proposal.

A. RELOCATION CONTRACTOR:

Signature_________________________ Printed Name: ____________________

Title: ________________________ Date_____________________________

Please return this form within _______ days to _________, OCPS Project Manager, OCPS, Fax #407.317.____________________________________________________________________________________________________________________________________________

FOR OCPS USE ONLY

Project Manager Approval

Signature & Date _________________________________________

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