FLORIDA DEPARTMENT OF TRANSPORTATION received from Prospective Bidders and FDOT Answers ITB Title:...

FLORIDA DEPARTMENT OF TRANSPORTATION

ADDENDUM NO. 2 January 26, 2016 RE: ITB#: ITB-DOT-15/16-9007-JP RFP TITLE: Fiber Runs at Weigh Stations OPENING DATE: February 2, 2016 at 3:00 p.m., Local Time

Notice is hereby given of the following Changes, Questions received from Prospective Bidders and FDOT Answers. IP Information and the Plans Request Checklist attached to this Addendum. Change to Paragraph 14 of Special Conditions

14) CONTRACT DOCUMENT PURCHASE ORDER

The MyFloridaMarketPlace “Purchase Order Terms and Conditions” and the Department’s “Purchase Order Terms & Conditions” are attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of each Purchase Order issued for this solicitation. In submitting a bid, the bidder agrees to be legally bound by these terms and conditions.

Change to Paragraph 30 of Special Conditions

30) AWARD OF THE CONTRACT Services will be authorized to begin when the Vendor receives a Purchase Order issued by the Department, a written Notice to Proceed, issued by the Project Manager.

Delete: Bid Sheets, Scope of Services and Standard Written Agreement in its entirety attached to the original Bid Document Add: The Bid Sheets, Scope of Services and Purchase Order Terms and Conditions attached to this Addendum. NOTE: Plans for all locations are available upon request.

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Bidder must acknowledge receipt of this Addendum by completing and returning to the Procurement Office, by no later than the time and date of the bid/proposal opening. Failure to do so may subject the bidder to disqualification. Joyce Plummer

Procurement Agent _____________________________________Proposer _____________________________________Address

_____________________________________

_____________________________________Submitted by (Signature) 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 required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

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Questions received from Prospective Bidders and FDOT Answers ITB Title: Fiber Runs at Weigh Station ITB Number: ITB-DOT-15/16-9007-JP SECTION 1 OF QUESTIONS RECEIVED:

Questions: 1. Given the scope of work defined on 0 under Exhibit A, Scope of Services as: “The

intent of this project is to provide the Department with a communications circuit and site specific infrastructure to replace existing circuits such as wireless cell modems for enhanced security….”

• Is the contractor “Furnish &Install” requirement limited to “physical pathways, fiber/copper network cabling”? FDOT Response: YES

• And does it include ANY new electronics?

FDOT Response: ARE REQUIRED TO INSTALL NEW GBICS BUT STATE IS FURNISHING.

2. Given the scope of work defined on Page 31 under Exhibit A, Scope of Services as: “The contractor is responsible for configuring connected equipment at the individual sites to communicate with the predefined IP addressing and site specific configuration settings needed to effectively communicate with the remote endpoint as identified in the Department provided documents.….”

• Is the Contractor required to PROVIDE any NEW Electronics? FDOT Response: NO, GBIC CONVERTER WILL BE SUPPLIED BY FDOT

• Is the Contractor to simply “RECONNECT EXISTING Electronics” after any

Fiber Optic Circuits are added? FDOT Response: YES, VIA MINI-GBIC FOR SINGLE MODE AND MULTI MODE.

• Is FDOT to provide ANY Electronics to Contractor to install, configure, activate & test (over and above the fiber optic cabling circuit)? FDOT Response: CONTRACTOR WILL INSTALL GIBICS PROVIDED BY FDOT AND CONTRACTOR WILL PROVE INTEGRITY.

3. Inside each site, Bidder is to land and activate a fiber optic circuit -

• Are the NETWORK TRANSMISSION electronics (“connected equipment”) required to do so…”Existing” and to be reused at each site currently? FDOT Response: YES

• If So, is there an as built or network topology diagram available for each site? FDOT Response: Plans have not been provided with the exception of Wildwood but on-site field review with locates will suffice according to all contractors on-site.

• Assuming they are not existing as we change from Cellular or Leased to DOT Optical, Who is to provide these electronics? If the FDOT to provide these components, the specification calls for them

to be “predefined”….does this mean “preconfigured for IP, LAN, Software

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or other settings and all Bidder is to do is place them, turn on, test locally for connectivity to remote location via network PING? FDOT Response: YES CONTRACTOR WILL BE REQUIRED TO TEST FOR CONNECTIVITY.

If Bidder to provide, can FDOT please provide greater detail of desired network electronics including “other end of Circuit locations” for optical verification capability? FDOT Response: GBICS CONVERTER TO BE SUPPLIED BY FDOT NO OTHER ELECTRONICS NECESSARY.

• Specification calls for Bidder to warranty the circuit, yet if Bidder is not providing the electronics, please confirm Bidder is only to warrant the Fiber Optic “physical layer connectivity”, not any physical, predefined, configured electronics provided by the FDOT? FDOT Response: CONFIRMED CONTINUITY AND CONNECTIVITY, AND CIRICUIT IDENTIFICATION IS ALL BIDDER WILL BE WARRANTYING.

4. Are there to be NEW Workstations, Servers, Switches, Routers or Firewalls being placed

BY the Contractor that need new cabling? FDOT Response: OTHER THAN 48 PORT PACTCH PANEL DEFINED IN ITB THERE ARE NO OTHER DEVICES TO BE PLACED BY CONTRACTOR

• Is the scope for "Relocate, Test and Label Workstation Cabling" limited to relocating Existing User Workstations which may require adding or relocating Ethernet network cabling along with re-dressing and re-labeling any such cabling? FDOT Response: ON SITE MANDATORY VISITS WERE DONE JUST

FOR CONTRACTOR TO DETERMINE THESE RELOCATIONS.

5. Given from specification: “The contractor is responsible for configuring connected equipment at the individual sites to communicate with the predefined IP addressing and site specific configuration settings needed to effectively communicate with the remote endpoint as identified in the Department provided documents.

• Can the FDOT provide the overall Weigh Station network topology so Bidder knows where the “remote endpoints for each sites are? FDOT Response: EACH VENDOR IS KNOWLEDGABLE OF END POINTS BY MANDATORY SITE VISITS. ;AWARDED VENDOR WILL GET STATIC IP ADDRESSES FOR EACH LOCATION. NO TOPOLOGY EXIST FOR EACH SITE THAT IS WHY IT IS IN BID SPECIFICATIONS FOR CONTRACTOR TO PROVIDE AFTER COMPETION OF EACH SITE.

6. Assuming Bidders are only responsible for physical installation and configuration testing of the predefined, connected equipment provided by FDOT…

• What exactly is the contractor responsible for if a problem occurs with your EXISTING Fiber Optic infrastructure or FDOT provided devices during burn-in?

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FDOT Response: IMMEDIATE REPAIR

• Will contractor be responsible for repair/remediation? FDOT Response: YES, IF DETERMINED CONTRACTOR IS AT FAULT. And if so then will the contractor be compensated at an hourly rate for any

repair not associated with a failed Fiber Optic component FURNISHED by Bidder under this project? (especially if it is determined that we have to bid our labor rates as lump sum) FDOT Response: YES, IF IT IS DETERMINED REPAIR WAS NOT DUE TO FAULT OF CONTRACTOR.

7. The description for sites is given as Weigh & Comfort Stations with requirement to place

fiber optic cable from Scale Buildings to Comfort Stations. • What network devices are CURRENLTY in a Comfort Station?

FDOT Response: ONE LANDLINE AND TWO LOCATIONS HAVE AN ADDITIONAL PAY PHONE. NO OTHER DEVICES.

• What new devices, if any, are to be added or required for Comfort Station? FDOT Response: NONE

8. Spec calls for 12x12 inch pull boxes; however, to maintain minimum bend radii for fiber

and meet other FDOT minimum project specifications, of at LEAST 18x24x18depth Pull Box with traffic rated lid and a concrete collar are required? FDOT Response: PULL BOX SIZE WILL BE REVISED IN ADDENDUM TO ITB.

Will the FDOT put out an Addendum to revise this minimum requirement? FDOT Response: YES

9. Specification calls for contractor to provide “list of all existing and anticipated IP devices,

by location.” • Can the FDOT provide a current network “as built” topology diagram or list of

“existing computer / IP devices” for a “standard or each weigh station”? FDOT Response: AGAIN TOPOLGY AS BUILT DOES NOT EXIST AND ALL INDIVIUAL STATIC IP’S WILL BE PROVIDED TO AWARDEE.

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10. Page 2-10 did the Department intend for the hourly labor line item on every sub grouping for every location to have NO hours assigned? INCORRECT

• Should this item be a quantity of 1 lump sum unit price for each Location/Price segment, allowing for uniform evaluation of Bidder Scope requirement, work effort (# of hours) and work price (unit price & related extension)? FDOT Response: HOURS ARE TO BE QUANTIFIED BY EACH VENDOR ALONG WITH RATE AND TOTAL FOR EACH LOCATION, WHY SITE VISITS WERE MANDATORY. If determined to be a lump sum, will you change the bid form? N/A SEE

ABOVE. • If NOT to be Lump Sum item, are Bidders to propose this as a Quantity of “1 hour”

at a “bid hourly rate”? FDOT Response: QUANTITY SHOULD REFLECT TOTAL HOURS AND HOURLY RATE

11. If so, how is the FDOT to evaluate Bidders pricing based on ranges in

hours a given Proposer may take? FDOT Response: THAT WOULD APPLY AND BE REFLECTED IN TOTAL PRICE.

If so, how is FDOT to evaluate efficiency of some Contractors over others? FDOT Response: WILL BE REFLECTED IN PRICE FOR THIS EFFORT

• If NOT to be Lump Sum item, or are Bidders to propose OUR Estimated hours PER Site, PER Activity Group…and …our Hourly Rate? FDOT Response: CORRECT

12. Are Bidders to assume they going to get paid for every hour worked

(which is the way this unit price bid reads) FDOT Response: TOTAL ACTUAL HOURS UP TO BIDDERS ESTIMATE.

13. Is it the FDOT intention to have ALL Bidders go to a “common Site Visit” or are we

EACH to arrange site visits independently? FDOT Response: EXPLAINED IN BOTH CONTRACT AND PRE BID REQUIRED TO VISIT EACH SITE, THE ONLY WAY BIDDERS COULD DETERMINE TOTAL EFFORT NECESSARY.

• If so, can we arrange visits for Panhandle sites tomorrow?

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FDOT Response: PANHANDLE WAS VISITED THE FIRST DAY BY ALL CONTRACTORS LEGAL TO PARTICIPATE DUE TO MANDATORY REQUIREMENTS.

SECTION 2 OF QUESTIONS RECEIVED:

1. Please confirm that existing conduits between each Administration Building and Barn are available for use to install the new fiber optic cable. FDOT Response: Confirmed with the exception of Punta Gorda which will require directional bore to gain access. 2. Please confirm that existing conduits between the Administration Buildings on opposite sides of the Interstate are available for use to install the new fiber optic cable. FDOT Response: All with exception of Punta Gorda. 3. Please confirm that all existing Category 5E Cables are to be re-terminated on the new Patch Panel, and that any cables that do not reach will be addressed separate of this contract. FDOT Response: All cables are to be reterminated on new patch panel and those that do not reach should have been assessed during mandatory site visit and bid accordingly. 4. Some Electrical Rooms have less than adequate space for a new 4’x4’ backboard. Will it be the Contractors responsibility to make room for the new backboards? FDOT Response: No, contractor may not have room and will be required to mount whatever wall space for a new board will allow. 5. All of the Electrical Rooms have an existing Uninterruptable Power Supply for the network hardware. Are we allowed to wall mount the UPS, or will a rack-mount shelf need to be included in the bill of materials? FDOT Response: Rack mount shelf. 6. On the BID SHEET, the pull box is described as “12 x 12 inch pull box with traffic rated lid”; should we specify a larger pull box in order to adhere to a bend radius of 10x/20x the diameter of the fiber? FDOT Response: Pull box should meet be specified that meets bending radius of fiber. 7. What are the networking hardware requirements of this project? a. New Singlemode/Multimode Media Converters to existing FDOT Network Switch? FDOT Response: This would be handled by GBICs which FDOT is supplying to awardee. b. New Rack Mount Network Switch at each location? FDOT Response: Existing switch will be rack mounted. c. New Rack Mount Fiber Interconnect at each location? FDOT Response: YES

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d. Is there a specified hardware manufacturer? FDOT Response: Manufacturer should be on FDOT APL list. e. Other? 8. What are the networking service requirements of this project? FDOT Response: Terminating fiber in patch panels to switches to patch panels to end user phone/work station. a. Network Configuration? FDOT Response: YES, will definitely be required to give FDOT/MCSAW a topology at each weigh station b. Network Management? FDOT Response: No, other than making sure the network is available once hardware and clean up is complete. c. Network Monitoring? FDOT Response: Other than physical monitoring on site when cut over from wireless to fiber no all remote monitoring performed by FDOT internally. d. Other? 9. Will the contractor be required to Start & Finish a single location at a time, or can we complete individual segments of each location in succession? FDOT Response: By segments, I am envisioning pulling/boring crew doing physical placement and then moving to other location. This would be allowed but once cleanup workstation is begun this will be required to be complete before moving to next location. 10.Will the contractor be allowed to machine trench in lieu of directional boring, if the situation allows for safe operation of the trenching equipment? FDOT Response: If PM is in agreement that situation is safe and only within the station footprint.

SECTION 3 OF QUESTIONS RECEIVED:

- Who is “others” that will provide any required permits? Are we to assume that we do not need to include permits in our bid?

- Same question applies to Punta Gorda. FDOT Response: Contractor not responsible for permitting.

36) LIQUIDATED DAMAGES Page 28 The Vendor acknowledges that failure to complete the services by the completion date designated on the contract document may cause the Department to incur damages that, at present are, and upon the occurrence of the failure to timely complete the services may be, difficult to determine. Moreover, the Parties wish to avoid lengthy and expensive litigation relating to failure to complete the services on time. Therefore, in the event the Vendor fails to complete the authorized services by the completion date designated on the contract document, the Department shall exercise the remedy of liquidated damages against the Vendor, in the amount of $100.00 per day for each calendar day after the designated completion date that the Vendor fails to complete the services. The Parties agree that if the Department allows the Vendor to continue and finish the services, or any part of it, after the expiration of the time allowed, that the Department’s action shall in no way act as a waiver on the part of the Department of the liquidated damages due under this contract. The Vendor shall pay said sum to the Department not as a penalty, but as liquidated damages.

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- Page 36 of the “Standard Written Agreement” states that services will be complete by January 11, 2016 2,2017. Has a start date been stated in the RFP? FDOT Response: Completion date to be moved up to 6/30/16 in anticipation of legislation passage requiring permit issuing through Kiosk.

EXHIBIT “A” Scope of Services Page 30 Contractor/Vendor Responsibilities The contractor is responsible for providing a fully functioning tested and approved network at each site listed in this project. Page 31 The contractor is responsible for configuring connected equipment at the individual sites to communicate with the predefined IP addressing and site specific configuration settings needed to effectively communicate with the remote endpoint as identified in the Department provided documents. Testing: Page 31 All fiber optic cable shall be tested in accordance with the applicable Department’s Standard Specification (Sec. 630, etc.). Fiber optic testing shall be documented and should include individual OTDR shot results (printed or electronic) files for each strand and direction, an electronic loss table, etc. Single mode cable should be tested at 1310nm and 1550nm. Multimode cable should be tested as per the manufactures specifications. Facility testing should include verifying individual device IP address assignments, firewall and switch configurations, network traffic confirmation (identification of any unknown IP nodes etc.). Antivirus and other software configuration should be confirmed and documented. Deliverables: Page 32 The contractor shall provide the following documents prior to final acceptance:

• IP node address matrix • Site network topology • Password master list • Device warranty matrix including manufacture email, mail and telephone number, warranty period, etc. • Hardware/device matrix with manufacture, serial number, ancillary devices (i.e. keyboard, mouse, etc.) • Proof of technician current BICSI certification

A master project file should be provided for auditing purposes. NOTE - Site specific project network documents should include a detail sheet depicting the fiber optic topology, a detail sheet(s) depicting the fiber optic splicing diagrams and connectivity, a consolidated IP table listing assigned device IP addresses. These documents should be considered exempt from public information requests under F.S. 119

- Is the network gear part of this RFP? FDOT Response: NO.

- Who will perform the network configurations? FDOT Response: Network configurations will be handled internally by State

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IP Information: Flagler (NB is the demark, SB receives its network via wireless communications) 12 Static IPs available NB 0 Static IPs available SB 41 Dynamic IPs available to share between the two scales NB - 23 Static IPs in use SB - 31 Static IPs in use Madison (EB is the demark, WB receives its network via wireless communications) 11 Static IPs available EB 14 Static IPs available WB 53 Dynamic IPs available to share between the two scales EB - 23 Static IPs in use WB - 21 Static IPs in use Punta Gorda (NB is the demark, SB receives its network via wireless communications) 12 Static IPs available NB 12 Static IPs available SB 45 Dynamic IPs available to share between the two scales NB - 22 Static IPs in use SB - 18 Static IPs in use Sneads (WB is the demark, EB receives its network via wireless communications) 12 Static IPs available EB 4 Static IPs available WB 43 Dynamic IPs available to share between the two scales EB - 30 Static IPs in use WB - 23 Static IPs in use White Springs (NB is the demark, SB receives its network via wireless communications) 12 Static IPs available EB 5 Static IPs available WB 49 Dynamic IPs available to share between the two scales NB - 20 Static IPs in use SB - 26 Static IPs in use Wildwood (SB is the demark, fiber feeds NBs network) 14 Static IPs available NB 13 Static IPs available SB 57 Dynamic IPs available to share between the two scales NB - 22 Static IPs in use SB - 18 Static IPs in use Yulee (NB is the demark, SB receives its network via wireless communications) 7 Static IPs available NB 10 Static IPs available SB 78 Dynamic IPs available to share between the two scales NB - 27 Static IPs in use SB - 30 Static IPs in use

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1/26/2016 BID SHEET – 1 OF 10

BID NUMBER: ITB-DOT-15/16-9007-JP BID TITLE: FIBER RUNS AT WEIGH STATIONS

Services to be provided as specified in attached Exhibit “A”, Scope of Services.

Hourly labor rate to be estimated for each installation. Only corning fiber that meets FDOT ITS standards to be utilized.

FLAGLER

Single-Mode Fiber between Scale Buildings Note: Permits, if required, by others.

Directional bore line item to be paid only if existing abandoned cannot be utilized. Item Description Quantity Unit of

Measure Unit Price

Extended Price

1 12 strand OS2 optical fiber (9/125) outside plant

1450 LF $ $

2 ST fiber connector 24 EA $ $ 3 Buffer tube fan-out kit 2 EA $ $ 4 Wall mount fiber optic patch enclosure 2

slot / 1 door 2 EA $ $

5 Single-mode ST coupler panel 2 EA $ $ 6 3 meter single-mode ST to LC Fiber

Jumper 2 EA $ $

7 Pull Box: Vendor should follow manufacturer’s bending radius for the fiber.

3 EA $ $

8 2 inch directional boring with conduit 1450 LF $ $ 9 Hourly Labor HR $ $

Subtotal $

FLAGLER

Multi-Mode Fiber from Scale Building to Comfort Stations Note: Permits, if required, by others.

Item Description Quantity Unit of Measure

Unit Price

Extended Price

1 6 strand multi-mode 62.5/125 um optical fiber (2 runs)

3070 LF $ $

2 ST multi-mode optical fiber connector 2 EA $ $ 3 Wall mount fiber optic patch enclosure 4 EA $ $ 4 ST multi-mode optical fiber coupler panel 4 EA $ $ 5 Hourly Labor HR $ $

Subtotal $

1/26/2016 BID SHEET – 2 OF 10

FLAGLER Direction Boring from Scale Buildings to Comfort Stations

Note: Directional boring only necessary if existing conduit pathway does not belong to FLDOT. If existing conduit pathway is used, this bid is based on the conduit being unobstructed and usable.


Unit Price

Extended Price

1 2 inch directional boring with conduit (2 runs)

2700 LF $ $


6 EA $ $

3 Hourly Labor HR $ $ Subtotal $

FLAGLER Clean-up Workstation Cabling

Install Rack & Relocate, Test & Label Workstation Cabling Item Description Quantity Unit of

Measure Unit Price

Extended Price

1 Wall mounted equipment rack 2 EA $ $ 2 ¾ inch x 4 ft x 4 ft plywood backboard 2 EA $ $ 3 48 port category 5e patch panel 2 EA $ $ 4 Closed cover front & rear horizontal wire

manager 4 EA $ $

5 3 ft category 5e patch cord 50 EA $ $ 6 Hourly Labor – tone, tag & label existing

network drops HR $ $

Subtotal $

MADISON Single-Mode Fiber between Scale Buildings

Note: Permits, if required, by others. Item Description Quantity Unit of

Measure Unit Price Extended

Price 1 12 strand OS2 optical fiber (9/125) outside

plant 740 LF $ $



5 Single-mode ST coupler panel 2 EA $ $ 6 3 meter single-mode ST to LC fiber jumper 2 EA $ $ 7 Pull Box: Vendor should follow

manufacturer’s bending radius for the fiber.

2 EA $ $


Subtotal $

1/26/2016

BID SHEET – 3 OF 10 MADISON

Multi-Mode Fiber from Scale Building to Comfort Stations Note: Permits, if required, by others.


Unit Price

Extended Price


1600 LF $ $


Subtotal $

MADISON Clean-up Workstation Cabling


Measure Unit Price

Extended Price

1 Wall mounted equipment rack 2 EA $ $ 2 ¾ inch x 4 ft x 4 ft plywood backboard 2 EA $ $ 3 48 port category 5e patch panel 2 EA $ $ 4 Closed cover front & rear horizontal wire

manager 4 EA $ $



Subtotal $

PUNTA GORDA Single-Mode Fiber between Scale Buildings


Measure Unit Price

Extended Price


560 LF $ $





2 EA $ $


Subtotal $

1/26/2016

BID SHEET – 4 OF 10

PUNTA GORDA Multi-Mode Fiber from Scale Building to Comfort Stations



Price 1 6 strand multi-mode 62.5/125 um optical

fiber (2 runs) 3070 LF $ $


Subtotal $

PUNTA GORDA Direction Boring from Scale Buildings to Comfort Stations



Unit Price

Extended Price

1 2 inch directional boring with conduit (2 runs)

2220 LF $ $


6 EA $ $


1/26/2016

BID SHEET – 5 OF 10 SNEADS

Single-Mode Fiber between Scale Buildings Note: Permits, if required, by others. Bid is based on existing conduit being

unobstructed and usable for the proposed purpose. Item Description Quantity Unit of


Price 1 12 strand OS2 optical fiber (9/125) outside

plant 550 LF $ $



5 Single-mode ST coupler panel 2 EA $ $ 6 3 meter single-mode ST to LC fiber jumper 2 EA $ $ 7 Hourly Labor HR $ $

Subtotal $

SNEADS Multi-Mode Fiber from Scale Building to Comfort Stations

Note: Permits, if required, by others. Bid is based on existing conduit being unobstructed and usable for the proposed purpose.

Item Description Quantity

Unit of Measure

Unit Price Extended Price


3070 LF $ $


Subtotal $

SNEADS Clean-up Workstation Cabling



Price 1 Wall mounted equipment rack 2 EA $ $ 2 ¾ inch x 4 ft x 4 ft plywood backboard 2 EA $ $ 3 48 port category 5e patch panel 2 EA $ $ 4 Closed cover front & rear horizontal wire

manager 4 EA $ $



Subtotal $

1/26/2016 BID SHEET – 6 OF 10

WHITE SPRINGS Single-Mode Fiber between Scale Buildings



Price 1 12 strand OS2 optical fiber (9/125)

outside plant 2640 LF $ $



5 Single-mode ST coupler panel 2 EA $ $ 6 3 meter single-mode ST to LC fiber

jumper 2 EA $ $


5 EA $ $


Subtotal $

WHITE SPRINGS

Multi-Mode Fiber from Scale Building to Comfort Stations Note: Permits, if required, by others. Bid is based on existing conduit being

unobstructed and usable for the proposed purpose. Item Description Quantity Unit of





Subtotal $

WHITE SPRINGS Clean-up Workstation Cabling




manager 4 EA $ $



Subtotal $

1/26/2016 BID SHEET – 7 OF 10

WILDWOOD Multi—Mode Fiber from Scale Building to Comfort Stations

Note: This bid is based on the existing conduit being unobstructed and usable for the project purpose. Permits, if required, by others.


Unit Price Extended Price


2500 LF $ $


Subtotal $

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WILDWOOD Clean-up Workstation Cabling



Price 1 Wall mounted equipment rack 2 EA $ $ 2 ¾ inch x 4 ft x 4 ft plywood backboard 2 EA $ $ 3 48 port category 5e patch panel 2 EA $ $ 4 Closed Cover Front & rear horizontal

wire manager 4 EA $ $


network drops HR

Subtotal $

YULEE Single-Mode Fiber between Scale Buildings


Measure Unit Price

Extended Price


1105 LF $ $





2 EA $ $


Subtotal $

1/26/2016 BID SHEET – 8 OF 10

YULEE Multi-Mode Fiber from Scale Building to Comfort Stations






Subtotal $

YULEE Direction Boring from Scale Buildings to Comfort Stations


Permits, if required, by others Item Description Quantity Unit of


Price 1 2 inch directional boring with conduit (2

runs) 2730 LF $ $


6 EA $ $


YULEE Clean-up Workstation Cabling




manager 4 EA $ $



Subtotal $

1/26/2016

BID SHEET – 9 OF 10

SUBTOTALS FLAGLER Single-Mode Fiber Between Scale Buildings $ Multi-Mode Fiber from Scale Building to Comfort Station $ Direction Boring From Scale Building to Comfort Stations $ Clean-up (install Rack & Relocate, Test & Label Workstation Cabling $ MADISON Single-Mode Fiber Between Scale Buildings $ Multi-Mode Fiber from Scale Building to Comfort Station $ Clean-up (install Rack & Relocate, Test & Label Workstation Cabling $ PUNTA GORDA Single-Mode Fiber Between Scale Buildings $ Multi-Mode Fiber from Scale Building to Comfort Station $ Direction Boring From Scale Building to Comfort Stations $ SNEADS Single-Mode Fiber Between Scale Buildings $ Multi-Mode Fiber from Scale Building to Comfort Station $ Clean-up (install Rack & Relocate, Test & Label Workstation Cabling $ WHITE SPRINGS Single-Mode Fiber Between Scale Buildings $ Multi-Mode Fiber from Scale Building to Comfort Station $ Clean-up (install Rack & Relocate, Test & Label Workstation Cabling $ WILDWOOD Multi-Mode Fiber from Scale Building to Comfort Station $ Clean-up (install Rack & Relocate, Test & Label Workstation Cabling $ YULEE Single-Mode Fiber Between Scale Buildings $ Multi-Mode Fiber from Scale Building to Comfort Station $ Direction Boring From Scale Building to Comfort Stations $ Clean-up (install Rack & Relocate, Test & Label Workstation Cabling $ **GRAND TOTAL $ **The Grand Total will be used to determine the intended award of this contract. Please provide an expected completion date of this project _______________________.

1/26/2016

BID SHEET – 10 OF 10 MFMP Transaction Fee: All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the attached Form PUR 1000 General Contract Condition #14. However, all vendors should be aware that effective JANUARY 1st, 2015 through July 1st, 2016, in accordance with Senate Bill 2502-A, the Transaction Fee will change from one percent (1%) to seven-tenths of one percent (.70%) of the payment issued. The Transaction Fees imposed shall be based upon the date of issuance of the payment. NOTE: In submitting a response, the bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions. ACKNOWLEDGEMENT: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation. Bidder: FEID# . Address:_______________________________ City,State,Zip: . Phone: Fax: E-mail: Authorized Signature: ______________________________________ Date: _____________________ Printed/Typed: _________________________________________Title:__________________________

1/26/2016 ITB-DOT-15/16-9007-JP

EXHIBIT “A” Scope of Services

The intent of this project is to provide the Department with a communications circuit and site specific infrastructure to replace existing circuits such as wireless cell modems for enhanced security at all of the Interstate weigh stations and comfort station/inspection barns listed below: I-95 Flagler Weigh Stations and comfort stations

I-10 Madison Weigh Stations and Comfort Stations

I-75 Punta Gorda Weigh Stations and Comfort Stations

I-10 Sneads Weigh Stations and Comfort Stations

I-75 White Springs Weigh Stations and Comfort Stations

I-75 Wildwood Comfort Stations

I-95 Yulee Weigh Stations and Comfort Stations

Installation of the fiber shall be all inclusive for the sites identified in the contractor’s proposed quote and is intended to provide an upgraded communications circuit for the purpose of credit card transactions and also to do a clean-up of all workstation cabling and identification with clear labeling which will be performed by certified BICSI technician only. Contractor/Vendor Responsibilities The contractor shall furnish, install and test conduit and fiber optic cabling for the sites identified in this project per the Department’s specifications (ref - http://www.dot.state.fl.us/programmanagement/Implemented/SpecBooks/July2015/Files/715eBook.pdf) and referenced sections) or as approved by the project manager. The upgrade and associated infrastructure may require materials such as conduit, fiber optic cable, fiber optic hardware (fan-out kits, terminations, splice trays, pull boxes, splice vaults, etc.) which shall be included in this project. The contractor shall submit a plan for each site which depict the proposed fiber optic conduit running line and associated features including splice vaults, pull boxes, etc. to the project manager for approval. The contractor shall install materials which appear on the Department’s approved product list (ref - http://www.dot.state.fl.us/Specificationsoffice/ProductEvaluation/QPL/Default.shtm ). Equipment not listed shall be submitted to the Department’s Project Manager for approval prior to installation or use on this project. The contractor is responsible for providing a fully functioning tested and approved network at each site listed in this project. The contractor will provide OTDR test data and a loss table to the Department’s Project Manager as outlined in the Standard Specifications (see Appendix for reference). The bidirectional fiber test result shall meet the Department’s specification (see references).

http://www.dot.state.fl.us/programmanagement/Implemented/SpecBooks/July2015/Files/715eBook.pdf

http://www.dot.state.fl.us/Specificationsoffice/ProductEvaluation/QPL/Default.shtm

The contractor is responsible for configuring connected equipment at the individual sites to communicate with the predefined IP addressing and site specific configuration settings needed to effectively communicate with the remote endpoint as identified in the Department provided documents. Each site listed in Project will have a 30 day burn-in period. The contractor shall provide a 30 day burn-in period during which any issues will be resolved by the contractor. Although not all inclusive these might include drops in connectivity, incorrect labeling of peripheral Ethernet cables, incorrect IP address assignments, bends exceeding radius on any fiber cables. See also references in Appendix section. Fiber conduit and cabling shall be installed per the Standard Specifications. Examples include:

• Sec. 620 GROUNDING AND LIGHTNING PROTECTION • Sec. 630 CONDUIT (conduit, route markers, warning tape, etc.) • Sec. 633 COMMUNICATION CABLE • Sec. 635 PULL, SPLICE, AND JUNCTION BOXES • Sec. 639 ELECTRICAL POWER SERVICE ASSEMBLIES

Note that compliance with the spec is pretty straight forward and easy to follow… conduit on the bottom, locate wire on top of conduit, marker tape and finally a route marker. Then install fiber optic cable. Terminate and test. Connect and test communication.

All Single Mode cable needs to be Corning glass in order to meet D 3 guaranteed 25 year warranty whenever any connections in future are made and manufacturer bending radius specifications will be maintained. Testing: All fiber optic cable shall be tested in accordance with the applicable Department’s Standard Specification (Sec. 630, etc.). Fiber optic testing shall be documented and should include individual OTDR shot results (printed or electronic) files for each strand and direction, an electronic loss table, etc. Single mode cable should be tested at 1310nm and 1550nm. Multimode cable should be tested as per the manufactures specifications. Facility testing should include verifying individual device IP address assignments, firewall and switch configurations, network traffic confirmation (identification of any unknown IP nodes etc.). Antivirus and other software configuration should be confirmed and documented.

Deliverables: The contractor shall provide the following documents prior to final acceptance:

• IP node address matrix • Site network topology • Password master list • Device warranty matrix including manufacture email, mail and telephone number, warranty

period, etc. • Hardware/device matrix with manufacture, serial number, ancillary devices (i.e. keyboard,

mouse, etc.) • Proof of technician current BICSI certification

A master project file should be provided for auditing purposes. State will provide HP branded single mode mini-GBIC devices for the vendor to install in order to complete the fiber installation to the existing 24 port ProCurve switches between the weigh stations and multi-mode mini-GIBIC devices for the fiber installation from the weigh station to the comfort station. Specific brand will be determined by awarded vendor in order to meet footage requirements.

NOTE - Site specific project network documents should include a detail sheet depicting the fiber optic topology, a detail sheet(s) depicting the fiber optic splicing diagrams and connectivity, a consolidated IP table listing assigned device IP addresses. These documents should be considered exempt from public information requests under F.S. 119

8 | P a

Appendix “A”

Florida Department of Transportation “Standard Specifications for Road and Bridge Construction” http://www.dot.state.fl.us/programmanagement/Implemented/SpecBooks/default.shtm Florida Department of Transportation “Design Standards” http://www.dot.state.fl.us/rddesign/DesignStandards/Standards.shtm Florida Department of Transportation “Plans Preparation Manual” http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm Florida Department of Transportation “Maintenance of Traffic Manual” http://www.dot.state.fl.us/rddesign/MOT/MOT.shtm Florida Department of Transportation “Facilities Design Manual” http://www.dot.state.fl.us/projectmanagementoffice/Architectural

http://www.dot.state.fl.us/programmanagement/Implemented/SpecBooks/default.shtm

http://www.dot.state.fl.us/rddesign/DesignStandards/Standards.shtm

http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm

http://www.dot.state.fl.us/rddesign/MOT/MOT.shtm

http://www.dot.state.fl.us/projectmanagementoffice/Architectural

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PURCHASE ORDER TERMS & CONDITIONS 375-040-55

PROCUREMENT OGC - 07/15

Page 1 of 7 Purchase Order No.:

Appropriation Bill Number(s) / Line Item Number(s) for 1st year of

contract, pursuant to s. 216.313, F.S.: (required for contracts in excess of $5 million)

1. SERVICES AND PERFORMANCE

A. The Department does hereby retain the Vendor to furnish, within the manner and at the location specified, certain services, information and items as specified in the competitive procurement documents, the completed purchase order form, and attached Exhibits which are integral parts of this purchase order contract (hereinafter called the Purchase Order). If additional terms and conditions of the Vendor are attached, only those provisions not in conflict with the State of Florida Purchase Order Conditions and Instructions and Purchase Order Terms and Conditions herein may be made a part of this Purchase Order. The Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over and supersede any inconsistent or conflicting provision in the State of Florida Purchase Order Conditions and Instructions, and any attached terms and conditions of the Vendor.

B. Before making any additions or deletions to the work described in this Purchase Order, and before

undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and the Department shall issue a Change Order covering such work and compensation. Reference herein to this Purchase Order shall be considered to include any Change Orders.

C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under this

Purchase Order, as well as all data collected, together with summaries and charts derived therefrom, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Purchase Order. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Vendor shall not copyright any material and products or patent any invention developed under this Purchase Order. The Department shall have the right to visit the site for inspection of the work and the products of the Vendor at any time.

D. All final plans, documents, reports, studies, and other data prepared by the Vendor shall bear the

professional’s seal/signature, in accordance with applicable Florida law that governs and Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Purchase Order. In the event that changes in the statute or rules create a conflict with the requirements of the published guidelines, requirements of the statute and rules shall take precedence.

E. The Vendor agrees to provide project schedule progress reports in a format acceptable to the

Department and at intervals established by the Department. The Department shall be entitled at all times to be advised, at its request, as to the status of work being done by the Vendor and of the details thereof. Coordination shall be maintained by the Vendor with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to the Purchase Order may request and be granted a conference.

F. All services shall be performed by the Vendor to the satisfaction of the Director who shall decide all

questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Purchase Order. The Director’s decision upon all claims, questions, and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director.

Reference herein to the Director shall mean the Department's Director of Maintenance .

375-040-55 PROCUREMENT

OGC – 07/15 Page 2 of 7

2. TERM

A. Initial Term. Unless otherwise specified, this Purchase Order begins on the date of issuance. Services to be rendered by the Vendor shall be completed by the date specified on the Purchase

Order. B, EXTENSIONS. In the event that circumstances arise which make performance by the Vendor

impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Purchase Order. Extension of this Purchase Order must be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in this Purchase Order and any written amendments signed by the parties; provided the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There may be only one extension of this Purchase Order unless the failure to meet the criteria set forth in this Purchase Order for completion of this Purchase Order is due to events beyond the control of the Vendor.

It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Vendor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department shall review the request and make a determination as to granting all or part of the requested extension.

3. COMPENSATION AND PAYMENT

A. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. Deliverable(s) must be received and accepted in writing by the Contract Manager on the Department’s invoice transmittal forms prior to payment. If the Department determines that the performance of the Vendor is unsatisfactory, the Department shall notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Vendor shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Vendor will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Vendor shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Department for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period.

B. Vendors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Purchase Order specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Interest penalties of less than one (1) dollar shall not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

C. The State of Florida, through the Department of Management Services, has instituted

MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(23), Florida Statutes, all payments shall be assessed a transaction fee of one percent (1%), which the Vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the transaction fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible, the Vendor shall pay the transaction fee pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding


OGC – 07/15 Page 3 of 7

payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The Vendor shall receive a credit for any transaction fee paid by the Vendor for the purchase of any item(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor. Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the Vendor’s failure to perform or comply with specifications or requirements of the Purchase Order. Failure to comply with these requirements shall constitute grounds for declaring the Vendor in default and recovering reprocurement costs from the Vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE.

D. Records of costs incurred under terms of this Purchase Order shall be maintained and made

available upon request to the Department at all times during the period of this Purchase Order and for three years after final payment for the work pursuant to this Purchase Order is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred shall include the Vendor's general accounting records and the project records, together with supporting documents and records, of the Vendor and all subcontractors performing work on the project, and all other records of the Vendor and subcontractors considered necessary by the Department for a proper audit of project costs.

E. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted

as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.

4. INDEMNITY AND PAYMENT FOR CLAIMS

A. INDEMNITY: To the extent permitted by Florida Law, the Vendor shall indemnify and hold harmless the Department, and its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance of this Purchase Order.

It is specifically agreed between the parties executing this Purchase Order that it is not intended by any of the provisions of any part of the Purchase Order to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Purchase Order to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Purchase Order.

PAYMENT FOR CLAIMS: The Vendor guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the Purchase Order. The Department’s final acceptance and payment does not release the Vendor’s bond until all such claims are paid or released.

B. LIABILITY INSURANCE. (Select and complete as appropriate):

No general liability insurance required.

The Vendor shall carry and keep in force during the term of this Purchase Order a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least

$ 200,000.00 per person and $ 300,000.00 each occurrence, and property damage insurance of at least $ 200,000.00 each occurrence, for the services to be rendered in accordance with this Purchase Order.

The Vendor shall have and maintain during the term of this Purchase Order, a professional


OGC – 07/15 Page 4 of 7

liability insurance policy or policies or an irrevocable letter of credit established pursuant to chapter 675 and section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording liability coverage for the professional services to be rendered in accordance with this Purchase Order in the amount of $ .

C. WORKERS’ COMPENSATION. The Vendor shall also carry and keep in force Workers’

Compensation insurance as required for the State of Florida under the Workers’ Compensation Law.

D. PERFORMANCE AND PAYMENT BOND. (Select as appropriate):

No Bond required.

Prior to commencement of any services pursuant to this Purchase Order and at all times during the term hereof, including renewals and extensions, the Vendor will supply to the Department and keep in force a bond provided by a surety authorized to do business in the

State of Florida, payable to the Department and conditioned for the prompt, faithful, and efficient performance of this Purchase Order according to the terms and conditions hereof and within the time periods specified herein, and for the prompt payment of all persons furnishing labor, materials, equipment, and supplies therefor.

E. CERTIFICATION. With respect to any general liability insurance policy required pursuant to this

Purchase Order, all such policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Contract. Policies that include Self Insured Retention (SIR) will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law.

5. COMPLIANCE WITH LAWS

A. The Vendor agrees that it shall make no statements, press releases, or publicity releases concerning this Purchase Order or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Purchase Order, or any particulars thereof, during the period of the Purchase Order, without first notifying the Department's Contract Manager and securing prior written consent.

B. If the Vendor is licensed by the Department of Business and Professional Regulation to perform the

services herein contracted, then section 337.162, Florida Statutes, applies as follows:

(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. The complaint shall be confidential.

(2) Any person who is employed by the Department and who is licensed by the Department of

Business and Professional Regulation and who, through the course of the person's employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to chapter 455, Florida Statutes, and the state licensing law applicable to that licensee. The complaint shall be confidential.

(3) Any complaints submitted to the Department of Business and Professional Regulation are

confidential and exempt from Section 119.07(1), Florida Statutes, pursuant to chapter 455, Florida Statutes, and applicable state law.

C. The Vendor covenants and agrees that it and its employees and agents shall be bound by the

standards of conduct provided in applicable Florida law and applicable rules of the Board of Business and Professional Regulation as they relate to work performed under this Purchase Order. The Vendor further covenants and agrees that when a former state employee is employed by the


OGC – 07/15 Page 5 of 7

Vendor, the Vendor shall require that strict adherence by the former state employee to Sections 112.313 and 112.3185, Florida Statutes, is a condition of employment for said former state employee. These statutes will by reference be made a part of this Purchase Order as though set forth in full. The Vendor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Purchase Order.

D. The Vendor agrees to comply with the Title VI Nondiscrimination Contract Provisions, Appendices A

and E, available at http://www.dot.state.fl.us/procurement/index.shtm, incorporated herein by reference and made a part of this Agreement.

E. Any intellectual property developed as a result of this Agreement will belong to and be the sole

property of the State. This provision will survive the termination or expiration of the Agreement. F. The Vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all

subcontracts the obligation to comply with s.20.055(5), Florida Statutes. 6. TERMINATION AND DEFAULT

A. This Purchase Order may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department further reserves the right to terminate or cancel this Purchase Order in the event an assignment is made for the benefit of creditors.

B. If the Department determines that the performance of the Vendor is not satisfactory, the Department

shall have the option of (a) immediately terminating the Purchase Order, or (b) notifying the Vendor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Purchase Order will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the Department.

C. If the Department requires termination of the Purchase Order for reasons other than unsatisfactory

performance of the Vendor, the Department shall notify the Vendor of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Purchase

Order is to be terminated.

D. If the Purchase Order is terminated before performance is completed, the Vendor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Purchase Order. All work in progress shall become the property of the Department and shall be turned over promptly by the Vendor.

E. For Agreements $1,000,000 and greater, if the Department determines the Vendor submitted a false

certification under Section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Department shall either terminate the Agreement after it has given the Vendor notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or maintain the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.

7. ASSIGNMENT AND SUBCONTRACTS

A. The Vendor shall maintain an adequate and competent staff so as to enable Vendor to timely perform under this Purchase Order and must be authorized to do business within the State of Florida and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Department, other than those costs within the limits and terms of this Purchase Order. The Vendor is fully responsible for satisfactory completion of all subcontracted work. The Vendor, however, shall not sublet, assign, or transfer any work under this Purchase Order to other than subcontractors specified in the proposal, bid and/or Purchase Order without the prior written consent of the Department.

B. Select the appropriate box:

The following provision is not applicable to this Purchase Order.


OGC – 07/15 Page 6 of 7

The following provision is hereby incorporated in and made a part of this Purchase Order:

It is expressly understood and agreed that any articles that are the subject of, or required to carry out this Purchase Order shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Purchase Order shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. RESPECT of Florida provides governmental agencies within the State of Florida with quality products and services produced by persons with disabilities. Available pricing, products, and delivery schedules may be obtained by contacting:

RESPECT 2475 Apalachee Pkwy Tallahassee, Florida 32301-4946 Phone: (850) 487-1471

The following provision is hereby incorporated in and made a part of this Purchase Order:

It is expressly understood and agreed that any articles that are the subject of, or required to carry out this Purchase Order shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in section 946.515(2) and (4), Florida Statutes; and for purposes of this Purchase Order, the person, firm, or other business entity (Vendor) carrying out the provisions of this Purchase Order shall be deemed to be substituted for this agency (Department) insofar as dealings with such corporation are concerned.

The "Corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Available pricing, products, and delivery schedules may be obtained by contacting:

PRIDE Enterprises

12425 - 28th Street, North St. Petersburg, Florida 33716-1826 Telephone: (800) 643-8459

This Purchase Order involves the expenditure of Federal funds and hence, Section 946.515, as

noted above, does not apply. However, Appendix I is applicable to all parties and is hereof made a part of this Purchase Order.

8. MISCELLANEOUS

A. The Vendor and its employees, agents, representatives, or subcontractors are not employees of the Department and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein, Vendor and its employees, agents, representatives, or subcontractors are not agents of the Department or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the Department or the State. The Department shall not be bound by any unauthorized acts or conduct of the Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include this provision in all its subcontracts under this Purchase Order.

B. All words used herein in the singular form shall extend to and include the plural. All words used in

the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.

C. It is understood and agreed by the parties hereto that if any part, term or provision of this Purchase

Order is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Purchase Order did not contain the particular part, term or provision held to be invalid.

D. This Purchase Order shall be governed by and construed in accordance with the laws of the State of

Florida.


OGC – 07/15 Page 7 of 7

E. In any legal action related to this Purchase Order, instituted by either party, the Vendor hereby

waives any and all privileges and rights it may have under Chapter 47 and section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such legal action is filed by Vendor, Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same.

F. Time is of the essence as to each and every obligation under this Purchase Order.

G. If this Purchase Order involves the purchase or maintenance of information technology as defined in

Section 282.0041, Florida Statutes, the selected provisions of the attached Appendix II are made a part of this Purchase Order and shall take precedence over any inconsistent provisions in this Purchase Order.

H. If this Purchase Order is the result of a formal solicitation (Invitation to Bid, Request for Proposal or

Invitation to Negotiate), the Department of Management Services Forms PUR1000 and PUR1001, included in the solicitation, are incorporated herein by reference and made a part of this Purchase Order.

I. This Purchase Order embodies the whole agreement of the parties. There are no promises, terms,

conditions, or obligations other than those contained herein, and this Purchase Order shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto.

J. Vendor/Contractor:

1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and

2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

The provisions in the PURCHASE ORDER TERMS & CONDITONS constitute an integral part of the Purchase Order contract. The Vendor acknowledges acceptance of the terms and conditions of this Purchase Order by providing the services described in this Purchase Order.

Purchase Order Terms & Conditions

Effective September 1, 2015

Section 1. Purchase Order.

A. Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Agency within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term. Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the Purchase Order end date.

Section 2. Performance.

A. Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Purchase Order. The Agency shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination shall be maintained by the Contractor with representatives of the Agency, or of other agencies involved in the project on behalf of the Agency.

B. Performance Deficiency. If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Agency. The Contractor shall provide the Agency with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Agency, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

Section 3. Payment and Fees.

A. Payment Invoicing. The Contractor will be paid upon submission of properly certified invoice(s) to the Agency after delivery and acceptance of commodities or contractual services is

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confirmed in writing by the Agency. Invoices shall contain detail sufficient for audit thereof and shall contain the Purchase Order and the Contractor’s Federal Employer Identification Number or Social Security Number.

B. Payment Timeframe. Section 215.422, Florida Statutes (F.S.), provides that agencies have five (5) working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor’s expense. Interest penalties for late payment are also provided for in section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems obtaining timely payment(s) from an Agency, may be contacted at 850-413-5516, or Vendors may call the State Comptroller’s Hotline at 1-800-848-3792.

C. MyFloridaMarketPlace Fees. The following language is included pursuant to rule 60A-1.031, Florida Administrative Code:

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. Payments issued by Agencies or Eligible Users to Vendors for purchases of commodities or contractual services are subject to Transaction Fees, as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors shall submit monthly reports required by the rule. All reports shall be subject to audit. Failure to pay Transaction Fees or submit reports shall constitute grounds for default and exclusion from business with the State of Florida.

D. Payment Audit. Records of costs incurred under terms of the Purchase Order shall be maintained and made available to the Agency upon request at all times during the period of the Purchase Order, and for a period of three years thereafter. Records of costs incurred shall include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Agency for audit.

E. Annual Appropriation and Travel. Pursuant to section 287.0582, F.S., if the Purchase Order binds the State or an executive agency for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Travel expenses are not reimbursable unless specifically authorized in writing, and shall be reimbursed only in accordance with section 112.061, F.S.

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Section 4. Liability.

A. Indemnity. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the State of Florida, its officers, employees and agents harmless from all fines, claims, assessments, suits, judgments, or damages, consequential or otherwise, including court costs and attorney’s fees, arising out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Purchase Order, as well as for any determination arising out of or related to the Purchase Order, that the Contractor or Contractor’s employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Agency. The Purchase Order does not constitute a waiver of sovereign immunity or consent by the Agency or the State of Florida or its subdivisions to suit by third parties.

B. Payment for Claims. The Contractor guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Contractor or any employee, agent, subcontractor, assignee or delegate in connection with the Purchase Order.

C. Liability Insurance. The Contractor shall maintain insurance sufficient to adequately protect the Agency from any and all liability and property damage/hazards which may result from the performance of the Purchase Order. All insurance shall be with insurers qualified and duly licensed to transact business in the State of Florida. If required by the Agency and prior to commencing any work the Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in full force and showing the Agency to be an additional insured.

D. Workers’ Compensation. The Contractor shall maintain Workers’ Compensation insurance as required under the Florida Workers’ Compensation Law.

E. Performance Bond. Unless otherwise prohibited by law, the Agency may require the Contractor to furnish, without additional cost to the Agency, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Agency shall determine the type and amount of security.

Section 5. Compliance with Laws.

A. Conduct of Business. The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor shall comply with Section 247A of the Immigration and Nationality Act, the

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Americans with Disabilities Act, Health Insurance Portability and Accountability Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status.

Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference, to the extent applicable.

B. Lobbying. In accordance with sections 11.062 and 216.347, F.S., the Purchase Order funds are not for the purpose of lobbying the Legislature, the judicial branch, or an Agency. Pursuant to subsection 287.058(6), F.S., the Purchase Order does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Purchase Order, after the Purchase Order’s execution and during the Purchase Order’s term.

C. Gratuities. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State officer or employee.

D. Cooperation with Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Purchase Order. The Contractor shall retain such records for three (3) years after the expiration of the Purchase Order, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees.

E. Public Records. To the extent required by the Florida Public Records Act, Chapter 119, F.S., the Contractor shall maintain and allow access to public records made or received in

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conjunction with the Purchase Order. The Purchase Order may be terminated for cause by the Agency for the Contractor's refusal to allow access to public records.

F. Communications and Confidentiality. The Contractor agrees that it shall make no statements, press releases, or publicity releases concerning the Purchase Order or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Purchase Order, or any particulars thereof, during the period of the Purchase Order, without first notifying the Agency’s Contract Manager or the Agency’s designated contact person and securing prior written consent. The Contractor shall maintain confidentiality of all confidential data, files, and records related to the services and/or commodities provided pursuant to the Purchase Order and shall comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures shall be consistent with the most recent version of the Agency’s security policies, protocols, and procedures. The Contractor shall also comply with any applicable professional standards with respect to confidentiality of information.

G. Intellectual Property. Unless specifically addressed in the Purchase Order, intellectual property rights to all property created or otherwise developed by the Contractor for the Agency will be owned by the State of Florida through the Agency at the completion of the Purchase Order. Proceeds to any Agency derived from the sale, licensing, marketing or other authorization related to any such Agency-controlled intellectual property right shall be handled in the manner specified by applicable state statute.

H. Convicted and Discriminatory Vendor Lists. In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Purchase Order with any Agency.

Section 6. Termination.

A. Termination for Convenience. The Purchase Order may be terminated by the Agency in whole or in part at any time in the best interest of the Agency. If the Purchase Order is terminated before performance is completed, the Contractor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Purchase Order price as the amount of work satisfactorily performed. All work in progress shall become the property of the Agency and shall be turned over promptly by the Contractor.

B. Termination for Cause. If the Agency determines that the performance of the Contractor is not satisfactory, the Agency shall have the option of (a) immediately terminating the Purchase Order, or (b)

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notifying the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Purchase Order will be terminated at the end of such time, or (c) take other action deemed appropriate by the Agency.

Section 7. Subcontractors and Assignments.

A. Subcontractors. The Contractor shall not subcontract any work under the Purchase Order without the prior written consent of the Agency. The Contractor is fully responsible for satisfactory completion of all subcontracted work.

B. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Purchase Order without the prior written consent of the Agency. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the Agency expressly waives such secondary liability. The Agency may assign the Purchase Order with prior written notice to the Contractor.

Section 8. RESPECT and PRIDE.

A. RESPECT. In accordance with subsection 413.036(3), F.S., if a product or service required for the performance of the Purchase Order is on the procurement list established pursuant to subsection 413.035(2), F.S., the following statement applies:

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.

Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org.

B. PRIDE (not applicable when using federal funds). In accordance with subsection 946.515(6), F.S., if a product or service required for the performance of the Purchase Order is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with subsection 946.515(2), F.S., the following statement applies:

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IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.

Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org.

Section 9. Miscellaneous.

A. Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the Agency and are not entitled to the benefits of State of Florida employees. The Agency shall not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Purchase Order.

B. Governing Law and Venue. The laws of the State of Florida shall govern the Purchase Order. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Purchase Order. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Agency.

C. Waiver. The delay or failure by the Agency to exercise or enforce any of its rights under the Purchase Order shall not constitute waiver of such rights.

D. Modification and Severability. The Purchase Order may only be modified by a change order agreed to by the Agency and the Contractor. Should a court determine any provision of the Purchase Order is invalid, the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Purchase Order did not contain the provision held to be invalid.

E. Time is of the Essence. Time is of the essence with regard to each and every obligation of the Contractor. Each such obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach.

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F. Background Check. The Agency may require the Contractor and its employees, agents, representatives and subcontractors to provide fingerprints and be subject to such background check as directed by the Agency. The cost of the background check(s) shall be borne by the Contractor. The Agency may require the Contractor to exclude the Contractor’s employees, agents, representatives or subcontractors based on the background check results.

G. E-Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all new employees hired during the term of the Purchase Order for the services specified in the Purchase Order. The Contractor shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Purchase Order term.

H. Commodities Logistics. The following provisions shall apply to all Purchase Orders unless otherwise indicated in the contract documents:

1) All purchases are F.O.B. destination, transportation charges prepaid.

2) Each shipment must be shipped to the address indicated on the face of the Purchase Order and marked to the attention of the individual identified, if any. Each shipment must be labeled plainly with the Purchase Order number and must show the gross, tare, and net weight. A complete packing list must accompany each shipment. This paragraph shall also apply to any third party who ships items on behalf of the Contractor.

3) No extra charges shall be applied for boxing, crating, packing, or insurance.

4) The following delivery schedule shall apply: 8:00 AM – 4:00 PM, Monday through Friday, excluding legal holidays.

5) If delivery to the specified destination cannot be made on or before the specified date, notify the Agency immediately using the contact information provided in the MyFloridaMarketPlace system.

6) The Agency assumes no liability for merchandise shipped to other than the specified destination.

7) Items received in excess of quantities specified may, at Agency’s option, be returned at the Contractor’s expense. Substitutions are not permitted.

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