1412175446 Solicitation.pdf

1.1) Cover Page

Solicitation

For Participation in

JEA St. Johns River Power Park (SJRPP) Unit 3 Combined Cycle – Unit Auxiliary Transformers

Jacksonville, FL

Solicitation Number 1412175446

Optional Pre-Response Meeting via Microsoft Teams or Teleconference on May 26, 2026, at 3:00PM EST

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/262659672153620?p=uGrACnDKoVsPMWmioy

Meeting ID: 262 659 672 153 620

Passcode: SL2di6up

Need help? | System reference

Dial in by phone

+1 469-208-1810,,527432154# United States, Carrollton

Find a local number

Phone conference ID: 527 432 154#

Join on a video conferencing device

Tenant key: jea@m.webex.com

Video ID: 118 012 960 4

More info

Responses are due on June 23, 2026, by 12:00 PM EST

All Responses shall be submitted through JEA’s E-Procurement and Contract Management Portal which is provided by Zycus Supplier Network which can be accessed at https://zsn.zycus.com/guest. Instructions on how to login to

Zycus is provided below in this Solicitation. LATE RESPONSES MAY BE REJECTED.

JEA will publicly open all Responses received from qualified Respondents on the Due Date, via Microsoft Teams.

For more information please contact the JEA Buyer at:

(Jason Behr, behrjv@jea.com) https://teams.microsoft.com/meet/262659672153620?p=uGrACnDKoVsPMWmioy https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_Mjk5MmZhZTktNjU1YS00ZTY4LWE5MDMtODBjYzllNGRkMTU4%40thread.v2/0?context=%7b%22Tid%22%3a%22c0d91960-576d-4631-bc37-56584b7dc8db%22%2c%22Oid%22%3a%22d486d8f3-a679-44da-ae62-3c81a61b1dde%22%7d tel:+14692081810,,527432154 https://dialin.teams.microsoft.com/7f16dcab-d946-4f6a-8038-ba775494cd86?id=527432154 mailto:jea@m.webex.com https://www.webex.com/msteams?confid=1180129604&tenantkey=jea&domain=m.webex.com https://zsn.zycus.com/guest mailto:behrjv@jea.com

1.2) Scope of Work

The purpose of this solicitation for the purchase of Unit Auxilliary Transformers (UAT) (this "Solicitation") is to evaluate and select a vendor to provide qty two (2) Combustion Turbine Generator (CTG) UAT and qty two (2)

Steam Turbine Generator (STG) UATas described in this Solicitation (the "Work") and to determine the best method for JEA to procure the Work with regards to pricing, quality, design, and workmanship. Schedule of Submittals

Effective Date listed in the Appendix A – Technical Specifications is defined as the EPC LNTP Date - February 2027 unless mutually agreed in writing by both parties.

A more detailed description of the Work is provided in the Technical Specifications included as an Exhibit to this

Solicitation.

Capitalized terms used in this Solicitation without definition shall have the definitions given to them in Section 2 of this Solicitation.

1.3) Background

JEA owns, operates and manages the electric system established by the City of Jacksonville, Florida since 1895. In June

1997, JEA also assumed operation of the water and sewer system previously managed by the City. JEA is located in

Jacksonville, Florida, where we proudly serve an estimated 541,076 electric, 407,161, water and 30,460 reuse water customers. JEA is Florida's largest community owned utility and the eighth largest municipal in the United States.

1.4) Invitation - Submitting a Response

Respondents that meet the Minimum Qualification stated herein are invited to submit a Response to this Solicitation to perform the Work. A complete copy of this Solicitation, the Technical Specifications, forms and all other documents referenced in this Solicitation are on JEA’s E-Procurement and Contract Management Portal which is provided by

Zycus Supplier Network which can be accessed at https://zsn.zycus.com/guest/genericRegister/JEA074. Instructions on how to login to Zycus is provided below in this Solicitation.

All Responses are due at the time indicated on the title page of this Solicitation. Section 1 of this Solicitation are the instructions for submitting a Response for this Solicitation. Section 2 of this Solicitation contain the definitions and commercial contract terms associated with this procurement.

A Contract will be presented to the Respondent awarded this Work and the Contract will incorporate by reference this entire Solicitation and all associated Addenda. A sample of the JEA Contract can be found on jea.com.

All documentation submitted with a Response must reference the Solicitation Title and Number stated herein. All

Responses must be made on the appropriate forms and formats as specified by this Solicitation and uploaded to JEA’s procurement platform.

All Responses should be delivered electronically to JEA via the Zycus platform. An automated, detailed auditing system provides sealed Response integrity. Responses remain sealed on the platform until the Close Date & Time

(Due Date & Time).

A Respondent shall be solely responsible for timely delivery of its Response to the Zycus Supplier

Network. Respondents are strongly encouraged to acquire log in credentials early as possible. Additionally

Respondents are encouraged to submit Responses early to ensure uploading process goes smoothly. If Respondent is not able to submit its Response via Zycus, then please email the Response to the JEA Buyer identified in the

Section below titled "Questions".

Responses are due by the time and on the date stated on the cover page of this Solicitation. LATE RESPONSES

MAY BE REJECTED.

1.5) Zycus Instructions

I. How to Log Into Zycus https://www.jea.com/ https://zsn.zycus.com/guest/genericRegister/JEA074

A. New Users – Zycus

1. New Users will need to register to login. Registration will require Company name, address, phone, contact, title, phone and email address. Also, it is recommended users use Google Chrome to access Zycus.

2. Note if the company is already doing business with JEA, you may find the company is already registered in Zycus.

To find out if you are registered, try entering your email address in the New User Registration screen. If you receive a message stating “Email ID already registered”, log in as an Existing User Log-in”. If you don’t know your password, enter your email address and click on “Forgot Password”.

B. Existing Users or New Users with Previously Registered Emails

1. Once the user has a login on the sourcing platform select “Existing User Log-in”, the user may navigate to the solicitation by selecting the icon for the applicable solicitation.

II. How to Submit a Response Using Zycus

1. Once logged in, users will see all JEA Sourcing Events, then select the applicable event.

2. Once in the Sourcing Event. The Sourcing Event has prompts for actions required to respond to the solicitation.

3. For the user to proceed to submit a Response to JEA using Zycus, the user will be required to provide its acceptance of the of the Zycus iSource Terms & Conditions associated with the work. Such Terms and Conditions may cover non-disclosure, safety, cyber security, Invitation for Bid contract terms, etc.

4. Once all terms are accepted, additional Solicitation information will be available for viewing and submitting a

Response by selecting “Confirm Participation”. JEA will then have a record indicating the company intends to submit a Response.

5. A user then can respond to each section of the Solicitation, once completed with each section, select “Save”. Note each section has a red, yellow, green light code. Items will turn green once completed. Yellow and red lights mean there is additional action required. Users may also note under each tab, there are multiple questions to respond to, scroll down the list to ensure all questions are answered.

6. In most Solicitations, JEA will provide Technical Specifications, pricing tables in Excel which the user will need to download. Additionally, Excel pricing tables may need to be uploaded once completed to as part of the Response.

Users can download the required attachments by selecting the “Buyers Attachments” icon.

7. Once the required forms are uploaded and saved, the section light will turn green. Once all sections are completed and green lighted, the User may select “Submit Response”.

8. Once the user selects “Submit Response”, the user will receive a “Success” pop-up when submitted.

9. Once submitted users may recall and modify submitted documentation and submit information until the Response

Due Date and Time.

10. Zycus does not automatically transfer a pricing submission from the qualifying round into live auction setting for award consideration. Each user shall manually re-submit its qualifying Response into the live auction environment for consideration of award.

1.6) Questions

All Questions must be submitted in writing to the JEA Buyer listed herein at least five business days prior to the opening date. Questions received within five business days prior to the opening date may not be answered.

1.7) Pre-Response Meeting

There may be an optional Pre-Response meeting associated with this Solicitation at the date and time listed on the cover page of this Solicitation. All interested Respondents are invited to attend the Pre-Response meeting. Those planning to attend the Microsoft Teams teleconference may email their name and contact information to the JEA

Buyer listed herein at least 48 hours prior to the Pre-Response meeting to facilitate roll call. A Respondent must only sign in representing one company, unless otherwise agreed to by JEA in writing.

1.8) Opening of Responses

All Responses received shall be publicly announced and recorded via Microsoft Teams at the date and time indicated on the cover page of this Solicitation.

The details for the Microsoft Teams will be on jea.com at the following website: https://www.jea.com approximately

48 hours before the Response opening.

At the opening of Responses, a JEA representative will publicly open each Response that was received prior to the

Date and Time, except for those Responses that have been properly withdrawn. JEA has the right to waive irregularities or informalities in the Responses to the extent allowable under applicable laws.

1.9) Alternate Provisions and Conditions

Terms and conditions found in Responses that are contrary to requirements found in this Solicitation, including, but not limited to, the Contract terms and conditions contained in Section 2 of this Solicitation and any requirements found in the Technical Specifications attached as an exhibit or attachment to this Solicitation, will be rejected and are of no force and effect. However, JEA reserves the right to negotiate different terms and conditions and requirements if JEA determines that such terms and conditions and requirements are in the best interest of JEA.

1.10) Minimum Qualifications

Respondent must complete and submit the Minimum Qualification Form provided in this Solicitation. JEA reserves the right to ask for additional back up documentation or reference projects to confirm the Respondent meets the requirements stated above.

JEA may reject Responses from Respondents not meeting all of the following Minimum Qualifications:

I. The Respondent must have successfully self-performed similar work preceding the Response Due Date.

II. Any Respondent whose contract with JEA was terminated for default within the last two years shall have its

Response rejected.

III. To bid on this Solicitation, the Respondent must be the approved manufacturer or authorized distributor of the items listed in the Appendix B – Bid Response Form and be manufactured at the approved location. The list of approved manufacturers and locations are found in “1412175446 Attachment C - All Approved

Transformer Manufacturers_2026”

IV. The Respondent shall materially comply and continue to comply with the technical specifications for the full term

1.11) Number of Contracts to be Awarded

JEA intends to award a primary supplier for this solicitation.

JEA reserves the right to Award more than one Contract based on certain groupings of the Work items, or JEA may exclude certain Work items or groupings, if JEA determines that it is in its best interest. The type of transformer group is indicated within the response form

1.12) Insurance Requirements

Prior to JEA issuing a Purchase Order to the Company to begin the Work, the Company shall submit a certificate of insurance (COI) that is in compliance with amounts and requirements as indicated in this Solicitation. Note that the

COI shall specifically indicate JEA as additional insured on all required insurance except Worker's Compensation and

Professional Liability (if applicable). Furthermore, waiver of subrogation must be provided for all required insurance in favor of JEA, including its board members, officers, employees, agents, successors, and assigns.

1.13) Liquidated Damages In Contract https://www.jea.com/ https://www.jea.com/ https://www.jea.com/ https://www.jea.com/ https://www.jea.com/ https://www.jea.com/ https://www.jea.com/

The Contract issued pursuant to this Solicitation contains liquidated damages tied to project completion deadlines. The

Respondent should review the specific time frames and liquidated damage amounts found in Section 2 of this

Solicitation prior to submitting its Response.

1.14) Optional Use of Small and Emerging Business Program

It is at the Respondent's option as to whether it chooses to subcontract with a JSEB firm. JEA encourages the use of

JSEB firms; however, the Respondent is not required to utilize a JSEB to be awarded a Contract under this

Solicitation.

For more information regarding the JSEB program, please contact Bill Hickey, JEA, Manager of Supplier Diversity

Programs and Procurement Services, hickwj@jea.com or jsebprogram@jea.com.

1.15) Basis of Award - Highest Evaluated

JEA will use the Selection Criteria listed below to evaluate the Responses. JEA may make its Award decision based solely upon the information submitted in the Responses. JEA may also choose to have one or more Respondent make presentations to representatives of JEA. It is always in the best interest of the Respondent to provide informative, concise, well-organized technical and business information relative to the Work, in both the initial submittal of its

Response and in any subsequent submittals.

Please note, JEA may reject Responses that request material changes or take exceptions to JEA commercial terms and conditions.

Responses will be scored and ranked by a committee of evaluators. Each evaluator will individually score the

Responses using the evaluation matrix attached to this Solicitation. Using these scores, each evaluator will rank the

Responses using "1" for the Response receiving the highest number of points from the matrix. Responses with an equal number of points will receive the same numerical ranking. JEA will total the numerical rankings for each

Response and consider the Response with the lowest total to be the most highly qualified Response. Any tie will be broken using the total of the matrix scores of all evaluators. If a tie persists, the tie will be broken in accordance with the JEA Procurement Operational Procedures.

1.16) Evaluation Methodology

JEA Procurement will distribute a copy of each Response to each member of the Selection Committee, and the members of the Selection Committee will separately and independently evaluate and rank the Responses using the

"Selection Criteria" as stated below in this Solicitation.

Responses will be scored and ranked by a committee of evaluators. Each evaluator will individually score the

Responses using an evaluation matrix. Using these scores, each evaluator will rank in order the Responses starting with "1" for the Response receiving the highest number of points from the matrix and increasing in point value respective to the order of rank. JEA will total the numerical rankings for each Response and consider the Response with the lowest total to be the most highly qualified Response.

The Respondent with the best overall rank for which JEA has determined to be in its best interest, will be submitted to the CPO for approval as the awardee for this work. Once approved, the CPO will then present an Award to the JEA

Awards Committee for approval if applicable per JEA Procurement Code.

The rank and short-list, if applicable, will be announced in a public meeting. The date and time of the public meeting will be posted on jea.com.

Short-list Process (Optional)

JEA may select Respondents (the "Short-list") with which to commence presentations. A selection committee

(hereinafter referred to as the "Selection Committee"), will be appointed by the Chief Procurement Officer (the

"CPO"), or their designee, to review, evaluate, and rank each Response submitted.

JEA will use the ranking to develop the Short-list of companies in which to proceed with presentations if applicable.

JEA reserves the right to recommend an Award based on the Selection Committee's initial evaluation of the Responses if JEA deems the Responses demonstrate adequate competition, compliance, and responsiveness to this Solicitation. If

JEA determines the previously stated criteria have not been met, JEA will finalize the Short-list and proceed with presentations.

Presentations and Additional Clarifications (Optional)

A Respondent that is included on the Short-list may be required, at the sole option of JEA, to make an oral presentation, provide additional written clarifications to its Response, or JEA may require site visits to Respondent's facilities. Oral presentations, handouts, and written clarifications will be attached to the Respondent's Response and will become a part of the Response as if originally submitted. The CPO or their designee will initiate and schedule a time and location for any presentations that may be required.

While evaluating Responses, JEA may request clarification or additional information from the Respondent about any item in its Response. Such requests will be sent consistent with the protocols outlined in this Solicitation and the

Respondent must provide a response back to JEA within five (5) business days unless otherwise specified by JEA, or

JEA, at its sole discretion, may deem the Respondent to be non-responsive and either suspend or terminate further evaluation of its Responses.

The JEA Selection Committee will adjust and calculate the final rankings of the Short-list based on the addition of the

Presentation.

The final rank will be announced in a public meeting. The date and time of the public meeting will be posted on jea.com.

The Award recommendation of the Selection Committee will be based upon the ranking of the Presentation and the

Selection Criteria described below in this Solicitation. The Respondent(s) with the best overall rank will be submitted to the CPO for approval. Once approved, the CPO will then present an Award(s) to the JEA Awards Committee for approval if applicable per JEA Procurement Code.

References

As a part of the evaluation process, JEA may contact the references provided by the Respondent for independently verifying the information provided in the Response, and to assess the extent of success of the projects associated with those references. JEA also reserves the right to contact references not provided by Respondents. Respondents may be requested to provide additional references. The results of the reference checking may influence the final ranking, and

Award recommendation. It is the sole responsibility of the Respondent to ensure availability of the Reference Contact should JEA elect to make contact.

1.17) Reservation of Rights and Disclaimers

Please note, JEA may, in its sole discretion, reject Responses that request material changes or take exceptions to JEA commercial terms and conditions.

In its sole discretion, JEA reserves the right to withdraw this Solicitation either before or after receiving Responses, to reject any and all Responses either in whole or in part, with or without cause, or to waive any Solicitation requirement informalities, minor irregularities, and deficiencies in any Response, and to determine such action is in the best interest of JEA. Issuance of this Solicitation in no way constitutes a commitment by JEA to make an Award or enter into a

Contract(s).

All Responses submitted to JEA are subject to the JEA's terms and conditions contained in this Solicitation and JEA's

Procurement Code. Any and all additional terms and conditions submitted by Respondents are rejected and shall have no force.

Presentations will not be open to the public but will be recorded. All recordings made, any records, documents, and other materials presented at public meetings in accordance with Florida Statues 286, and can be released pursuant to a public records request under Florida Public Records Law, Florida Statutes, Chapter 119, subject to applicable records exemptions.

1.18) Selection Criteria

The following criteria will be used by JEA to evaluate and rank Responses from Respondents who meet the Minimum

Qualifications specified in this Solicitation.

1.19) Quotation of Rates

Maximum score: 70 Points

Respondent shall provide a firm price quote for all Work in this Solicitation by completing the Response Form included in Appendix B. The prices quoted must include all profit, taxes, benefits, travel, percent mark-up, and all other overhead items.

The prices quoted by Respondent on the Response Form must be firm-fixed prices, not estimates. The low bid will receive the maximum 70 points and the amount of that bid will be the basis for awarding points to all other bids based on the following formula:

Other bidders’ points = 70 * (Low Bidder/Bidder).

For Example: Bid #1 = $100, Bid #2 = $125

Bid #1 is low bid and will receive 70 points. Bid #2 will receive 56 points (70 x (100/125))

1.20) Lead-time

Maximum score: 15 points

Respondent shall include lead-time in Appendix B. The lead-times quoted by Respondent on the Response Form must be the Month and Year which JEA will receive the material, not the number of days to ship nor the date in which the item will be Manufactured. For the purpose of Liquidated Damages, this date shall be the date which calculations are made from. Do not quote a range. The basis for awarding points to all other bids based on the following formula:

• Delivery prior to November 30, 2029 shall be awarded 15 Points

• Delivery after November 30, 2029, but before February 28, 2030 shall be awarded 10 Points

• Delivery after February 28, 2030 shall be awarded 0 Points

1.21) Commercial Risk Profile

Maximum score:_15 Points

• Pricing and Transit Models

• Transit Model

• Tariff Model

• Milestone Payments

• Price Adjustment Model (evaluating criteria definition)

• Currency Adjustment

• Index Adjustments

• All Price Adjustment Timeline

Example of Outstanding: Supplier commits to common 3rd party verifiable price indexing adjustments and response includes weight chart and corresponding website links for indices that is trued up 90 days prior to shipping. Factory is domestic and utilizes Rail to the location and pricing is quoted DDP. Tariffs are included in the pricing, they have been identified and noted for how these costs are created, and Company agrees to JEA’s tariff language regarding adjustments. References are exemplary. Pricing is based on the USD non-adjusting.

Milestone payments are aligned well with the percentage of work completed and no less than 50% is upon final acceptance.

Example of Unsatisfactory: No information provided and references are unable to be reached.

JEA may contact the references provided by Respondent to determine the reference’s satisfaction with the

Respondent’s performance with similar projects.

1.22) Tie

In the event of a tie score, the tie shall be resolved in accordance with JEA's Procurement Code and Operational

Procedures.

1.23) Subcontractors Use for the Performance of the Work

The Respondent must list the names of the major Subcontractors that it intends to use for this Work, unless the Work will be self-performed by the Respondent. The Subcontractors must be listed on the Subcontractors Form which is available at jea.com. Failure to submit this form with the Response may result in rejection of Respondent's Response.

The Respondent shall not use Subcontractors other than those shown on the Subcontractor Form unless it shows good cause and obtains the JEA Representative's prior written consent.

If the Respondent plans to use Subcontractors to perform over 50% of the Work, the Respondent shall obtain JEA's approval at least five days prior to the Response Due Date. Failure to obtain JEA approval may result in rejection of the Respondent's Response.

1.24) Required Forms to be Submitted

The following forms must be completed and submitted to JEA at the timeframes stated below. The Respondent can obtain the required forms, other than the Minimum Qualification Form, Response Form and Response Workbook, by downloading them from JEA.com.

A. The following forms are required to be submitted with the Response:

I. Minimum Qualifications Form- This form can be found in Appendix B of this Solicitation

II. Response Form- This can be found in Appendix B of this Solicitation

III. Subcontractor Form (if any). However, if the following Subcontractors are utilized to perform this

Work, they shall be listed on the referenced Subcontractor Form: a. Electrical, b. Plumbing, c.

HVAC, d. Instrument and controls (I&C), e. Equipment Suppliers (i.e., pumps, fans, etc..), f. Material

Suppliers, g. Roofing, h. Fuel, I. Mechanical Engineer, j. Fire Protection, h. etc.

If the above listed forms are not submitted with the Response by the Response Due Time and Date, JEA may reject the

Response.

B. JEA also requests the following documents to be submitted prior to Contract execution. A Response will not be rejected if these forms are not submitted at the Response Due Date and Time. However, failure to submit these documents prior to Contract execution could result in Response rejection.

I. Conflict of Interest Certificate Form - This form can be found at JEA.com

II. Insurance certificate

III. W-9

IV. Evidence of active registration with the State of Florida Division of Corporations (www.sunbiz.org)

V. Any technical submittals as requires by the Technical Specifications

1.25) Addenda Issuance

JEA may issue Addenda prior to the opening of Responses to change or clarify the intent of this Solicitation. The

Respondent is responsible for ensuring it has received all Addenda prior to submitting its Response and must acknowledge receipt of all Addenda by completing the Confirmation of Receipt of Addenda. JEA will post Addenda when issued online at JEA.com. Companies must obtain Addenda from the JEA.com website. It is the responsibility of each Respondent to ensure it has received and incorporated all Addenda into its Response. Failure to acknowledge receipt of Addenda may be grounds for rejection of a Response.

1.26) Contract Execution and Start of Work

Within 30 days from the date of Award, JEA will present the successful Respondent with the Contract. Unless expressly waived by JEA, the successful Respondent must execute a Contract for the Work within 10 days after receiving the Contract from JEA. If the Respondent fails to execute the Contract or associated documents as required, JEA may cancel the Award with no further liability to the Respondent and retain any bid security or bond.

Upon JEA's receipt of the executed Contract, certificate of insurance, and recorded Payment and Performance bonds

(if applicable), JEA will issue a PO, in writing and signed by an authorized JEA representative as acceptance of the

Response and authorization for the company to proceed with the Work, unless otherwise stated in the Contract or PO.

For Construction Services: In the event that JEA intends to authorize the successful Respondent to proceed with administrative work only, or with only a portion of the Work, then the PO shall state the specific limitations of such authorization and JEA will issue a separate written Notice to Proceed to authorize the Respondent to begin Field Work, when applicable, or to perform the remainder of the Work, or any portion thereof. The Respondent shall ensure that it is prepared to begin Field Work upon receipt of Notice to Proceed. Any Work performed outside of this partial authorization shall be at the Respondent's risk and JEA shall have no obligation to pay for such Work.

1.27) Ex Parte Communication

Ex Parte Communication is defined as any inappropriate communication concerning a Solicitation between any officers, employees or other representatives of Respondent and a JEA representative during the time in which the

Solicitation is being advertised through the time of Award. Examples of inappropriate communications include:

private communications concerning the details of the Solicitation in which a company becomes privy to information not available to the other Respondents. Social contact between companies and JEA Representatives should be kept to an absolute minimum during the Solicitation process.

Ex Parte Communication is strictly prohibited. Failure to adhere to this policy will disqualify the noncompliant

Respondent. Any questions or clarifications concerning this Solicitation must be sent in writing via email to the JEA

Buyer at least five business days prior to the opening date. If JEA determines that a question should be answered or a requirement should be clarified, JEA will issue an Addendum to the Solicitation.

1.28) Conflict of Interest

This conflict of interest policy applies to all JEA construction projects ("Project"). Any company bidding the construction phase of a Project cannot at the time of Response/bid submittal, be affiliated with or have any direct or indirect ownership interest in the architect/engineer ("Designer") of record. The company will also be prohibited from bidding if the Designer has any direct or indirect ownership interest in the Contractor. Should JEA erroneously award a contract in violation of this policy, JEA may terminate the contract at any time with no liability to company, and company shall be liable to JEA for all damages, including but not limited to the costs to rebid the Project. The purpose of this policy is to encourage bidding and eliminate any actual or perceived advantage that one Respondent may have over another.

1.29) Certifications and Representations of the Company

By signing and submitting its Response, the Respondent certifies and represents as follows:

A. That the individual signing the Response is duly authorized to contractually bind the Respondent to the terms and conditions of this Solicitation and the Contract. Respondent shall provide satisfactory evidence of such authority within three days of JEA’s request.

B. That every aspect of the Response and the detailed schedule for the execution of the Work, are based on its own knowledge and judgment of the conditions and hazards involved, and not upon any representation of JEA. JEA assumes no responsibility for any understanding or representation made by any of its representatives during or prior to execution of the Contract unless such understandings or representations are expressly stated in the Contract and the

Contract expressly provides that JEA assumes the responsibility.

C. That, if successful, the Respondent will be registered to conduct business in the State of Florida and in active status with the Florida Division of Corporations at the time of execution of a Contract.

D. That the Respondent maintains in active status any and all licenses, permits, certifications, insurance, bonds and other credentials including, but not limited to, all licenses necessary to perform the Work. The Respondent also certifies that, upon the prospect of any change in the status of applicable licenses, permits, certifications, insurances, bonds or other credentials, the Respondent shall immediately notify JEA of status change.

1.30) Ethics

By submitting a Response, the Respondent certifies that its Response is made without any previous understanding, agreement or connection with any other person, firm, or corporation submitting a Response for the same Work other than as a Subcontractor or supplier, and that the Response is made without outside control, collusion, fraud, or other illegal or unethical actions. The Respondent shall comply with all JEA and City of Jacksonville ordinances, policies and procedures regarding ethics.

The Respondent shall submit only one Response to this Solicitation. If JEA has reasonable cause to believe the

Respondent has submitted more than one Response for the same Work, other than as a Subcontractor or sub-supplier, JEA shall disqualify the Response and may pursue debarment actions.

The Respondent shall disclose the name(s) of any public officials who have any financial position, directly or indirectly, in Respondent or its Response by completing and submitting the Conflict of Interest Certificate Form available at jea.com. Failure to fully complete and submit the Conflict of Interest Certificate will disqualify the

Response. If JEA has reason to believe that collusion exists among the Respondents, JEA shall reject any and all

Responses from such Respondents and will proceed to debar the Respondents from future JEA Awards in accordance with the JEA Procurement Code.

JEA is prohibited by its Charter from awarding contracts to JEA board members, officers or employees, and is prohibited from awarding contracts in which a JEA officer or employee has a financial interest. JEA shall reject all

Responses from JEA board members, officers or employees, as well as, all Responses in which a JEA officer or employee has a financial interest.

In accordance with Florida Statutes Sec. 287.133, JEA shall reject Responses from any persons or affiliates convicted of a public entity crime as listed on the Convicted Vendor list maintained by the Florida Department of Management

Services. JEA shall not make an Award to any officer, director, executive, partner, shareholder, employee, member, or agent active in management of the Respondent listed on the Convicted Vendor list for any transaction exceeding

$35,000 for a period of 36 months from the date of being placed on the Convicted Vendor list.

JEA shall also reject any Responses from any persons or affiliates that are listed on State of Florida’s Suspended

Vendor List, the City of Jacksonville’s Disqualified Vendor List, JEA’s Suspended Vendors list, or have had a contract with JEA terminated for default within the last two (2) years.

1.31) JEA Publications

Applicable JEA publications are available at jea.com.

1.32) Mathematical Errors

In the event of a mathematical error in calculation of the prices entered on the Response, the Unit Prices will prevail.

The corrected price utilizing the Unit Prices quoted by Respondent will be used to determine if the Company is awarded a Contract for the Work and the corrected pricing will be used throughout the Term.

1.33) Modification or Withdrawal of Responses

The Respondent may modify or withdraw its Response at any time prior to the Response Due Date and Time by giving written notice to JEA's Chief Procurement Officer by submitting an updated Response. JEA will not accept modifications submitted by telephone, telegraph, email, or facsimile, or those submitted after the Response Due Date and Time. The Respondent may not modify or withdraw its Response for a period of 90 days following the opening of

Responses.

1.34) Notice of Prohibition Against Considering Social, Political, or Ideological Interests

Pursuant to Section 287.0501, Florida Statutes, JEA may not:

(i) Request documentation of or consider a vendor’s social, political, or ideological interests when determining whether a vendor is a responsible vendor; or

(ii) Give preference to a vendor based on the vendor’s social, political, or ideological interests.

1.35) Prohibition Against Contingent Fees

The Respondent warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Respondent, or an independent sales representative under contract with the Respondent, to solicit or secure a contract with JEA, and that it has not paid or agreed to pay any person, company, corporation, or other individual, other than a bona fide employee working solely for the Respondent, or an independent sale representative under contract with the Respondent, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the Award or the Contract. If a breach or violation of the provisions occurs, JEA shall have the right to terminate the Contract without liability, and at its discretion, to deduct from the Contract Price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

1.36) Protest of Solicitation and Award Process

Any protests regarding this Solicitation must be filed in writing and in accordance with the JEA Procurement Code, as amended from time to time. The JEA Procurement Code is available online at www.jea.com.

1.37) Reservation of Rights of JEA

This Solicitation provides potential Respondents with information to enable the submission of written offers. This

Solicitation is not a contractual offer or commitment by JEA to purchase products or services.

JEA reserves the right to reject all Responses, and to waive informalities if JEA deems such action to be in its best interest. JEA may reject any Responses that it deems incomplete or irregular including, but not limited to, Responses that omit a price on any one or more items for which prices are required, Responses that omit Unit Prices if Unit Prices are required, Responses that offer equal items when the option to do so has not been stated, and Responses that fail to include a Bid Bond, where one is required.

JEA reserves the right to cancel, postpone, modify, reissue and amend this Solicitation at its discretion.

JEA reserves the right to cancel or change the date and time announced for opening of Responses at any time prior to the time announced for the opening of Responses. JEA may Award the Contract in whole or in part. JEA may award multiple or split Contracts if it is deemed to be in JEA's best interest.

1.38) Defined Terms

Words and terms defined in the section entitled "Definitions" of this document are hereby incorporated by reference into the entire document.

2) Contract Terms and Conditions 2.1) Contract Document Terms and Conditions

Section 2 of this Solicitation contains JEA’s general terms and conditions that will govern the Contract awarded under this Solicitation. The Contract Documents will incorporate by reference all of the terms and conditions of this

Solicitation, including all Appendices, Exhibits, Schedules and Forms included with this Solicitation. An example of the Contract that the Company will be required to execute is available for review at jea.com.

2.2) Definitions

Capitalized words and terms used in this Solicitation shall have the meaning given to them in this Section 2. The

Technical Specifications to this Solicitation may define additional words and terms where necessary to clarify the

Work. Unless otherwise stated in this Solicitation or the Contract Documents, definitions set forth in Technical

Specifications shall apply only within the Technical Specifications.

Acceptance

JEA's written notice by the Project Manager to the Company that all Work as specified in the Contract, or a portion of the Work as specified in the Contract, or a Task or Work Order, has been completed to JEA's satisfaction. Approval or recognition of the Company meeting a Milestone or interim step does not constitute Acceptance of that portion of

Work. Acceptance does not in any way limit JEA's rights under the Contract or applicable laws, rules and regulations.

Addendum/Addenda

An amendment to the Solicitation which is issued by JEA before the Response Due Date and Time.

Anniversary Date

The date which is twelve (12) months after the Effective Date of the Contract, and each date which is twelve (12) months after an Anniversary Date that occurs while the Contract is in effect.

Award

The written approval of the Contract by JEA’s Awards Committee and Chief Executive Officer.

Change Order

A written order issued by JEA after execution of the Contract, authorizing an addition, deletion, or revision of the

Work, or an adjustment in the Contract Price or the Contract Time. Change Orders do not authorize expenditures greater than the maximum indebtedness shown in the Contract. A Change Order that involves a material change to the

Contract may require a Contract Amendment.

Company

The legal person, firm, corporation or any other entity with whom JEA executes the Contract.

Company Representatives

The individual assigned by the Company to have authority to administer the Contract on behalf of the Company. The

Company shall provide JEA with the name and responsibilities of the Company Representative, in writing after Award of the Contract and before starting the Work under the Contract. Should the Company need to change the Company

Representative, the Company shall promptly notify JEA in writing of the change.

Contract

The written agreement executed by JEA and the Company which describes the rights and obligations of JEA and the

Company with respect to the Work and incorporates all of the Contract Documents.

Contract Amendment

A written document signed by JEA and the Company issued after the execution of the Contract which authorizes an addition, deletion or revision of the Scope of Work, or the Contract Price, the Term or any other provision of the

Contract.

Contract Documents

Contract Documents means the executed Contract, this Solicitation, all documents required by or submitted in connection with this Solicitation or the Contract, and any written Change Orders, Contract Amendments and Purchase

Orders executed by JEA and Company.

Contract Price

The total amount payable by JEA to the Company during the Term in accordance with the terms and conditions of the

Contract Time

The number of calendar days or the period of time from when the written Purchase Order is issued to the Company, to the date Company has agreed to complete the Work, as set forth in the Contract Documents.

Defect

Work that fails meet the requirements of the Contract Documents.

Delivery Point

The foundation at the Site upon which the Equipment will be Installed.

Delivery Schedule.

The lead time periods for the Equipment stated in the Response beginning on the Effective Date.

Engineering Procurement and Construction Limited Notice to Proceed Date (EPC LNTP Date)

The date which Schedule of Submittals is based off and is established by JEA, but not earlier than February 18, 2027.

Equipment

As Defined in the scope of the Technical Specifications

Guaranteed Delivery Date

The end of the lead time period for the Equipment stated in the Response beginning on the Effective Date.

Holidays

The following days: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and

Christmas Day. If a Holidays falls on a weekend, the Holiday is the day that JEA observes the Holiday.

Installation

The provision of all work necessary or required to install the Equipment on its foundation, permanently affix the

Equipment thereto, complete the installation of all components and accessories in accordance with this Contract, including the provision of all labor, tools, materials, and equipment necessary to accomplish the foregoing.

Invoice

A document seeking payment to the Company from JEA for all or a portion of the Work, in accordance with the

Contract Documents.

JEA

JEA, a body politic and corporate, which is authorized to own, manage and operate for the benefit of the City of

Jacksonville a utilities system within and without the City of Jacksonville.

JEA Project Manager

The individual assigned by JEA to have authority to administer the Contract, including the authority to issue Change

Orders.

JSEB

The City of Jacksonville Small and Emerging Business Enterprises as defined in Chapter 126, Part 6 of the City of

Jacksonville, Ordinance Code, as may be amended from time to time.

Milestone

A point in time representing a key or important intermediate event in the Work. A Milestone is to be capable of validation by meeting all of the items prescribed in a defining checklist as agreed to in writing by JEA.

Notice to Proceed

A written notice issued by JEA to Company directing Company to begin performance of the Work (or a designated portion of the Work) in accordance with the terms of this Contract, effective as of the date specified in such notice.

Performance - Meets Expectations

The Company averages more than 2.9 and less than 4.0 across all performance scorecard evaluation metrics.

Performance - Below Expectations or Far Below Expectations

The Company averages less than 2.80 across all scorecard evaluation metrics or scores a 2 or less on an individual evaluation metric.

Performance - Exceeds or Far Exceeds Expectations

The Company averages 4.0 or more across all scorecard evaluation metrics.

Point of Delivery

The foundation upon which the Equipment will be installed at the Site.

Purchase Order

A commercial document issued by JEA, authorizing work, indicating types, quantities, and agreed prices for products or services the Company will provide to JEA. Sending a PO to a Company constitutes a legal offer to buy products or services. The words "Purchase Order" are clearly marked across the top, a PO number is used for reference and invoicing purposes, includes an authorized JEA signature, and states the dollar amount of the lawfully appropriated funds.

Response

The document describing the Company's offer submitted in response to this Solicitation.

Respondent

The respondent to this Solicitation.

Solicitation

All documents issued by JEA to solicit Responses from Respondents including, but not limited to, all documents required to be submitted by a Respondent in connection with this Solicitation, the Technical Specifications, and any

Addenda to the Solicitation issued by JEA.

Subcontractor

A legal person, firm, corporation or any other entity that provides a portion of the Work to JEA on behalf of the

Company, or provides supplies or materials in connection with the Work.

Final Completion

The condition when: (i) erection, Installation and commissioning of the Equipment has been completed by JEA or representative, (ii) all Site-required commissioning and performance testing of the Equipment has been completed and all test data properly evaluated and Accepted by JEA, and (iii) Company has delivered to JEA all operating instructions, maintenance manuals, and warranties and any other Documents required to be delivered as of Final

Completion; (iv) all spare parts purchased in accordance with the Technical Specifications have been delivered; (v) all other Work has been completed, except for Work identified on an agreed upon punchlist; and (vi) JEA or representative has Accepted the Company’s certificate of Final Completion.

Technical Specifications

The technical requirements, specifications, drawings, standards, and related documents for the Equipment and the

Work, as attached to this Contract, as the same may be revised in accordance with this Contract.

Term

The period of time during which the Contract is in force.

Unit Price

The Company charges, rounded to the nearest cent, to JEA for the performance of each respective unit of Work or

Services as defined on this Solicitation.

Work

Any and all actions, products, documentation, electronic programs, reports, testing, transport, administration, management, services, materials, tools, equipment, and other deliverables to be furnished or performed by the

Company under the Contract, together with any and all additional such deliverables that are not specifically provided in the Contract, but can be reasonably inferred as necessary to complete the Company’s obligations under the

2.3) Order of Precedence

The Contract shall consist of all of the following documents which, to the extent of any conflict, shall have priority in the order listed below:

I. Executed Contract Amendments

II. Executed Change Orders

III. Exhibits to Contract Documents

IV. Executed Contract Documents

V. Purchase Order(s)

VI. Addenda to JEA Solicitation

VII. Drawings associated with this Solicitation

VIII. Exhibits and Attachments to this Solicitation

IX. Technical Specifications associated with this Solicitation

X. This Solicitation

XI. Response Documents

XII. References

2.4) Invoicing and Payment

2.4.1 Payment Method - Milestones

Upon Company's completion of and JEA's Acceptance of the completion of each predetermined Milestone, the

Company shall submit to JEA an Invoice for the amount/percentage of the Work or Services completed corresponding to that Milestone.

The Milestone payments that are associated with the Work or Services are as follows:

1. [10%] ARO

2. [10%] upon Approval of Design Documents

3. [20%] upon Release to Manufacturing

4. [40%] upon successful completion of Factory Acceptance Test and Shipment

5. [10%] upon Delivery

6. [10%] upon Final Completion

Milestones which have been invoiced shall not be eligible for price adjustment.

2.4.2 Invoicing and Payment Terms

Within sixty (60) days from completion of each Milestone, the Company shall submit all Invoices or Applications for

Payment in accordance with the payment method agreed upon in these Contract Documents. Invoices shall be submitted to the following email address: ACCTPAYCUSTSRV@JEA.COM.

JEA will pay the Company the amount requested within thirty (30) calendar days after receipt of an Invoice from the

Company subject to the provisions stated below.

JEA may reject any Invoice or Application for Payment within twenty (20) calendar days after receipt. JEA will return the Invoice or Application for Payment to the Company stating the reasons for rejection. Upon receipt of an acceptable revised Invoice or Application for Payment, JEA will pay the Company the revised amount within ten (10) days.

In case the Company is JEA may withhold payment that may be due if the Company, and may offset existing balances with any JEA incurred costs against funds due to the Company under this Contract with JEA, as a result of the violation, or…