IFB_25-041-MC_Two_69KV_SF6_Circuit_Breakers.pdf

REV031925

SOLICITATION COVER PAGE

Solicitation Number IFB 25-041-MC Solicitation Title TWO 69Kv SF6 CIRCUIT BREAKERS Issue Date 3/31/2025 Questions/Comments Due Date 4/18/2025 2:00 PM EST Solicitation Due Date/Time 5/6/2025 2:00 PM EST

Public Bid Opening https://zoom.us/j/93487729870 Meeting ID: 934 8772 9870

Pre-Bid Conference Information NO PRE-BID CONFERENCE

Site Visit W/Pre-Bid? N/A

Bid Bond No Bid Bond Required

Payment & Performance Bond No Performance Bond Required

Anticipated Term One year with renewal periods when in the best interest of

KUA

Insurance Requirements (See Section 2.30-2.40 For Limits)

Service Tier A - Less Than $250,000 Per Repair or Service

Melissa Couture, CPPB, CPM, NIGP-CPP 407-933-9809

WWW.KUA.COM - PROCUREMENT

www.myvendorlink.com procurement@kua.com

Bidder Information for:

REMINDER: THIS COVER PAGE MUST BE INCLUDED WITH YOUR SUBMITTAL.

To ensure fair consideration, consistent and accurate dissemination of information for all bidders, KUA prohibits communication to or with any department, employee, or agent, except as authorized by the Procurement Division representative.

Company Name Contact Name Phone Number Email Address Signature https://zoom.us/j/93487729870 https://kua.com/about-kua/corporate-information/purchasing/ https://www.myvendorlink.com/common/default.aspx mailto:procurement@kua.com

REQUIRED FORM CHECKLIST

A selected box () on the items below indicates these are applicable items and the terms and conditions stated in all solicitation sections are applicable. Bidders shall complete all the forms selected () below, and include them in the submittal package in order listed below with any other requested information.

Required Forms (checked if applicable) Submit all checked forms with bid package

Addenda Acknowledgement (If Applicable) Certification of Proper Identification of Confidential Information Conflict of Interest Statement Drug-Free Workplace Compliance Certification

Experience, References and Certification

Notices

Price Schedule Certification

Proposed Schedule of Subcontractors Public Entity Crimes and Scrutinized Companies Qualification & Project Manager Scope of Services (RFP & RFQu)

Statement of Compliance and Exceptions

Statement of Inspection (If Applicable) Vendor Access to KUA Systems and Networks Certification

Response Forms (place if applicable)

Statement of No Participation

REMINDER: THIS PAGE MUST BE INCLUDED WITH YOUR SUBMITTAL. FAILURE TO SUBMIT WITH YOUR

SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

Section Descriptions Solicitation Cover Page, Required Form Checklist, Sample Contract Agreement Section 1 - Instructions to Bidders Section 2 - General Conditions, Special Instructions & Insurance Requirements Section 3 – Scope of Service Attachment “A” Price Sheet

CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT, made this ___ day of __________, 2025, and entered into by and between the KISSIMMEE UTILITY AUTHORITY, hereinafter referred to as the “Owner” and CONTRACTOR’ LEGAL NAME, hereinafter referred to as the “Contractor,” (also referred to collectively as the “Parties”) for the provision of the goods and/or services described and set forth in IFB 25-041-MC, TWO 69Kv SF6 CIRCUIT BREAKERS.

WITNESSETH:

WHEREAS, the Owner has prepared, in accordance with the law, specifications, plans, terms and conditions and other Contract Documents (as that term is defined in Section 2 – General Conditions, Special Instructions and Insurance Requirements, Subsection 18 – Contract Documents Defined and Made Binding of the IFB 25-041-MC, TWO 69Kv SF6 CIRCUIT BREAKERS) for the work as herein specified; and

WHEREAS, the Contractor has submitted to the Owner, a bid in accordance with the terms of this Contract Agreement and the Contract Documents; and

WHEREAS, the Owner, in the manner prescribed by law, has determined and declared Contractor to be the responsible bidder for the work specified herein and has duly awarded to Contractor a contract therefore, for the sum or sums named in the Contractor’s bid.

NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements contained herein and in the Contract Documents, the Parties to these presents have agreed and hereby agree, the Owner for itself and its successors and assigns, and the Contractor for itself, and its successors and assigns or executors and administrators, as follows:

ARTICLE I. The term of this Contract Agreement shall be a One (1) year agreement with renewal periods when in the best interest of Owner, beginning on MONTH DAY, YEAR and continuing through MONTH DAY, YEAR (“Term”). The decision to renew or extend shall be at the discretion of Owner.

ARTICLE II. The amount to be paid under this Contract Agreement for services rendered will not exceed Dollar Amount in Complete Words 00/100 ($ 00.00) for the Term of this Contract Agreement, in accordance with the Contractor’s Pricing Schedule set forth in Exhibit “A”, which is attached hereto and made a binding part hereof.

ARTICLE III. That time of completion is a basic consideration of the Contract Agreement, and the Contractor shall proceed with goods and/or services and shall conform to the specified schedule.

ARTICLE IV. The Owner and Contractor agree to the terms and conditions in the attached, IFB 25-041-MC, TWO 69Kv SF6 CIRCUIT BREAKERS FEMA Reimbursement Contract Agreement Rider and Certification Regarding Lobbying, hereinafter referred to as “Rider and Certification,” so that Owner can qualify for reimbursement by the Federal Emergency Management Agency, hereinafter referred to as “FEMA,” in the event Owner expends funds for goods and services provided under this Contract Agreement and the Contract Documents in response to a FEMA-qualified emergency. The Rider and Certification is attached to this Contract Agreement and incorporated by reference herein.

SAMPLE AGREEMENT

IN WITNESS WHEREOF, the Parties hereto have executed this Contract Agreement as of the day and year first above written.

CONTRACTOR - CONTRACTOR’ LEGAL NAME

Signature: ____________________________ Date: _____________

Print Name: ___________________________ Title: _____________

OWNER - KISSIMMEE UTILITY AUTHORITY

Signature: ____________________________ Date: _____________ President & General Manager

If full contract price equals or exceeds $250,000:

Board of Directors Chairman

Attest: _______________________________ Date: ____________ Board of Directors Secretary

Department Vice President

Approved as to form

Attorney for Owner

REV071824

FEMA Reimbursement Contract Agreement Rider and Certification Regarding Lobbying

Introduction By executing the Contract Agreement (“Contract”), the Kissimmee Utility Authority (“Owner”) and the successful bidder (“Contractor”) have agreed to the terms and conditions of this FEMA Reimbursement Contract Agreement Rider and Certification Regarding Lobbying (“Rider and Certification”), which is incorporated by reference into the Contract. Being bound by this Rider and Certification is necessary because in the event of a federally declared disaster impacting Owner’s service territory, Owner may seek reimbursement from the Federal Emergency Management Agency (“FEMA”) for funds expended by Owner for goods and services rendered under the Contract. To qualify for reimbursement, FEMA mandates that applicants for funds, such as Owner, implement the contractual requirements contained in this Rider and Certification. Contractor acknowledges Owner’s expectation that all of its vendors comply fully with:

(1) applicable equal employment opportunity and non-discrimination local, state and federal laws and regulations, (2) the Fair Labor Standards Act wage and hour requirements, (3) the Clean Air Act, the Federal Water Pollution Control Act and any other applicable local, state and federal environmental laws and regulations, and (4) any applicable safety laws and regulations referenced below. Such compliance is required irrespective of Owner’s use of FEMA provided funds. Other than the potential use of FEMA funds to respond to a federally declared disaster, no federal monies will be sought to finance the goods and services provided under the Contract. Accordingly, no lobbying of federal officials is contemplated by Contractor related to the Contract. Nothing contained in this Rider and Certification shall be construed as an agreement by Contractor to submit itself to laws or regulations or jurisdiction of any authority that would not have applicability or authority over Contractor absent Owner’s application for FEMA funds to reimburse goods and services rendered under the Contract.

Section 1. FEMA Reimbursement

This is an acknowledgement that FEMA financial assistance may be used to fund this agreement. Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. However, the Federal Government is not a party to the Contract and is not subject to any obligations or liabilities to Owner, Contractor, or any other party pertaining to any matter resulting from the contract.

Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the Contract.

Section 2. Changes

Any price changes sought by Contractor must be agreed to in writing at least 30 days prior to becoming effective or as specified by Owner’s purchasing policies and procedures. Any such change, modification, change order, or constructive change must be reasonable for the completion of project scope

Section 3. Access to Records

(a) Contractor agrees to provide Owner, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of Contractor which are directly pertinent to the Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

(b) Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(c) Contractor agrees to provide the FEMA Administrator or an authorized representative access to construction or other work sites pertaining to the work being completed under the Contract.

Section 4. Suspension and Debarment

(a) The Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.

pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(c) This certification is a material representation of fact relied upon by Owner. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida Division of Emergency Management, or other State of Florida agency responsible for processing FEMA applications, and Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

Section 5. DHS Seal, Logo, and Flags

The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

Section 6. Compliance with Federal Laws, Regulations, and Executive Orders

This is an acknowledgement that FEMA financial assistance may be used to fund goods and services provided by Contractor for this Contract only. The Contractor will comply will all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives.

Section 7. No Obligation of Federal Government

The Federal Government is not a party to the Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.

Section 8. Program Fraud and False or Fraudulent Statements or Related Acts

The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to the Contract.

Section 9. Equal Employment Opportunity

During the performance of the Contract, Contractor agrees as follows:

(a) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(c) If applicable, Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(d) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, setting forth non-discriminatory hiring practice requirements and of the rules, regulations, and relevant orders of the Secretary of Labor.

(e) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of

Labor, or pursuant thereto, and will permit access to his books, records, and account by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(f) In the event of Contractor's noncompliance with the nondiscrimination clauses of the Contract or with any of the said rules, regulations, or orders, the Contract may be canceled, terminated, or suspended in whole or in part by Owner, and Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(g) Contractor will include the portion of the sentence immediately preceding paragraph

(a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency Contractor may request the United States to enter into such litigation to protect the interests of the United States.

Section 10. Remedies

The remedies under the Contract are those set out in the Contract Documents (as defined in the Contract).

Section 11. Termination for Cause and Convenience; Remedies

Termination for cause and convenience shall be according to the terms and conditions set forth in the Contract Documents (as defined in the Contract).

Section 12. Procurement of Recovered Materials

(a) In the performance of the Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(i) Competitively within a timeframe providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(b) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

Section 13. Bird Anti-Lobbying Amendment

Contractors who apply or bid for an award of $100,000 or more shall file the required certification (“Appendix A”). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

Section 14. Contract Hours and Safety Standards Act

(1) Overtime requirements. Neither the Contractor nor any subcontractor contracting for any part of the Contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages. FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph

(2) of this section.

(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

Section 15. Clean Air Act

(a) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(b) Contractor agrees to report each violation to Owner and understands and agrees that Owner will, in turn, report each violation as required to assure notification to the Florida Department of Environmental Protection, FEMA, and the appropriate Environmental Protection Agency Regional Office.

(c) Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

Section 16. Federal Water Pollution Control Act

(a) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq.

(b) Contractor agrees to report each violation to Owner and understands and agrees that Owner will, in turn, report each violation as required to assure notification to the Florida Department of Environmental Protection, FEMA, and the appropriate Environmental Protection Agency Regional Office.

(c) Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

APPENDIX A

44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)

The undersigned, Contractor, certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

SIGNATURE PAGE TO FOLLOW

CONTRACTOR’ LEGAL NAME - Signature of Authorized Official

CONTRACTOR’ LEGAL NAME - Name of Authorized Official

CONTRACTOR’ LEGAL NAME - Title of Authorized Official

Date

Section 1 Instructions to Bidders

1. Definitions and Parties

1.1. Kissimmee Utility Authority. The Kissimmee Utility Authority may be referred to interchangeably as “KUA,” “Owner,” or “Purchaser.”

1.2. Common Terms

1.2.1. “Bidder(s),” “Vendor(s),” “Contractor(s),” “Supplier(s),” “Quoter(s)” and “Proposer(s)” shall mean the organization, party, person, firm, company, corporation, partnership, joint venture or entity responding to this Solicitation.

1.2.2. “Solicitation” shall mean “Request for Proposal(s) (RFP),” “Request for Qualification (RFQu),” “Invitation to Bid (ITB),” “Annual Requirement (AR),” “Request for Quote (RFQ),” to which the Bidder is responding.

1.2.3. “Bid(s),” “Proposal(s),” “Replies” or “Quote(s)” shall mean the documents formally submitted to KUA by each of the Bidders responding to this Solicitation.

1.2.4. “Procurement Director” shall mean the department head, or his/her designee, responsible for managing the Procurement process.

1.3. Savings Clause. The presence or absence of a defined term describing either party to this Solicitation, which includes any associated Contract Agreement and Contract Documents, will not render any provisions of the Solicitation, associated Contract Agreement or Contract Documents ineffective or inapplicable to such party provided a given provision’s context reasonably indicates that it applies to such party. The use or lack thereof of capital letters in any of the terms defined and described herein is not intended to carry any legal significance and shall not be construed to deny applicability of any provisions or terms to the parties by reason thereof.

2. Opening Location

The bids, proposals, or replies will be publicly opened by the Kissimmee Utility Authority (KUA) Procurement Services Division virtually per the Solicitation, in the presence of KUA officials. All interested parties are invited to join.

Bids, proposals, or replies will not be read aloud or revealed to the public at this time.

Only the names of the responding bidders will be available to the public immediately after the bids, proposals, or replies are opened. In accordance with Chapter 119.07 (1) Florida Statutes, all bids, proposals, or replies documents will be made available for public inspection upon request, when the notice of award recommendation has been posted or within thirty (30) days after the bids, proposals, or replies due date and time, whichever is earlier.

SECTION 1, PAGE 2 OF 17, REV 07102024

3. Bids, Proposals, or Replies Delivery Requirements

Interested parties are requested to respond to this solicitation by Electronic submittals (ONLY) via VendorLink at https://www.myvendorlink.com/. Hard copy submittals will not be accepted, unless requested and approved in advance of the due date and time. Do not submit hard copies unless approved. Email, fax or other means will not be accepted.

To ensure a responsive bid, proposal, question or reply:

• Submit electronically through VendorLink.

• Upload only the following file formats: MS Word (.doc or .docx), Excel (.xls or .xlsx), PowerPoint (.ppt or .pptx); Adobe Portable Document Format (.pdf); or Compressed File (ZIP) formats.

• Enable printing.

• If technical difficulties arise during bid submission, contact VendorLink technical support at support@evendorlink.com. If further assistance is needed, please call 407-222-1885.

• It shall be the sole responsibility of the bidder to have their bids, proposals, questions or replies electronically submitted into VendorLink on or before the above stated due date and time. Any uploads attempted after the above stated date and time will be rejected.

4. Pre-Bid Conference

A mandatory or non-mandatory pre-bid conference may be held for this solicitation project. The solicitation cover page provides the information. The pre-bid conference is intended to provide prospective bidders opportunity to ask questions or receive clarification of any requirements of this bid. A representative from the Procurement Services Division and the user department will be present. Bidders are encouraged to submit written questions to the contact person in advance.

5. Site Visit Inspection

A mandatory or non-mandatory site visit inspection may be held for this solicitation project. The solicitation cover page provides the information. The site visit inspection is intended to provide prospective bidders opportunity to have inspected the facility, job site, location specified in the Solicitation document to understand all work required in accordance with the Solicitation/Specifications for each phase.

6. Addenda

Each bidder shall examine all Solicitation documents, and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the Solicitation shall be made through KUA Procurement Services Division. Clarifications shall be submitted via VendorLink at https://www.myvendorlink.com/. KUA shall not be responsible for oral interpretations given by any KUA employee, representative or others.

The issuance of a written addendum is the ONLY official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this Solicitation, VendorLink will attempt to notify all prospective bidders and planholders.

SECTION 1, PAGE 3 OF 17, REV 07102024

It shall be the responsibility of each bidder, prior to submitting their bid, to verify through VendorLink or contact KUA Procurement Services Division to determine if addenda were issued and to make such addenda a part of their bid.

7. Hard Copy Submittal Sealed and Marked Package

Hard copy submittals may only be used when approved in writing, in advance of submittal due date and time. Submittals must adhere to the same instructions herein.

Kissimmee Utility Authority Procurement Services Division 1701 West Carroll Street Kissimmee, Florida 34741

8. Legal Name of Bidder

Bids shall clearly indicate the legal name, address, and telephone number of the bidder (company, firm, partnership, or individual). Bids shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the bidder to the submitted bid.

9. Signature

Bidder shall sign the bid in the proper section with a manual or electronic signature of an authorized representative, and shall enter their title and date of the bid. Failure to properly sign the bid shall invalidate same, and it shall not be considered for award. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid.

10. Bid Expenses

All expenses for submitting bids to KUA are to be borne by the bidder.

11. Irrevocable Offer

Any bid may be withdrawn up until the date and time set above for opening of the bid.

Any bid not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one hundred eighty (180) days to sell KUA the goods or services set forth in this Solicitation until one or more of the bids have been duly accepted by KUA.

SECTION 1, PAGE 4 OF 17, REV 07102024

12. Reserved Rights

12.1. KUA reserves the right to accept or reject any and/or all bids, or any part thereof and/or to waive irregularities and technicalities and to request submission. Also, KUA reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of KUA. Any sole response received by the first submission date may or may not be rejected by KUA depending on available competition and timely needs of KUA. For each item or for all items combined, the bid of the lowest responsive, responsible bidder will be, unless all bids are rejected.

12.2. To be responsive, a bidder shall submit a bid that conforms in all material respects to the requirements set forth in the Solicitation.

12.3. The lowest responsible bidder shall mean that bidder who makes the lowest bid to sell goods and/or services of a quality which conforms closest to the quality of goods and/or services set forth in the attached specifications or otherwise required by KUA and who is known to be fit and capable to perform the bid as made.

12.4. To be a responsible bidder, the bidder shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, KUA reserves the right to make such investigation as it deems necessary to make this determination. Such information may include but shall not be limited to: current financial statements;

verification of availability of equipment and personnel; and past performance records. In the event that any pay item price is determined to be unreasonably low or unreasonably high, the bid may be declared non-responsive and may not be considered.

13. The Right to Audit

The Contractor agrees to furnish such supporting detail as may be required by the Owner to support charges or invoices, to make available for audit purposes all records covering charges pertinent to the purchase, and to make appropriate adjustments in the event discrepancies are found. The Owner will pay the cost of any audit. The Owner shall have the right to audit the Contractor's records pertaining to the work/product for a period of three (3) years after final payment.

14. Applicable Laws

All applicable laws and regulations of the State of Florida and KUA Procurement Services Division regulations and procedures will apply to any involvement by Contractor, as well as any resulting agreement, contract, or purchase order.

15. Code of Ethics

With respect to this bid, if any bidder violates or is a party to a violation of the Code of Ethics of KUA per KUA Procurement Services regulations and/or the State of Florida per Florida Statutes, Chapter 12, Part III, Code of Ethics for Public Officers and Employees, SECTION 1, PAGE 5 OF 17, REV 07102024 such bidder may be disqualified from furnishing the goods or services for which the bid, proposal, or reply is submitted and shall be further disqualified from submitting any future bids for goods or services for KUA.

16. Collusion

By offering a submission to this Solicitation, the bidder certifies the bidder has not divulged, discussed, or compared their bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, the bidder certifies, and in the case of a joint bid each party thereto certifies as to their own organization, that in connection with this bid:

16.1. Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor.

16.2. Any prices and/or cost data quoted for this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or to any competitor.

16.3. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

16.4. The only person or persons interested in this bid, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into and;

16.5. No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee except bona fide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business.

17. Contract Forms

Any agreement, contract, or purchase order resulting from the acceptance of a bid, proposal, or reply shall be on forms either supplied by or approved by KUA.

18. Bid Forms, Variances, Alternates

The bid, proposal or reply must include all selected required KUA bid forms. Additional information may be attached. All blank spaces must be completed with the appropriate response, “None,” or “N/A.” The bidder shall submit all completed required bid forms.

Bidders must indicate any variances from the conditions of the Solicitation; otherwise bidder must fully comply with the Solicitation in its entirety. Alternate bids may or may not be considered at the sole discretion of KUA.

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19. Completeness of Bid

19.1. Bidders shall quote on all items in one bid form. Failure to do so may result in the bid being rejected as non-responsive.

19.2. When quotations on certain items are optional, bidders shall insert the words "no bid" in the space provided for an item for which no quotation is made.

19.3. Incorporation in the bid of substantial exceptions to the general conditions or special conditions shall invalidate the bid, if the exceptions amount to a substantial modification of the contract documents. Exceptions to technical specifications shall be clearly noted in the "Statement of Compliance and Exceptions" form.

19.4. The bid must be signed by an authorized agent or officer of the firm.

20. Quotations

No bidder will be allowed to offer more than one price on each item even though the bidder may feel that they have two or more types or styles that will meet specifications.

Bidders must determine for themselves which to offer.

21. Modification or Withdrawal of Bid

A modification of a bid already received will be considered only if the modification is received prior to the time announced for opening of bids, proposals, or replies. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid. Modifications submitted by telephone, fax, or email will not be considered.

Any bidder may withdraw their bid by giving written notice to the Director of Procurement at the place such bids are to be received and at any time prior to the time announced for opening of bids.

22. Errors in Bids

Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so will be at the bidder's own risk. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of error of extension of prices in the bid, the unit price shall govern.

23. “Statement of No Participation” Response Form

If not submitting a bid, proposal, or reply, respond by returning the "Statement of No Participation" response form no later than the stated bid opening date and time detailing the reason in the space provided.

SECTION 1, PAGE 7 OF 17, REV 07102024

24. Prices Quoted

Give both unit price and extended total. Prices must be stated in units of quantity specified in the bid specifications. In case of discrepancy in computing the amount of the bid, the unit price quoted will govern. The bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications. All prices to include F.O.B. destination, freight prepaid, including transportation. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. If a bidder offers a discount on payment terms, it is understood that a minimum of thirty (30) days will be required for payment (unless otherwise stated in special instructions), and the discount time will be computed from the date of acceptance and receipt of correct invoice. All invoices must be sent to accountspayable@kua.com or Attention: Accounts Payable, P.O. Box 423219, Kissimmee, FL 34742-3219.

25. Acceptance and Delivery

Inspection and acceptance of goods/services will be at the destination, unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Contractor until accepted by KUA, unless loss or damage results from negligence by KUA. Receipt of goods/services shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the service/commodity meets the specifications and conditions. Should the products/services differ in any respect from the specifications, payment will be withheld until such time as the Contractor takes necessary corrective action. If the proposed corrective action is not acceptable to the requesting department/office, the Procurement Services Division may authorize said department/office to refuse the final acceptance of the goods/services. Should a representative of KUA agree to accept the goods/services on the condition that the Contractor will correct its performance within a stipulated time period, then payment will be withheld until the services are performed as specified in the Contract Agreement. The Contractor, and/or its subcontractors and/or agents, will assure a separate delivery ticket for each delivery and will obtain an authorized signature from Owner’s employee. At least one copy of the delivery ticket shall be left with Owner’s employee on each delivery. Separate invoicing will be required. All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, unless otherwise agreed to by the KUA’s Project Manager. Upon failure to meet delivery as proposed by Contractor, necessitating KUA to make purchase of a product proposed from other sources, Contractor shall be liable for the difference of price between awarded proposed price and the cost of the required purchase outside of the contract.

26. Contractor/Bidder Railroad Notification/Coordination Obligation

Contractor/Bidder acknowledges that performance of its obligations under this contract may require delivery of heavy equipment to the Cane Island and/or Hansel sites by low clearance or slow moving heavy haul vehicles and that said vehicles will necessarily have to cross various railroad tracks, including those at a private road grade crossing located at the entrance to the Cane Island. Contractor/Bidder expressly acknowledges that it has been duly informed, by owner, that in order for said vehicles to prudently and safely traverse said crossing, it will be necessary to inform, the railroad having jurisdiction of

SECTION 1, PAGE 8 OF 17, REV 07102024

said crossing (CSX Transportation, Inc.), in advance of the intended crossing and arrange for appropriate protection from train traffic, prior to attempting to cross those railroad tracks. Contractor/Bidder further acknowledges that it has read and is familiar with 316.170, Fla. Stat., and agrees that this statute legally requires Contractor/Bidder to provide advance notice to the proper authorities of the railroad before attempting to cross these railroad tracks with low clearance or slow moving heavy hauling vehicles.

Accordingly, in the event delivery by such vehicles is required, Contractor/Bidder agrees that it will be solely responsible to notify and coordinate with all necessary railroad and/or train companies and personnel, the safe crossing of these railroad tracks by any and all low clearance or slow moving heavy haul vehicles, which are delivering equipment to the Cane Island & Hansel sites. Contract/Bidder acknowledges and agrees that Owner will have no responsibility for said notification or coordination with the railroad and/or train company. Contractor/Bidder agrees that it will likewise require all subcontractors, sub suppliers, vendors, trucking companies, or hauling companies, performing any delivery obligation under this contract to likewise notify and coordinate their delivery with the appropriate railroad and/or train company.

Contractor/Bidder agrees to defend, indemnify and hold harmless owner and its affiliates, agents, employees, servants, representatives, officers, directors, successors and assigns, from and against any and all claims, demands, damages, losses and expenses arising out of or resulting from personal injury, death or physical damage to tangible property (including but not limited to fees of and charges of engineers, attorneys and other professionals and court and arbitration costs, whether direct, indirect or consequential), to the extent caused by the breach of this contractual provision and/or the negligent or otherwise wrongful conduct of Contractor/Bidder and/or any party retained by Contractor/Bidder to perform the delivery obligations under this contract.

27. Payment Terms

It is the intention of KUA to make payment on completed orders within thirty (30) days, or the time period required by any applicable law, after receiving and if applicable, accepting invoicing unless unusual circumstances arise. Invoices shall be fully documented as to materials/service provided. No payment shall be made on invoices not listing a purchase order number. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if in the opinion of the Procurement Services Division the review, inspection and processing procedures can be completed as to the specific purchases within the specified time.

28. Discounts

Any and all discounts must be incorporated as a reduction in the bid price and not shown separately. The price as shown on the bid shall be the price used in determining award(s).

29. Descriptive Information

Unless otherwise specifically provided in the specifications, all equipment, materials, and articles incorporated in the product/work covered by the agreement are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, or article or patented process, SECTION 1, PAGE 9 OF 17, REV 07102024 by trade name, make, or catalog number shall not be construed as limited competition. If the bidder wishes to make a substitution to the specifications, the bidder shall furnish to KUA the name of the manufacturer, the model number, and other identifying data and information necessary to aid KUA in evaluating the substitution, and such substitution shall be subject to KUA approval. Substitutions shall be approved only if determined by KUA to be equivalent to the specifications. A bid containing a substitution is subject to disqualification if the substitution is not approved by KUA.

Specified items bid shall be identified by brand name, number, manufacturer, and model, and shall include full description information, brochures, or appropriate attachments.

30. Interpretations

Should any bidder have any questions as to the intent of meaning of any part of this bid the question should be directed to the Procurement Services representative of this bid via VendorLink by the Questions/Comments Due Date.

31. "Or Equal" Interpretation

When a particular manufacturer's name or brand is specified along with the words "or equal," bids will be considered on other brands or on the product of other manufacturers.

On all such bids the bidder shall indicate clearly the product (brand and model number) on which they are bidding, and shall supply a sample or sufficient data in detail to enable an intelligent comparison to be made with the particular brand or manufacturer specified.

All samples shall be submitted in accordance with procedures outlined in paragraph labeled "Samples.” Catalog cuts and technical descriptive data shall be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for the bid to be disqualified.

32. Deviations to Specifications

All deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to KUA to the specifications as written. Any deviation from the specifications as written, not previously submitted as required by the above, will be grounds for rejection of the material, equipment, and/or services delivered or performed.

33. Alternatives/Substitutions to Specifications

Any alternatives or substitutions to the attached specification must be clearly delineated, set out, and submitted on the “Statement of Compliance and Exceptions” response form.

SECTION 1, PAGE 10 OF 17, REV 07102024

34. Samples (if required by Bid Form-See Special Instructions)

34.1. The samples submitted by bidders on items for which they have received an award may be retained by KUA until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted.

34.2. Samples not retained must be removed as soon as possible after award has been made on the item or items for which the samples have been submitted.

KUA will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. KUA reserves the right to consume any or all samples for testing purposes.

34.3. Bidders shall make all arrangements for delivery of samples to…