ITB_07-25_Annual_Contract_Switchgears.pdf

/40404/5#61487608 v2

NEW SMYRNA BEACH UTILITIES

200 CANAL STREET

PO BOX 100

NEW SMYRNA BEACH, FLORIDA 32170

ITB #07-25

INVITATION TO BID

New Smyrna Beach Utilities Commission (the “Commission”) is seeking bids from qualified vendors to:

ANNUAL CONTRACT ELECTRICAL SWITCHGEAR PURCHASE

Notice is hereby given that sealed bids will be received Through Vendorlink until 2:30 P.M. on JANUARY 29, 2025, they will be OPENED ONLINE VIA TEAMS at 3:00 P.M. on JANUARY 29, 2023. VENDORS

ARE ENCOURAGED TO ATTEND BY DIALING 1 (872) 216-5903 PIN: 326441399# OR BY

CLICKING THE LINK CONTAINED WITHIN THE ITB

Submit Bids Via

VENDORLINK

To:

Caleb Fisher, CPPB Procurement Supervisor New Smyrna Beach Utilities

(386) 424.3045 Voice

(386) 424.3147 Fax

CFISHER@NSBUFL.COM

mailto:CFISHER@NSBUFL.COM

TABLE OF CONTENTS

Bid Schedule General Terms & Conditions w. Insurance Requirements Certification of Drug-Free Workplace Form Non-Collusion Affidavit of Prime Bidder Form Foreign Country of Concern Attestation…………..……………………………………………..15 Request For Taxpayer Identification Number And Certification W-9 Form Vendor Application Questionnaire References………………………………………………………………………………………..19 Required Disclosure Bid Submittal Requirements Bid Scope of Work Specs Bid Form Statement of No Bid Form Sample Agreement……………………………………………………………………………….34

BID SCHEDULE

January 13, 2025 DISTRIBUTION OF THE INVITATION TO BID

January 20, 2025 DEADLINE FOR FINAL QUESTIONS BY 2:30 P.M.

E-MAIL: CFISHER@NSBUFL.COM

or submit through Vendorlink

January 21, 2025 ADDENDUM PUBLISHED BY 5:00 P.M.

January 29, 2025 BID RETURN DEADLINE BY 2:30 P.M.

LOCATION: ELECTRONICALLY VIA VENDORLINK

https://www.myvendorlink.com/common/searchsolicitat ions.aspx?aid=358

January 29, 2025 BID OPENING ONLINE VIA TEAMS

VENDORS ARE ENCOURAGED TO JOIN ONLINE BY CLICKING ON

THE LINK BELOW OR BY CALLING 872-216-5903 CONF ID 326441399#

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQ1OTBhN2UtZDAxMy00ODAzLTgwYjQtNDFmMTQ3ODYyODdh%40thre ad.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d https://www.myvendorlink.com/common/searchsolicitations.aspx?aid=358 https://www.myvendorlink.com/common/searchsolicitations.aspx?aid=358 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQ1OTBhN2UtZDAxMy00ODAzLTgwYjQtNDFmMTQ3ODYyODdh%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQ1OTBhN2UtZDAxMy00ODAzLTgwYjQtNDFmMTQ3ODYyODdh%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQ1OTBhN2UtZDAxMy00ODAzLTgwYjQtNDFmMTQ3ODYyODdh%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQ1OTBhN2UtZDAxMy00ODAzLTgwYjQtNDFmMTQ3ODYyODdh%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d

GENERAL TERMS AND CONDITIONS

1. INSTRUCTIONS TO BIDDERS: To ensure consideration of your bid, please follow these instructions. Bids not in compliance with conditions specified herein are subject to rejection.

2. SEALED BIDS: An Electronic Proposal must be submitted through Vendor Link by the date and time specified.

3. PREPARATION OF BID: All information shall be entered in ink, typewritten, or produced by computer. It is your responsibility to make certain that unit prices and extended prices are correct.

The Commission will not be responsible for errors or omissions made by the bidder in determining bid price(s). The bid must contain a manual signature of an authorized representative of the agency bidding. In order to ensure uniformity, bids must be submitted on this Bid Form and the attached pages.

4. OBLIGATION OF BIDDER: By submitting a bid, the Bidder covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for or have right to cancellation or relief from the contract because of any misunderstanding or lack of information.

5. BID EXAMINATION: Bidders are expected to examine, when applicable, the drawings, specifications, delivery requirements, performance sites and all instructions to satisfy themselves of conditions affecting cost of performing this contract.

6. FURNISHED ITEMS: No material, labor or facilities will be furnished by the New Smyrna Beach

Utilities unless specifically stated.

7. COLLUSION: The Bidder hereby attests that the prices in this offer have been arrived at independently without consultation, communication or agreement with any competitor for the purpose of restricting competition.

8. PRICE WARRANTY: The Bidder warrants that the prices of the items set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida.

9. COMMERCIAL WARRANTY: The Bidder agrees that the supplies and services furnished under this award shall be covered by the most favorable commercial warranties the Bidder gives any customers for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Commission by any other provision of this award.

10. INSPECTION AND ACCEPTANCE: A duly authorized representative of the Commission will accomplish inspection and acceptance of the supplies/services purchased herein at the designated delivery point.

11. QUESTIONS REGARDING BID: Commission has made every effort to provide prospective vendors with the information needed to appropriately respond to this bid. Commission realizes that some clarification, interpretation, or additional information may be required.

Questions regarding any portion of this bid shall be directed, in writing, to:

New Smyrna Beach Utilities, Caleb Fisher, Procurement Supervisor

CFISHER@NSBUFL.COM

All such requests must be received no later than 2:30 PM, Eastern Standard Time, January 20, 2025. Responses to all requests for more information will be included in any addenda and will be made available to all Bidders on January 21, 2025.

Requests for additional information received after the January 20, 2025, deadline will not receive a response. Responses will not be made orally.

Any additional information pertaining to this Bid or to the services being sought hereunder obtained in a manner other than as described in the preceding paragraph should be regarded as unofficial. Commission will not be bound in any way by information so obtained, or by a Bidder’s reliance thereon.

12. COMMUNICATIONS: Any communication between any potential vendor, service provider, bidder, lobbyist or consultant and any Commission Member, staff member, or consultant of Commission regarding this procurement is strictly prohibited from the date on which the solicitation advertisement appears on the Commission website, VendorLink, or newspaper through the date of contract award. Also, from the date of the filing of any notice of protest of award through resolution for the parties involved in the protest or contract award, whichever is longer. The only exceptions to this are communications with the Commission’ Material Manager or the Commission designated point of contact. Any violation shall constitute grounds for immediate and permanent disqualification of the offending firm and possible debarment or suspension. At the Commission General Manager/CEO and Director of Finance (CFO)’s sole discretion, it may also serve as grounds for the voiding of any Contract with the violator and/or to temporarily or permanently debarring the violator from future work with the Commission. This process will safeguard the integrity of the Commission procurement and protest process and also provide an ethical, equitable, and transparent procurement process.

13. NON-DISCLOSURE: The Commission understands the vendors concerns regarding confidential and/or proprietary information for both participating parties. In response Commission is incorporating the following verbiage into ITB 07-25 ANNUAL CONTRACT SWITCHGEARS Upon receipt by Commission, responses to solicitations become public records subject to the provisions of Florida’s state policy on public records, Section 119, Florida Statutes. If you believe that any portion of your response is exempt you should clearly identify the specific documents for which confidentiality is claimed, and provide specific legal authority of the asserted exemption.

14. INVOICES: All invoices resulting from the award of this bid will be paid within 30 days of receipt of invoice or receipt of goods or acceptance of work performed.

15. E-VERIFY: By [registering as a vendor, submitting a response to this solicitation, entering into a

Contract], you are obligated to comply with the provisions of Section 448.095, Florida Statutes, “Employment Eligibility.” Further, by your [registration as a vendor/response to this solicitation/entering into a contract] you affirm and represent that you are registered with the E- Verify system are using same, and will continue to use same as required by Section 448.095, Florida Statutes. Compliance with Section 448.095, Florida Statutes, includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination [as a vendor, disqualifying you for award of this solicitation, entering into a contract and/or, cancellation of an active contract], or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If terminated for a violation of the statute by the Bidder, the Bidder may not be allowed to do business with the Commission or be awarded a solicitation or contract for a period of 1 year after the date of termination. All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Bidder.

16. PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS

Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the Commission will not request documentation of or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the Commission’s governing body may not give preference to a Bidder based on the Bidder’s social, political, or ideological interests.

17. COMPLIANCE WITH FOREIGN ENTITY LAWS

The company hereby attests under penalty of perjury the following:

A. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes.

B. The government of a foreign country of concern does not have a controlling interest in Entity.

C. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes.

D. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity.

E. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes.

F. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and

692.204, Florida Statutes.

G. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes.

18. BID FORM: A Bid Form is provided and a completed original and one duplicate copy shall be returned in a sealed envelope properly marked with Bid number and acknowledgment of receipt of addenda where applicable. It is incumbent upon each bidder to ensure that they have received all addenda before submitting their bid.

19. BID OPENING: Bids will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the request for bid. It is the Bidder’s sole responsibility to assure his/her bid is delivered at the proper time and place of the bid. The Commission will not be responsible for late deliveries or delayed mail. Bids delivered after the time specified shall not be considered; such bids shall remain unopened.

20. QUOTING PRICES: Carelessness in quoting prices or in preparation of bid otherwise will not relieve the Bidder. Bidders are expected to examine specifications, delivery schedule, extensions, and all terms and conditions in the bid documents. Bids having erasures or corrections must be initialed in ink by the Bidder. In the event of an extension error(s), the unit price will prevail.

21. AMENDED OR WITHDRAWN BIDS: Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments will only be accepted in the form of a new bid package.

The Bidder must pick up the original bid package and submit an amended sealed bid prior to the bids closing date and time. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered.

22. PUBLIC ENTITY CRIMES: Under Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0l7, Florida Statutes, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. See Attachment “A.”

23. CONSIDERATION OF BIDS: The Commission reserves the right to award the contract to the

Bidder(s) that the Commission deems to offer the best overall bid. The Commission is therefore not bound to accept a bid on the basis of lowest price. In addition, the Commission at its sole discretion, reserves the right to cancel this Bid, to reject any and all bids, to waive any and all informalities and/or irregularities, to re-advertise with either the identical or revised specifications, or not award a contract at all if it is deemed to be in the best interest of the Commission to do so.

The Commission also reserves the right to make multiple or split awards if it is deemed to be in the Commission’s best interest. The Commission shall not be responsible for any cost or expense incurred by the Bidder in preparing or submitting a bid or any cost prior to the execution of a contract agreement.

24. TIE BID: In the event of a tie bid where quality and service are equal; a preference is given to vendors submitting, with the proposal, a certification of a drug free workplace in accordance with Section 287.087, Florida Statutes. Where tie bids are between bidders, one of which is located in Volusia County and the other bidder is not, the recommended award shall be to the local bidder. Past Performance-Consideration will be given to a vendor based on previous history and performance on similar Commission projects or requirements. Delivery availability or completion period. Capacity to perform in terms of service availability, facilities, personnel or financial availability. Closeness to delivery point. If all conditions are equal, a flip of a coin, with two witnesses present, shall be the deciding factor.

25. SUBMITTING BIDS: Bids shall be addressed and mailed or delivered as specified on page one

(1) to 200 Canal St. New Smyrna Beach, Florida 32168.

26. NO BID: In the event an Invitation to Bid is returned as a no bid, “NO BID” shall be properly marked on the outside of the envelope with the bid number.

27. REJECTED BIDS: The Commission reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.

28. FAILURE OF THE CONTRACTOR TO DELIVER: Failure of the contractor to deliver within the time specified, or within a reasonable time as interpreted by the Commission or failure to make replacements of rejected articles as directed, shall permit the Commission to purchase on the open market articles of comparable grade to take the place of those rejected or not delivered. On all such purchases, the contractor shall reimburse the Commission, within a reasonable time specified by the Purchasing Authority, for any expenses incurred in excess of the defaulted price. Payments due the contractor by the Commission may be withheld until reimbursement is received.

29. BRAND OR TRADE NAMES: When brand or trade names are used in the bid invitation, it is for the purpose of item identification and to establish standards for quality; style and features. Bids on equivalent items will be considered unless items are noted as no substitutes. Equivalent bids must be accompanied by descriptive literature and/or specifications to receive consideration.

Demonstrations and/or samples may be required and shall be at no charge to the Commission. The Commission reserves the right to determine if bid goods are equivalent to specified goods.

30. AWARDS: Awards shall be made as required for the best interest of the Commission. The right is reserved to make award(s) by individual items, group of items, all or none, or any combination thereof, with one or more suppliers.

31. NON-WARRANTY OF SPECIFICATIONS: Due care and diligence have been exercised in the preparation of this Bid and all information contained herein is believed to be substantially correct.

However, the responsibility for determining the full extent of the exposures shall rest solely with the provider. Neither the Commission nor its representatives shall be responsible for any errors or omission in this Bid nor for the failure on the part of the bidder(s) to determine the full extent of exposures.

32. BID AWARD: Award is expected to be made to the Bidder who best meets the requirements of

Commission considering responsibility, responsiveness and price. A written contract and/or purchase order detailing agreed terms will be rendered between the Commission and the agency achieving a successful proposal. Terms of the contract will include any and all items as specified in the bid, plus mutually agreed terms and conditions.

33. CLARIFICATION: The Commission reserves the right to request clarification of information submitted and to request additional information of one or more Bidders, if needed.

34. OTHER AGENCIES: All respondents awarded contracts from this solicitation may, upon mutual agreement, permit any municipality or other government agency to participate in the contract under the same prices, terms and conditions. If the period of time is not defined within this solicitation, the prices, terms and conditions shall be firm for 120 days from date of award. It is understood that at no time will any city or municipality or other agency be obligated for placing an order for any city municipality or agency, nor will any city municipality or agency be obligated for any bills incurred by any other city or municipality or agency. Further it is understood that each agency shall issue their own purchase order to the awarded respondent(s).

35. INSURANCE: Except as otherwise specified in this contract, the Bidder and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverage with limits set forth below with insurers and under forms of policies satisfactory to Commission. It shall be the responsibility of the Bidder and its subcontractors to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the Bidder and its subcontractors to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation.

COVERAGE MINIMUM AMOUNTS AND LIMITS

Worker’s Compensation Statutory requirements at location of work Employers Liability $500,000 Each Occurrence $500,000 Disease Aggregate $500,000 Disease Each Employee

General Liability $2,000,000 General Aggregate $1,000,000 Products-Comp Ops Agg $1,000,000 Personal & Adv Injury $1,000,000 Each Occurrence $50,000 Damage to Rented Premises $5,000 Medical Expense

Automobile Liability $1,000,000 Combined Single Limit

Professional Liability $1,000,000 If Applicable

The Bidder and its subcontractors shall furnish to the Commission such Certificates of Insurance or endorsements required by the provisions set forth herein, which Certificates of Insurance shall name the Commission as Additional Insured. All Certificates of Insurance must be provided by an acceptable insurance carrier to the Commission and that the carrier should have no less rating than A - X by A.M.

Best and Company. Commission reserves the right to accept or decline carrier coverage.

36. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY:

The provisions of Section 768.28, Florida Statutes, applicable to the Commission apply in full to this contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the Commission acting within the scope of his/her office or employment are subject to the limitations specified in this statute.

No officer, employee, or agent of the Commission acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered as a result of any act, event or failure to act.

The Commission shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

To the fullest extent permitted by law, the vendor shall defend, indemnify, and hold harmless the Commission, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney’s fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the vendor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the Commission.

Provided, however, if the contract between the Commission and the Bidder is deemed by a court of competent jurisdiction to be a construction contract for purposes of Section 725.06, Florida Statutes, any obligation of the Bidder to defend, indemnify or hold harmless the Commission, shall be limited to an obligation to indemnify or hold harmless the Commission, its officers and employees from liability damages, losses, and costs, including but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the contractor and persons employed or utilized by the Bidder in the performance of the contract.

37. WARRANTY AND ACCEPTANCE: All material shall be new and workmanship shall be first class in every respect. The work shall be subject to inspection and acceptance by Commission.

Bidder guarantees its work hereunder for a period of twelve (12) months after completion and acceptance of the work unless otherwise set forth herein. In the event Commission discovers defects in material or workmanship at any time before the expiration of the specified warranty period, Bidder shall, upon written notice from Commission, repair or replace at its sole expense any such defects.

Commission may perform such repairs or replacements by other reasonable means and Bidder agrees to pay for such corrective measures. Neither acceptance of the work by Commission nor payment shall relieve Bidder from liability under the indemnity clause or any of the guarantees or warranties contained or implied herein.

38. CHANGES: Commission may, at any time, direct in writing additions, deletions or changes to all or any part of the work. If any such changes cause an increase or decrease in the cost of or in the time required to perform such work, Bidder shall submit detail information substantiating such claims and an equitable adjustment shall be made to the price or time of performance.

39. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE CONTRACTING

ENTITY/LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR

OTHER ELECTED OFFICIALS: No member or employee of the contracting entity/local jurisdiction or its designees or agents; no member of the governing body; and no other public official of the Commission who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Bidder shall cause to be incorporated in all subcontracts, the language set forth in this paragraph prohibiting conflict of interest.

40. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any Commission employee to participate directly or indirectly in a procurement contract when the Commission employee knows that:

(1) The Commission employee or any member of the Commission employee’s immediate family has a financial interest in the procurement contract; or

(2) Any other person, business, or organization with whom the Commission employee or any member of a Commission employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract.

A Commission employee or any member of a Commission employee’s immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest.

41. GRATUITIES AND KICKBACKS:

(1) Gratuities. It shall be unethical for any person to offer, give, or agree to give any Commission employee or former Commission employee, or for any Commission employee or former Commission employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity Commission in any proceeding or application, request for ruling, determina-tion, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

(2) Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub-contractor or any person associated therewith, as an inducement for the award of a subcontract or order.

(3) Contract Clause. The prohibition against gratuities and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and solicitation, therefore.

CERTIFICATION OF DRUG-FREE WORKPLACE FORM

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs.

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

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

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

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

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

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

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

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

BIDDER SIGNATURE

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER FORM

State of______________

County of____________

_____________________________, being first duly sworn, deposes and says that:

He/she is ______________of__________________, Bidder that has submitted the attached Bid;

He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Commission.

The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed

Title

Subscribed and sworn to before me this _____ day of________, 20___.

Title

My COMMISSION Expires: ___________

FOREIGN COUNTRY OF CONCERN ATTESTATION

This form must be completed by an officer or representative of the entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with Commission (the Governmental Entity), which would grant the entity access to an individual’s Personal Identifying Information. Capitalized Terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.

Bidder is not owned by the government of a Foreign County of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in Bidder.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Date: ____________________, 20___ Signed: _________________________

Entity: _______________________ Name:___________________________

Title: ___________________________

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri nt o r ty p e.

S ee S p ec if ic

In st ru ct io n s on p ag e 3.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions

4 Exemptions (codes apply only to certain entities, not individuals;

see instructions on page 3):

Exempt payee code (if any)

Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any)

(Applies to accounts maintained outside the United States.)

5 Address (number, street, and apt. or suite no.). See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they

Cat. No. 10231X Form W-9 (Rev. 3-2024)

VENDOR APPLICATION

In addition to General conditions, your Bid may be disqualified if the following vendor information is not returned with your Bid.

Vendor is:

( ) Corporation ( ) Partnership ( ) Sole Proprietorship ( ) Other ________________________________________________ (Explain)

Federal Employer Identification Number or Social Security Number: _________________________________

Do you collect Florida State Sales Tax? ( ) Yes ( ) No

Firm Name: ______________________________________________________

Mailing Address: __________________________________________________

Telephone No. _______________________ Fax No. ____________________

Email Address: ____________________Web Address:____________________

Commodity or Service Supply: ________________________________________

If vendor is quoting, as a manufacturer’s representative and the purchase order should be addressed to the manufacturer in care of the vendor, so indicate.

If remittance address is different from the mailing address so indicate below.

Firm Name: ________________________________________________________

Mailing Address: ____________________________________________________

Submitted by: _______________________________________________________

Name & Title Printed: _________________________________________________

QUESTIONAIRE

Additional space may be required. Please answer questions in the order presented. All questions must be answered or contractor may be disqualified.

1. Has your company ever been denied insurance or had insurance canceled?

2. Is your company bondable? Has your company ever been denied bond?

If yes, explain.

3. Can your insurance company produce a certificate of insurance stating your limits and naming Commission as an Additional Insured?

4. Since January 1, 2020, has your company been a defendant in any lawsuits?

5. Is your company a subsidiary or otherwise legally affiliated with any other company?

6. Is your company rated by Dunn & Bradstreet or any other rating agency?

If yes, what is the name of the agency and rating?

7. Is your company in any stage of bankruptcy, including initial filing?

8. Has your company been disbarred by the Federal Government or any State Government?

REFERENCES

Provide the business names, contact persons and telephone numbers of three (3) references for which the firm has provided the services described in this ITB. Include relationships with utility and governmental agencies. A minimum of five (5) years in business is REQUIRED. It is our intent to contact these references during the award process. Award of this contract will be based on price AS WELL AS

REFERENCES AND EXPERIENCE.

1. Name of Company: ___________________________________ Address: ____________________________________________

Point of Contact: _____________________________ Phone Number: ______________________________ Dates of Service: _____________________________

Service(s)Provided:______________________________________________________________

2. Name of Company: ___________________________________ Address: ____________________________________________

Point of Contact: ______________________ Phone Number: _______________________ Dates of Service: ______________________

Service(s)Provided:______________________________________________________________

3. Name of Company: _______________________________ Address: ____________________________________

Point of Contact: _____________________________ Phone Number: ______________________________ Dates of Service: _____________________________

Service(s)Provided:______________________________________________________________

REQUIRED DISCLOSURE

At its sole discretion, the Commission may reject any bidder the Commission finds to lack, or whose present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The discretion of the Commission may be exercised based on the Commission own investigation, public records, or any other reliable sources of information. By submitting a bid, Bidder recognizes and accepts that the Commission may reject the bid based upon the exercise of its sole discretion and bidder waives any claim it might have for damages or other relief resulting from the rejection of its bid based on these grounds.

BID SUBMITTAL REQUIREMENTS

Bids shall include all of the information solicited in this ITB, and any additional information that the Bidder deems pertinent to the understanding and evaluating of the bid. Bids shall be organized and sections tabbed in the following order. The Bidder should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. All bids shall include, at a minimum, the following information.

Failure to supply all of the information requested shall result in the bid being excluded from consideration.

The Commission reserves the right to request information or clarification from bidders following the bid opening if omissions are deemed curable.

TAB #1 Experience: Provide a profile showing company history, business structure, and a list of principals. A minimum of five (5) years in business is required.

TAB #2 References: Submit a detailed list of clients receiving similar services within the last two (2) years. Please include a brief description of the scope of work performed and the name, phone number and email address of the contact person.

TAB #3 Pricing: Complete, sign and submit the Bid Tabulation and Bid Form.

TAB #4 Completed Forms: Complete forms: Certification of Drug Free Workplace, Non-Collusion Affidavit of Prime Bidder Form, Foreign Country of Concern Attestation, Request for Taxpayer Identification Number and Certification W-9 Form, Vendor Application, Questionnaire, References, Required Disclosure.

TAB #5 Addenda Acknowledgement:

Please submit all addenda (if any) related to this bid here.

TAB #6 Questionnaire:

The Questionnaire responses requested should be submitted here.

TAB #7 Other Information:

In this section include:

Other information specific to the solicitation

BID SCOPE OF WORK

The Commission is seeking Quotations from Authorized Distributors to provide the following:

BACKGROUND

The New Smyrna Beach Utilities operates an electric utility servicing approximately 30,000 customers. The Utilities is soliciting qualified vendors to provide switchgears to meet its needs.

AWARD

For the determination of the award of business, the Utilities will consider both price and lead-time for vendors meeting specifications as provided. NSBU may award a “primary” and “Secondary” vendor for these purchases.

STOCKING

NSBUFL does not currently require Vendors to stock Switchgears. This is subject to change and may be done at an agreed upon rate.

PRICING/TERMS

Quarterly Pricing updates are to be emailed to Procurement Supervisor and will be approved within one-week of submittals. Time of Shipment pricing will be accepted with prior notification. Terms of this contract are one (1) year with the option to renew for three (3) additional one (1) year periods.

SWITCHGEAR DELIVERY

All switchgears shall be palletized, side loaded, and delivered on an open type flat bed trailer. Twenty four (24) hours notice is required prior to delivery of the switchgears by calling (386) 424-3045 between the hours of 7:30 a.m. and 3:00 p.m. weekdays.

All switchgears will be delivered FOB New Smyrna Beach, Florida. All shipping and handling costs shall be included in the unit cost quoted.

DRAWING SUBMITTALS

Bidders shall submit switchgears construction drawings for all switchgears being quoted for the bid.

WARRANTY

The Vendor/Manufacturer shall warrant its switchgears to meet guaranteed performance, and to operate continuously, without failure, for a minimum of 12 months from the date the switchgear is placed into service by

NSBU

During the warranty period, should a mechanical or electrical failure occur in the switchgear, the selling entity (Vendor/Manufacturer) shall be responsible for coordinating and/or providing parts and service to repair or replace failed switchgear or affected components at no additional cost to NSBU. Such service shall commence within 5 working days of vendor receipt of written notice from the Commission of switchgear failure.

The Vendor/Manufacturer will warrant and service all components of the switchgear regardless of manufacturing origin.

NSBU SPECIFICATION

25 kV TYPE

PADMOUNT DEAD FRONT

AIR INSULATED SWITCHGEAR

I. GENERAL

A. This specification covers the requirements for furnishing and delivering all configurations of

25kV rated padmounted deadfront air insulated switchgear. The interrupter switches and fuses shall be enclosed within an inner air insulated grounded stainless steel compartment typical for

Florida environment and for electrical isolation and protection from contamination and animals.

B. This switchgear is intended for use in 60 hertz, three-phase, 25 kV underground distribution systems.

C. Switchgear will be used for sectionalizing and protecting underground distribution express feeders, subloops, and lateral as well as switching and protecting transformers. These specifications will apply to all switchgear configurations.

D. Switchgear shall be designed for outdoor installation and operation.

E. It shall be the responsibility of the manufacturer to ensure compatibility among all components of the switchgear.

F. Manufacturer shall be solely responsible for the performance of the basic switch components as well as the complete integrated assembly as rated.

G. Upon request, manufacturer shall provide sufficient notice to allow representatives to inspect the switchgear during manufacture, and to witness any or all tests performed on it.

H. Only Federal Pacific and S & C are approved for bidding. Switchgear configuration(s) will be specified in bid document.

II. STANDARDS

A. Except as modified by this specification, the switchgear furnished shall comply with the material and testing requirements of the latest revisions of all applicable ASTM, ANSI, IEEE, and NEMA standards.

III. RATINGS

A. The switchgear will have the following ratings:

❖ Nominal voltage 25kV

❖ Maximum design voltage 27kV

❖ Basic Impulse Level (BIL) 125kV

B. The main bus and solid compartments shall have the continuous current rating of 600 amps.

C. Each fuse mounting and/or protected compartment shall have a maximum continuous current rating of 200 amps.

D. The interrupter switches shall have continuous current ratings of 600 amps and live switching ratings of 600 amps. The interrupter switches shall have a two-time fault closing duty cycle of

25,000 amps RMS asymmetrical at 25 kV.

E. Interrupter switches and buses shall have a momentary current ratings of 25,000 amps RMS asymmetrical.

IV. ENCLOSURE

A. General

1. Switchgear cabinet shall of unitized construction (not structural frame and bolted sheet).

Outside cabinet dimensions (footprint) are 88in.x 84in.

2. Cabinet, doors, metal dividers shall be 304L stainless…