KEYS_Bid_10-25_Specifications_for_Post_Storm_Damage_Assessment_Transmission_and_Distribution_Crews.pdf

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Attached to
Specifications for Post Storm Damage Assessment Transmission and Distribution Crews
Solicitation number
10-25
Issued by
Florida

About this file

This document is a bid specification issued by Keys Energy Services (KEYS), a municipal electric utility in Monroe County, Florida, for post-storm damage assessment transmission and distribution crews. The bid (KEYS Bid 10-25) solicits proposals for emergency support services to assess electrical infrastructure damage following storms, with sealed proposals due electronically by 10:00 a.m. on Friday, May 9, 2025. The contract will have an initial three-year term with potential for two additional one-year extensions. KEYS intends to award multiple contracts to ensure FEMA compliance and availability of qualified vendors during emergency situations, with individual task orders issued for specific emergencies and each task order including a not-to-exceed amount.

The bid requires contractors to provide comprehensive damage assessment services using electronic documentation tools, including an Apple iOS device with GoCanvas and Partner Maps software. Contractors will be responsible for visiting each utility pole, documenting damage details such as pole condition, conductor status, transformer conditions, and guy wire integrity, and submitting real-time electronic reports. Compensation will be based on hourly rates for labor and equipment, with provisions for mobilization, travel time, and per diem expenses following State of Florida rates. The bid includes mandatory requirements for uniform workplace policies, insurance coverage, safety compliance with APPA Safety Manual standards, and various federal contract compliance certifications, including Davis-Bacon Act wage requirements, equal employment opportunity, and background check provisions.

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KEYS_Bid_10-25_Addendum_2.pdf PDF
KEYS_Bid_10-25_Addendum_1.pdf PDF

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Text version

KEYS BID 10-25 SPECIFICATIONS FOR POST STORM DAMAGE ASSESSMENT

TRANSMISSION AND DISTRIBUTION CREWS

CALL FOR BIDS

THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, operator of Keys Energy Services (KEYS), hereby gives notice to prospective bidders that sealed proposals will be received by KEYS electronically until 10:00 a.m. on Friday, May 9, 2025 for:

KEYS BID 10-25

SPECIFICATIONS FOR POST STORM DAMAGE ASSESSMENT TRANSMISSION AND DISTRIBUTION CREWS

KEYS has instituted VendorLink and DemandStar systems to provide current information to potential bidders. These systems will allow you to receive bid information quickly and at your convenience 24 hours a day, 7 days a week. Specifications may be obtained from their websites at www.myvendorlink.com or www.DemandStar.com. Registered vendors will be notified automatically of all Requests for Proposals. You may also visit www.KeysEnergy.com for links and download information for all KEYS bid specifications.

It shall be the sole responsibility of each bidder to have their bid electronically delivered on or before the time for opening proposals last announced to bidders. Emailed proposals will not be accepted. Should a vendor not be able to submit via VendorLink or DemandStar, paper submittals will be accepted. Paper submittals must be received prior to the opening date and time in order to be considered. Paper submittals, if applicable, are to be delivered via FedEx, UPS, or in-person to:

Keys Energy Services Bid Opening Committee – KEYS Bid 10-25 6900 Front Street Extended Key West, FL 33040 Note: This address does not receive US Postal Service.

Any proposal received after the time last announced for opening proposals may be retained by KEYS or returned to the bidder, but such proposal may be rejected as not responsive.

Vendors with questions pertaining to this bid specification must submit them in writing via email to purchasing@keysenergy.com no later than Friday, April 25,2025 at noon. Any questions received after noon on April 25, 2025 will not be addressed.

Each proposal should constitute an offer to KEYS, as outlined therein, and should be irrevocable after the time announced for the opening thereof.

At a meeting of the BID OPENING COMMITTEE to be held virtually on Friday, May 9, 2025 at 10:00 a.m. Proposals will be opened and vendor names will be publicly read aloud.

KEYS reserves the right to reject any or all proposals, to waive irregularities and informalities in any or all proposals, and to separately accept or reject any item, items, bid schedule or bid schedules of the proposal which KEYS deems to be in the best interest of the Utility Board.

Tyler Randolph, Purchasing Supervisor http://www.myvendorlink.com/ http://www.demandstar.com/taf/agencycp.taf?_function=list&A=335 http://www.keysenergy.com/ mailto:purchasing@keysenergy.com

GENERAL

Keys Energy Services (KEYS) is a municipal electric utility supplying power to residents of the lower Florida Keys. KEYS is located in the extreme Southern tip of peninsular Florida, situated in Monroe County, Florida, primarily what is considered the “Lower Keys”, which extends eastwardly from Key West to the east end of the Seven-Mile Bridge. Corporate Offices are located in Key West, Florida at 1001 James Street and the T&D Facility is located on Stock Island at 6900 Front Street Extended, Key West, Florida 33040.

KEYS continually plans and prepares to deal with emergencies, such as hurricanes and other unusual events that can impact its electric systems. When electric systems experience damage from these events, utilities call on other utilities and private entities across the state and the country to assist with utility restoration efforts.

In order to have a plan in place for these emergency situations, KEYS is seeking proposals for post storm damage assessment. The purpose of this agreement is to have a pre-negotiated price and terms in place so that assistance can be provided upon request.

Current contracts will remain active. It is KEYS intent to award as many contracts as possible for the same service to ensure KEYS has FEMA compliant vendors to call on following an emergency.

Individual task orders will be issued for each emergency situation that arises during the contract period. Each task order will include a not to exceed amount. Contractor shall notify KEYS if the not to exceed amount is estimated to be met within one (1) week. Not to exceed amounts will be based on the severity of the situation. KEYS will not be responsible for invoices submitted once the not to exceed amount is met.

KEYS and its representatives have exercised due care in preparing this Request for Proposals (RFP). All information contained herein is believed to be substantially correct. However, bidders should verify information independently if desired. KEYS and its representatives do not guarantee the accuracy of the information contained herein.

SPECIFICATIONS

KEYS shall provide the contractor with system outline maps for contractor use, please reference Attachment 1 for a sample. Contractor shall provide an Apple IOS device with internet capability.

KEYS shall install GoCanvas software, and the Contractor shall install Partner Maps on the Apple IOS device. Partner Maps shall be used to determine pole number and feeder number. Partner Maps will automatically locate device if “location services” are enabled and “follow” is enabled.

The Partner Map application is available in the Apple Store.

Contractor shall visit each pole and document damage to the pole. The information shall be captured in an electronic format using GoCanvas and provided to KEYS. Sample information to be captured at each damaged pole includes:

• Employee Name

• Start time at Pole

• Pole Number

• Feeder Numbers (up to 3 per pole)

• Photo (or photo name) (photo shall be taken and easily referenced to data set)

• Damage categories o Pole Pole down Leaning Pole Pole okay o Conductor/insulators Number of Phases on pole o Conductor status (shall equal number of phases on a pole) Conductors okay (quantity okay) Conductors (conductors damaged) o Insulators Number of Insulators o Insulator status (shall equal number of insulators on a pole) Insulators okay (quantity okay) Insulators damaged (quantity damaged) o Transformers No transformers Quantity of Transformers o Status of transformers No transformer Transformer okay Transformer damaged Transformers on ground o Guys No guys Quantity of Guys o Status of Guys Guys okay Guys loose Guys broken

• End time at pole

Results of inspections shall be provided daily to KEYS contact via email or jump drive.

ATTACHMENTS

• Attachment 1 – Sample System Outline Maps

MOBILIZATION/DEMOBILIZATION

When crews are in route to and from Key West, KEYS shall pay equipment and labor rates.

Labor rates shall be paid at an hourly rate.

KEYS will reimburse meals and lodging using the State of Florida per diem rates.

LABOR

Contractor shall supply pricing for labor. The labor rates shall include the cost of:

• Personal safety equipment, as required by OSHA, and the American Public Power

Association (APPA) safety manual, latest revision.

• Standard tools for maintenance work including personal tools and gear are included in labor rates.

• Standard safety equipment

• Necessary equipment for night work (e.g. spotlights)

• Necessary personal gear for inclement weather (i.e. raingear, winter clothing, etc.)

Labor rates shall be paid at an hourly rate. Crews are expected to take a minimum of 8 hours between work periods.

If KEYS does not provide meals, KEYS will reimburse per diem at the State of Florida rates. KEYS will not reimburse for meals if the Contractor declines meals offered by KEYS.

EQUIPMENT CHARGES

KEYS will only be responsible for paying the hourly rate found on FEMA’s current Schedule of Equipment Rates.

Equipment should not be included in the standard labor price. Since this bid may result in a 5 year contract, the current rates are not included as part of the bid/contract document because they may change during the contract period. Current FEMA equipment rates can be found at:

https://www.fema.gov/media-library/assets/documents/136901

FEMA’s Equipment Rate Code must be included in all invoices.

For every equipment hour charged, the equipment operator’s name must be provided to KEYS.

Since FEMA rates include fuel, fuel supplied by KEYS will be signed for and deducted from contractor’s invoices.

SCHEDULE

As need arises, notification will be made by telephone or email to the person listed as the contact person on your proposal. If you have other employees you would like notified please include their contact information on a separate sheet in your proposal.

DOCUMENTATION

Contractor to provide detailed documentation of labor and material costs listed and summarized by each location where work was performed.

KEYS will provide an excel document to detail this information. The document will require the following information, but is not limited to:

a. Name

b. Position

c. Rate of pay for regular hours

d. Rate of pay for overtime hours https://www.fema.gov/media-library/assets/documents/136901

e. # of regular hours worked

f. # of overtime hours worked

g. Location of work - Pole Number, Address, etc.

h. Detailed description of work

i. Vehicle hours/type of vehicle (if off site work required)

ADDITIONAL CONTRACTUAL DOCUMENTS

During an event, KEYS may activate the contract using a task order. Within the task order, KEYS will establish a not to exceed amount based on the proposed pricing submitted and the emergency situation circumstances.

PROPOSAL CONTENTS & EVALUATION

The proposal should include a description of the firm’s capabilities and experience with providing the requested services, including a description of any special qualifications which are indicative of working familiarity with similar projects.

The proposals will be evaluated. The evaluation criteria will include a variety of considerations, which may include:

a. Experience with similar projects

b. Range and suitability of services provided

c. Project management approach

d. Pricing

e. References

BID SUBMITTAL

Proposals shall be submitted electronically via VendorLink or DemandStar prior to the opening date and time. Emailed proposals will not be accepted. Should a vendor not be able to submit via VendorLink or DemandStar, paper submittals will be accepted. Paper submittals must be received prior to the opening date and time in order to be considered.

Paper submittals can be sent via FedEx, UPS, or In Person to:

Keys Energy Services Bid Opening Committee – Bid 10-25 6900 Front Street Extended Key West, Florida 33040 Note: This address does not receive US Postal Service.

In addition to the Proposal Page, Bidders shall also submit the following:

1. Bidder’s Statement

2. Public Entity Crimes Sworn Statement

3. Drug-Free Workplace Statement

4. Safety Compliance Affidavit

5. Insurance Agent’s Statement

6. Certification Regarding Debarment, Suspension, etc.

7. Certification for Contracts, Grants, Loans, & Cooperative Agreements

8. List of all equipment available during an emergency situation, with FEMA equipment code

ATTACHMENT 1

Sample System Outline Maps

CUS 3

US1 6

BCS 3

BCS 3

BCS 2

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BCS 4

BCS 4

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SW QUARRY APT

SW16307-A

SW16308-B

SW KEY HAVEN

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BIG COPPITT SUBSTATION

13.8 KV ONE LINE

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SWS224

SWS158

SWS223

SWS222

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DOLPHIN

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BCS 5

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BPS 4

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REC

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SWS188

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TSS 3

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WSS 4

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SWS250

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KDS 9

KDS 9

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KWD 2

WSS 2

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SSS 3

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WSS 2

KWD 3

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KDS 9

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SWS60

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SWS71

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SWS98

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SWS101

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SWS110

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SWS203

SWS204

SWS109

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SWS115

SWS112

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SWS113

SWS242

SWS100

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SWS141

SWS186

SWS143

SWS133

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SWS144

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SWS129

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SWS118

SWS514

SWS125

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SWS191

SWS198

SWS120

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SWS117

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SWS136

SWS182

SWS149

SWS61

SWS106

SWS240

SWS241

SWS134

SWS208SWS209

SWS207

SWS132

SWS211

SWS212

SWS131

SWS233

SWS235

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16TH

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20TH

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11TH

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STAPLES

CATHERINE

19TH

SEMINARY

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4TH

BAHAMA

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KEY WEST 13.8 KV ONE LINE

KDS 2 (BOTTOM)

KDS 8

KD

S9

KD

S 10 KDS 5 (TOP)KDS 4

KENNEDY DRIVE SUBSTATION

SWS36

SWS37

SWS134

SWS210

SWS208SWS209

SWS207

SWS132

SWS133

SWS211 SWS212

SWS131

KENNEDY

WSS 2

WSS 3

WSS 7

WSS 4

WSS 5

WSS 6 ( KEYS ENERGY BLDG)

WHITE STREET SUBSTATION

SWS239SWS240

SWS242

SWS241

KWD 3

KWD 2

KWD 4

KEY WEST DIESEL SUBSTATION

SWS50

SWS203

SWS204

GERALDINE

FORT

TSS 2

TSS 4

TSS 2

TSS 3

TSS 4

TSS 5

TSS 4

THOMPSON STREET SUBSTATION

SWS234

SWS232

SWS233

SWS235

SWS120

UNITED THOMPSON

Ü

YELLOW

YE

LLO

W

YE

LL

O W

XWR

2024 Release

REV-0

06-01-2024

GREEN- N.O

SWITCHES

RED- N.C.

XWT

XWT XWT

XWT

XWT

XWTXWT

XWT

XWT

XWT XWT

SSS 3

KDS 9

KDS 5

KDS 4

SSS 2SSS 3 US1 2

US1 2

US1 2US1 3

US13US1 3

SSS4

SSS 4US1 5

SWS145

SWS47

SWS148

US1

SSS

SSS 4

US

1 5

US1 5

US1 5

SWS85

SWS218

SSS 4

US1 6

US1 6

US1 6

XWR

SWSROOS REC

SW SEASIDE

SW SALT PONDS

SWS139

SWS141

SWS143

SWS186

SW OCEAN WALK- 1,2,3,4

SWS237

SW ISLANDER 4

SW ISLANDER 6SW ISLANDER 2

SW16308

SWS182

SSS 3

SWS247

SW GARDEN

VIEW APT

SWS248

SW WRECKERS CAY APTS

SWS44

SWS45

SWS51

SWS90

SWS78

SWS89

SWS159

SWS114

SWS183

SWS146

SWS144

SWS189

SWS181

SWS180

SWS150

SWS149

SW16013

SW16011

SW FKCC

SW HYATT

SW16307

SW15349

SW SHRIMP RD

SW BEACHSIDE

SW KEY HAVEN

SW ISLANDER 3SW ISLANDER 1

SW ISLANDER 5

SW HARBOUR YC

SW GOLF COURSE

SW BANYAN GROVE

SW MERIDIAN WESTSW SHRIMP

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SW SUNSET

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CINDY

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16TH

STOCK ISLAND 13.8 ONE LINE

US1 SUB & SECOND STREET SUB

Ü

YELLOW

YE

LL

O

W

2024 Release

REV-0

06-01-2024

YE

LLO

W

SW221

SWS220

SWS219

SWS39

SWS38

SWS177

SWS217

SWS218

OVERSEAS

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SWS42

SWS43

SWS40

SWS46

SWS41

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SSS 2

SSS 3

SSS 4

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US1 2

US1 6

US1 Substation

US1 5

BCS 3

SWITCHES

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BCS 3

BCS 2

BC

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BCS5

BCS 4

BCS 4

BCS 4

BCS 4

CUS 3

US1 6

SWS224

SWS73

SWS74

SWS76

SWS77

SWS75

SWS156 SWS157

SWS158

SWS223

SWS222

SWS161

SWS78

SW QUARRY APTS

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Ü

BIG COPPITT SUBSTATION

13.8 KV ONE LINE

YELLOW

YE

LL

O

W

2024 Release

REV-0

06-01-2024

YELLO

W

BCS 5

BCS 3

BCS 4

BCS 2

SWS73

SWS224

SWS158

SWS223SWS222

SWS157

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CUS 4

BPS3

BPS 3

BPS 3

BPS 3

BPS 3

BPS 2

BPS 2

BPS 2

BPS 2

BPS 2

BPS 2

BPS 4

BPS 4BPS 3

CU

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BPS 4

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WILDER REC

SWS63

SWS49

SWS79SWS81

SWS195

SWS194

SWS226

SWS227

SWS228

SWS188

SWS173

SWS193

SWS187

SWS171 SWS172

SWS238

SWS80

SWS84

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SH

O

R E

Ü

BIG PINE SUBSTATION

13.8 KV ONE LINE

YELLOW

YE

LL

O

W

YELLO

W

2024 RELEASE

REV-0

06-01-2024

BP

S

BPS 4BPS 2

BPS 5

BPS 2

BPS 3

BPS 4

BPS 2/3 BU

SWS79

SWS81

SWS80

SWS84

SWS226

SWS227

SWS228

XWR XWR

RED- N.C.

SWITCHES

XWTXWT

CUS 4

BPS3

CU

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BCS 4

SW KOA

SWS69

SWS70

SWS171SWS170

SWS164

SWS169

SWS172

SWS238

SW VENTURE OUT 2

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SWS65

SWS66

SWS67

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IM

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N

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1ST

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13.8 KV ONE LINE

YELLOW

YE

LL

O

W

YELLO

W

2024 RELEASE

REV-0

06-01-2024

SWS70

SWS68

SWS65

SWS67 SWS66

CUDJOE

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D A

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CUS 3

CUS 4

CUS 3

CUS 2

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WSS

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WS

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TO SIGSBEE BASE

S. ROOSEVELT REC

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SWS243

SWS148

SWS89

SWS174

SWS244

SWS248

SWS250

TSS 5

KDS 10

KDS 9

KDS 9

KDS 10

SSS 4

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TSS 3

KWD 3

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KDS 10

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WSS 5

WSS 4

WS

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SSS 3

WSS 2

SSS 3

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WSS 5

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WSS 7

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WSS 5

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TSS 4

WSS 2

KDS 9

KWD 4

KDS 10

KDS 5

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WSS 5

TSS 4

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SWS47

SWS50

SWS87 SWS58

SWS60

SWS62

SWS72

SWS71

SWS88

SWS96

SWS92

SWS91

SWS98

SWS95

SWS94

SWS99

SWS93

SWS36

SWS53

SWS52

SWS85

SWS37

SWS59

SWS56

SWS145

SWS146

SWS175

SWS102

SWS105

SWS108

SWS101

SWS192

SWS110

SWS103

SWS203

SWS204

SWS109

SWS236

SWS239

SWS115

SWS112

SWS111

SWS113

SWS242

SWS100

SWS128

SWS184

SWS210

SWS141

SWS186

SWS143SWS133

SWS135

SWS144

SWS139

SWS129

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TERMS AND CONDITIONS REQUIRED FOR PROJECTS ELIGIBLE FOR

REIMBURSEMENT BY FEMA AND/OR THE STATE OF FLORIDA

Costs incurred pursuant to this RFP are anticipated to be eligible for Public Assistance Funding by FEMA and/or the State of Florida Division of Emergency Management. Contractor agrees to be bound by these Terms and Conditions and by all other applicable local, state and federal laws and regulations, which are incorporated herein whether or not specifically enumerated. These Terms and Conditions may duplicate or modify requirements included in KEYS’ General Terms and Conditions. To the extent these Terms and Conditions conflict with KEYS’ General Terms and Conditions, these Terms and Conditions shall control.

1) Remedies

a) If any work performed by Contractor fails to meet the requirements of the Contract, any other applicable standards, codes or laws, or otherwise breaches the Contract, KEYS may in its sole discretion:

i) elect to have Contractor re-perform or cause to be re-performed at Contractor’s sole expense, any of the work which failed to meet the requirements of the Contract;

ii) hire another Contractor to perform the work and deduct any additional costs incurred by KEYS as a result of substituting contractors from any amounts due to Contractor; or

iii) Pursue and obtain any and all other available legal or equitable remedies.

b) This Section shall in no way be interpreted to limit KEYS’ right to pursue and obtain any and all other available legal or equitable remedies against Contractor.

2) Termination—all contracts in excess of $10,000 must address termination for cause and for convenience by KEYS, including the manner by which it will be affected and the basis for settlement. Refer to “Termination of Contract for Convenience” and “Termination of Contract for Cause” provisions in KEYS’ General Terms & Conditions.

3) Changes—the contract will include a provision that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. Refer to “Contract Changes” provision in KEYS’ General Terms & Conditions.

4) Equal Employment Opportunity—required for “federally assisted construction contracts” as defined at 41 C.F.R. § 60-1.4.

During the performance of this contract, Contractor agrees as follows:

a) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The 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, sexual orientation, gender identity, 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. The 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 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

d) 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.

e) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

f) 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 accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the 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 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.

h) Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 Contractor. The 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 Contractor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States.

The Applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The Applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The Applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

5) Davis-Bacon Act and Copeland Anti-Kickback Act

a) Contractor. Contractor shall comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148), as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 and the Copeland Anti-Kickback Act (18 U.S.C. § 874, 40 U.S.C. § 3145), as supplemented by the regulations at 29 C.F.R. Part 3, as may be applicable, which are incorporated by reference into this contract.

Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contactors are required to pay wages not less than once a week.

b) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c) Breach. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

6) Contract Work Hours and Safety Standards Act – applies to all procurements over $100,000 that involve the employment of mechanics, laborers, or construction work

Compliance with the Contract Work Hours and Safety Standards Act, 29 C.F.R. § 5.5 (b)(1)-(5).

a) Overtime requirements. No Contractor or 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.

b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages and interest from the date of the underpayment. 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 watch persons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 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 (5)(a), above.

c) Withholding for unpaid wages and liquidated damages.

i) Withholding Process. KEYS may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime Contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (5) on this contract, any other federal contract with the same prime Contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime Contractor (as defined in § 5.2 of the Contract Work Hours and Safety Act). The necessary funds may be withheld from the Contractor under this contract, any other federal contract with the same prime Contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime Contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the Contractor liability for which the funds were withheld.

ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of the Contract Work Hours and Safety Act, or both, over claims to those funds by:

(A)A Contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(B)A contracting agency for its reprocurement costs;

(C)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a Contractor, or a Contractor's bankruptcy estate;

(D)A Contractor's assignee(s);

(E)A Contractor's successor(s); or (F)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

d) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (e) of this section and a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts. The prime Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (e). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

e) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

i) Notifying any Contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;

ii) Filing any complaint, initiating, or causing any proceeding to be initiated, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

iv) Informing any other person about their rights under CWHSSA or this part.

Further Compliance with the Contract Work Hours and Safety Standards Act.

a) Contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract.

Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work performed;

hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid.

b) Records to be maintained under this provision must be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview workers during working hours on the job.

6) Clean Air Act and Federal Water Pollution Control Act—required for all contracts in excess of $150,000.

a) Clean Air Act

i) 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.

ii) Contractor agrees to report each violation to KEYS and understands and agrees that KEYS will, in turn, report each violation as required to assure notification to the Florida Division of Emergency Management, the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

iii) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

b) Federal Water Pollution Control Act

i) 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.

ii) Contractor agrees to report each violation to KEYS and understands and agrees that KEYS will, in turn, report each violation as required to assure notification to the Florida Division of Emergency Management, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

iii) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

7) Suspension and Debarment

a) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor’s, 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) 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.

c) This certification is a material representation of fact relied upon by KEYS. If it is later determined that 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 KEYS and the Florida Division of Emergency Management, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

d) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, Contractor (referred to herein as the “prospective lower tier participant”) is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its…

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