KEYS_Bid_1226_Specifications_for_CRAC_Unit_Replacement.pdf

KEYS BID 12-26 SPECIFICATIONS FOR CRAC UNIT REPLACEMENT

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, July 31, 2026 for:

KEYS BID 12-26

SPECIFICATIONS FOR CRAC UNIT REPLACEMENT

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 12-26 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, July 17, 2026 at noon. Any questions received after noon on July 17, 2026 will not be addressed.

A mandatory pre-bid meeting will be held on Monday, July 13, 2026, at 9:00 a.m. at the Keys Energy Services Board Room, 1001 James Street, Key West, FL 33040 followed by a visit to the site with the project manager. Proposals received by Contractors not in attendance will be rejected. Please notify Tyler Randolph at Tyler.Randolph@keysenergy.com, if you plan on attending.

Each proposal should be accompanied by a Certified Check or Bid Bond payable to the UTILITY BOARD OF THE CITY OF KEY WEST in an amount not less than five (5%) percent of the amount of the proposal as security.

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, July 31, 2026 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 west end of the Seven-Mile Bridge. Corporate Offices are located at 1001 James Street, Key West, Florida and the Transmission and Distribution (T&D) Facility is located on Stock Island at 6900 Front Street Extended, Key West, Florida 33040.

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 warrant the accuracy of information contained herein.

SPECIFICATIONS

To provide all labor, supervision, materials, equipment, supplies, tools, and incidentals required for the replacement of three CRAC units located at KEYS Service Building, 1001 James Street, Key West, Florida 33040.

Scope of work

1. Demolition, removal, and disposal of three 5-ton Data-Aire CRAC units from server room and roof, inclusive of lines

a. The existing frame on the roof is to be reused to avoid new roof penetrations.

i. Struts that each condenser sit on shall be replaced with stainless steel.

2. Installation of 3 new 5-ton split CRAC units and associated lines, piping and electrical

a. Units must have BACnet MS/TP enabled for communication to JCI Metasys and KEYS SCADA system. Contractors shall be responsible for furnishing all hardware, programming, startup, commissioning, and integration necessary to provide a fully operational system.

b. Units must be controlled and monitored using KEYS’ current JCI Metasys system

i. KEYS’ JCI Account Representative is Miguel Morales, 772-203-8132, miguel.a.morales@jci.com

ii. Controls must be operational before final payment

iii. Any fees associated with JCI will be the responsibility of the Contractor

c. Existing roof penetrations are to be reused and roofing is not to be damaged.

i. Any modification to the roof needs to be approved by the Facilities

Supervisor prior construction. Roofing repairs will be at the expense of the Contractor.

ii. KEYS prefers not to allow any new roof penetration. Current access should be reviewed by each prospective bidder during the site visit.

d. All exterior hardware must be stainless steel, inclusive of struts.

e. All wiring must be in conduit.

f. Fire monitoring to be reconnected and tested.

i. Must be compatible with current gas suppression system.

3. Installation of new control panel designated for the new units

a. Units are to run on a weekly rotation with 2 units on simultaneously

4. Server Room is to always be cooled during construction; only one unit shall be taken down at a time.

mailto:miguel.a.morales@jci.com

5. Provide training on maintenance of new units and logic control of rotation sequence.

Additional requirements

1. Contractor shall be licensed and insured, must provide proof with bid packet.

2. Ensure industry specific, sound construction principles.

3. Contractor shall be responsible for maintaining the site in a clean condition at all times.

a. Dust and debris must be mitigated while working to not affect servers.

4. Contractor shall not unreasonably impede, interfere or delay operations or activities at

KEYS facilities.

a. Server racks must be accessible to KEYS at all times.

5. Successful Contractor must visit the site prior to construction and carefully examine each site location, areas for staging, and means and methods to and from site.

6. Provide all tools, equipment, materials and qualified personnel necessary for the undertakings herein described.

7. Contractor is responsible for disposal of any debris resulting from demolition or construction work.

8. Provide dumpsters, as required, on-site.

9. Provide onsite Project Manager or “Lead” person designated and fluent in the English language to be available by cell phone any time workers are present. KEYS shall not provide any Supervisory oversight to the Contractors employees.

10. Work with the appropriate KEYS Project Manager to schedule the work such that construction occurs in a carefully planned and efficient sequence such as to present minimal disruption of normal KEYS work processes, while ensuring the project moves forward in a focused and timely manner to meet the targeted completion date.

11. Prove competent qualified personnel, and/or for all work undertaken. KEYS shall have the right to remove any Contractor’s employee or sub-contractor’s employee, that in the sole discretion of KEYS does not adequately represent the KEYS public image.

12. Schedule work within the confines of all noise prohibitions as defined by the local, county, or federal agencies.

13. Contractor shall be aware of extreme weather conditions that occur in the Florida Keys, such as hurricanes and unexpected storms. Contractor is responsible for listening to and adhering to weather advisories and updates on pending storms.

Contractor shall adequately secure materials and partially completed work in advance of forecasted storm events. Any damage to property or safety to personnel due to Contractor negligence is the responsibility of the Contractor.

14. At Contractors expense, ensure all structures under construction are properly supported, braced, etcetera to prevent unintended collapsing or catastrophic failure.

Inspection of Work

1. KEYS shall at all times have the right to inspect the Work and the Site. If requested by KEYS, Contractor shall uncover any of the Work for inspection and replace when requested at Contractor’s expense.

2. Contractor and KEYS’ Project Manager shall schedule and participate in a final inspection of the completed project. Any deficiencies found during final inspection shall be promptly corrected by Contractor at no cost the KEYS and to KEYS’ satisfaction.

Work completed without the required inspection may be required to be removed and reinstalled at Contractor’s expense.

Permitting Permitting shall be completed by the awarded contractor. Contractor shall be in compliance of all permits issued and provide a copy of all permits obtained to KEYS.

Deliverables

1. Final plans and specifications, inclusive of equipment drawings

2. Equipment and installation

3. Staff training

4. Commissioning Report(s)

5. O&M manuals for new equipment

6. Warranty certificates for new equipment

SCHEDULE

All work shall be performed during KEYS’ Facilities Section normal hours, which are Monday through Friday from 7:00 AM to 3:30 PM, excluding observed holidays listed below. However, Contractor may work Monday through Sunday from 7:00 AM to 7:00 PM if permitted by local ordinances with prior approval from KEYS’ Project Manager. Approval must be requested 2 weeks prior to scheduled work. Contractors on site after hours must be escorted.

Black Out Dates New Year’s Day January 1st Martin Luther King, Jr. Birthday January, 3rd Monday President’s Day February, 3rd Monday Memorial Day May, Last Monday .

Independence Day July 4th Labor Day September, 1st Monday Columbus Day October, 2nd Monday Veteran’s Day November 11th Thanksgiving Day November, 4th Thursday Day After Thanksgiving November Christmas Eve December 24th Christmas December 25th New Year’s Eve Day December 31st

When a holiday falls on a Sunday, the Monday following shall be considered the holiday.

When a holiday falls on a Saturday, the Friday prior thereto shall be considered the holiday.

ATTACHMENTS

1. Current equipment pictures

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 evaluation criteria will include a variety of considerations, including, but not limited to:

a. Experience with similar projects;

b. Range and suitability of services provided;

c. Proposed equipment;

d. Pricing;

e. References (minimum of 3 with contact information and project summary).

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 before the opening date and time to be considered.

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

Keys Energy Services Bid Opening Committee – Bid 12-26 6900 Front Street Extended Key West, Florida 33040 Note: This address does not receive US Postal Service.

Bidders must submit the following to be found responsive:

1. Bid Bond or Cashier’s Check for 5% of Total

2. Proposal Page

3. Proposed Equipment Specifications

4. Minimum of 3 References with Contact Information, inclusive of email

5. Proposed Schedule assuming August 12, 2026, Utility Board award approval

6. Bidder’s Statement

7. Public Entity Crimes Sworn Statement

8. Drug-Free Workplace Statement

9. Safety Compliance Affidavit

10. Insurance Agent’s Statement

11. Hourly Rates for Labor and Equipment – to be used should additional work/material outside of the scope of work is required

Attachments

Struts to be replaced under condesers

Existing condenser frame to be reused

KEYS ENERGY SERVICES

GENERAL TERMS & CONDITIONS

ADDITIONS/DELETIONS

KEYS reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the best interest of KEYS.

ALTERATIONS IN PROPOSAL

Except as otherwise provided herein, Proposals which are conditional in any way, or which contain erasures or interlineations not authenticated as provided herein, or which contain items not called for, items not in conformity with applicable laws, changes, additions, recapitulations, alternative Proposals, or any other modifications of the Proposal forms which are not specifically called for in the Contract Documents, will be rejected as not responsive unless specifically agreed to in writing by KEYS. Erasures, interlineations or other corrections shall be authenticated by affixing in the margin immediately opposite the correction, the handwritten initials of each person executing the Proposal.

APPLICABLE LAW

This Contract shall be interpreted in accordance with the law of the State of Florida.

ASSIGNMENT

No contract awarded under these terms, conditions, and specifications, may be sold, transferred or assigned in full or part without the written permission of KEYS. Such written permission shall not relieve contractor from its obligations and liabilities.

ATTORNEY FEES

The prevailing party in any litigation or mediation relating to the contract shall be entitled to recover it reasonable attorney fees and costs from the other party for all matters, including, but not limited to, appeals.

BASIS OF AWARD

A. The award will be made by KEYS on the basis of the Proposal from the lowest responsive* responsible**, Bidder which, in KEYS’ sole and absolute judgment, will best serve the interest of KEYS.

B. KEYS reserves the right to accept or reject any or all Proposals, and to waive any informalities and irregularities in said Proposal.

*Responsive Bidder: Any person, firm, or corporation submitting a bid for the work contemplated whose bid form is complete and regular, free of excisions or special conditions and has no alternative bids for any item unless requested in the technical specifications.

**Responsible Bidder: Any person, firm, or corporation submitting a bid for the work contemplated who maintains a permanent place of business, has adequate manpower and equipment to do the work properly and within the time limit that is established, has adequate financial status to meet his obligations contingent to the work and has a history of performance of like contracts (acceptable to KEYS).

C. Evaluation: The lowest evaluated price shall be determined from an analysis which assesses the impact of the contract price, operational and maintenance costs.

BID BOND/CERTIFIED CHECK

Each proposal should be accompanied by a Bid Bond or Certified Check payable to the UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA in an amount not less than five (5%) percent of the amount of the proposal as security.

BID PROPOSAL PRICING

All bid proposals must remain firm for 120 days minimum.

BIDDER QUALIFICATIONS

Please provide this information in your bid response.

CITY/COUNTY LICENSING

For the term of the contract, Contractor shall maintain City of Key West and Monroe County licenses and/or other requirements to work within the City or County limits. Contractor should provide KEYS with a copy of all licenses.

COMPLETENESS OF PROPOSAL

A. Each Bidder shall respond to all items on Proposal Page. When quoting on all items including optional items, bidders shall insert the words

“No Bid” in the space provided for any item for which no offer is made. Failure to do so may result in the Proposal being rejected as not responsive.

B. KEYS will consider alternative, additive, or deductive options with no initial pricing.

C. Each Proposal shall include specific acknowledgment of receipt of all Addenda issued during the bidding period. Failure to do so may result in the Proposal being rejected as not responsive.

D. Each Bidder shall furnish information relating to its experience, facilities, material, equipment and business as is required by the Proposal form. Failure to do so may result in the Proposal being rejected as not responsive.

E. Additional technical data furnished by a Bidder, but not required by the Request for Proposal (RFP), may at KEYS’ option be considered part of the Proposal to the extent that it is supplementary to, is consistent with and not contrary to the RFP.

CONTACT REFERENCES

KEYS contact for bidding requirements and technical specifications: Tyler Randolph, Supervisor of Purchasing, Tyler.Randolph@keysenergy.com or purchasing@keysenergy.com.

CONTRACT DURATION

The duration of the base contract shall be for one year from the date of execution by the Utility Board. KEYS reserve the right to cancel this contract without cause with 30 days written notice and with cause within 10 days.

CONTRACT CHANGES

No changes, over the contract period, shall be permitted unless prior written approval is given by the Utility Board of the City of Key West, Florida. No Contractor shall assign the contract or any rights or obligations there under without the written consent of KEYS. In the event of such approved subcontracting, contractor agrees to provide KEYS with written documentation relative to the Subcontractor(s) employed in this contract.

CONTRACT COMPLIANCE

All contracts are subject to the terms and conditions of the Fair and Accurate Credit Transactions Act of 2003. The said provisions and compliance therewith are expressly made part of the contract and are binding covenants on the party contracting with KEYS.

CONTRACTOR LIABILITY

In the event of default by Contractor, KEYS reserves the right to utilize the next lowest Bidder as the new Contractor. In the event of this occurrence, the next lowest Bidder, if it wishes the award, shall be required to provide the bid items at the prices as contained on its proposal or bid for this specification.

CONTRACTOR’S RESPONSIBILITIES

A. Contractor shall be responsible for all loss, damage, vandalism, theft, etc. for all equipment, tools, materials, etc. left on the job site.

B. Contractor shall be responsible for maintaining the site in a clean condition during installation. Contractor and KEYS at which time the site should be cleaned up will make a final walk down of the sites.

C. Prior to completion of demobilization, Contractor shall remove all construction materials, waste, demolition debris, excess materials, temporary installation, etc. that have not been specifically turned over and accepted by KEYS.

D. Contractor shall be responsible for any and all costs for cleanup of oil or gasoline spills which result from his equipment or from any work performed as part of this contract.

E. Permit violations or environmental damage caused by contractor shall be mitigated or repaired by contractor, at contractor’s expense, to the satisfaction of the governing authority citing such damage.

F. Items discussed in this section are not intended to be all-inclusive of Federal, State, and Local Laws and Regulations. Information is provided as anticipated minimum requirements. Contractor shall be familiar and comply with all requirements of applicable laws and regulations.

G. Contractor will assume total responsibility for materials, delivery to/from job site, installation, and testing of system.

DELIVERY

A. Delivery, inspection and acceptance - delivery, inspections and acceptance will be at destination, F.O.B. Key West as specified in the RFP, KEYS Warehouse, unless otherwise provided. Until delivery and acceptance and after any rejections, risk of loss will be on the Vendor, unless loss results from negligence of KEYS.

B. Notwithstanding the requirements for any KEYS inspection and test contained in the specifications applicable to this proposal, except where specialized inspections or tests are specified for performance solely by KEYS, contractor shall perform or have performed the inspections and tests required to substantiate that the supplies and services provided under this proposal conform to the drawings, specifications and proposal requirements listed herein, including if applicable, the technical requirements for the manufacturer’s part numbers specified herein.

C. Delivery of Excess Quantities – Contractor is responsible for the delivery of each item quantity within allowable variations, if any.

If contractor delivers and KEYS receives quantities of any item in excess of the quantity called for (after considering any allowable variations of quantity) such excess quantities will be treated as being delivered for the convenience of contractor. KEYS may retain such excess quantities without compensating the interests herein. Quantities in excess, will at the option of KEYS, either be returned at contractor’s expense, or retained and paid for by KEYS at the contract unit price.

D. Deliveries – In the event of failure to deliver material of the quality or within the time specified, KEYS may cancel the order and buy elsewhere. Contractor will be responsible for any cost differences encountered in the procurement of materials. Failure of KEYS to exercise this option with respect to any installment shall not be deemed a waiver with respect of future installments, if any.

E. Delivery tickets – All shipments under this agreement shall be accompanied with delivery tickets, or packing slips, in triplicate, which shall contain the following minimum information: name of supplier, purchase order number, date of order, date of delivery or shipment, itemized list of supplies or services furnished, quantity, unit price, and extension of each line item. Upon delivery, the Warehouse will retain a copy of the related delivery ticket.

F. Inspection, Acceptance and Title – Inspection and acceptance will be at destination, unless otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by KEYS in writing.

ENTIRE AGREEMENT

The terms, specifications and/or drawings included in a duly executed contract will constitute the entire agreement between the parties. No modification or waiver of terms of this agreement shall be binding, unless in writing, signed by a duly authorized representative of KEYS.

ERROR IN BID CALCULATION

mailto:Tyler.Randolph@keysenergy.com mailto:purchasing@keysenergy.com

In the event there is a mathematical error in the bid, KEYS will recalculate using the line items and correct the total.

EXECUTION OF PROPOSAL

If a Proposal is made by a partnership, it shall contain the name and address of each partner and shall be executed in the partnership name, followed by the handwritten signature of a partner authorized to execute the Proposal for the partnership. If a Proposal is made by a corporation, it shall be executed in the name of the corporation, followed by the handwritten signature of an officer authorized to execute the Proposal for the corporation, and the printed or typewritten designation of the office he holds in corporation. Another partner of the partnership or official of the corporation shall attest to the authority of the person executing the Proposal. KEYS may require any Bidder to furnish certified copies of extracts of the minutes of meetings of the governing body of the Bidder authorizing execution of the Proposal and Contract Documents.

FORCE MAJEURE

KEYS shall not be liable in any way to contractor as a result of an event, circumstance or act of a third party that is beyond a party’s reasonable control (e.g. an act of God, and act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war and riots).

LITIGATION SEARCH

KEYS reserve the right to conduct a litigation search on contractor’s history of past litigation.

LIQUIDATED DAMAGES

In the event the Scope of Work is not substantially complete on or before June 1, 2027, liquidated damages shall be payable by Contractor to KEYS in the amount of $100.00 per day for each day the Scope of Work is not substantially complete.

The parties recognize that the damages to be incurred by KEYS as a result of delay in completion of the Scope of Work are difficult to estimate at this time and would be difficult for KEYS to prove. The parties intend that the payment of Liquidated Damages set forth above would serve to compensate KEYS for its damages resulting from such delay in completion, and constitutes a reasonable, good faith approximation of such damages. The liquidated damages set forth herein are not intended to, nor shall be construed to, function as a penalty, and shall not preclude other remedies available to KEYS at law or in equity.

MODIFICATION OF PROPOSAL

A modification of a proposal already received will be considered only if the modification is received prior to the time last announced for opening Proposals. All modifications shall be made in writing, executed and submitted in the same form and manner as the original proposal, fax or E-mail.

Phone modifications will not be considered.

NOTICE TO PROCEED

KEYS will issue the successful bidder a Notice to Proceed after the following activities have been completed: 1) the Performance Bond and Insurance Certificates have been received and approved by KEYS, 2) a meeting has been held and issues regarding environmental, lien releases, payment procedures, safety, security, and use of sub-contractor notification were discussed. The successful bidder will be asked to complete the signature to acknowledge receipt of this notice.

OPENING PROPOSALS

At the time and place last announced for opening Proposals, each Proposal which has been received prior to the time last announced for opening Proposals, except those which have been properly withdrawn, will be publicly opened, irrespective of any irregularities or informalities in such Proposals.

KEYS INSPECTIONS/MEETINGS

KEYS will make inspections and/or meetings as deemed necessary to ensure that all work is being performed in compliance with these specifications and guarantees.

PAYMENT

Payment will be made after acceptance of services and materials and within 30 days after receipt of invoice. KEYS will hold 5% retention until 30 days after project completion and final acceptance. Contractor will complete and submit the provided Contractor’s Request for Payment form, prior to any payment of draw request. Contractor’s request for payment shall be accompanied by a breakdown of material and labor associated with that particular request. KEYS does not pay service charges on late payments.

PENALTIES

KEYS reserves the right to increase or decrease quantities shown without penalties.

PERFORMANCE BOND

Within ten (10) days after contractor receives the Notice of Utility Board Approval and prior to the execution of the Contract, contractor shall furnish a Performance and Payment Bond in the form acceptable to KEYS, with corporate Surety satisfactory to KEYS such bond shall insure the full and faithful performance of the Contract, including the payment of faithful performance of the Contract, including the payment of all obligations arising there under, and shall be in an amount equal to (one hundred) 100% of the Total Contract Amount unless otherwise provided in these specifications. Such bond shall further comply in all respects with the laws of the State of Florida.

PERSONNEL

A. The project supervisor must be capable of communicating fluently in English at all times.

B. On a project, the foreman must be capable of communicating fluently in English.

C. All employees of company must be United States Citizens or legally authorized to reside and work in the United States.

D. KEYS may request at any time throughout the contract the following within eight (8) hours:

- Proof of citizenship for all employees

- Proof of employee’s salary is at or above state and federal minimum requirements

- Proof of eligibility to legally work in the United States

POSTPONEMENT OF OPENING

KEYS reserves the right to postpone the date and time last announced for opening Proposals and such postponement may be made at any time prior to the time last announced for opening Proposals. KEYS will give written notice in the form of an Addendum by email to each party to whom Contract Documents have been issued in addition to posting the Addendum on DemandStar, Vendorlink, and Keysenergy.com websites, stating the change in date and time of any such postponement.

PRICES

A. All prices bid shall be firm unless the conditions of the RFP permit price escalation. If an escalation method or indices are specified, the

Bidder shall indicate in its bid the specific items subject to escalation, and shall give the method and indices to be used in computing the amount thereof.

B. The vendor shall provide the proposal price in U.S. dollars only.

PROPOSAL GUARANTEE

A. The Proposal Guarantee shall be the cashier’s check or Bid Bond required in the Notice to Bidders. A bid bond or cashier’s check in lieu of a surety bond in the amount of (five) 5% of the proposal shall be submitted with all proposals. This bid bond requirement is to be used as security and will be returned to bidder after KEYS enters into a Contract with the successful bidder. This (five) 5% shall be based on the total bid price. The bid bond or cashier’s check shall be valid for a period of no less than 120 days after bid opening date.

B. KEYS may reject all Proposals, and in such event, all cashier’s checks and Bid Bonds will thereupon be returned to the Bidders.

C. When a Proposal is accepted, all checks and Bid Bonds will thereupon be returned to the bidders, except for the approved proposal. The cashier’s check or Bid Bond of the approved Bidder will be returned after completion of the requirements in the following paragraph.

D. Within (ten) 10 days after delivery of Notice of Utility Board Approval, or such additional time as is allowed by KEYS, the Bidder shall furnish satisfactory Performance and Payment Bond, Insurance Certificate and Insurance Policies.

PROTESTS

Any bidder who believes he has been aggrieved in connection with the staff recommendation or award of a contract may protest in writing to the KEYS Purchasing Department. The deadline for filing a protest is prior to the commencement of the Utility Board meeting wherein the award is to be considered. It is the responsibility of the bidder to ascertain the bid award information from DemandStar or VendorLink.

Protests shall specifically describe the subject matter and facts giving rise to the protest.

PUBLIC RECORDS ACT

Pursuant to F.S. 119.0701 of the Public Records Act, any request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. Contractors is required to comply with public records laws and upon request by the public records custodian, shall provide a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost not to exceed the cost provided in Ch. 119, F.S. or as otherwise provided by law. A contractor who fails to provide the records to the agency within a reasonable time may be subject to penalties as provided in F.S. 119.10

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT

THE CUSTODIAN OF PUBLIC RECORDS AT:

KEYS ENERGY SERVICES

P.O. BOX 6100

Key West, FL 33041-6100

(305) 295-1067

Gricel Owen Email: gricel.owen@keysenergy.com

PUBLIC ENTITY CRIME CLAUSE

Any person submitting a bid or proposal in response to this invitation must execute the enclosed form FOR 094, SWORN STATEMENT UNDER SECTION 287.133 (3) (a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his bid proposal. If you are submitting as bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copies of the form are executed by them and are included with your bid or proposal. Corrections to the form will not be allowed after the bid or proposal opening time and date.

Failure to complete this form may result in immediate disqualification of your bid or proposal.

QUALITY ASSURANCE PROVISIONS

A system of test and inspection shall be used to insure receipt of the quality and quantity of material(s)/service(s) purchased.

Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier’s invoice shall be reported immediately.

RELEASE OF LIENS

Contractor is to furnish a release of liens for sub-contractual materials and labor prior to each payment. In addition, contractor is to furnish the standard form of “Statement Concerning Claims.”

REJECTION

The Utility Board 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 the Utility Board deems to be in the best interest of the Utility Board.

RETAINAGE

A 5% retainage fee will be applied to all payment requests.

SAFETY AND PROTECTION

Examination of existing facilities: After the Contract is awarded and before commencement of the work, Contractor and KEYS shall make thorough examination of all existing structures and facilities associated with the project.

Safety requirements: Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during the project period. This requirement shall apply continuously and not be limited to normal working hours.

Safety provisions shall conform to Federal and State Departments of Labor, Occupational Safety and Health Act (OSHA), and other applicable Federal, State, County, and Local Laws, Ordinances, Codes, requirements set forth herein, and regulations that may be specified in other parts of these specifications. Where these are in conflict, the more stringent requirement shall be followed. Contractor shall become thoroughly familiar with governing safety provisions and shall comply with the obligations set forth therein.

Contractor shall develop and maintain for the duration of the project, a safety program that will effectively incorporate and implement required safety provisions of the American Public Power Association (APPA) Safety Manual. Contractor is responsible for obtaining the latest edition of the APPA Safety Manual at their expense from APPA at http://www.publicpower.org/topics/landing.cfm?ItemNumber=38512. Contractor shall appoint a qualified employee who is authorized to supervise and enforce compliance with the APPA safety Manual. It is not the responsibility of KEYS to review or police contractor’s implementation of the APPA Safety Manual’s protocols.

SCOPE OF WORK

While KEYS has tried to anticipate all Work required under and during the term of this contract, the parties understand and agree that the Work required herein may require without notice to contractor, the performance of Extra Work or the omission of Work previously required.

KEYS may at any time and without notice to contractor, require changes in the scope of Work under this contract as KEYS may find necessary or desirable. Such changes may include the omission of Work previously required.

A. KEYS shall notify contractor of the change in scope work via Change Order, which shall become part of the Contract Documents.

If a Change Order directs Contractor to omit Work, contractor shall refrain from performing it.

B. Contractor shall perform Extra Work only pursuant to the issuance by KEYS of Change Order. Records of any Extra Work performed by contractor shall be reviewed daily by contractor and KEYS, duplicate copies of accepted records made and signed by both contractor or his representative and KEYS, and one (1) copy retained by each.

SECURITY/BACKGROUND CHECK

KEYS may require successful bidders to supply a complete listing of all individuals that will perform work at the various sites. KEYS may run DMV and mandatory felony and misdemeanor background checks due to security reasons. The successful bidder must expressly agree to the right for KEYS to run the aforementioned checks.

KEYS reserve the right to perform background checks during the entire duration of the contractual agreement. Contractor will advise KEYS immediately of any employee staff changes before they are permitted on-site. Non-compliance of security/background check portion of the bid specifications will result in rejection of the proposal or termination of awarded contractual agreement.

SEVERABILITY

If any of these General Terms & Conditions is determined to be invalid, illegal or enforceable, the remaining provisions of these General Terms & Conditions remain in full force to the extent permitted by law.

SUBCONTRACTORS

Each Bidder shall list on the Proposal form the name of each construction subcontractor who will furnish in excess of 10% of the Project. Failure to do so shall entitle KEYS, at its option, to reject the bid.

SUBMISSION OF PROPOSAL

It is the sole responsibility of each Bidder to deliver its Proposal to KEYS at the place designated for receiving Proposals and prior to the time for opening Proposals last announced to Bidders. Any Proposal received after the time last announced for opening Proposals may be retained by KEYS or returned to the Bidder, but such Proposal shall be rejected as not responsive.

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No proposal shall contain Personal Information, as defined in Section 501.171, Florida Statutes, unless specifically requested in the Specifications. In the event Personal Information is received, KEYS shall take appropriate precautions to prevent the release of such Personal Information. Notwithstanding the foregoing, to the extent allowed by applicable law, KEYS shall have no liability for the release to any third party of Personal Information included within any proposal.

SUPPLIER DIVERSITY

KEYS is committed to providing equal opportunities to Minority/Women Business Enterprises (M/WBEs) as well as all other Suppliers, Consultants, Contractors and Subcontractors who seek to do business with KEYS. KEYS attempts to ensure that qualified M/WBEs are made aware of, have an opportunity to bid on, and are considered on an equal basis with all other qualified bidders for the provision of supplies and services.

TAX

The prices of materials set forth herein shall not include state sales tax or local option tax. KEYS is generally exempt from state sales tax, (sales tax number 85-8012621609C-2), and local option tax. However; any purchases of materials for construction of new electrical transmission and distribution facilities are subject to state sales tax and local option tax.

TERMINATION OF CONTRACT FOR CONVENIENCE

When deemed to be in the best interest of KEYS, any awards or contracts resulting from this specification may be terminated by KEYS, in whole or in part, without cause by the delivery of thirty (30) days written notice. Upon receipt of the notice of termination Contractor shall, except as otherwise directed by KEYS: (1) stop work as specified in the notice; (2) place no further subcontracts or orders; (3) terminate all subcontracts to the extent they relate to the work terminated; (4) transfer title and deliver to KEYS all completed work and any completed or partially completed items which, if the contract had been completed, would be required to be transferred to KEYS; and (5) take reasonable actions as directed by KEYS to protect and preserve property in which KEYS has an interest. With regard to the portion of the award or contract so terminated, KEYS shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination, plus the reasonable costs of settlement of the work terminated including with limitation the performance of the above items, and expressly excluding the amount of any settlements made by Contractor with any subcontractors. Without waiver of any rights KEYS may have in law or at equity, KEYS and Contractor shall negotiate in good faith to reach a settlement with regard to damages incurred by KEYS as a result of the breach and any outstanding sums which may be owed to Contractor for work performed for which payment has not been received.

TERMINATION OF CONTRACT FOR CAUSE

In the event Contractor fails to perform any provision of the contract or award as specified herein, KEYS may terminate any award or contract resulting from this specification, in whole or in part, by the delivery of 10 days written notice of default. Upon receipt of the notice of termination Contractor shall, except as otherwise directed by KEYS: (1) stop work as specified in the notice; (2) place no further subcontracts or orders; (3) terminate all subcontracts to the extent they relate to the work terminated; (4) transfer title and deliver to KEYS all completed work and any completed or partially completed items which, if the contract had been completed, would be required to be transferred to KEYS;

and (5) take reasonable actions as directed by KEYS to protect and preserve property in which KEYS has an interest. Without waiver of any rights KEYS may have in law or at equity, KEYS and Contractor shall negotiate in good faith to reach a settlement with regard to damages incurred by KEYS as a result of the breach and any outstanding sums which may be owed to Contractor for work performed for which payment has not been received.

WARRANTY

A. Contractor warrants to KEYS that the Material and/ Equipment to be furnished under the Contract shall be designed and fit for the purpose specified when operated in accordance with contractor's specific operating instructions or, in the absence thereof, in accordance with generally accepted operating practices; free from defects in material, workmanship, and title; shall meet all specifications, including those relating to performance, contained or incorporated by reference in the Contract; and that the technical direction of installation on KEYS' premises when furnished by contractor shall be performed in a competent, diligent manner in accordance with generally accepted professional practices.

B. The foregoing warranties, except as to title, shall apply to defects or deficiencies occurring within three (3) years from Final Acceptance.

In addition, Contractor shall assign and transfer to KEYS all available manufacturer warranties for equipment furnished under this Contract.

If any manufacturer warranty extends beyond the three (3) year Contractor warranty period, such manufacturer warranty shall remain in effect for its full term. Contractor shall serve as the single point of contact and shall administer all warranty claims on behalf of KEYS at no additional cost during both the Contractor warranty period and any applicable manufacturer warranty. If, however, during the above three (3) year warranty period the Equipment is not available for operation due to a failure to meet such warranties, such time of unavailability shall not be counted as part of the warranty period. The condition of any field tests shall be mutually agreed upon, and Contractor shall be notified of and may be represented at all tests that may be made.

C. If the equipment and materials furnished hereunder does not meet the warranties specified above when it has normal and proper use and maintenance, KEYS shall promptly notify contractor and make the Equipment available for correction. Contractor shall thereupon within a reasonable time correct all defects, including nonconformance with the Engineering Specifications, by either repairing or replacing any defective or damaged parts of the Equipment.

The cost of Labor, Materials and Equipment components directly associated with such repair or replacement of the Equipment, including removal, loading and unloading, transportation to and from the repair site and reinstallation, shall be borne by contractor.

D. Any repaired or replacement part furnished under the foregoing warranty shall carry warranties on the same terms as set forth above for a period of three (3) years from the date of its Final Acceptance of the repair or replacement work, or the remainder of the applicable manufacturer warranty period, whichever is longer.

E. Contractor shall obtain all available written warranties from manufacturers, subcontractors and suppliers of Materials, Labor and Equipment components where such warranties are obtainable and shall deliver the original warranties to KEYS upon project closeout.

Contractor shall coordinate, process, and manager all warranty claims, service requests, repairs, and equipment replacements required under manufacturer warranties at no additional cost to KEYS. Contract shall remain responsible for all labor, supervisor, coordination, and administrative efforts associated with warranty claims throughout the duration of the manufacturer warranty period. All costs associated with warranty service, including troubleshooting, coordination, labor, travel, shipping, removal, reinstallation, and claim administration, shall be the responsibility of the Contractor and shall be provided at no additional cost to KEYS.

F. Neither the final payment, nor any other provision of the Contract, nor partial or entire use of the Material and Equipment by KEYS shall relieve contractor of liability with respect to the warranties referred to in the Contract or any other warranties, express or implied.

WITHDRAWAL OF PROPOSAL

Each Proposal shall constitute an offer to KEYS as outlined therein and shall be irrevocable after the time last announced for opening Proposals.

Any Bidder may withdraw its Proposal by giving written notice to KEYS at the place such Proposals are to be received and at any time prior to the time last announced for opening Proposals. After the time last announced for opening Proposals and until execution of the Contract, no Bidder will be permitted to withdraw its Proposal for a period exceeding 120 days after the time last announced for opening Proposals.

INSURANCE SECTION

INDEMNITY AND INSURANCE REQUIREMENTS

By the signing of this contract and these indemnity and insurance requirements, Contractor agrees to abide by the provisions herein below.

INDEMNITY

Contractor shall indemnify, defend and hold harmless KEYS and its officers, partners, agents, employees and servants from and against any and all claims, judgments, liens, loss, damage, cost, charge or expense, including defense costs, court costs and attorneys' fees, whether direct or indirect, by reason of liability imposed by law or by bodily injuries, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising out of or in consequence of the performance of the Contract, whether such injuries to or death of persons or damages to property are due or are claimed to be due to operations, errors, omissions, or negligent acts of KEYS or any of their officers, partners, agents, employees or servants, excepting only such injuries or damages as shall have been finally determined to have resulted solely from errors, omissions or negligent acts of KEYS or of their officers, partners, agents, employees or servants. Such indemnity shall not be limited by the coverage amounts of any applicable insurance. For this indemnity, the Utility Board of the City of Key West, Florida will pay the sum of ten dollars ($10.00). The bidder shall add this amount ($10.00) to their base bid proposal, which will be included in payment to firm.

INSURANCE REQUIREMENTS

The insurance provided by the Contractor pursuant to this Contract shall apply on a primary basis and any other insurance provided by KEYS shall be excess of, and not contributory to, the insurance provided by Contractor. Contractor shall have the responsibility for the payment of all deductibles under all policies required herein.

During the term of this agreement, except as specifically provided herein, Contractor shall provide and maintain, at his sole cost and expense, insurance in the following types and amounts to cover all work under this agreement, including that done by subcontractors. The maintenance of any insurance shall not limit any liability of Contractor under this contract.

The Contractor shall not commence any work on the contract until he has provided KEYS with proof of coverages required, in the form an original certified Certificate of Insurance properly signed by the authorized agent of the insurance company. The insurance company must be an eligible surplus lines company or a company authorized by the Florida State Department of Insurance to sell the specific insurance required or with respect to Workers' Compensation authorized as a group self-insurer by Florida Statue 440.57. The agent of the insurance company must be licensed to sell the insurance coverages required under this contract. Without limiting any of the other obligations or liabilities of Contractor, the following insurance coverages with indicated limits of liability are mandatory under this contract.