KEYS_Bid_2226_Specifications_for_Secondary_Easement_Pole_Replacement_Project.pdf

KEYS BID 22-26 SPECIFICATIONS FOR SECONDARY EASEMENT POLE RELOCATIONS

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, October 23, 2026 for:

KEYS BID 22-26

SPECIFICATIONS FOR SECONDARY EASEMENT POLE RELOCATIONS

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 22-26 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, October 9, 2026 at noon. Any questions received after noon on October 9, 2026 will not be addressed.

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, October 23, 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

KEYS BID 22-26 SPECIFICATIONS FOR SECONDARY EASEMENT POLE

RELOCATIONS

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.

SCOPE

KEYS is seeking proposals from qualified and experienced electrical distribution contractors to perform pole installation and associated electrical distribution work as described in these specifications and the reference documents. KEYS anticipates awarding this bid in December 2026. KEYS expects project completion by December 31, 2028.

• The project consists of the installation of approximately 151 distribution poles throughout KEYS’ 13.8 kV distribution system. KEYS will furnish the poles and distribution line material. KEYS estimates that approximately 145 customer service drops will require relocation following construction of the new facilities. Details on locations and project requirements are within the attached documents. Work is anticipated to occur during 2027 and 2028. KEYS will allow 2-4 crews to work on this project at one time. KEYS poles are designed to meet extreme wind loading as specified in the NESC. As such the poles are to be embedded at 7 feet + 10% of pole height. Pole holes are to be back filled with crushed rock.

KEYS is seeking proposals from experienced contractors to construct new front-street primary facilities using ductile iron poles on an energized 13,800-volt (phase-to-phase) distribution system. The scope includes removing customer service drops from rear easements, installing new secondary service drops, and transferring ("swinging") service drops to new facilities within front-street rights-of-way (ROW), where customer facilities allow. All work, including pole replacement and installation, will be performed on or near energized primary lines.

The Contractor shall provide qualified independent crews to perform work throughout KEYS’ service territory. Each crew is anticipated to consist of approximately three (3) personnel, with at least one crew member possessing the required Maintenance of Traffic (MOT) certification.

Because the work will be priced on a fixed price-per-pole basis, the Contractor shall determine the appropriate crew composition and means and methods necessary to safely and efficiently perform the work. In addition to onsite crews and foremen, a project manager shall be assigned.

The project manager shall be responsible for the overall quality and schedule. The project manager shall provide weekly progress updates to schedule, work projections for upcoming weeks, schedule milestones and goals.

PRICING

Proposers shall provide a fixed price per pole installation for each pole identified on the attached pricing schedule. The proposed pricing shall include all labor, supervision, equipment, transportation, overhead, and other costs necessary to perform the work, except for materials specifically identified as being furnished by KEYS.

BASIS OF AWARD

Proposals will be evaluated in accordance with the evaluation criteria established in the RFP. KEYS intends to award the contract to the responsive and responsible Proposer whose proposal is determined to provide the best overall value to KEYS, considering qualifications, experience, project approach, ability to meet the required schedule, safety record, pricing, and any other criteria identified in the RFP. KEYS reserves the right to negotiate with the highest-ranked Proposer and to make an award in the best interest of KEYS.

WORK EXPERIENCE

Proposers shall provide a list of similar projects completed within the past five (5) years, including project description, customer/utility name, contact person, contact information and any other information demonstrating experience with projects of similar size, scope, and complexity.

Proposer shall also provide the firm’s safety history.

MATERIALS

KEYS will furnish the poles and all line materials required for the completion of this project.

The Contractor shall furnish all labor, supervision, equipment, tools, transportation, consumables, and incidental materials necessary to complete the work unless otherwise expressly stated.

POLES

KEYS will separately contract with a pole supplier for the manufacture of the ductile iron poles required for this project. Poles will be delivered in accordance with an established release schedule. Each delivery is anticipated to consist of approximately thirty (30) poles.

POLE DELIVERY

The awarded Contractor shall provide KEYS and the pole manufacture with a two-week look-ahead delivery schedule each Friday identifying the poles anticipated to be required during the following fourteen) calendar days.

The Contractor shall also maintain an eight-week look ahead sequence schedule identifying anticipated future pole requirements. The purpose of the look-ahead schedule is to assist KEYS and the pole manufacturer with fabrication, sequencing, and delivery planning.

Successful pole delivery will require ongoing coordination among KEYS, the Contractor, and the pole manufacture. The Contractor shall be responsible for timely communication and coordination regarding anticipated pole requirements and delivery needs.

Subject to availability and prior approval by KEYS, The Contractor may be permitted to store poles at a KEYS-designated site. The contractor shall be responsible for unloading and handling the poles at its own expense.

INITIAL STOCK OF POLES

Prior to mobilization, KEYS’ Project Manager and awarded Contractor shall develop an initial inventory requirement to support approximately six (6) to eight (8) weeks of anticipated work.

The Contractor shall provide the sequencing and scheduling information necessary for KEYS to coordinate fabrication and delivery with the pole manufacturer and to make the poles available for shipment in advance of anticipated need.

All poles installed under this Contract will be ductile iron poles with anticipated weights ranging from approximately 1,000 lbs. to 3,500 pounds.

EQUIPMENT

The following equipment list is provided as a general indication of the equipment anticipated to perform the work and is not intended to prescribe the Contractor’s exact crew composition or means and methods. It is the contractor’s sole responsibility for providing sufficient qualified personnel, equipment, tools, and resources necessary to safely perform the work in accordance with the Contract documents, applicable utility standards & safety requirements.

o One (1) pick-up truck o Two (2) 55’ min. (working height) bucket trucks with material handlers o One (1) auger truck/boom o One (1) pole trailer o Hand tools: Anderson tools, concrete saw for sidewalks, pole gin, capstan hoist, blocks, digital voltmeter, load buster, generator, tamp, anchor buster, rotation meter, phasing stick, transformer dolly, spoon & spade -dead man Pole number tools for installation o Required Safety and Traffic Control Equipment as required by FDOT for maintenance of traffic (MOT).

o Basic tree trimming equipment (chainsaw, pole saw, bow saw) o Required equipment to install primary conductor o Jackhammer or other tools to sawcut sidewalks for pole installs o Equipment for installing Manta-Ray and standard anchors/guys

The Contractor shall provide a general supervisor/foreman on site at all times while work is being performed to oversee the two (2) to four (4) crews, coordinate customer related issues, and assist with system and project planning. All cost shall be included in your proposed pole pricing.

The Contractor shall provide equipment capable of safely performing, at minimum, the following:

o Transportation of ductile iron poles weighing up to 3,500 lbs.

o Associated pole framing material o Lifting transformers o Hand digging holes for poles (when applicable per scope) o Pulling conductor o Remove old “stub poles”

NOTE: KEYS is a customer service-oriented utility. The Contractor shall provide a working supervisor/foreman who is fluent in English and able to communicate professionally with the public, co-workers, KEYS personnel and other project stakeholders in a professional manner at all times. The supervisor/foreman shall assist in coordinating work, obtaining underground utility clearances, scheduling outages, and coordinating pole requirements and deliveries.

TECHNICAL SPECIFICATIONS

The contractor shall be required to set ductile iron poles as required by the Contract Documents.

Proposers are advised that some of these poles may be in areas with limited vehicle access.

• The contractor shall be responsible for re-obtaining and coordinating all required pole-setting clearances with other underground utilities through the State of Florida’s “one call system” (811), and for maintaining such clearances throughout the work.

• The contractor shall be responsible for transferring KEYS facilities including transformers, customer overhead secondary’s, streetlights, switches, capacitor banks, etc. from existing poles to new poles set by the Contractor, and for topping existing poles to just above other communication utilities. The Contractor will not be responsible for transferring communication facilities; however, the Contractor will be responsible for the transfer of KEYS’ fiber lines as stated on the work scope spreadsheet. Applicable communication companies are responsible for transferring their facilities.

• The Contractor will be responsible for the installation of new KEYS pole identification numbers from existing poles to new poles when applicable, this labor cost shall be included in the pole cost (KEYS will provide material).

• The Contractor shall also include in pole price the installation of grounding/guys/anchors as stated on the spreadsheet that details the work scope.

• The Contractor is required to have their own truck to truck radio communication. Only one (1) KEYS radio will be provided by KEYS to each crew to communicate with KEYS’ Control Center. KEYS will provide up to four radios for up to four crews. If the Contractor has more than four crews, the contractor will be responsible for the cost to purchase additional radios. The Contractor shall return KEYS radios in good working order at the end of this contract. The Contractor is responsible for the cost of repair or replacement of any radios lost or damaged. The Contractor must conform to KEYS radio procedures for work crews being in service, out of service, crew work locations, and Single-Shot Reclosing one-time call-ins.

• The Contractor may be required to saw cut sidewalks into a square for installation of new poles and patch with concrete around the new pole. The cost for pole locations that require cut and concrete patching shall be included in the Contractor’s price for that pole.

Contractor must maintain ADA clearances when possible, in existing sidewalks (exact locations are on the attached spreadsheet provided in the reference document link). All sidewalk repairs shall be done within 10 calendar days after a pole has been installed.

Sidewalk repairs shall be done in a quality fashion. Contractor is responsible for all clean up each day of backfill or concrete materials.

• If work is not completed on a specific pole or area at the end of the day, the area shall be made safe prior to crew departure for the day.

• The Contractor shall conduct and document daily safety tailgate meetings with work crews and submit electronically to KEYS’ Safety Officer at the end of each week.

• KEYS reserves the right to install an AVL system (vehicle tracking) in the Contractor’s work trucks at its discretion, at KEYS' expense.

• The Contractor must notify KEYS customers 24 hours prior to any interruption of electric service that takes place because of the Contractor’s work. Additionally, the Contractor will attempt to notify the customer for any work performed in the easements and advise them that they will be working in the rear easement behind the customer’s home.

• The Contractor may be required to remove existing wood stub poles and transport them to a local disposal site at the direction of KEYS. The cost for disposal of stub poles will be the responsibility of KEYS. The stub poles are approximately 25 feet in height.

• When new holes are drilled, excess soil shall be removed from site and disposed of. It should not be piled up on site, or spread on the ground. In general, the area around the installed poles shall be returned to as found conditions as much as practical.

• The Contractor will be responsible for requesting in advance that a distribution feeder recloser position be changed (request feeder on non-reclose). Contractor will be trained on these procedures.

• Awarded Contractor shall have a Florida MOT (maintenance of traffic) certification and follow all City of Key West and Monroe County MOT requirements. This includes that at least one person per crew shall have MOT certification. Contractor will be required to submit any “lane closure request” to the City of Key West per their policy one week in advance. Contractor shall have all FDOT cones and signs.

• KEYS will provide a dumpster and KEYS to pay for all disposal cost of any discarded old material.

• Subject to availability, KEYS may provide a secured and/or locked “storage yard” for the contractor’s bucket truck(s) and trailer vehicles (within our service territory), most likely in the Lower Keys area. KEYS will not be responsible for any loss, damage or stolen property stored in the secured locations provided.

• Contractor’s supervisor/foreman shall be responsible for completing an “inspection form” after each pole completion. The form shall be submitted with all invoices, a sample of this form is provided in the link below.

• The Contractor’s personnel shall wear suitable work uniforms as defined by OSHA, and thoroughly follow KEYS’ Safety Policy and current revision of the APPA Safety Manual (hard hats, flame retardant shirts, rubber sleeves, bucket harnesses, etc.) as indicated.

Policy is applicable for all work being conducted in an energized work environment.

Employees shall also be as clean and in as good appearance as the job conditions permit.

• Underground (UG) Cable & Risers: Keys Energy Services (KEYS) crews will handle the transfer of all primary and secondary underground cables, as well as associated risers.

The Contractor’s scope for UG Fuse transfers is limited to relocating the physical fuses to the new pole.

• Contractor shall not transfer any communication drops (including simple single-telephone drops). KEYS is not authorized to manipulate communication infrastructure.

o Contractor shall work with KEYS to maintain and provide a look-ahead schedule to third-party communication providers to facilitate timely transfers and pole releases.

• No automatic splices are permitted on this project under any circumstances.

• Contractor work hours and days are strictly governed by local jurisdiction regulations (City of Key West and Monroe County standard working hours) in addition to the project’s predetermined black-out dates.

LICENSING AND PERMITS

The Contractor shall obtain and maintain at its own expense, all appropriate licenses, permits, certifications, approvals, and authorizations required to perform the work in accordance with applicable local, state, and federal requirements. This shall include any required arrangements for access to the Sigsbee Naval Base in Key West, Florida. The Contractor shall be responsible to review, understand, and comply with all applicable access and permitting requirements.

All Contractor personnel are required to have a valid driver’s license. In addition, Personnel performing Maintenance of Traffic (MOT) activities shall possess the appropriate Florida MOT Certification for the work being performed.

REFERENCE DOCUMENTS:

The following reference documents are incorporated into this RFP and are available at the link below:

https://keysenergy0.sharepoint.com/sites/Purchasing/Shared%20Documents/Forms/AllItems.as px?id=%2Fsites%2FPurchasing%2FShared%20Documents%2FKEYS%20Bid%20XX%2D26%20 Secondary%20Easements&p=true&ga=1

NOTE: KMZ Disclaimer – The Google Earth KMZ file is provided for reference purposes only. It is intended to provide the Proposers a general indication of existing site conditions. Google Earth photos can be up to three (3) years old and should not be relied upon as representing current field conditions. Proposers are responsible for conducting field inspections of all poles for actual site conditions. KEYS has also provided pole photos taken within the past year by Osmose, Inc.

DOCUMENTS

1) KMZ Files for all Pole Work - Google Earth of pole

2) Pole Photos in a Zip File

3) Pole Changeout Task Sheet and Maps for Contractor - Excel spreadsheet

4) Inspection form to be completed by the contractor after task

5) KEYS Construction Standards

6) Ductile pole Specifications/Drawing

a) H1-40+5 Keys Energy Services – 1937A

b) H3-45+5 Keys Energy Services – 1937B

c) H5-45+5 Keys Energy Services – 1937C

d) H5-50+5 Keys Energy Services – 1937D

e) H5-55+5 Keys Energy Services – 1937E

7) M-1447 Direct Embedded Poles Crushed Rock Backfill, Sheet 1

8) Pole Number Methodology

9) Concrete Repair of Sidewalks

10) KEYS Line Material Drawing Package

a) #4 AAAC duplex aluminum 7 strand cable

b) #4 Covered tap wire

c) 1/0 AAAC quadraplex wire

d) 4/0 AAAC quadraplex wire

e) 8 food guy guard

f) 27 kV 100 amp open type cutout

g) 35 kV line post insulator

h) 35 kV universal inustlator

i) Anchor rod – 7 foot

j) Compression stirrup tqp copper 4/0 https://keysenergy0.sharepoint.com/sites/Purchasing/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2FPurchasing%2FShared%20Documents%2FKEYS%20Bid%20XX%2D26%20Secondary%20Easements&p=true&ga=1 https://keysenergy0.sharepoint.com/sites/Purchasing/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2FPurchasing%2FShared%20Documents%2FKEYS%20Bid%20XX%2D26%20Secondary%20Easements&p=true&ga=1 https://keysenergy0.sharepoint.com/sites/Purchasing/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2FPurchasing%2FShared%20Documents%2FKEYS%20Bid%20XX%2D26%20Secondary%20Easements&p=true&ga=1

k) Deadend 35 kV suspension insulator

l) Deadend shoe – small side opening

m) Deadend shoe – large side opening

n) Down guy grip deadend

o) Galvanized guy wire C- class bezinal coated

p) Pin insulator – 35 kV

q) Manta ray anchor MR-2

r) Post Pole top Distribution Bracket

s) Post type bracket side mount

t) Deadend crossarm 8’

u) Tangent crossarm 8’

v) Single phase fiberglass cutout arrestor bracket

w) Three phase fiberglass cutout arrestor bracket

x) Triplex aluminum 19 Strand cable AAAC

y) Twin eye nut for 7 foot anchor rod

z) Wejtap connectors

aa) Wejtap stirrup 336 & 394.5

bb) Wejtap stirrup 652

cc) Wejtap stirrup #2

dd) Wejtap stirrup 1/0

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.

BID EXCEPTIONS/DEVIATIONS TO SPECIFICATIONS

All deviations to Specifications and KEYS’ Terms and Conditions, as stated in this document, must be noted in writing by the bidder at the time of bid submittal. The absence of a written list of deviations at the time of bid submittal will hold the bidder strictly accountable to KEYS’ specifications and terms and conditions as written.

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, including, but not limited to:

a. Experience with similar projects;

b. Range and suitability of services provided;

c. Project management approach;

d. Pricing;

e. References.

KEYS reserves the right to award based on the proposal determined to be in the best interest of

KEYS.

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 22-26 6900 Front Street Extended Key West, Florida 33040 Note: This address does not receive US Postal Service.

Bidders shall submit the following:

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

2. Proposal Page

3. Insurance Agent’s Statement

4. Bidder’s Statement

5. Safety Compliance Affidavit

6. Drug-Free Workplace Statement

7. Public Entity Crimes Sworn Statement

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

9. References

10. Safety History

11. Unit Price Spreadsheet

12. Proposed Schedule for Project

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 from the date of execution by the Utility Board through March 31, 2029. 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.

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

ERROR IN BID CALCULATION

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 December 31, 2028, liquidated damages shall be payable by Contractor to KEYS in the amount of $500.00 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.

MATERIAL

No goods or materials provided pursuant to the proposal shall consist of or contain any equipment which has been manufactured or supplied by persons or entities owned by, controlled by, or subject to the jurisdiction or direction of the government of the People’s Republic of China.

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/MAINTENANCE OF TRAFFIC (MOT)

Contractor is to provide all required Safety and Traffic Control equipment as required by FDOT, City of Key West, or Monroe County MOT.

Personnel are required to be trained in MOT as required. Contractor is to provide copies of certification of MOT training.

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.

http://www.publicpower.org/topics/landing.cfm?ItemNumber=38512

KEYS…