PR_8429_Kirman_Rd_Hyochlorite_Bulk_Tanks_Final.pdf

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23

Re qu es t f or Q uo te

(R

FQ

) f or

S in gl e

Pr oj ec t Orlando Utilities Commission

Orlando, Florida Effective 10/2023

RFQ25 PR8429 for Kirkman Rd Hypochlorite Bulk Tanks

Date Issued: 6/3/2025

Pre-response Conference: None Scheduled At This Time

Date of Pre-response Conference: N/A

Date Due: Tuesday, June 17, 2025 no later than 2:00 pm local time

Direct all inquiries to the Buyer of Record: Jon McLester

407-457-7135 jmclester@ouc.com

Orlando Utilities Commission Reliable Plaza 100 West Anderson Street Orlando, Florida 32801

1. Quotation to be submitted on VendorLink (if applicable) or emailed to jmclester@ouc.com

2. RFQ number must be placed on the subject line of email responses

3. VendorLink help can be accessed by calling 407-222-1885, or by emailing support@evendorlink.com.

1 PRICING

See Attachment B Excel Spreadsheet

Refer to Attachment A: Detailed Scope and Specifications.

mailto:support@evendorlink.com

Orlando Utilities Commission RFQ25 PR8429 – Kirkman Rd Hypochlorite Bulk Tanks

2 RFQ SUBMITTAL CHECKLIST

Bidders shall complete all the forms checked (✓) below, and include them in the quotation submittal package with any other information.

Provide a written signature on all original forms and, when required, a notary stamp. Download from the links below, scan, & submit these forms with the quotation.

Quotation (Response)

Written response to scope of work and specification

Provided at time of quotation

Acknowledgement

Sworn Statement on Public Entity Crimes and Scrutinized Companies Under Florida Statutes, Section 287.133 (3) (a) and 287.135 (Link)

Dispute Disclosure (Link)

☐ [Insert rows and text for additional response requirements, as needed]

Provided at time of award

Copy of Insurance Certificate(s)

Copy of Company’s Business License

W-9 Form

3 ACKNOWLEDGEMENT

Unless otherwise stated, all Terms and Conditions regarding this RFQ can be found at the links below:

☐ General Conditions for Goods (Link) ☐ General Conditions for Services (Link)

☒ Goods and Services (Link) ☐ General Consulting Services (Link)

☐ Information Technology (IT) Professional Consulting Services Agreement (Link)

By signing below, I acknowledge legal authority to execute this document and affirm that Supplier is compliant with all requirements of Section 287.133(3) and 287.135 of the Florida Statutes and no allegations or default, law suit, or investigation by any regulatory or professional association have been initiated against Supplier, its officers, and/or employees in the regular course of business within the last five (5) years.

If selected, prior to award, the Supplier agrees to provide proof of insurance as required, which may include General Liability, Worker’s Compensation, and Automotive.

The quote must be signed by an authorized agent or officer of the company or other legal entity.

OUC reserves the right to award any item or group of items to one or more suppliers, or to make no award.

http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_dispute_disclosure_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_w9_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/procure_general_goods.pdf?sfvrsn=10 http://www.ouc.com/docs/procurement/procure_general_services.pdf?sfvrsn=4 https://www.ouc.com/docs/procurement/general_terms_cond_goods_services.pdf?sfvrsn=b1238550_2 http://shareouc/procuretopay/Shared%20Documents/GC%20Consulting%20Services.pdf http://shareouc/procuretopay/Shared%20Documents/Linked%20Procedures%20and%20Artifacts/Information%20Technology%20(IT)%20Professional-Consulting%20Services%20Agreement_Template.docx http://shareouc/procuretopay/Shared%20Documents/Linked%20Procedures%20and%20Artifacts/Information%20Technology%20(IT)%20Professional-Consulting%20Services%20Agreement_Template.docx

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23

The Supplier agrees to all terms and conditions that may be contained in the Purchase Order and expressly waives all terms and conditions that may be contained in their quotation and such terms and conditions shall be null and void.

SUPPLIER’S LEGAL NAME (print or type) _____________________________________________________________

QUOTED BY (print or type name) __________________________________________________________________

QUOTED BY (signature) _________________________________________ DATE ____________________________

Telephone ______________________ Email ____________________________

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23

DETAILED SCOPE AND SPECIFICATIONS

DOUBLE WALL POLYETHYLENE STORAGE TANKS

PART 1 – GENERAL

1.01 THE REQUIREMENT

A. The vendor shall furnish and deliver in satisfactory condition three (3) double wall high-density polyethylene storage tanks with enclosed secondary containment, complete with all necessary accessories as specified herein. One tank at 3,100 gallons and two tanks at 1,000 gallons.

1.02 CONDITIONS OF SERVICE/STORAGE TANK SCHEDULE

Sodium Hypochlorite Bulk Tank

Max Solution Concentration 15% Trade Specific Gravity 1.2 Viscosity 3 pH 12 Quantity Three (3) Tag Numbers TK-1, TK-2 & TK-3 Type Vertical, Cylindrical Bottom Configuration Flat Bottom Top Configuration Dome Top Minimum Useable Capacity (outlet pipe to invert of overflow) 1 @ 3,100 gallons & 2 @ 1,000 gallons Maximum Diameter N/A Maximum Straight Shell Height N/A Maximum Overall Height N/A Connection Openings:

1) Fill Line 2"

2) Metering Pump Suction 2"

3) Drain Line None on Tanks*

4) Overflow Line 4"

5) Vent 6"

6) Manway Diameter (Top) 2'-0"

7) Ultrasonic Level Instrument 2”

8) Backup Conductivity High Level Sensor 2”

Heating Panels and Insulation No Materials of Construction for Metal Parts Titanium Materials of Construction for Elastomers Viton Exposure Indoors

*Tank drains are located on metering pump suction piping so that there will be only one 2” outlet nozzle near the bottom of each tank.

1.03 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS

A. American National Standards Institute (ANSI)

1. ANSI B16.5 – Pipe Flanges and Flanged Fittings.

B. American Society of Testing Materials (ASTM)

1. ASTM D638 – Standard Test Methods for Tensile Properties of Plastics.

2. ASTM D746 – Brittleness Temperature of Plastics and Elastomers by Impact.

3. ASTM D790 – Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials.

4. ASTM D883 – Standard Definitions of Terms Relating to Plastics.

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23

5. ASTM D1505 – Density of Plastics by the Density-Gradient Technique.

6. ASTM D1525 – Vicat Softening Temperature of Plastics.

7. ASTM D1693 – ESCR Spec. Thickness .125” F50-10% Igepal.

8. ASTM D1998 – Standard Specification for Polyethylene Upright Storage Tanks.

C. ARM (Association of Rotational Molders) Standards: Low Temperature Impact Resistance

D. NSF/ANSI Standard 61 – Drinking Water System Components E. OSHA Standards: 29 CFR 1910.106 Occupational Safety and Health Administration, Flammable and Combustible Liquids

1.04 SUBMITTALS

A. The following items shall be submitted with one (1) hard copies and one (1) electronic version of equipment Shop Drawings.

1. Installation list of the type and size being proposed, date installed, contact name, address and phone number

2. Warranty

3. Dimensions of tank, fittings and attachments

4. Wall thickness calculations per ASTM D 1998-06 using 600 psi design hoop stress

@ 100°F

5. Location of fittings and attachments

6. A complete manufacturer’s specification of the resin used

7. Weight of tanks

8. Statement that fabrication is in accordance with these Specifications

9. Samples

a. Representative samples of the tank material shall be furnished at the time of shop drawing review. These samples shall be from plant production and shall be representative of quality and impact resistance of tanks to be furnished. The owner may reject any tank that does not meet the standard of the representative samples.

10. Instructions for handling, storage and installation of tanks.

11. Statement that materials and resin used are suitable for intended service.

12. Drawing details for ladder as recommended by Manufacturer and conforming with

OSHA Standards

13. List of previous five similar use site installations in the past 36 months or provide a list of three or more customers using tanks for the same chemical applications and similar weather conditions for at least ten years.

14. Supporting information of UL tank manufacturing capabilities.

15. Supporting information of ISO 9001 certification.

16. Supporting information of NSF 61 certification.

17. Factory test reports

1.05 QUALITY ASSURANCE

A. Tanks shall be constructed by a firm that has at least ten years prior experience in construction of similar double wall polyethylene tanks in similar applications.

B. Tanks shall be manufactured by a firm with a nationally accepted quality standard (i.e., ISO 9001 or equal).

1.06 WARRANTY AND GUARANTEE

A. Warranty and guarantee period shall be for two (2) years.

PART 2 – PRODUCTS

A. The double wall polyethylene storage tank(s) shall be as manufactured by Poly Processing Company (SAFE TANK®) or Snyder Industries (Captor Containment).

2.02 MATERIALS AND CONSTRUCTION

A. Each tank shall be one-piece construction, rotationally molded, high-density cross-linked polyethylene. The secondary outer containment tank shall provide a minimum capacity of 115% of the inner tank’s capacity. Tank shall have a specific gravity rating of 1.9 and shall be completely resistant to corrosion by the specified chemicals.

Each tank shall be capable of storing the specified chemical at temperatures up to

130F.

B. All materials in contact with the stored chemical shall be NSF 61 certified for use in the treatment of drinking water. Tank manufacturer shall provide a medium-density polyethylene liner if required for oxidation resistance for the specified chemicals.

C. Poly Processing Company: Type I Cross Linked Polyethylene (XLPE) tank resin for Sodium Hypochlorite service shall be as manufactured by ExxonMobil Chemical or equal and include additional medium density polyethylene (Type OR-1000) inner corrosion barrier layer as manufactured by Poly Processing or equal. The inner corrosion protection layer shall be chemically resistant to sodium hypochlorite and be integrally bonded to resin interior surface during the manufacturing process.

D. Snyder Industries or other approved equal: Type II High Density Linear (HDLPE) tank resin for Sodium Hypochlorite service shall be as manufactured by ExxonMobil Chemical or equal.

E. The plastic shall not contain any fillers. All plastic shall contain a minimum of 0.25 percent UV stabilizer and maximum of 0.60 percent. Pigments may be added as designated by the manufacturer, not to exceed 0.5 percent of dry blended or 2 percent if melt compound of the total weight of the tank.

F. The nominal properties of the material are as follows based on molded parts:

Material Properties Property ASTM Value for Cross-linked Value for Linear Polyethylene ____________Specification Polyethylene (Type 1) Polyethylene (Type II)______ Density D1505 .940 to .945 g/cc .940 to .945 g/cc ESCR Spec D1693 >1,000 hours 48 hours Thickness .125” F50 10% lgepal___________________________________________________________ Tensile D638 Type IV 3,000psi 2,950psi Strength Specification Ultimate 2in/min_______________________________________________________ Elongated D638 >300% 1,000% At break 2 in/min._____________________________________________________________

Vicat D1525 240 degrees F 235 degrees F Softening Temperature________________________________________________________ Flexural D790 100,000psi to 110,000psi 129,000psi Modulus____________________________________________________________

G. Design Requirements

1. The minimum required wall thickness of the cylindrical shell at any fluid level shall

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23 be determined by the following equation, but shall not be less than 0.187 in thick.

T = P x O.D./2 SD = 0.433 x S.G. x H x O.D./2 SD

T = wall thickness

SD = Hydrostatic design stress, PSI

P = pressure (.433 x S.G. x H), PSI

H = fluid head, ft.

S.G. = specific gravity, g/cm3

O.D. = outside diameter, in.

2. The hydrostatic design stress shall be determined by multiplying the hydrostatic design basis, determined by ASTM D2837 using rotationally molded samples, with a service factor selected for the application. The hydrostatic design stress is 600 PSI at 73 degrees Fahrenheit.

3. The hydrostatic design stress shall be derated for service above 100 degrees Fahrenheit and for mechanical loading of the tank.

4. The standard design specific gravity shall be 1.9.

5. The minimum required wall thickness for the cylinder shell must be sufficient to support its own weight in an upright position without any external support.

6. For dome top tanks, the top head must be integrally molded with the cylinder shell.

The minimum thickness of the top head shall be equal to the top of the straight wall.

H. All tank capacities (volumes) specified shall include only that volume in the straight shell below the overflow pipe invert elevation and above the top of the outlet pipe. At least four inches of freeboard shall be provided between the invert elevation of the overflow pipe and the top of the straight shell.

K. The tank shall be provided with integrally molded cover. The cover shall be provided with a manway and connections as described herein.

2.03 CONNECTIONS AND ACCESSORIES

A. All connections/openings shall be flanged in accordance with ANSI B 16.5 150 pounds.

Flanged connections, nozzles and openings shall be reinforced and shall be perpendicular to the straight shell of the tank.

B. Sidewall fittings below chemical fill level shall be bolted double 150-lb. flange fitting.

C. Storage tank external and internal down fill line (dip tube) shall extend through the dome of the tank. External vertical piping shall be supported from the tank every 5 feet and shall be parallel to the tank wall and not less than 6 inches from the tank wall. The tank manufacturer shall be responsible for supporting the external and internal fill portions of the fill piping adjacent to the tank. Location of pipe supports shall be coordinated with the tank manufacturer. Internal down fill pipe shall be supported every 5 feet parallel to the tank, with a support structure to the inside wall of the inner tank. Pipe support material shall be resistant to specified chemical being stored.

D. Each tank shall be provided with a top-mounted chemically-resistant manway with a bolt on type cover. Bolts shall be resistant to specified chemicals. Manway cover shall provide emergency pressure relief venting.

E. Access Ladder - All tanks over five feet in height shall be equipped with an exterior access ladder for access to the manway. The ladders shall be constructed of FRP.

Ladder shall meet OSHA requirements. Ladder shall provide 18 inches between side rails and 12 inches between rungs. Angle clips shall be furnished for mounting the

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23 bottom of the ladder to the concrete pad. Ladders shall be furnished with gooseneck handrails at the top. The tank top shall be equipped with ladder clips to bolt ladder handrails thereto. Ladder clips shall be resistant to corrosion by the specified chemicals.

Ladders must be mounted to the tank to allow for tank expansion and contraction due to temperature and loading changes. All top ladder mounts shall be connected to integrally molded in attachment lugs that allow for tank movement.

F. The tank shall be provided with a minimum of three lifting lugs integrally molded into the top head. Lifting lugs shall be capable of withstanding weight of an empty tank with a safety factor of 3 to 1.

G. The tank shall be provided with a minimum of four tie down lugs.

H. All metallic parts, fasteners, brackets, mounting hardware, and accessories provided by the tank manufacturer shall be constructed of corrosion resistant metals.

I. The tank shall be provided with a permanently attached label providing the following information:

1. Type of material stored

2. Concentration of material stored

3. Specific gravity

4. Maximum temperature

5. Tank capacity

6. Manufacturer

7. Date of manufacture

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23

PRICING

See attached Excel spreadsheet.

Description Unit Quantity Unit Price Total Price 1 Bulk Tank 3100 GAL EA 1 -$ -$ 2 Bulk Tanks 1000 GAL EA 2 -$ -$ 3 Two (2) Year Warranty EA 3 -$ -$

Estimated Freight

***FOB DESTINATION, PREPAID & ALLOWED*** LO 1 -$ -$

5 Lead Time WEEKS

-$ Total

Other: ___________

Payment Discount Options:

____ 1% 20, net 30 ____ 2% 15, net 30 ____ 3% 10, net 30 ____ None Offered

SCM-RFQ-T-01 – Request for Quote Single Project Template v2.0 – 8/29/23

INVITATION TO PRE-RESPONSE CONFERENCE

******************************N/A******************************

ATTACHMENT D: GENERAL CONDITIONS FOR GOODS AND SERVICES

TABLE OF CONTENTS

GENERAL CONDITIONS FOR GOODS AND SERVICES

LEGAL REVISION – 5-12-23

GC 1.0 ENTIRE CONTRACT

GC 2.0 SCOPE

GC 3.0 INSPECTION, ACCEPTANCE OR REJECTION OF EQUIPMENT AND SERVICES

GC 4.0 TITLE TO EQUIPMENT

GC 5.0 SITE ACCESS CONDITIONS

GC 6.0 DRUG-FREE WORKPLACE

GC 7.0 PROTECTION OF PROPERTY AND PUBLIC LIABILITY

GC 8.0 INSURANCE

GC 9.0 WARRANTY

GC 10.0 PAYMENT OF INVOICES

GC 11.0 INDEMNIFICATION

GC 12.0 TERMINATION FOR DEFAULT

GC 13.0 TERMINATION FOR OUC’S CONVENIENCE

GC 14.0 LAWS AND REGULATIONS

GC 15.0 TAXES AND PERMITS

GC 16.0 INDEPENDENT CONTRACTOR

GC 17.0 HAZARDOUS MATERIALS

GC 18.0 REGULATORY COMPLIANCE

GC 19.0 COMPLIANCE with CRITICAL INFRASTRUCTURE PROTECTION

TABLE OF CONTENTS

Continued

GC 20.0 PROJECTS REQUIRING NOTIFICATION OF ENVIRONMENTAL DEPARTMENT

GC 21.0 WAIVERS

GC 22.0 NO THIRD-PARTY BENEFICIARIES

GC 23.0 SEVERABILITY

GC 24.0 ASSIGNMENT AND SUBLETTING OF CONTRACT

GC 25.0 FINAL PAYMENT/WAIVER

GC 26.0 CLAIMS FOR LABOR

GC 27.0 BINDING EFFECT

GC 28.0 TIME IS OF THE ESSENCE

GC 29.0 RIGHT TO INSPECT/AUDIT DOCUMENTS

GC 30.0 GOVERNING LAW

GC 31.0 FORCE MAJEURE

GC 32.0 DISPUTE PROCESS

GC 33.0 OUC’S EQUIPMENT

GC 34.0 CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER

GC 35.0 INFRINGEMENT OF PATENTS, COPYRIGHTS, AND TRADE SECRETS

GC 36.0 PUBLIC RECORDS NOTICE

GC 37.0 E-VERIFY REQUIREMENTS

GC 1.0 ENTIRE CONTRACT.

These General Terms and Conditions and the Contract for which they are being provided (including attachments thereto) (the “Contract”) constitute the entire Contract between the Orlando Utilities Commission (“OUC”) and the Party providing goods, equipment, materials and services under the Contract (the “Supplier”).

GC 2.0 SCOPE.

Supplier shall provide those services and related goods, materials and equipment set forth in the specifications attached to this Contract or those in the bid package, if applicable (the “Goods and Services”) on or before the agreed dates (if applicable) scheduled for the performance of the Goods and Services.

GC 3.0 INSPECTION, ACCEPTANCE OR REJECTION OF GOODS AND SERVICES.

All Goods and Services shall be subject to OUC’s final acceptance at the time of completion. OUC may accept or reject non-conforming Goods and Services within a reasonable time after receipt by OUC. The making or failure to make any inspection of, or payment for or acceptance of the Goods and Services shall in no way impair OUC’s right to reject or revoke its acceptance of non-conforming Goods and Services, or to avail itself of any other remedies to which OUC may be entitled, notwithstanding OUC’s knowledge of the non-conformity, its substantiality or ease of discovery.

GC 4.0 TITLE TO MATERIALS, GOODS, AND EQUIPMENT.

Title, free of any and all liens and encumbrances, and risk of loss or damage to materials, goods, and equipment provided by Supplier as part of the services shall pass to OUC upon installation at the OUC designated facility at which the Goods and Services are to be performed (the “Facility”).

GC 5.0 SITE ACCESS CONDITIONS.

OUC shall provide Supplier access to the Facility as necessary to perform the services. Access shall be subject to Supplier’s obligation to comply with the following conditions:

5.1 Supplier shall confine its activities to only those portions of the Facility necessary for the performance of the services.

5.2 Supplier shall take all safety measures reasonably necessary to protect OUC, its permittees and licensees, and the property of each, from injury or damage caused by or resulting from the performance of services. Supplier shall follow any and all safety and security procedures established by OUC for the Facility.

In the event of a security emergency, OUC may deny the Supplier access to a Facility or request that the Supplier leave the Facility.

5.3 Supplier’s performance of services shall not interfere with the use, occupancy or enjoyment of the Facility by OUC.

5.4 No work or activity performed as part of the services shall cause OUC to be in violation of any requirement of law nor shall Supplier or any agent, employee or representative violate any federal, state or local laws while performing services.

GC 6.0 DRUG-FREE WORKPLACE.

The Supplier’s and subcontractor’s personnel who perform the work in connection with this Contract shall conform to the Orlando Utilities Commission (OUC) Alcohol and Controlled Substance Abuse Policy. This policy may be found on the Orlando Utilities Commission’s website, www.ouc.com under “Supplier Information”.

GC 7.0 PROTECTION OF PROPERTY AND PUBLIC LIABILITY.

The Supplier shall be accountable for any damages resulting from his operations.

He shall be fully responsible for the protection of all persons including members of the public, employees of OUC, and employees of other Suppliers or Subcontractors, and all public and private property including structures, sewers, and utilities, above and below ground.

GC 8.0 INSURANCE.

Except as otherwise specified in this Contract, the Supplier and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to OUC.

It shall be the responsibility of the Supplier to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the Supplier to maintain adequate coverage shall not relieve him of any contractual responsibility or obligation.

The requirements specified herein as to types, limits, and OUC's approval of insurance coverage to be maintained by the Supplier and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Supplier and its subcontractors under this Contract.

Any insurance carried by OUC that may be applicable shall be deemed to be excess insurance and the Supplier's insurance primary for all purposes despite any conflicting provision in the Supplier's policies to the contrary.

8.1 Certificates of Insurance.

At the time of execution of this Contract and each subcontract, but in any event prior to commencing work at the jobsite, and as a condition precedent to the Supplier's and its subcontractors' initiation of performance, the Supplier and its subcontractors shall furnish OUC with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any Supplier issuing an insurance policy for the work under this Contract shall provide not less than 30 days advance notice in writing to OUC prior to cancellation, termination, or material change of any policy of insurance. In addition, the Supplier shall immediately provide written notice to OUC upon receipt of notice of cancellation of an insurance policy or a decision to terminate or alter an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for Supplier- and subcontractor-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to OUC, at the addresses listed in the Contract.

8.2 Additional Insureds.

All insurance coverages furnished under this Contract except Workers' Compensation, Employers' Liability and Professional liability shall include OUC, and their partners, commissioners, directors, officers, agents, and employees as additional insureds with respect to the activities of the Supplier and its subcontractors.

Notwithstanding any other provision of these policies, the insurance afforded shall apply separately to each insured, named insured, or additional insured with respect to any claim, suit, or judgment made or brought by or for any other insured, named insured, or additional insured as though a separate policy had been issued to each.

OUC shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

8.3 Waiver of Subrogation.

The Supplier and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against OUC, their partners, commissioners, directors, officers, agents, and employees and against other Suppliers and subcontractors.

8.4 Workers' Compensation and Employer’s Liability.

This insurance shall protect the Supplier against all claims under applicable state workmen's compensation laws. The Supplier shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" or "other states" endorsement.

Exemption certificates shall be accepted if valid during the term of the Contract, but only for those eligible corporate officers pursuant to Chapter 440, Florida Statutes. Proof of workers’ compensation coverage must still be provided for all employees, sub-contractors not eligible for exemption.

The liability limits shall not be less than:

Workers' compensation Statutory Employer’s liability $1,000,000 each occurrence

8.5 Comprehensive Automobile Liability.

This insurance shall be written in comprehensive form and shall protect the Supplier and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired.

Bodily injury and $1,000,000 limit each occurrence property damage

8.6 Commercial General Liability.

This insurance shall be an "occurrence" type policy (excluding automobile liability) written in comprehensive form and shall protect the Supplier and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of OUC or others arising out of any act or omission of the Supplier or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the Supplier under the article entitled INDEMNIFICATION, and "Completed Operations and Products Liability" coverage (to remain in force for two (2) years after final payment and subsequent to project completion). OUC may allow in its sole discretion, a combination of General Liability coverage and Umbrella coverage to satisfy required liability limits

If the Supplier's work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property.

Bodily injury and a $2,000,000 limit for each occurrence of property damage

8.7 Supplier’s Pollution Liability.

This insurance provides environmental liability coverage for claims caused by pollution events arising out of contractor operations or completed operations of the contracted services performed by or on behalf of the insured contractor.

Coverage must apply to Bodily Injury including death, property damage, including physical damage, loss of use, clean-up costs, defense costs and loss of use of property/equipment on site but not otherwise damaged or destroyed.

Such coverage must remain in force for two (2) years after final payment and subsequent to project completion. Limits of liability will not be less than Two Million ($2,000,000) Dollars in combined single limits for bodily injury and property damage.

GC 9.0 WARRANTY.

Equipment Warranty. Supplier warrants that the goods, materials and equipment provided under the Contract shall be free from defects in workmanship and material upon Delivery. To the extent that Supplier secures an extended warranty on any piece of the goods, materials and equipment purchased from a manufacturer or vendor, the vendor or manufacturer warranty on that piece of such goods, materials and equipment shall be assigned to OUC by Supplier and Supplier will cooperate with OUC in the enforcement of such warranty.

9.1 Services Warranty. The Supplier warrants that all the services furnished hereunder shall be produced and furnished in compliance with all applicable federal state and local laws, orders and regulations. OUC shall have the benefit of all warranties implied at law, and all express warranties made by the Supplier.

Unless others specified herein, the Supplier shall obtain all permits necessary for performance under this Contract. Supplier warrants that the services performed hereunder will reflect competent professional knowledge and judgment.

GC 10.0 PAYMENT OF INVOICES.

Payment of each Supplier invoice by OUC shall be made within thirty (30) days after the date of receipt of Supplier’s invoice and verification of compliance of the Goods and Services with the terms of the specifications attached to this Contract or in the bid package, if applicable. OUC reserves the right to withhold payment for any non-conforming Goods and Services provided by Supplier.

GC 11.0 INDEMNIFICATION.

Supplier shall to the maximum extent permitted by law defend, indemnify, and hold harmless OUC, its commissioners, officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from (i) all third-party claims for labor and materials furnished under this Contract for which OUC may become liable for payment under the laws of the state, (ii) the provision of Goods and Services by Supplier or any person or organization directly or indirectly employed by the Supplier to furnish any of the Goods and Services or anyone for whose acts any of them may be liable, (iii) breach of the terms of the Contract by Supplier or any person or organization directly or indirectly employed by the Supplier to furnish any of the Goods and Services, (iv) violations of applicable law by Supplier or any person or organization directly or indirectly employed by the

Supplier to furnish any of the Goods and Services or anyone for whose acts any of them may be liable, (v) injury or disease or death of third parties (including OUC employees and agents and those of Supplier), or damage to property caused by the negligence, strict liability or willful misconduct of the Supplier or any person or organization directly or indirectly employed by the Supplier to furnish any of the Goods and Services or anyone for whose acts any of them may be liable.

Notwithstanding anything in this Section to the contrary, the liability of Supplier under this Section for the indemnification of OUC, its commissioners, officers, directors and employees shall not exceed the greater of (i) the price paid by OUC under the Contract for the Goods and Services or (ii) Two Million ($2,000,000) Dollars.

GC 12.0 TERMINATION FOR DEFAULT.

If the work to be done under this Contract is abandoned by the Supplier; or if this Contract is assigned by him without the written consent of the OUC; or if the Supplier is adjudged bankrupt; or if a general assignment of its assets is made for the benefit of its creditors; or if a receiver is appointed for the Supplier or any of its property; or if he fails to properly manage the work; or if he persistently refuses or fails to supply enough properly skilled workmen or proper material; or if he fails to make prompt payment to Subcontractors for material or labor; if the performance of the work under this Contract is being unnecessarily delayed; the Supplier is violating any of the conditions of this Contract; he is executing the same in bad faith or otherwise not in accordance with the terms of said Contract; or if the work is not substantially completed within the time named for its completion or within the time to which such completion date may be extended; then OUC may serve written notice upon the Supplier of said OUC's intention to terminate this Contract. Unless within ten (10) business days after the serving of such notice an arrangement satisfactory to OUC is made for continuance of this Contract. OUC may, at its option, terminate this Contract. OUC may further pursue any rights or remedies to which it may be entitled at law or in equity.

If, after termination pursuant to this article, it is determined for any reason that the Supplier was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to e GC.13, TERMINATION

FOR OUC’S CONVENIENCE.

GC 13.0 TERMINATION FOR OUC’S CONVENIENCE.

OUC shall have the right in its sole discretion to terminate by written notice, in whole or in part, the Contract for its convenience. OUC shall pay Supplier for any Goods and Services provided under the specifications attached to this Contract or in the bid package, if applicable, prior to the termination date.

GC 14.0 LAWS AND REGULATIONS.

The Supplier shall observe and comply with all ordinances, laws, codes and regulations, and shall protect and indemnify OUC and OUC's commissioners, officers and agents against any claim or liability arising from or based on any violation of the same. Supplier shall be responsible for obtaining and maintaining any licenses, permits, and/or other authorizations of any kind required to furnish the Goods and Services.

GC 15.0 TAXES AND PERMITS.

The Supplier shall pay all sales, use, and other taxes that are lawfully assessed against OUC or Supplier in connection with the work included in this Contract and shall obtain and pay for all licenses and inspections required for the work.

GC 16.0 INDEPENDENT CONTRACTOR.

The relation of the Supplier to OUC shall be that of an independent Contractor.

GC 17.0 HAZARDOUS MATERIALS.

Any Hazardous Materials used by Supplier in providing the Goods and Services shall be packaged, shipped, handled, labeled and disposed of by Supplier in a manner that complies with all federal, state and local laws or regulations applicable to Hazardous Materials. No Hazardous Materials shall be stored by Supplier at the Facility before, during or after the performance under this Contract. Supplier shall, at its expense, remove, transport and dispose of all Hazardous Materials (i) brought by Supplier to the Facility or (ii) disturbed by Supplier’s performance under this Contract or created by Supplier’s use, handling or combination of non- hazardous materials brought by Supplier to the Facility. For purposes of the Contract, the term “Hazardous Materials” shall mean any substance which by law requires special handling, containment or disposal, including without limitation “hazardous substances” as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 USC Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 USC Sections 5101, et seq.), “hazardous wastes” as defined in the Resource Conservation and Recovery Act, as amended (42 USC Sections 9601, et seq.), “toxic substances” as defined in the Toxic Substance Control Act as amended (15 USC Section 2601 et seq.), as amended and in the regulations adopted, published, and promulgated pursuant thereto.

GC 18.0 REGULATORY COMPLIANCE.

Supplier warrants that in providing the Goods and Services it shall comply, when applicable, with all federal, state and local laws and regulations including but not limited to the following:

(a) Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended by the Superfund Amendment and Reauthorization Act of

1986 ("SARA"), 42 U.S.C. §9601, et seq. (hereinafter collectively "CERCLA");

(b) Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 ("RCRA") and subsequent Hazardous and Solid Waste Amendments of 1984, also known as the 1984 "RCRA" amendments, 42 U.

S.C. §6901 et seq.;

(c) Toxic Substance Control Act, as amended, 15 U.S.C. §2601 et seq.;

(d) Hazardous Material Transportation Act, 49 U.S.C. §1801, et seq.;

Any other federal, state or local law, regulation, ordinance or order pertaining to the environment not included above.

GC 19.0 Compliance with Critical Infrastructure Protection (CIP).

If the Supplier will require access to any of the OUC assets listed below (“High & Medium (H&M) Covered Assets”) in order to provide the Services under this Agreement, then the Supplier shall provide the OUC NERC Compliance Standards (NCS) department via email at NERCCompliance@OUC.com with a list of Supplier employees or agents that will be performing the services so that they can be cleared for access to H&M Covered Assets per the regulations of the Federal Energy Regulatory Commission (FERC).

19.1 H&M Covered Assets include:

19.1.1 High Impact BES Cyber Systems (HIBCS) and the system’s associated:

A. Electronic Access Control and Monitoring Systems (EACMS) B. Physical Access Control Systems (PACS)

19.1.2 Medium Impact BES Cyber Systems (MIBCS) with External Routable Connectivity (ERC) and the system’s associated:

A. EACMS

B. PACS

a. BES Cyber System Information (BCSI) storage locations, whether physical or electronic

19.2 Clearing Supplier Employees and Agents

19.2.1 In order to be cleared for access and gain CIP Clearance to H&M Covered Assets, the Supplier must complete a Personnel Risk Assessment (PRA). The PRA consists of a 7-year background check and an Identity Verification (IDV) process. The final step before receiving CIP Clearance is the completion of online CIP Training assigned to the Supplier. The OUC NSC department shall facilitate the PRA and Training processes.

19.2.2 If there is any change of status in the employment of any Supplier employee or agent granted access to the H&M Covered Assets, the Supplier is responsible for alerting the OUC NSC department in writing via email to NERCCompliance@ouc.com within 24 hours. For purposes of this section, change in status means an individual who is no longer employed by the Supplier to perform Services on the H&M Covered Assets or who no longer has a need for such access under this Agreement. Failure to provide such notice may result in a violation of FERC regulations.

GC 20.0 PROJECTS REQUIRING NOTIFICATION OF ENVIRONMENTAL DEPARTMENT.

If the Supplier determines that it will become necessary as part of providing the Goods and Services to excavate soils or pump groundwater or stormwater and such activities were not contemplated under the specifications attached to this Contract or attached to the bid package, if applicable, Supplier may not proceed with that portion of the Goods and Services until notice has been provided to OUC and OUC’s approval in writing to proceed has been granted.

GC 21.0 WAIVERS.

The failure of either Party to enforce at any time any of the provisions of the Contract or to require at any time performance by the other Party of any of such provisions, shall in no way be construed to be a waiver of such provision, nor in any way to affect the validity of the Contract, or any parts thereof, or the right of either Party thereafter to enforce each and every provision.

GC 22.0 NO-THIRD PARTY BENEFICIARIES.

The provisions of the Contract are only for the benefit of the Parties hereto and not for any other legal entity or person.

GC 23.0 SEVERABILITY.

Should any of the provisions of the Contract, or parts thereof, be held invalid, such provisions, or parts thereof, shall be considered severable and such invalidity shall not affect the remainder of the Contract.

GC 24.0 ASSIGNMENT AND SUBLETTING OF CONTRACT.

The Supplier shall not assign or sublet the work, or any part thereof, without the previous written consent of OUC, nor shall it assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the like consent of OUC to be signified in like manner.

GC 25.0 FINAL PAYMENT/WAIVER.

The acceptance by the Supplier of the last payment from OUC under the Contract shall be a release to OUC and every officer and agent thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the work performed under this Contract or for any act or neglect of OUC or of any person relating to or affecting the work performed under that Contract.

GC 26.0 CLAIMS FOR LABOR.

The Supplier shall indemnify and save harmless OUC from all claims for labor, materials, goods or equipment furnished under this Contract. When requested by OUC, the Supplier shall submit satisfactory evidence that all persons, firms, or corporations who have done work or furnished materials under this Contract, for which OUC may become liable under the laws of the state, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount will be retained from money due the Supplier which in addition to any other sums that may be retained will be sufficient, in the opinion of OUC, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured.

Before final acceptance of the work by OUC, the Supplier shall submit to OUC in duplicate a notarized affidavit stating that all subcontractors, vendors, persons or firms who have furnished labor, materials, goods or equipment for the work have been fully paid and that all taxes have been paid. A statement from the Surety shall also be submitted consenting to the making of the final payment (when a Performance Bond is provided).

GC 27.0 BINDING EFFECT.

All of the provisions of the Contract shall be binding upon and inure to the benefit of and be enforceable by the legal representatives, successors and assignees of OUC and Supplier.

GC 28.0 TIME IS OF THE ESSENCE.

Time is hereby declared of the essence in the performance of each and every provision of the Contract.

GC 29.0 RIGHT TO INSPECT/AUDIT DOCUMENTS.

During the term of this Contract and for a period of three (3) years following its termination, OUC shall have the right, at reasonable times and upon reasonable notice, to audit and inspect, any and all of the records having a bearing upon matters dealing with the Contract. Supplier shall grant representatives of OUC full access to these records to the extent necessary to adequately permit evaluation and verification of compliance with the terms and conditions of this Contract specifically including cost and allocations. Should Contractor have Service Organization Control (SOC) audits, Contractor shall provide, upon OUC request, a copy of their SSAE-16 SOC1 or SOC2 audit reports.

GC 30.0 GOVERNING LAWS.

The validity, construction, and performance of the Contract, shall be governed exclusively by the laws of the State of Florida. Venue shall be any court of competent jurisdiction located in Orange County, Florida. The Parties agree that in no event shall the Uniform Law on the Formation of Contracts for the Sale of Goods, based upon the United Nations Convention on Contracts for the International Sale of Goods (CISG) be applicable to this Contract. If the Supplier’s Goods or Services will gather or utilize OUC data that is subject to the European Union’s General Data Protection Regulation (“GDPR”), Supplier shall comply with the requirements of the GDPR and shall indemnify and hold OUC harmless from any such usage.

GC 31.0 FORCE MAJEURE.

31.1 Supplier Force Majeure Delay.

Supplier will not be liable for failure to perform any obligation or delay in performance of Work resulting from any cause beyond the reasonable control of Supplier, or from any act of God; act of civil or military authority;

act of war whether declared or undeclared; act (including delay, failure to act, or priority) of any governmental authority (federal, state or local); civil disturbance; insurrection or riot; sabotage; fire; inclement weather conditions; earthquake; or flood. Notwithstanding the above, Supplier shall not be excused from performance of any service under this GC. 30 for any cause resulting from the negligence of Supplier or failure to properly assess the availability of laborers, skilled trades or other workers or the timing of its service.

31.2 Extension of Services Schedule.

In the event of a delay or interruption in performance of service excusable under this GC. 30, the time of performance of such service by Supplier will be extended by a period of time the Parties agree is reasonably necessary to overcome the effects of the delay. An extension of time shall be the sole and exclusive remedy for any damages due to delay, including but not limited to loss of profits, loss of use, equipment rental or overhead expenses.

31.3 OUC Termination for Excessive Delay.

If due to the conditions specified above Article 30.1 the Supplier’s service is delayed for a period of more than ninety (90) days, OUC may terminate the Contract and shall have no further liability to Supplier except for payment for Goods and Services completed and Delivered in accordance with the Contract up to the termination date.

GC 32.0 DISPUTE PROCESS.

32.1 General.

32.1.1 The procedures specified herein shall be the sole and exclusive procedures for the resolution of disputes between the Parties arising out of or relating to this Contract. The Parties will participate in good faith in the procedures specified in this Section.

32.1.2 All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in this Section are pending. The Parties will take such action, if any, required to effectuate such tolling.

32.1.2 In the event of any dispute under this Contract which cannot be readily resolved, it shall be referred to the appropriate executives of the respective Parties to this Contract for negotiation and resolution as described below.

32.1.3 If the dispute has not been resolved by negotiation or mediation as provided herein within sixty (60) days of the initiation of such mediation procedure, either Party may initiate litigation upon ten

(10) days' written notice to the other Party; provided, however, that if one Party has requested the other to participate in a nonbinding procedure, as provided for under this Section, and the other has failed to participate, the requesting Party may initiate litigation before the expiration of the above period.

32.2 Disputes.

32.2.1 Disputes, as defined herein and under the Contract, include disagreements, claims, counterclaims, matters in question, and differences of opinion between OUC and Supplier, regarding the Goods and Services and modifications or changes to the work.

Disputes may involve the interpretation of the Contract, acceptability of the work, costs, and/or time for performance.

32.2.2 Disputes may also involve other subjects mutually agreed by OUC and Supplier.

32.3 Payment Disputes.

32.3.1 If a dispute arises between the Supplier and OUC, the dispute shall be submitted to an appropriate panel assembled by the director of procurement no later than forty-five (45) days after receipt of the disputed payment. OUC shall render a final decision on the disputed payment within sixty (60) days after receipt of the invoice.

32.3.2 If the dispute is decided in favor of OUC, interest shall begin to accrue fifteen (15) days after the decision is announced.

32.3.3 If the dispute is decided in favor of the Supplier, interest shall accrue as of the original date the payment became due.

32.3.4 The panel’s final decision can be taken as a Contract dispute through the process outlined below.

32.4 Step Negotiations.

32.4.1 Either Party may give the other Party written notice of any dispute not resolved in the normal course of business. Executives of both Parties at levels one step above the project personnel who have not previously been involved in the dispute shall meet at a mutually acceptable time and place within ten

(10) days after delivery of such notice and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. If the matter has not been resolved by these persons within thirty (30) days of the disputing party's notice, or if the Parties fail to meet within ten

(10) days, the dispute shall be referred to senior executives of both Parties who have authority to settle the dispute and who shall likewise meet to attempt to resolve the dispute.