RFQ_12-25_Remove_and_Replace_Section_of_Stainless_Steel_Oil_Pipes-FINAL.pdf

RFQ # 12-25

Request for Quote purchasing@keysenergy.com

Remove and Replace Section of Stainless Steel Oil Pipes

Due: Tuesday, February 18, 2025, by 12:00PM EST rodric Rectangle

KEYS REQUEST FOR QUOTE 12-25 REMOVE AND REPLACE SECTION OF STAINLESS STEEL OIL PIPES

CALL FOR QUOTES

THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, operator of Keys Energy Services (KEYS), hereby gives notice to prospective bidders for:

KEYS QUOTE # 12-25

REMOVE AND REPLACE SECTION OF STAINLESS STEEL OIL PIPES

KEYS has instituted the DemandStar system to provide current information to potential bidders. These systems will allow you to receive quote information quickly and at your convenience 24 hours a day, 7 days a week.

Specifications may be obtained from the website at www.DemandStar.com. Registered vendors will be notified automatically of all Requests for Quotes.

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 quote specification must submit them in writing via email to purchasing@keysenergy.com

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

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, quote schedule or quote schedules of the proposal which KEYS deems to be in the best interest of the Utility Board.

Christine Rodriguez, Buyer/Inventory Analyst 305-295-1195 Christine.Rodriguez@Keysenergy.com

A. GENERAL INFORMATION

Keys Energy Services (KEYS) is a municipal electric utility suppling power to residents of the lower Florida Keys. KEYS is located in the extreme Southern tip of peninsular Florida, situated in Monroe County, Florida, primarily what is considered the “Lower Keys”, which extends eastwardly from Key West to the east end of the Seven-Mile Bridge. Corporate Offices are located in Key West, Florida and the 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 Quotes (RFQ).

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.

B. INTRODUCTION

The purpose of this Request for Quote (RFQ) is to solicit quotes from qualified contractors to remove and replace section of stainless steel oil pipes in the Fleets and Facilities Building.

• Ralph Garcia Steam Plant, 6900 Front Street, Extended Stock Island Key West, FL 33040

SCOPE OF SERVICES & SPECIFICATIONS

• The Contractor shall provide all labor, tools, equipment, and materials necessary for complete removal and replacement of the following:

1. Remove existing section of leaking oil line pipes and replace with stainless steel pipe.

• If required, the Contractor shall include itemized pricing for plans, permit processing fees, actual city/ county permit fees, engineered drawings or electrical work that may be needed for hook-up.

• Review attached pictures provided as Exhibit A.

• The Contractor shall quote a base price based on Exhibit A and the outline of the Scope of Work.

• Keys Energy Services understands that this type of scope can possibly create hidden unknowns. In the event of an unpredictable unknown and the duration of the project changes, the Contractor shall submit an additional quote for Time and Materials.

• The Contractor shall fulfill the obligations of the base quote and if an additional scope is required for Time and Materials, it shall be a mutually agreed upon event.

• The Contractor shall invoice Keys Energy Services separately for the original Base Quote scope and for the Time and Materials scope and shall unequivocally not interchange the value of the work.

• At no time shall the Contractor perform or invoice any Time and Materials work until Keys Energy Services is advised and has agreed to additional scope. If unapproved work is performed outside of the base quote, the Contractor shall waive the right to invoice.

• The Contractor agrees that Keys Energy may request a reduction of base price quote for work not performed in order to facilitate a Time and Materials Scope for any unknown issues that may arise and that may or may not devalue the original base quote. This is contingent upon Keys Energy Services pre-approval, due diligence, the experience of the Contractor and the advice of Keys Energy Services.

A site visit is mandatory and can be scheduled by contacting Facilities Lead, Marc Palka at 305-295- 1165 Marc.Palka@Keysenergy.com to schedule a date and time.

The Contractor shall provide material submittals for pre-approval to Facilities Lead, Marc Palka at 305-295-1165 Marc.Palka@Keysenergy.com.

The Contractor shall conduct operations of scope in such a manner as to allow, during the performance of the work, ingress and egress for Keys Energy Services Employees, Customers and other authorized persons.

The work shall be conducted efficiently and at the least inconvenience to Keys Energy Services Employees, Customers and other authorized persons.

The Contractor shall provide all necessary safety equipment, materials, and personnel to protect the public walks and entrances to buildings and grounds within the work areas of the Scope so that Keys Energy Services Employees, Customers and other authorized persons including pedestrians and the public are protected at all times.

The Contractor shall protect and be responsible for the existing buildings, facilities, and improvements within the areas of the operations under the Scope. Should any portion of the buildings or areas be damaged due to work of the Scope, the Contractor shall report the conditions and circumstances to Keys Energy Services and shall make all necessary repairs and replacements to such damaged work at its own expense.

The Contractor shall be responsible for any damage or loss incurred because of the work of the Scope to Keys Energy Service’s property or other work, and shall, at its own expense, replace any material which, in the opinion of Keys Energy Services, has become damaged to such extent that it cannot be restored to its original condition.

All work shall be done in a neat clean manner by experienced and capable persons. The Contractor shall keep the premises free of debris and construction materials resulting from the work. All debris and such materials shall be removed from the premises at the end of each workday. Upon completion of the work, the Contractor shall assume ownership of all debris resulting from the work, remove it from the premises, and legally dispose of it, unless otherwise specified.

The work shall be conducted Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m.

No work shall be conducted on weekends or Federal holidays. If the Contractor fails to complete the work within a reasonable time frame that shall be pre-established and mutually agreed upon, the Contractor shall pay to Keys Energy Services as liquidated damages the sum of $100.00 for each day of delay.

EXHIBIT A

KEYS ENERGY SERVICES

GENERAL TERMS & CONDITIONS

ADDITIONS/DELETIONS

KEYS reserves the right to add or delete any item from this Quote 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 PROPOSAL PRICING

All bid proposals must remain firm for 120 days minimum.

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: Christine Rodriguez, Buyer / Inventory Analyst 305-295-1195 Christine.Rodriguez@Keysenergy.com

CONTRACT CHANGES

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

CONTRACT COMPLIANCE

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

CONTRACTOR LIABILITY

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

CONTRACTOR’S RESPONSIBILITIES

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

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

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

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

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

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

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

DELIVERY

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

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

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

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

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

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

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

ENTIRE AGREEMENT

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

ERROR IN BID CALCULATION

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.

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.

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.

PAYMENT

Payment will be made after acceptance of services and materials and within 30 days after receipt of invoice.

PENALTIES

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

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, 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.

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 KEYS. 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 to the Director of Administration, Compliance & Internal Policies.

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.

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 employee names of all individuals that will perform work at the various sites. KEYS may run DMV, mandatory felony and misdemeanor background checks due to security reasons. The successful bidder must expressly agree to the right for KEYS to run the aforementioned checks.

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

SEVERABILITY

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

SUBCONTRACTORS

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

SUBMISSION OF PROPOSAL

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

TAX

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

TERMINATION OF CONTRACT

When deemed to be in the best interest of KEYS, any awards or contracts resulting from this specification may be cancelled by KEYS by the following means: 1) ten (10)-day written notice with cause; or 2) thirty (30)-day written notice without cause.

WARRANTY

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

B. The foregoing warranties, except as to title, shall apply to defects or deficiencies occurring within a period of 18 months from time of delivery and Final Acceptance provided the same is not unreasonably delayed by the KEYS or others. If, however, during the above 18 months warranty period the Equipment is not available for operation due to a failure to meet such warranties, such time of unavailability shall not be counted as part of the warranty period. The condition of any field tests shall be mutually agreed upon, and Contractor shall be notified of and may be represented at all tests that may be made.

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

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

D. Any repaired or replacement part furnished under the foregoing warranty shall carry warranties on the same terms as set forth above for 18 months from the date of its Final Acceptance.

E. Contractor shall obtain written warranties from its Subcontractors and suppliers of Materials, Labor and Equipment components where such warranties are obtainable and shall deliver the original warranties to KEYS.

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

WITHDRAWAL OF PROPOSAL

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

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

INSURANCE SECTION

INDEMNITY AND INSURANCE REQUIREMENTS

By the signing of this contract and these indemnity and insurance requirements, the vendor agrees with the provisions shown below.

INDEMNITY

Contractor shall indemnify, defend and hold harmless KEYS and their officers, partners, agents, employees and servants from and against any and all claims, judgments, liens, loss, damage, cost, charge or expense, including defense costs, court costs and attorneys' fees, whether direct or indirect, by reason of liability imposed by law or by bodily injuries, including death at any time resulting there from, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising out of or in consequence of the performance of the Contract, whether such injuries to or death of persons or damages to property are due or are claimed to be due to operations, errors, omissions, or negligent acts of KEYS or any of their officers, partners, agents, employees or servants, excepting only such injuries or damages as shall have been finally determined to have resulted solely from errors, omissions or negligent acts of KEYS or of their officers, partners, agents, employees or servants or independent contractor directly responsible to KEYS. For this indemnity, the Utility Board of the City of Key West will pay the sum of ten dollars ($10.00). The bidder shall add this amount ($10.00) to their base bid proposal, which will be included in payment to firm.

INSURANCE REQUIREMENTS

The insurance provided by the Vendor pursuant to this Contract shall apply on a primary basis and any other insurance provided by KEYS shall be excess of and not contributory to the insurance provided by the Vendor.

During the term of this agreement, except as specifically provided herein, contractor shall provide and maintain, at his sole cost and expense, insurance in the following types and amounts to cover all work under this agreement, including that done by sub-contractors.

The Vendor shall not commence any work on the contract until he has provided KEYS with proof of coverage’s required, in the form an original certified Certificate of Insurance properly signed by the authorized agent of the insurance company. The insurance company must be an eligible surplus lines company or a company authorized by the Florida State Department of Insurance to sell the specific insurance required or with respect to Workers' Compensation authorized as a group self-insurer by Florida Statue 440.57. The agent of the insurance company must be licensed to sell the insurance coverage’s required under this contract. Without limiting any of the other obligations or liabilities of the Vendor, the following insurance coverage’s with indicated limits of liability are mandatory under this contract. Those coverage’s with no limits shown are not required.

VENDOR’S ENVIRONMENTAL IMPAIRMENT RESPONSIBILITY

A. The Vendor acknowledges that the performance of this contract is, or may be, subject to Federal, State, and Local laws and regulations enacted for the purpose of protecting, preserving, or restoring the environment. The Vendor shall, at his sole cost, will be responsible for full compliance with any such laws or regulations.

B The Vendor’s performance under this contract shall include, but not be limited to:

1. Performance in a manner to minimize disturbance of or damage to the environment.

2. To the extent caused by the performance of this contract by or on behalf of the Vendor, the clean-up, repair or restoration of the environment to the extent required by any Federal, State, or Local laws or regulations.

C. The Vendor shall be responsible for any fines, penalties, damage, or assessments made against the Vendor or KEYS resulting from the performance of this contract by or on behalf of the Vendor.

D. The Vendor’s obligation under paragraph B and C above shall survive the contract and shall not be limited in any manner by acceptances socialof final payments.

WORKERS COMPENSATION--EMPLOYER'S LIABILITY INSURANCE

Shall provide benefits consistent that will respond to all benefits as prescribed by Florida Statues. To include employers Liability Insurance shall be provided in accordance with statutes of the Florida Workers Compensation Act, Federal Employers Liability Act and any other applicable federal or state laws. Customarily provided under the standard Workers Compensation Policy shall provide the following limits:

Each Accident $ 100,000.00 Disease-Policy Limit $ 100,000.00 Disease-Each Employee $ 100,000.00

COMMERCIAL GENERAL LIABILITY INSURANCE

This insurance shall cover those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form as published by the Insurance Services Office (ISO) as filed for use in Florida without the attachment of restrictive endorsements other than the elimination of medical payments and fire damage legal liability.

General Aggregate $ 2,000,000.00 Limit of Insurance per project Products/Completed Operation $ 2,000,000.00 (Coverage for 3 yrs. after contract completion) Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00

BUSINESS AUTOMOBILE POLICY

This insurance shall cover those sources of liability which would be covered by Part IV of the latest edition of the standard business auto policy form (ISO) as filed for use in Florida without attachments of restrictive endorsements. Coverage’s shall include owned, non-owned, and hired autos.

The policy shall be endorsed to include coverage as required by Section 29 and 30 of the Motor Carrier Act of 1980 (MCS 90).

Each Occurrence Bodily Injury and Property Damage Liability Combined $ 1,000,000.00

ADDITIONAL INSURED

The Utility Board of the City of Key West shall be included as an additional insured for Comprehensive General Liability Form (ISO).

WAIVER OF SUBROGATION

Contractor’s Workers Compensation and Commercial General Liability insurance shall include a Waiver of Transfer of RIGHTS OF Recovery against others to KEYS ‘(ISO Form). The Utility Board of the City of Key West must be named in the schedule for the specific project involved.

ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE [only applicable if accessing poles by water] Insurance shall cover contractor for those sources of liability arising out of the rendering of or failure to render specified service in the performance of this contract including any hold harmless and/or Pollution Liability Coverage Form (ISO Form) including the Insured Site Definition (Contractors) Form (ISO Form) without restrictive endorsements.

The minimum limit to be maintained by contractor (inclusive of any amounts provided by an Umbrella or Excess Policy) shall be:

Site Specific Coverage: $ 500,000.00 each loss (Applicable to disposal $ 500,000.00 aggregate and storage sites)

Off-Site Coverage: $ 500,000.00 each loss (Applicable to disposal $ 500,000.00 aggregate operations at non-owned sites)

If written on a claims made form, such insurance shall be maintained in force so that it will respond to claims arising out of accidents, occurrences, and incidents happening after the commencement of this contract, but before the end of five (5) years after the contract completion date.

Contractor shall provide the KEYS a certified copy of the Environmental Impairment Liability insurance coverage required above. In addition, contractor shall require the Owner of the disposal or storage site, if different from contractor, to furnish a certified copy of its Environmental Liability Policy.

KEYS REQUEST FOR QUOTE 12-25 REMOVE AND REPLACE SECTION OF STAINLESS-STEEL OIL PIPES

(Please type or print all information)

Pursuant to and in compliance with your advertisement for bids and other contract documents relating thereto, the undersigned bidder, having familiarized himself with the terms and conditions affecting the performance of the contract contained in the specifications, hereby proposes and agrees to perform within the contract documents, schedules, and specifications for the following amounts.

NOT TO EXCEED PRICING:

Deliverable Total Cost

Remove and Replace Section of Stainless-Steel Oil Pipes

Indemnity Fee $10.00

Total Price

Written Total: ________________________________________________________________________

Please provide schedule and anticipated start date:

Proposal Page 1 of 1

BIDDER’S STATEMENT

In consideration of this contract, if awarded, the Vendor agrees without reservation to KEYS’ Terms & Conditions, Indemnification Clause, and insurance clause herein. The signing of this statement confirms the Vendor’s acceptance, which will become a part of the contract.

DATE:

FIRM NAME: EMAIL:

SUBMITTED BY:

Print Name & Title

SIGNATURE:

WITNESS:

NOTICE: THIS SIGNATURE PERTAINS TO THE ACKNOWLEDGEMENT AND

ACCEPTANCE OF THE ENTIRE TERMS & CONDITIONS. ANY EXCEPTIONS TO

THIS AGREEMENT SHOULD BE NOTED SEPARATELY.

FAILURE TO COMPLETE ABOVE NOTED DOCUMENT WILL RESULT IN

NON-COMPLIANCE WITH THESE SPECIFICATIONS.

Keys Energy Services Safety Compliance Affidavit

Keys Energy Services [KEYS] requires all Contractors to follow the American Public Power Association (APPA) Safety Manual while working for KEYS on all projects.

It is solely contractor’s Responsibility to:

1. Obtain the latest edition of the APPA Safety Manual at their expense from the American Public Power Association (http://www.publicpower.org/Topics/Landing.cfm?ItemNumber=38512)

2. Comply to the required safety protocols described in the APPA Safety Manual – for contractor’s employees and sub-contractors;

3. Appoint a qualified employee who is authorized to monitor, supervise and ensure compliance to APPA Safety Manual’s protocols on the job site and

4. Do whatever is necessary for safety compliance and be solely and completely responsible for conditions of the job site, including safety of all persons and property during the project’s duration.

It is not the responsibility of KEYS to review or police contractor’s implementation of the APPA Safety Manual’s protocols.

As the person authorized to sign this affidavit, I certify that this firm understands and will fully comply with the above requirements.

Company Name:

Representative’s Printed Name:

Representative’s Signature:

Date Signed:

DRUG-FREE WORKPLACE STATEMENT

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

The undersigned vendor in accordance with Florida Statues Section 287.087 hereby certifies that does:

(Name of Business)

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

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

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

4. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

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

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

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

Print Name

Vendor's Signature

Date:

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER

OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to

(print name of public entity) by

(print individual’s name and title) for (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is

If the entity has no FEIN, include the name of the individual signing sworn statement:

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contender.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

a. A predecessor or successor of a person convicted of a public entity crime; or

b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employee, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a “person’ as defined in Paragraph 287.133(1)(e), Florida Statutes, means:

a. any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity.

b. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies):

Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with the convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer, determined that is was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER

FOR THE PUBLIC ENTITY IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY

ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR

IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE

PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD

AMOUNT PROVIDE IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY

CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

STATE OF

(Signature) (Date)

COUNTY OF

PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature in the space provided above on this day of of 20 .

NOTARY PUBLIC

My Commission Expires: