RFQ_16-526-CV_WINDOW_INSTALLATION_MARYDIA.pdf

REQUEST FOR QUOTATION

RFQ #16-526-CV

INSTALLATION OF WINDOWS AT MARYDIA

THIS IS NOT AN ORDER

R Coraly Vazquez, CPPB, FCCM E Senior Buyer T TO: Kissimmee Utility Authority Date Issued: 07/19/2016 U Finance and Administration R 1701 W. Carroll Street Telephone: (407) 933-9802 N Kissimmee, Florida 34741

DUE DATE: QUOTATION MUST PHYSICALLY BE IN THE DEPARTMENT ON OR BEFORE FRIDAY,

JULY 29, 2016 BY 3:00 PM LOCAL TIME.

ADDRESS: 1701 W. CARROLL STREET, KISSIMMEE, FLORIDA.

PRE-BID MEETING: A PRE-BID MEETING IS SCHEDULED FOR FRIDAY, JULY 22, 2016 AT 8:00 AM

LOCAL TIME AT MARYDIA SUBSTATION PAVILION 1150 GARDEN STREET, KISSIMMEE, FLORIDA

34741

Quotations shall be submitted on the forms provided and must be signed.

Quotations received after the opening date and time will be rejected and returned.

The attached Quotation shall become part of any purchase order resulting from this Request for

Quotation.

Quotation may be fax or e-mail to (407) 932-3286 or purchasing@kua.com

COMPANY NAME: _______________________________________________________________________________

ADDRESS: _____________________________________________________________________________

PHONE: _________________________________ EMAIL: ____________________________________

See attached General Conditions, Specifications, and Quotation Form for detailed description.

PLACE OF DELIVERY: FOB DESTINATION

The articles to be Furnished Hereunder Shall be Delivered All Transportation Charges Paid By the Supplier to Destination.

It is the intent and purpose of the Kissimmee Utility Authority that this Request for Quotation promotes competitive quoting. It shall be the quoter's responsibility to advise the Finance & Administration Department if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Request for Quotation to a single source. Such notification must be submitted in writing and must be received by the Finance & Administration Department not later than ten (10) days prior to the opening date.

Title: INSTALLATION OF WINDOWS AT MARYDIA Request for Quotation RFQ #16-526-CV

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I. OVERVIEW & QUOTING INSTRUCTIONS

1. Delivery Requirements

Any quotes received after the stated time and date will not be considered. It shall be the sole responsibility of the quoter to have their quote delivered to KUA Finance and Administration /Purchasing Division for receipt on or before the stated time and date. If a quote is sent by U.

S. Mail, the quoter shall be responsible for its timely delivery to the Finance and Administration Department/Purchasing Division. Quotes delayed by mail shall not be considered, and arrangements shall be made for their return at the quoter’s request and expense. However, KUA reserves the right, in its sole discretion, to accept a late quote provided the quoter provides sworn, incontrovertible proof the delay was due to delivery factors beyond its control.

This reservation of acceptance does not apply to quotes that are sent via U.S. Mail and arrive late. Such quotes will not be considered.

2. Clarification and Addenda

Each quoter shall examine all RFQ documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the RFQ shall be addressed to the contact person. Clarification of RFQ’s submitted shall be in letter form, signed by the quoter. KUA shall not be responsible for oral interpretations given by any KUA employee, representative or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this RFQ, KUA will attempt to notify all prospective quoters who have secured same. However, it shall be the responsibility of each quoter, prior to submitting their quote, to contact the Finance and Administration Department/Purchasing Division to determine if addenda were issued and to make such addenda a part of their quote.

3. Irrevocable Offer

Any quote may be withdrawn up until the date and time set above for opening of the RFQ. Any quote not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of ninety (90) days to sell KUA the goods or services set forth in this RFQ until one or more of the quotes have been duly accepted by KUA.

4. Reserved Rights

KUA reserves the right to accept or reject any and/or all quotes, or any part thereof and/or to waive irregularities and technicalities and to request submission. Also, KUA reserves the right to accept all or any part of the quote and to increase or decrease quantities to meet additional or reduced requirements of KUA. Any sole response received by the first submission date may or may not be rejected by KUA depending on available competition and timely needs of KUA.

For each item or for all items combined, the quote of the lowest responsive, responsible quoter will be accepted, unless all quotes are rejected.

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To be responsive, a quoter shall submit a quote that conforms in all material respects to the requirements set forth in the RFQ.

The lowest responsible quoter shall mean that quoter who makes the lowest quote to sell goods and/or services of a quality which conforms closest to the quality of goods and/or services set forth in this RFQ otherwise required by KUA and who is known to be fit and capable to perform the quote as made.

To be a responsible quoter, the quoter shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, KUA reserves the right to make such investigation as it deems necessary to make this determination. Such information may include but shall not be limited to: current financial statements; verification of availability of equipment and personnel; and past performance records. In the event that any pay item price is determined to be unreasonably low or unreasonably high, the bid may be declared non-responsive and may not be considered.

5. Collusion

By offering a submission to this RFQ, the quoter certifies that the quoter has not divulged, discussed, or compared his quote with any other quoter and has not colluded with any other quoter or parties to this quote whatsoever. The quoter also certifies that in connection with this quote:

Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other quoter or with any competitor.

Any prices and/or cost data submitted for this quote have not knowingly been disclosed by the quoter and will not knowingly be disclosed by the quoter prior to the scheduled opening directly or indirectly to any other quoter or to any competitor.

No attempt has been made or will be made by the quoter to induce any other person or firm to submit or not to submit a quote for the purpose of restricting competition.

The only person or persons interested in this quote, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this quote or in the contract to be entered into and;

No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee accepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business.

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6. Quote Forms, Variances, Alternates

Quotes must be submitted on attached KUA quote forms (if provided) with other exhibits, although additional information may be attached. All blank spaces must be completed with the appropriate response. The quoter must state the price, typewritten or written in ink, for which he proposes to complete each item of the project. Quoters must indicate any variances from the conditions of the RFQ; otherwise quoters must fully comply with the RFQ in its entirety.

Alternate Quotes may or may not be considered at the sole discretion of the Comptroller.

7. Basis for Award

Factors that will be considered in the award of the contract include, but are not limited to the following:

a. Quoted pricing structure (lump sum, unit price, firm or subject to escalation, etc.)

b. Response time upon issuance of notice to proceed and time of completion or delivery.

c. Quality of workmanship and responsiveness as represented by references.

d. Capabilities, experience and equipment necessary to do required work.

e. Financial capability, location of facilities, safety statistics, etc.

f. Exceptions to KUA’s standard terms and conditions.

g. KUA’s previous experience with bidder.

The contract resulting from this solicitation will be awarded to that responsible bidder whose bid conforming to the invitation is determined most responsive and/or advantageous to KUA, price and other factors considered. The offeror’s bid shall be in the form prescribed by this invitation and shall contain a response to each of the areas identified which affects the evaluation factors for award.

Exceptions to the bid may be considered if determined minor in nature and acceptable to KUA’s application. All exceptions shall be noted on the attached “Affidavit of Compliance” response form.

8. Regulations

It shall be the responsibility of each quoter to assure compliance with all OSHA, EPA and/or Federal or State of Florida rules, regulations or other requirements, as each may apply.

9. “Statement of No Quote” Response Form

If not submitting a quote, respond by returning the “Statement of No Quote” response form no later than the stated opening date and time, and explain the reason in the space provided.

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10. Equal Employment Opportunity Clause

KUA of Kissimmee, Florida, in accordance with the provision of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all agencies that it will affirmatively ensure that in any contract entered into pursuant to this advertisement minority business will be afforded full opportunity to submit quotes in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

11. Drug-Free Workplace

A Drug-Free Workplace Statement must be completed, signed, and returned with quote. This form will be used whenever two or more quotes that are identical with respect to price, quality, delivery, and service are received; a quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

12. Public Entity Crime Information

A person or affiliate who has been placed on the convicted quoter list following a conviction for a public entity crime may not submit a quote on a contract to provide any goods or services to a public entity, may not submit a quote on a contract with a public entity for the construction or repair of a public building or public work, may not submit quotes on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with an public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted quoter list.

13. Errors in Quotes

Quoters or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting quotes; failure to do so will be at the quoter’s own risk. Neither law nor regulations make allowance for errors either of omission or commission on the part of quotes. In case of error of extension of prices in the quotes, the unit price shall govern.

14. Descriptive Information

Unless otherwise specifically provided in the specifications, all equipment, materials, and articles incorporated in the product/work covered by the agreement are to be new and of the most suitable grade for the purpose intended. Reference to any equipment, material, or article or patented process, by trade name, make, or catalog number shall not be construed as limited competition. If the quoter wishes to make a substitution to the specifications, the quoter shall furnish to KUA the name of the manufacturer, the model number, and other identifying data and information necessary to aid KUA in evaluating the substitution, and such substitution shall be subject to KUA approval. Substitutions shall be approved only if determined by KUA to be

Kissimmee Utility Authority Page 6 of 31 equivalent to the specifications. A quote containing a substitution is subject to disqualification if the substitution is not approved by KUA.

Specified items proposed shall be identified by brand name, number, manufacturer, and model, and shall include full description information, brochures, or appropriate attachments.

15. Quality Guaranty

If any product/service delivered does not meet applicable specifications or if the product/service will not produce the effect that the quoter represents to KUA, the quoter shall remove the product or stop the service at no expense to KUA. Also, the quoter shall refund to KUA any money which has been paid for same. The quoter will be responsible for attorney fees in the event that he/she defaults and court action is required.

16. Quality Terms

KUA reserves the right to reject any or all materials/services if, in its judgment, the item/service reflects unsatisfactory workmanship or manufacturing or shipping damage.

17. Cancellation

It is the intention of KUA to purchase material or services from sources of supply that will give prompt and convenient shipment/service. Any failure of the quoter to satisfy the requirements of KUA shall be reason for termination of the award. Any quote may be rejected in whole or in part for good cause when in the best interest of KUA.

18. Pricing and Payment

Prices quoted shall be used for payment and these prices shall be deemed to include payment in full for all transportation in delivering all supplies to the point of delivery. All items to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production and of the most suitable grade for the purpose intended.

The Contractor shall pay for all taxes, licenses, permits, and inspections required for the work.

19. Jessica Lunsford Act Compliance

In the event Contractor performs services for KUA on the premises of any Osceola County School Board property, Contractor hereby certifies that it complies with the Jessica Lunsford Act (Florida Statutes, 2005) and that all employees of Contractor, including the employees of subcontractors, materialmen, agents or anyone else hired by Contractor to perform work under this Contract, accessing such property in the performance of KUA-related work have cleared sexual predator/offender and U.S. Department of Justice criminal databases. Contractor

Kissimmee Utility Authority Page 7 of 31 agrees to furnish written proof of such compliance and a list of names of all of persons cleared before accessing any public school property on KUA-related work. Contractor also agrees not to permit any of its employees, or the employees of any subcontractors, materialmen, agents or anyone else hired by Contractor to perform KUA-related work, to access Osceola County School Board property if they have not been checked or cleared on the databases described herein. In the event Contractor fails to comply with this section, Contractor shall indemnify and hold KUA harmless for any and all claims, suits, actions, causes of actions, damages, losses, liability, expenses, or costs, in accordance with the terms and provisions of this Contract governing Contractor’s obligation to indemnify KUA.

20. KUA Sovereign Immunity

No provision of this contract is intended, or shall be construed, to be a waiver for any purpose by KUA of its sovereign immunity, and any accompanying limitations on KUA’s liability pursuant to same, as set forth in Florida Statutes, Chapter 768, Section 768.28

21. Disposal of Hazardous Waste and Used Materials

All hazardous waste and used materials, such as containers, liquids, rags, filters, and solvents, etc. must be disposed of in accordance with all Federal, State and Local regulations.

Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Section.

22. Release of Liability

Acceptance by the contractor of the last payment shall be a release to the owner and every officer and agent thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the contract, or for any act of neglect of the owner or of any person relating to or affecting the contract except for any claim made previously known in writing to the owner for which resolution has not occurred prior to last payment.

23. No Third Party Beneficiaries

No provisions of this contract shall be construed to benefit in any way any party not a signatory hereto.

24. Compliance with Laws and Regulations

By its signature on the Contract Agreement, Contractor hereby certifies that it is aware of any and all applicable federal, state and local laws, regulations, orders of courts and/or governmental agencies, ordinances and permitting requirements and further certifies that it has taken or will take all actions necessary to ensure full compliance with such requirements, including full compliance by any subcontractors and/or materialmen employed by Contractor to

Kissimmee Utility Authority Page 8 of 31 perform on this Contract. Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Section.

25. Certification of OSHA and Indemnification and all applicable federal and state requirements, including those imposed by rules and regulations of relevant governmental authorities, of the Occupational Safety and Health Act, and further certifies that it has taken and will take all actions necessary to ensure full compliance with such requirements, including compliance by its employees, subcontractors and materialmen (and any person employed by either) for the duration of this Contract.

Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Section.

26. I-9 Verification Compliance and Indemnification and all applicable federal immigration law requirements, including, without limitation, Contractor’s obligation to properly verify the legal work status of each of its employees by the filing of a complete and accurate Form I-9. Contractor also acknowledges the importance of ensuring that all personnel accessing any of KUA’s property have been properly verified through the I-9 documentation process. Accordingly, Contractor further certifies that it has taken and will take all actions necessary to ensure full compliance with the Form I-9 requirements, and any other applicable immigration law requirements, and shall also ensure the compliance with such requirements by any subcontractors and materialmen employed by Contractor on this Contract. Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Section.

*****END OF THIS SECTION*****

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II. GENERAL CONDITIONS & SPECIAL INSTRUCTIONS

1. General

These instructions are standard for all contracts for commodities and/or services issued to Kissimmee Utility Authority. KUA may delete, supersede or modify any of these standard instructions. Quoter agrees that the provisions included within this quote shall prevail over any conflicting provisions within any standard form contract of the quoter regardless of any language in quoter’s contract to the contrary.

2. Governing Law, Jurisdiction and Venue

This Agreement, and all matters arising directly or indirectly from this Agreement, will be governed by and construed in accordance with the law of the State of Florida without giving effect to the conflicts of laws, provisions or principles thereof. For any legal action, suit, claim, or other proceeding arising out of or in any way connected with this Agreement, each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts sitting in, or having principal jurisdiction over, Osceola County, Florida.

3. Hindrances and Delays

The contractor expressly agrees that in undertaking to complete the work/services within the time specified, he/she has made allowances for all hindrances and delays that might usually be expected to occur in performing the work/services. No claims shall be made by the contractor or his subcontractors for such hindrances and delays.

If the contractor or his/her subcontractors experiences hindrances and delays which, in his opinion, are not usually to be expected in the performance of the work/services, and which affect the performance of the work/services, he/she may request a change in the agreement.

Such hindrances and delays may include, but not be limited to, acts or failures to act by the owner or other contractors employed by the owner, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.

If a change in the contract is required due to work suspensions or hindrances and delays that are provided for above, the contract price will be increased according to agreed lump sums, agreed acceleration costs, or other demonstrable costs submitted by the contractor and substantiated to the satisfaction of the owner.

4. Liens

This project is a "public work" project under Chapter 255, Florida Statutes. No liens may be filed against the owner. Any claimant may apply to the owner for a copy of this quote. The claimant shall have a right of action against the contractor and surety for the amount due him/her. Such action shall not involve the owner in any expense. Claims against the contractor or the surety are subject to timely prior notice to both the contractor and the surety as specified

Kissimmee Utility Authority Page 10 of 31 in section 255.05, Florida Statutes.

THE CONTRACTOR SHALL INSERT THE FOLLOWING PARAGRAPH IN EVERY SUB-

SUBCONTRACT HEREUNDER:

“Notice: Claims for labor, materials and supplies are not assertable against Kissimmee Utility Authority, and are subject to proper prior notice to the contractor and to the surety, pursuant to Chapter 255 of the Florida Statutes.”

5. Responsibility for Damage to KUA Property

The successful contractor shall use reasonable care to avoid damaging KUA property. If the contractor's failure to use reasonable care causes damage to any of this property, the contractor shall replace or repair the damage at no expense to KUA.

6. Prohibition of Assignment

Neither the owner nor contractor shall assign, sublet or transfer any interest in this agreement without the written consent of the other. Contractor shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), nor shall contractor assign any monies due or to become due to it under this agreement without the prior written consent of the owner thereto. Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to the agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire agreement are binding on the heirs, successors, and assigns of the parties hereto.

7. Independent Contractor- Not an Employee of KUA

It is understood and agreed that contractor is an independent contractor and not an employee of the owner. The owner will not withhold income taxes, social security or any other sums from the payments made to the contractor herein. The contractor shall in no way hold himself/herself out to any third person as an agent of the owner. All persons furnished by contractor shall be considered solely its employees or agents and contractor shall be responsible for payment of all unemployment, social security and other payroll taxes, including making contributions when required by law.

8. No Waiver of Rights

No partial payment made under this agreement shall be evidence of the performance of the agreement either wholly or in part, and no payment shall be construed to be an acceptance of improper material or unsatisfactory performance. No act of the owner in superintending, nor failure to disapprove or reject any material or services used therein, nor any extension of time for the completion of the material/service shall be construed as acceptance of the work either wholly or in part. Acceptance shall be evidenced only by the final payment by the owner.

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9. Contract Documents Defined and Made Binding

All of the RFQ procedures, General Conditions, Special Instructions, and all attached requirements and specifications set forth herein shall, together, form the Contract Documents and as such shall be incorporated by reference into and made a part of the Contract Agreement executed between owner and contractor such that all the terms and conditions of the Contract Documents shall be fully binding on each party. By submitting a signed quote in response to this above numbered RFQ, the contractor agrees to be bound by any and all terms and conditions of the Contract Documents.

10. Contract Documents Not Affected by Oral Agreement

No oral statement of any person shall modify or otherwise affect the terms, conditions, or specification stated in the Contract Documents. All modifications, amendments and/or addenda to the Contract Documents must be made in a writing or writings executed by contractor and owner in order to be legally enforceable.

11. Other Governmental Agencies

Each governmental agency desiring to accept this quote, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and billing. Each agency shall be liable only for materials ordered and received and services rendered to it and no agency assumes any additional liability by virtue of this quote.

12. Purchase Orders and Termination

P.O.’s may be issued with an electronic signature. P.O.’s signed electronically shall be fully effective and legally enforceable. By furnishing any services in response to a P.O. and/or giving any other indication of acceptance by P.O., the contractor agrees to be bound by all the terms and conditions set forth therein. Every P.O. issued under this above-numbered RFQ will be considered an enforceable addition to the Contract Documents.

The agreement may be terminated by either party without cause, by giving written notice of termination of thirty (30) days advance notice of termination. If at any time during this agreement KUA finds sufficient cause regarding this service, such as unprofessional treatment of KUA customers, or default or negligence on the part of the contractor, KUA will immediately request a meeting to resolve any of the above issues or other related issues. If KUA finds, in its sole discretion, that these issues cannot be resolved to its satisfaction, KUA may waive the thirty (30) day advance notice requirement and may terminate the contract immediately.

This agreement is subject to immediate termination for severe breach of security or for misappropriation of KUA property.

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Contractor recognizes and acknowledges the critical requirement that services be delivered without interruption; therefore, Contractor agrees to meet payroll consistently. Any failure to meet payroll constitutes a default of this contract subjecting Contractor to termination for cause procedures as specified herein.

13. Indemnity

To the fullest extent permitted by laws and regulations, and in consideration of one percent of the contract price, the amount of which is included in the contract price, the successful contractor shall indemnify and save harmless KUA and its board members, officials, directors, partners, consultants, agents, and employees from and against all claims, suits, actions, damages, or causes of action including claims for any personal injury, loss of life, or damage to property arising during the terms of the resulting agreement due to the performance of the services or delivery of goods for which the resulting agreement was entered into by contractor, any subcontractor, sub-supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, including but not limited to their agents, employees, invitees, and all other persons, and for and against any orders, judgments, or decrees, which may be entered thereto, and from and against all costs, attorney's fees, expenses and liabilities incurred in or by reason of the defense of any such claim, suit or action, and the investigation thereof. Nothing in the award, resulting agreement, contract, or purchase order shall be deemed to affect the rights, privileges and immunities of KUA as set forth in Florida Statute 768.28.

The successful contractor(s) covenants and agrees to indemnify and save harmless KUA and to defend from all cost, expenses, damages, attorney's fees, injury or loss to which KUA and/or its board members, officials, directors, partners, consultants, agents, or employees may be subjected by any person, firm, corporation, or organization by reason of any wrongdoing, misconduct, want, or need of care or skill, negligence or default or breach of contract, guaranty, or warranty, by the successful contractor(s), his subcontractor, sub-supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable.

14. Florida Sunshine Law Requirements

Contractor acknowledges that KUA, as a local government agency, is subject to public records disclosure requirements contained in Florida Statutes, §119.07, et seq. Contractor further understands that to the extent it should act on behalf of KUA in carrying out the terms and conditions of this Contract, it would be subject to the public records retention and other requirements set forth in Florida Statutes, §119.0701. Contractor acknowledges that it has read and is fully aware of the requirements set forth in Florida Statutes, §119.0701 and agrees to fully comply with the requirements therein to the extent it acts on behalf of KUA.

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III. SPECIAL INSTRUCTIONS

1. Conflict of Specifications

In the event that a conflict exists between the General Conditions, Quoting Instructions, and the Special Instructions contained herein, the Special Instructions shall govern.

2. Warranty and Guarantee

Contractor agrees that materials pursuant to the contract documents will come with a separate, all encompassing and comprehensive warranty which will be furnished to owner at the time of the material’s delivery. Warranty coverage shall commence on the first day of service to KUA.

Each product furnished shall be guaranteed by the successful contractor to be free from adulterants or impurities which might cause hazards or stoppages in the operation of standard equipment using the specified products.

KUA will not accept any disclaimer of warranties of merchantability and fitness for a particular purpose for the product(s) and/ or service(s) offered. Quotes will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer’s warranty is to be submitted with the quote.

3. Verbal Statements

It is understood and agreed that the written terms and provisions of this agreement will supersede all verbal statements of representation of KUA, and verbal statements shall not be effective or be construed as being a part of this purchase.

4. Hazardous Material Provision

Where applicable, the quoter agrees to furnish KUA with a current Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDS’s shall be provided for all shipments. Send MSDS’s and other pertinent data to Kissimmee Utility Authority (KUA) at the “Ship to” address.

5. Questions

During the submission process, to ensure fair consideration for all prospective bidders KUA prohibits communication to or with any department or employee, except as provided in the following paragraph. During the evaluation process, KUA prohibits communications initiated by a bidder to any KUA employee evaluating or considering the bids prior to the time an award decision has been made. Any communication between the bidder and KUA will be initiated by the appropriate KUA Purchasing Division employee in order to obtain information or clarification needed to develop a proper, accurate evaluation of the bid. Such communications initiated by a bidder may be grounds for disqualifying the offending bidder from consideration

Kissimmee Utility Authority Page 14 of 31 for award of the bid and/or any future bid.

Any questions relative to interpretation of specifications or the bid process shall be addressed to Coraly Vazquez, in writing through July 25, 2016 by 3:00 PM period set for the receipt and opening of bids purchasing@kua.com. Any interpretation made to prospective companies will be expressed in the form of an addendum to the specifications, which, if issued, will be conveyed in writing to all prospective companies.

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IV. INSURANCE REQUIREMENTS

1. Insurance

Except as otherwise specified in this contract, the contractor and his/her 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 coverage’s with limits not less than those set forth below with insurers and under forms of policies satisfactory to the owner. It shall be the responsibility of the contractor to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the contractor to maintain adequate coverage shall not relieve him of any contractual responsibility or obligation.

The requirements specified herein as to types, limits, and owner’s approval of insurance coverage to be maintained by the contractor and his/her subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the contractor and his subcontractors under this contract.

Any insurance carried by the owner which may be applicable shall be deemed to be excess insurance and the contractor’s insurance primary for all purposes despite any conflicting provision in the contractor’s policies to the contrary.

For insurance purposes, the title of ownership of materials furnished under this contract shall remain with the contractor until the owner receives such materials at the specified destination.

2. Additional Insured

Upon award, all insurance coverage furnished under this contract, except for Workers’ Compensation and Employer’s Liability, shall include the owner and its board members, officials, directors, partners, consultants, agents, and employees as additional insured’s with respect to the activities of the contractor and his subcontractors. These policies shall contain a “cross-liability” or “severability of interest” clause or endorsement. 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, except the insurer’s liability shall not be increased beyond the amount or amounts for which the insurer would have been liable had only one insured been named. The owner shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

3. Waiver of Subrogation

The contractor and his/her subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against owner, its board members, officials, directors, partners, consultants, agents, and employees.

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KUA shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor and/or subcontractor providing such insurance.

4. Certificates of Insurance

A Certificate of Insurance Form will be furnished by the Contractor upon notice of award.

These shall be completed by the authorized representative and presented to the Finance and Administration Department/Purchasing Division. The certificate shall be dated and show the following:

a. The name of the insurer, the effective and termination date, the specified job by name and quote number, name of the insured contractor and the policy number.

b. Statement that the insurer will mail notice to KUA at least thirty (30) days prior to any material deviations or cancellations of the policy.

c. Shall include all deductibles and/or self insurance retentions for each line of insurance coverage.

d. The Certificate(s) of insurance shall designate KUA as certificate of holder as follows:

Kissimmee Utility Authority Attention: Finance and Administration Accounting/Purchasing Division 1701 W. Carroll Street Kissimmee, FL 34741

5. Workers’ Compensation and Employer’s Liability

This insurance shall protect the contractor against all claims under applicable state workers’ compensation laws. The insured shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers’ compensation law. This policy shall include an "all states" or "other states" endorsement.

The liability limits shall not be less than:

Insurance: Description:

Workers’ Compensation Employer’s Liability

Statutory $500,000.00 each occurrence

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6. Comprehensive Automobile Liability

This insurance shall be written in comprehensive form and shall protect the contractor and the additional insured 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 Property damage

$1,000,000.00 combined single limit Each occurrence

7. Comprehensive General Liability

This insurance shall be an "occurrence" type policy written in comprehensive form and shall protect the contractor and the additional insured against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the owner or others arising out of any act or omission of the contractor or his agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, a "protective liability" endorsement to insure the contractual liability assumed by the contractor and "Completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment).

Personal injury and Property damage

$1,000,000.00 combined single limit each occurrence and $1,000,000.00 aggregate

8. Umbrella Liability Policy

This insurance shall protect the contractor and the additional insured against all claims in excess of the limits provided under the employer’s liability, comprehensive automobile liability, and the comprehensive general liability policies. The liability limits of the umbrella liability policy shall not be less than $1,000,000.00. The policy shall be an “occurrence” type policy.

9. Reserved Rights

KUA reserves the right to modify the insurance requirements set forth at any time during the process of solicitation or subsequent thereto. *****END OF THIS SECTION*****

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V. SCOPE OF SERVICE

1. General:

The intent of this specification is to identify the requirements for the furnishing the materials and labor to install windows in the picnic pavilion at 1150 Garden Street, Kissimmee, FL. The bidder shall identify in his bid all deviations from the requirements of this specification.

2. Codes and Standards:

All work shall conform to the requirements of applicable codes and standards and all local agencies having jurisdictions. The published edition of the Florida Building Code (2014) and/or latest edition shall be incorporated by reference into these specifications. In addition, all provisions of current ANSI, ASTM standards, and NBFU/NFPA codes pertinent to services rendered shall apply, subject to modifications and/or supplemental requirements set forth by the particular specification requirements.

3. All glazing compounds and methods of glazing shall be in accordance with the applicable portions of the Flat Glass Marketing Association’s “Glazing Manual”, latest edition. Glass and glazing shall also conform with the applicable requirements of the “Uniform Building Code” as related to glass and glazing; as well as, conform to applicable Federal Specifications.

4. Applicable Permitting Requirements:

It is the responsibility of the bidder to obtain all necessary building permits, etc. that may be required by Osceola County and any other governmental entity.

5. Project Scope:

It is the intent of KUA to have the bidder install twelve (12) >121 UI sliding windows with Low-E glass, argon gas insulator, and screens to enclose the picnic pavilion. Windows must be sealed with structural silicone. It is the intent of KUA that the bidder will provide all materials to install the new windows in the existing window frames.

6. This job must also be priced to include all miscellaneous break metal at columns and installation; as well as, setting blocks, epoxy compound and/or finishes to guarantee that the windows are sealed properly upon completed of the job.

7. Laminated Glass Requirements:

The laminated glass shall be hurricane resistant and be coated in a manner to achieve superior thermal performance. It also shall be designed in such a manner to block 99.9% of UV light from entering the building. The basic requirement of the laminated glass shall be, but not be limited, to the following:

Kissimmee Utility Authority Page 19 of 31

A. Visible light transmission = 0.23 B. Visible reflectance (out) = 0.13 C. Visible reflectance (in) = 0.34 D. Solar Transmission = 0.22 E. Solar Reflectance (out) = 0.10 F. UV value (Winter) = 1.09 G. UV value (Summer) = 1.13 H. Shading Coefficient = 0.48 I. Solar Heat Gain Coefficient = 0.41 J. Relative Heat Gain = 112 K. Glass = ¼” Tinted Reflective

8. Cracked, broken, and imperfect glass shall be replaced at no additional cost during installation.

Protect all glass against damage during installation.

9. Warranty:

The contractor shall guarantee the laminated glass to be free from defects for a period of ten

(10) years from the date of installation. The cost of all materials, parts, labor, transportation, & supplies required for the replacement or repair of the defective laminated glass shall be paid by the contractor.

10. Contractor Instruction:

This bid is to provide the necessary manpower and associated materials to provide the services stated herein this document. It is the responsibility of the contractor to provide all labor, and materials to complete the work called forth herein this specification.

11. The contractor shall coordinate with KUA personnel in regards to project management and to schedule the necessary building inspections with Osceola County. It is the responsibility of the contractor to manage and inform his employees of the actual work to be done while not disrupting the daily operations at KUA.

12. Precautions must be exercised at all times for the protection of persons (including all employees) and property. The contractor is responsible to repair and/or replace all damaged areas that occur due to this construction work.

13. If, during the course of work, the contractor encounters unforeseen conditions which impact the work and which could not initially be evaluated, the contractor shall not proceed without written authorization of KUA’s representative.

14. Contractor’s Qualifications:

Bids will be considered only from contractors which are regularly engaged in the business as

Kissimmee Utility Authority Page 20 of 31 described herein. The qualifications include, but not limited to, the following:

15. Properly licensed by the State of Florida, and other applicable governmental agencies to render the services described herein this specification;

16. Verification of contractor’s experience with laminated glass window installation experience, which shall include a listing indicating who the services were rendered to and references.

17. Cleanliness:

The contractor shall give special attention to keep the work site clean and free from trash and debris. Trash, debris, and waste materials shall be properly disposed of by the contractor.

18. Workmanship:

The contractor shall perform said work in accordance with this specification and it shall be done in a good workmanship manner.

19. Materials & Supplies:

The contractor shall furnish all labor, supervision, tools, and equipment required to perform the work in an orderly and efficient manner. It shall be the contractor’s responsibility to inventory, transport, and store all items as related to this project.

20. Project Manager:

The Project Manager for this project will be:

Attn: Jay Butters, Power Supply 1701 West Carroll Street Kissimmee, Florida 34741

(407) 933-7777 ext. 6-6810 or jbutters@kua.com

All pre-bidding or post-bidding correspondence and submittals shall be forwarded to:

Finance & Administration, Purchasing Division 1701 W Carroll Street Kissimmee, FL 34741

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ATTACHMENT “A”

PRICE SHEET

We, the undersigned, hereby declare that we have carefully reviewed the bid documents and with full knowledge and understanding of the aforementioned herewith submit our bid. We understand that the Invitation to Bid package in its entirety is made a part of any agreement between Kissimmee Utility Authority and the successful bidder.

I. Supply and Installation of Windows as a turn-key solution.

Item

Description Quantity Total Price

1. Supply of windows in accordance with the specifications herein:

Brand _______________

Quantity _____________

2. Turn-key Installation of windows in accordance with the specifications herein:

Quantity ____________

Total

Warranty Term in months that includes ___________________

______Months

Delivery Schedule ______________Days After receipt of order (ARO) FOB Destination to Kissimmee Utility Authority.

I/we, the undersigned, as authorized signatory to commit the firm, do hereby accept in total all the terms and conditions stipulated and referenced in this AR document and do hereby agree that if a contract is offered or negotiated it will abide by the terms and conditions presented in the AR document or as negotiated pursuant thereto. The undersigned, having familiarized him/herself with the terms of the AR documents, local conditions, and the cost of the work at the place(s) where the work is to be done, hereby proposes and agrees to perform within the time stipulated, all work required in accordance with the scope of services and other documents including Addenda, if any, for the price set forth herein in Section 4. The signature(s) below are an acknowledgment of my/our full understanding and acceptance of all the terms and conditions set forth in this AR document or as otherwise agreed to between the parties in writing.

Authorized Signatory Printed Name Title Date

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ATTACHMENT “B”

SUBCONTRACTOR STATEMENT

The undersigned proposes to use the following subcontractors in connection with the work. No contractor whose bid is accepted shall substitute any subcontractor in the place of the subcontractor listed in the bid form with owner approval.

SUBCONTRACTOR’S NAME DESCRIPTION OF WORK

Kissimmee Utility Authority Page 23 of 31

ATTACHMENT “C”

STATEMENT OF INSPECTION

RFQ #16-526-CV, INSTALLATION OF WINDOWS AT MARYDIA

Successful Bidder’s signature…