RFQ_25-122.pdf

New Smyrna Beach Utilities Request for Quotation 25-122

RFQ 25-122 Transformer Relay Swing Panel Replacement 1

WE HEREBY INVITE YOUR COMPANY TO SUBMIT A FORMAL QUOTATION FOR A

TRANSFORMER RELAY SWING PANEL DOOR THAT WILL HAVE RELAYS AND

ASSOCIATED WIRING INSTALLED ON IT FOR NEW SMYRNA BEACH UTILITIES, PER

THE ATTACHED SPECIFICATIONS.

SUBMIT COPIES OF YOUR QUOTES BY MAIL, E-MAIL OR HAND DELIVERING TO:

Attn: Lauren Wright Purchasing Agent

(386) 424-3016 lwright@nsbufl.com

MAILING ADDRESS: WALK IN DELIVERY ADDRESS

1151 Field Street 350 Slaton Street New Smyrna Beach, FL 32168 New Smyrna Beach, FL 32168

QUOTATIONS DUE PRIOR TO: Tuesday January 14, 2025, at 2:30 P.M.

mailto:lwright@nsbufl.com

RFQ 25-122 Transformer Relay Swing Panel Replacement 2

SCHEDULE

Distribution of the Request for Quotation December 2, 2024

Deadline for Final Questions 4:00PM December 13, 2024

Addendum Issued 4:00PM December 18, 2024

RFQ Return Deadline by 2:30PM Location: NSBU Purchasing Dept.

1151 Field St. New Smyrna Beach FL, 32168 January 14, 2025

RFQ 25-122 Transformer Relay Swing Panel Replacement 3

TABLE OF CONTENTS

General Instructions and Conditions 4-12

References

Affidavit of Compliance

14-16

Vendor Information 17-18

General Information/Scope

Quote Form

19-21

RFQ 25-122 Transformer Relay Swing Panel Replacement 4

GENERAL INSTRUCTIONS AND CONDITIONS

1. The term NEW SMYRNA BEACH UTILITIES used herein refers to the New Smyrna Beach

Utilities, or its duly authorized representative.

2. The term VENDOR used herein refers to the dealer/manufacturer or business organization submitting a bid to the NEW SMYRNA BEACH UTILITIES in response to this solicitation.

3. VENDORS are expected to examine, when applicable, the drawings, specifications, delivery requirements, performance sites and all instructions to satisfy themselves of conditions affecting cost of performing this contract.

4. No material, labor or facilities will be furnished by the NEW SMYRNA BEACH UTILITIES unless specifically stated.

5. The VENDOR hereby attests that the prices in this offer have been arrived at independently without consultation, communication or agreement with any competitor for the purpose of restricting competition.

6. The VENDOR warrants that the prices of the items set forth herein do not exceed the prices charged by the BIDDER under a contract with the State of Florida.

7. The VENDOR agrees that the supplies and services furnished under this award shall be covered by the most favorable commercial warranties the BIDDER gives any customers for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NEW SMYRNA BEACH UTILITIES by any other provision of this award.

8. A duly authorized representative of the NEW SMYRNA BEACH UTILITIES will accomplish inspection and acceptance of the supplies/services purchased herein at the designated delivery point.

9. All invoices resulting from the award of this bid will be paid within 30 days of receipt of invoice or receipt of goods or acceptance of work performed.

10. Carelessness in quoting prices or in preparation of bid otherwise, will not relieve the bidder.

Bidders are expected to examine specifications, delivery schedule, extensions, and all terms and conditions in the bid documents. Bids having erasures or corrections must be initialed in ink by the Bidder. In the event of an extension error(s), the unit price will prevail. Written amounts shall take precedence over numerical amounts.

11. Public Entity Crimes: UNDER SECTION 287.133(2)(a), FLORIDA STATUTES, A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 any public entity in excess

RFQ 25-122 Transformer Relay Swing Panel Replacement 5 of the threshold amount provided in Section 287.0l7, for Category two for a period of 36 months from the date of being placed on the convicted vendor list.

12. Quotes shall be addressed and mailed or delivered as specified on page 1.

13. New Smyrna Beach Utilities reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.

14. Failure of the contractor to deliver within the time specified, or within a reasonable time as interpreted by the Purchasing Authority or failure to make replacements of rejected articles as directed, shall permit the Purchasing Authority to purchase on the open market articles of comparable grade to take the place of those rejected or not delivered. On all such purchases, the contractor shall reimburse New Smyrna Beach Utilities, within a reasonable time specified by the Purchasing Authority, for any expenses incurred in excess of the defaulted price. Payments due the contractor by New Smyrna Beach Utilities may be withheld until reimbursement is received.

15. When brand or trade names are used in the bid invitation, it is for the purpose of item identification and to establish standards for quality; style and features. Bids on equivalent items will be considered unless items are noted as no substitutes. Equivalent bids must be accompanied by descriptive literature and/or specifications to receive consideration. Demonstrations and/or samples may be required and shall be at not charge to the New Smyrna Beach Utilities. NEW SMYRNA BEACH UTILITIES reserves the right to determine if bid goods are equivalent to specified goods.

16. Awards shall be made as required for the best interest of the New Smyrna Beach Utilities. The right is reserved to make award(s) by individual items, group of items, all or none, or any combination thereof, with one or more suppliers.

17. INDEPENDENT CONTRACTORS: Contractor is an independent contractor, and all persons employed by Contractor in connection herewith shall be its employees and not employees of New Smyrna Beach Utilities in any respect.

18. INSURANCE: Except as otherwise specified in this contract, the SERVICE PROVIDER and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverage with limits set forth below with insurers and under forms of policies satisfactory to NEW SMYRNA BEACH UTILITIES. It shall be the responsibility of the SERVICE PROVIDER and its subcontractors to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the SERVICE PROVIDER and its subcontractors to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation.

RFQ 25-122 Transformer Relay Swing Panel Replacement 6

COVERAGE MINIMUM AMOUNTS AND LIMITS

Worker’s Compensation Statutory requirements at location of work Employers Liability $500,000 Each Occurrence $500,000 Disease Aggregate $500,000 Disease Each Employee

General Liability $2,000,000 General Aggregate $1,000,000 Products-Comp Ops Agg $1,000,000 Personal & Adv Injury $1,000,000 Each Occurrence $50,000 Damage to Rented Premises $5,000 Medical Expense

Automobile Liability $1,000,000 Combined Single Limit Professional Liability (if applicable) $1,000,000 Combined Single Limit

The SERVICE PROVIDER and its subcontractors shall furnish to the NEW SMYRNA BEACH UTILITIES such Certificates of Insurance or endorsements required by the provisions set forth herein, which Certificates of Insurance shall name the NEW SMYRNA BEACH UTILITIES as Additional Insured. All Certificates of Insurance must be provided by an acceptable insurance carrier to the NEW SMYRNA BEACH UTILITIES and that the carrier should have no less rating than A

- X by A.M. Best and Company. NEW SMYRNA BEACH UTILITIES reserves the right to accept or decline carrier providing coverage.

a. CERTIFICATES OF INSURANCE: At the time of the execution of this contract and each subcontract, but in any event, prior to commencing work, the SERVICE PROVIDER and its subcontractors shall furnish NEW SMYRNA BEACH UTILITIES with Certificates of Insurance as evidence that the policies providing the required coverages and limits of insurance are in full force and effect. The Certificates shall provide that any company issuing an insurance policy for the work under this contract shall provide not less than thirty (30) days' advance notice to the NEW SMYRNA BEACH UTILITIES in writing of cancellation, non-renewal, or material change in the policy of insurance. In addition, the SERVICE PROVIDER shall immediately provide written notice to NEW SMYRNA BEACH UTILITIES upon receipt of notice of cancellation of an insurance policy or a decision to terminate or alter any insurance policy. All Certificates of Insurance shall clearly state that all applicable requirements have been satisfied including certification that the Comprehensive General Liability policies are of the "occurrence form". Certificates of Insurance for SERVICE PROVIDER and subcontractor-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to NEW SMYRNA BEACH UTILITIES office, ATTN: Procurement Manager, at P.O. Box 100, New Smyrna Beach, Florida 32170-0100 and send to myCOI, New Smyrna Beach Utilities C/O: myCOI 1075 Broad Ripple Ave, Suite 313 Indianapolis, IN 46220.

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b. ADDITIONAL INSUREDS: All insurance coverages (except Workers' Compensation and Professional Liability) furnished under this contract shall include the SERVICE PROVIDER, NEW SMYRNA BEACH UTILITIES and its officials, directors, officers, agents, and employees as Additional Insured’s with respect to the activities of the SERVICE PROVIDER and its subcontractors.

These policies shall contain a "cross-liability" or "severability of interest" clause or endorsement.

Notwithstanding any other provisions 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.

c. WAIVER OF SUBROGATION: The SERVICE PROVIDER and its subcontractors shall require their insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the NEW SMYRNA BEACH UTILITIES, its officials, directors, officers, agents, and employees.

d. COMPREHENSIVE GENERAL LIABILITY: This insurance shall be an occurrence-type policy written in comprehensive form and shall protect the SERVICE PROVIDER and its subcontractors and the Additional Insured’s against all claims arising from bodily injury, sickness, disease, or death of any person other than the SERVICE PROVIDER's employees or damage to property of NEW SMYRNA BEACH UTILITIES or others arising out of the act or omission of the SERVICE PROVIDER or its subcontractors or their agents, employees, or subcontractors. This policy shall include protection against claims insured by usual Personal Injury Liability coverage and an endorsement (Protective Liability) to insure the contractual liability assumed by the SERVICE PROVIDER and its subcontractors under the Section entitled "Indemnification," as well as Completed Operations, Products Liability, Contractual Liability, Broad Form Property Coverage, Premises/Operations, and Independent Contractors.

e. COMPREHENSIVE AUTOMOBILE LIABILITY: This insurance shall be written in the comprehensive form and shall protect the SERVICE PROVIDER and its subcontractors and the Additional Insured’s 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 and off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability shall not be less than:

f. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY: The insurance shall protect the SERVICE PROVIDER and its subcontractors 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 provisions of workers' compensation laws. This policy shall include an all-states endorsement.

g. PROFESSIONAL LIABILITY: Professional Liability insurance shall be provided in an amount of $1,000,000.(If Applicable)

RFQ 25-122 Transformer Relay Swing Panel Replacement 8

19. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY:

The provisions of Florida Statute 768.28 applicable to the New Smyrna Beach Utilities apply in full to this contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of New Smyrna Beach Utilities acting within the scope of his/her office or employment are subject to the limitations specified in this statute.

No officer, employee or agent of New Smyrna Beach Utilities acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered as a result of any act, event or failure to act.

New Smyrna Beach Utilities shall not be liable in tort for the acts or omissions of an officer, employee or agent committed while acting outside the course and scope of his/her employment.

This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

To the fullest extent permitted by law, the vendor shall defend, indemnify, and hold harmless the New Smyrna Beach Utilities, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney’s fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the vendor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable;

excepting those acts or omissions arising out of the sole negligence of New Smyrna Beach Utilities .

Provided, however, if the contract between the New Smyrna Beach Utilities and the Contractor is deemed by a court of competent jurisdiction to be a construction contract for purposes of Section 725.06, Florida Statutes, any obligation of the Contractor to defend, indemnify or hold harmless the New Smyrna Beach Utilities, shall be limited to an obligation to indemnify or hold harmless the New Smyrna Beach Utilities, its officers and employees from liability damages, losses, and costs, including but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the contractor and persons employed or utilized by the Contractor in the performance of the contract.

20. WARRANTY AND ACCEPTANCE: All material shall be new and workmanship shall be first class in every respect. The work shall be subject to inspection and acceptance by New Smyrna Beach Utilities. Contractor guarantees its work hereunder for a period of 12 months after completion and acceptance of the work unless otherwise set forth herein. In the event New Smyrna Beach Utilities discovers defects in material or workmanship at any time before the expiration of the specified warranty period, Contractor shall, upon written notice from New Smyrna Beach Utilities, repair or replace at its sole expense any such defects. New Smyrna Beach Utilities may perform such repairs or replacements by other reasonable means and Contractor agrees to pay for such corrective measures. Neither acceptance of the work by New Smyrna Beach Utilities nor payment shall relieve Contractor from liability under the indemnity clause or any of the guarantees or warranties contained or implied herein.

RFQ 25-122 Transformer Relay Swing Panel Replacement 9

21. LAWS, REGULATIONS, PERMITS AND TAXES: Contractor shall comply with New Smyrna Beach Utilities jobsite procedures and regulations and with all applicable local, state and federal laws, rules and regulations and shall obtain all permits required for any of the work performed hereunder.

Contractor shall procure and pay for all permits and inspections required for any of the work performed hereunder and shall furnish any bonds, security or deposits required to permit performance of the work.

Contractor shall, to the extent permissible under applicable law, comply with the jobsite provisions which validly and lawfully apply to work on the specific jobsite being performed under this Contract.

22. WORK RULES, SECURITY: For work performed on New Smyrna Beach Utilities premises, Contractor shall strictly observe New Smyrna Beach Utilities work rules and security requirements. All work shall be carried out during normal New Smyrna Beach Utilities working hours unless specifically agreed to in writing by New Smyrna Beach Utilities. Contractor shall, at New Smyrna Beach Utilities request remove from site any employee whom New Smyrna Beach Utilities deems to be incompetent, dishonest or uncooperative.

23. CHANGES: New Smyrna Beach Utilities may, at any time, direct in writing additions, deletions or changes to all or any part of the work. If any such change causes an increase or decrease in the cost of or in the time required to perform such work, Contractor shall submit detail information substantiating such claims and an equitable adjustment shall be made to the price or time of performance.

24. RELEASE AGAINST LIENS OR CLAIMS: Contractor shall promptly pay all claims of persons or firms furnishing labor, equipment or materials used in performing the work hereunder. New Smyrna Beach Utilities may require Contractor to submit satisfactory evidence of payment and releases of all such claims. If there is any evidence of any such unpaid claim, New Smyrna Beach Utilities may withhold any payment until Contractor has furnished such evidence of payment and release.

25. ASSIGNMENT: Any assignment by Contractor of this Contract or of any rights hereunder or hypothecation thereof in any manner, in whole or in part, by operation of law or otherwise, without the prior written consent of New Smyrna Beach Utilities shall be voided.

26. SAFETY AND FIRE PREVENTION: Contractor shall at all times conduct all operations under the Contract in a manner to avoid risks of bodily harm to persons, damage to any property and fire.

Contractor shall be responsible to take all precautions necessary and continuously inspect all work, materials and equipment to discover, determine and correct any such conditions which may result in any of the aforementioned risks.

27. SUSPENSION OF WORK AND TERMINATION

New Smyrna Beach Utilities May Suspend Work - The New Smyrna Beach Utilities may at any time and without cause suspend the Work or any portion thereof by notice in writing to the Contractor. The Project Manager shall fix the date on which Work shall be resumed and the Contractor will resume the Work on the date so fixed. The Contractor will be allowed an extension of the Contract Time or both, if directly attributable to any suspension. However, no change to the contract price will be allowed on claims for suspended work or delays, whatever the course or reason. Also, during any period of suspension, the Contractor shall take all available measures to mitigate costs such as taking on new work, reassigning resources to other contracts, etc.

RFQ 25-122 Transformer Relay Swing Panel Replacement 10

New Smyrna Beach Utilities May Terminate for Cause - If the Contractor is adjudged bankrupt or insolvent; if he makes a general assignment for the benefit of his creditors without New Smyrna Beach Utilities approval; if a trustee or receiver is appointed for the Contractor or for any of his property; if he files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; if he fails to prosecute and complete the Work in accordance with the established Project Schedule or within the Contract Time allowed; if he repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; if he repeatedly fails to make prompt payment to subcontractors for labor, materials or equipment; if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction; if he disregards the authority of the Project Manager; or if he otherwise substantially violates any provisions of the Contract Documents, then the New Smyrna Beach Utilities may, without prejudice to any other right or remedy and after giving the Contractor and his Surety seven (7) days written notice, terminate the services of the Contractor and take possession of the Work and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and assign the completion of the Work to the Surety, or finish the Work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the direct and indirect cost of completing the Work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such cost exceeds such unpaid balance, the Contractor will pay the difference to New Smyrna Beach Utilities. Such cost incurred by New Smyrna Beach Utilities will be determined by New Smyrna Beach Utilities and incorporated in a Change Order.

Where the Contractor's services have been so terminated by New Smyrna Beach Utilities, said termination shall not affect any rights of the New Smyrna Beach Utilities against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by New Smyrna Beach Utilities due the Contractor will not release the Contractor from liability.

Upon Termination for Cause, the Contractor shall not be entitled to payment for any anticipated supplemental costs, administrative expenses and/or profit for uncompleted Work.

If after notice of termination of the services of the Contractor for cause, it is determined that the Contractor was not in default, the termination shall be deemed to have been for the convenience of New Smyrna Beach Utilities. In such event the Contractor may recover from New Smyrna Beach Utilities payment for Work completed and reasonable termination costs as provided in the following paragraph.

Termination for Convenience: Upon seven (7) days written notice to the Contractor and the Surety, or sooner if reasonable under the circumstances, the New Smyrna Beach Utilities may, without cause and without prejudice to `any other right or remedy, elect to terminate any part of the Work, or the Contract in whole or in part, as the New Smyrna Beach Utilities may deem appropriate. In any termination for convenience, the Contractor shall be paid for Work completed by the Contractor and subcontractors at the time of termination provided, however, that the payment to the Contractor will exclude any and all anticipated supplemental costs, administrative expenses and profit for uncompleted Work. Upon termination for convenience, New Smyrna Beach Utilities shall have full power and authority to take possession of the Work, assume any sub-agreements with Subcontractors and suppliers which the New Smyrna Beach Utilities selects, and prosecute the Work to completion by contract or as the New Smyrna Beach Utilities may deem expedient.

28. MAINTENANCE OF RECORDS

The Contractor will keep adequate records and supporting documents applicable to this contract. Said records and documentation will be retained by the Contractor for a minimum of five (5) years from the date of final payment on this Contract. New Smyrna Beach Utilities and its authorized agents shall have

RFQ 25-122 Transformer Relay Swing Panel Replacement 11 the right to audit, inspect and copy records and documentation as often as the New Smyrna Beach Utilities deems necessary during the period of this contract and a period of five (5) years after completion of contract performance; provided however, such activity shall be conducted only during normal business hours. New Smyrna Beach Utilities during the period of time defined by the preceding sentence shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and documentation.

29. Conflict of Interest of Officers or Employees of the Contracting Entity/Local Jurisdiction, Members of the Local Governing Body, or Other Elected Officials

No member or employee of the contracting entity/local jurisdiction or its designees or agents; no member of the governing body; and no other public official of the New Smyrna Beach Utilities who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts, the language set forth in this paragraph prohibiting conflict of interest.

30. Employee Conflict of Interest- It shall be unethical for any New Smyrna Beach Utilities employee to participate directly or indirectly in a procurement contract when the New Smyrna Beach Utilities employee knows that:

(1) The New Smyrna Beach Utilities employee or any member of a New Smyrna Beach Utilities employee's immediate family has a financial interest in the procurement contract; or

(2) any other person, business, or organization with whom the New Smyrna Beach Utilities employee or any member of a New Smyrna Beach Utilities employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract.

A New Smyrna Beach Utilities employee or any member of a New Smyrna Beach Utilities employee's immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest.

31. Gratuities and Kickbacks.

(1) Gratuities. It shall be unethical for any person to offer, give, or agree to give any New Smyrna Beach Utilities employee or former New Smyrna Beach Utilities employee, or for any New Smyrna Beach Utilities employee or former New Smyrna Beach Utilities employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity Utilities The New Smyrna Beach Utilities in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

(2) Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub-contractor or any person associated therewith, as an inducement for the award of a subcontract or order.

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(3) Contract Clause. The prohibition against gratuities and kickbacks prescribed in this

Section shall be conspicuously set forth in every contract and solicitation therefore.

32. E-VERIFY:

By [registering as a vendor, submitting a response to this solicitation, entering into a Contract], you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Further, by your [registration as a vendor/response to this solicitation/entering into a contract] you affirm and represent that you are registered with the E-Verify system are using same, and will continue to use same as required by Section 448.095, F.S. Compliance with Section 448.095includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination [as a vendor, disqualifying you for award of this solicitation, entering into a contract and/or, cancellation of an active contract], or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If terminated for a violation of the statute by the Vendor/Contractor, the Vendor/Contractor may not be allowed to do business with The New Smyrna Beach Utilities or be awarded a solicitation or contract for a period of 1 year after the date of termination. All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Vendor/Contractor.

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REFERENCES

Provide the business names, contact persons and telephone numbers of three (3) references for which the firm has provided the services described in this RFQ. Include relationships with utility and governmental agencies. It is our intent to contact these references during the award process. Award of this contract will be based on price AS WELL AS REFERENCES AND EXPERIENCE (A Minimum of five (5) years in business is required).

1. Name of Company: ___________________________________ Address: ____________________________________________

Point of Contact: _____________________________ Phone Number: ______________________________ Dates of Service: _____________________________

Service(s)Provided:__________________________________________________________

2. Name of Company: ___________________________________ Address: ____________________________________________

Point of Contact: ______________________ Phone Number: _______________________ Dates of Service: ______________________

Service(s)Provided:__________________________________________________________

3. Name of Company: _______________________________ Address: ____________________________________

Point of Contact: _____________________________ Phone Number: ______________________________ Dates of Service: _____________________________

Service(s)Provided:__________________________________________________________

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COMPLIANCE WITH EMPLOYMENT ELIGIBILITY REQUIREMENTS

(§448.095, Florida Statutes – E-Verify)

The E-Verify system is an internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Florida Statutes §448.095 provides that any person or entity that has entered or is attempting to enter a contract with New Smyrna Utilities to provide labor, supplies or services must register with and use the E-Verify system to verify the work authorization status of all employees hired after January 1, 2021. Further, the contractor must maintain certain required employment compliance records of sub-contractors for the duration of the contract with New Smyrna Utilities.

Contractor Name:

Contractor E-Verify Registration Number:

The undersigned, on behalf of the contractor referenced above, after first being duly sworn, states as follows:

1. That said contractor understands that the contractor must comply with §448.095, Florida Statutes.

2. That the contractor uses the E-Verify system to verify the work eligibility status of employees.

3. That the contractor has enrolled in the E-Verify system under the registration number referenced above and will verify the work eligibility status of employees hired after January 1,2021 through said registration number throughout the contract period of any and all contracts with New Smyrna Utilities.

4. That the contractor will maintain affidavits of sub-contractors engaged to perform work on all contracts with New Smyrna Utilities.

5. That said contractor further understands that violation of §448.095, Florida Statutes may result in lawful termination of a contract by New Smyrna Beach Utilities, subjecting the contractor to liability for additional costs incurred by New Smyrna Utilities as a result of the termination of the contract.

Signed Title Subscribed and sworn before me this____day of________,20__.

Notary Public My Commission Expires:__________________________

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Affidavit of Compliance with Foreign Entity Laws

The undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury as follows:

1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes)

2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida Statutes)

3. Entity is not organized under the laws of and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes)

4. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes)

5. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source:

§ 288.007(2), Florida Statutes)

6. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source:

§ 692.202(5)(a)(1), Florida Statutes)

7. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes.

8. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes)

9. The undersigned is authorized to execute this affidavit on behalf of Entity.

Date: ____________________, 20___ Signed: _________________________

Entity: _______________________ Name:___________________________

Title: ___________________________

[Signatures on next page]

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State of Florida

County of The foregoing instrument was acknowledged before me by means of

☐ physical presence or ☐ online notarization, this ___ day of ________, 202 , by _________________________________________________ (name of person acknowledging).

Notary Public

(Print Notary Name)

State of at Large

My Commission Expires:

(Printed, typed, or stamped commissioned name of notary public)

BIDDER:

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VENDOR INFORMATION

In addition to General Conditions, your quote may be disqualified if the following vendor information is not returned with your quote.

Vendor is:

( ) Corporation ( ) Partnership ( ) Sole Proprietorship ( ) Other________________________________________(Explain)

Federal Employer Identification Number or Social Security Number:_____________________________

Do you collect Florida State Sales Tax? ( )Yes ( )No

Firm Name:_______________________________________________________

Mailing Address: ______________________________________________

Telephone Number: _______________________________________________

Facsimile Number: _______________________________________________

E-mail: _______________________Web Address: ________________________

If vendor is bidding as a manufacturer's representative and the purchase order should be addressed to the manufacturer in care of the bidder, so indicate.

If remittance address is different from the mailing address so indicate below.

Firm Name:________________________________________________________

Mailing Address: ____________________________________________________

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri nt o r ty p e.

S ee S p ec if ic

In st ru ct io n s on p ag e 3.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions

4 Exemptions (codes apply only to certain entities, not individuals;

see instructions on page 3):

Exempt payee code (if any)

Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any)

(Applies to accounts maintained outside the United States.)

5 Address (number, street, and apt. or suite no.). See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they

Cat. No. 10231X Form W-9 (Rev. 3-2024)

RFQ 25-122 Transformer Relay Swing Panel Replacement 19

GENERAL INFORMATION:

New Smyrna Beach Utilities is looking for a qualified vendor to provide us with a Transformer

Swing Panel Door Replacement that will have the relays and associated wiring installed on it. We will handle the installation on site.

SCOPE OF WORK

Project Name: Airport Substation Project Location: New Smyrna Beach, FL Project Description: Transformer Relay Swing Panel Replacement New Smyrna Beach Utilities has identified the need to replace the ABB circuit shield relays currently protecting the 115/23kV transformer at Airport Substation with SEL transformer protection relays. The intent of this RFQ is to procure a new relay swing panel, with protective relaying.

Swing Panel –

I. The swing panel shall be of sufficient number and size to accommodate all relays, processors, test switches, SCADA interface equipment, control wiring, and all related equipment as per drawing H922750X0181.

II. The panel shall be open back type and securely mounted to the hinge on the switchgear cubicle.

III. Wiring access shall be provided from the control wiring raceway side.

IV. NSBU’s panel specification calls for the panel to be fabricated from not less than 11 USS gauge leveled steel sheets and reinforced as required to form a rigid self-supporting structure, however we would like a verification to be performed to confirm that 11 USS gauge will be able to support the weight of the relays.

V. The swing panel shall be finished painted over a properly applied primer. The finish color for the panels shall be ANSI 61 Light Gray Enamel.

Relays – I. Relay part numbers are listed on drawing H922750X0181.

Test Switches – I. All test switches on the relay panel are listed on drawing H922750X0181.

II. The current test switches shall include a make before break short circuit feature. All switches shall be mounted so that they can be accessed from the front of the panel and shall have removable covers.

Control Switches – I. Control Switch part numbers are listed in drawing H922750X0181.

Auxiliary Tripping Devices – I. Auxiliary Tripping Device part numbers are listed on drawing H922750X0181.

RFQ 25-122 Transformer Relay Swing Panel Replacement 20

Wiring – I. General control and secondary wiring after protective device shall be flame-resistant, 600 volts, stranded, flexible, type TA or SIS as listed in ANSI C37.20, or equal #14 AWG Copper; minimum size; except receptacles and D.C. control use #12 AWG copper minimum size, protected with grommets or better when run through metal, barriers, etc.

II. All CT wiring is to be No. 10 AWG, 600 volts rated. Color code shall be Black, White, Red and Green for phases 1, 2, 3, and neutral respectively.

III. All conductors shall be labeled with opposite termination designations at both ends via slide on label.

IV. Terminal connectors shall be solderless, insulated, ring-tongue terminals.

V. Wire the swing panel door, leaving pigtails for integration with existing equipment. Successful bidder to determine the necessary length of the pigtails.

VI. All relays and switches will be wired according to the one line, three line and control schematics provided in this specification package.

EXPERIENCE: Minimum Five (5) Years of experience performing relay panel manufacturing and wiring.

SEL-551 LOR

SEL-351S

SEL-351S

FT-19R

FT-19R

SEL-387

FRONT VIEW SWING PANEL

REAR VIEW SWING PANEL

1714"

3512"

7 8

9 1

9 1

9 1

9 1

1 4

9" 518" 12 5 16"

BILL OF MATERIAL (PROVIDED BY PANEL VENDOR)

B/M NO. QTY DESCRIPTION MANUFACTURER NAME MANUFACTURER NUMBER

1 2 RELAY, DIRECTIONAL OVERCURRENT, TYPE SEL- 351S, 3RU HORIZONTAL PANEL MOUNT, 48/125 VDC OR 125

VAC POWER SUPPLY

SCHWEITZER

ENGINEERING LABS SEL-0351S6X3D3E5221

2 1 RELAY, DIFFERENTIAL, TYPE SEL- 387, 2RU HORIZONTAL PANEL MOUNT, 48/125 VDC OR 125 VAC POWER

SUPPLY

SCHWEITZER

ENGINEERING LABS SEL-0387503X53XX2XX

3 1 RELAY, OVERCURRENT, TYPE SEL- 551, 2RU HORIZONTAL PANEL MOUNT, 48/125 VDC OR 125 VAC POWER

SUPPLY

SCHWEITZER

ENGINEERING LABS SEL-0551002X531X

4 1 3-10 POLE TYPE FT-1 SWITCHES, POS. A: (C-C C-C C-C C-C P P), POS. B:(C-C C-C C-C C-C P P), POS. C:(P P P P P P P P P P) ABB FR3G083083001C

5 1 3-10 POLE TYPE FT-1 SWITCHES, POS. A: (C-C C-C C-C C-C C-C), POS. B:(C-C C-C C-C P P P P), POS. C:(P P P P P P P P P P) ABB FR3G073171001C

6 1 RELAY, AUXILIARY TRIPPING TYPE LOR, 4 DECKS, 48VDC ELECTROSWITCH 7804C

7 1 CONTROL SWITCH, 1 DECK ELECTROSWITCH 24PC38D

8 3'-0" PVC WIDE SLOT WIRING DUCT, 2" X 4" PANDUIT G2X4LG6 OR EQUIVALENT

9 3'-0" PVC WIRING DUCT COVER, 2" PANDUIT C2LG6 OR EQUIVALENT

CONSTRUCTION NOTES:

1. 11 GA. CONSTRUCTION.

2. PAINT: EXTERIOR & INTERIOR ANSI-61 LIGHT GRAY ENAMEL

CONST. NOTES 1 & 2

CONST. NOTES 1 & 2

SEL-351S

SEL-351S

FT-19R

FT-19R

SEL-387

LOUVER

TYP. OF 8

5A.A.351S

5A.C.351S

5A.E.387

5A.FC.551

SEL-551LOR CS

9"

5A.FB.CS5A.FA.LOR

5A.B.TS1 5A.B.TS35A.B.TS2

5A.D.TS4 5A.D.TS65A.D.TS5

CS

QUALITROL 909 QUALITROL 909

5A.BP-A.909 5A.BP-B.909

BILL OF MATERIAL (PROVIDED BY NSB)

B/M NO. QTY DESCRIPTION MANUFACTURER NAME MANUFACTURER NUMBER

10 2 SEAL-IN RELAY, SCREW TERMINAL, 48VDC QUALITROL CORP. ???

RECEPTACLE THERMOSTAT

RELAY

R E

V

R E

V

IS

IO

N

S

D A

TE

B Y

DWN:

CKD:

APP:

CAD FILE: ISSUED:

REF:

DATE:

SCALE: SHEET OF

NEW SMYRNA BEACH

∙ ∙ ∙ UTILITIES ∙ ∙ ∙

DRAWING NO.

CUBICLE 5A

NTS 85

X

X /X

X /2024

G B

/B M

C D

ASSEMBLY DRAWING

AIRPORT SUBSTATION

CG

CG

10/31/91

EC-5002d85 MWS H922750X0181

UTILITIES COMMISSION

CITY OF NEW SMYRNA BEACH

AIRPORT SUBSTATION

CUSTOMER ORDER #F7551

MAGNETEK ELECTRIC ORDER #10433-03

MAGNETEK ELECTRIC WORK ORDER #W03-1720

RFQ 25-122 Transformer Relay Swing Panel Replacement 21

QUOTE TABULATION

ITEM DESCRIPTION QTY UOM PRICE

1 Transformer Swing Panel Door that has relays and associated wires installed on it

1 EA

Lead Time: ___________________________________________________

Years of Experience_____________________________________________

New Smyrna Beach Utilities reserves the right to waive informalities in any quotation, to reject any and all quotations in whole or in part, with or without cause, and/or accept the quotations or portions thereof that in its judgment will be in the best interest of the New Smyrna Beach Utilities. The quotation shall be valid for award within sixty (60) days from the date of opening unless specified otherwise.

Submitted By:

Name of Company: _____________________________________________ Please Print

Name & Title: __________________________________________________ Please Print

Signature: _____________________________________________________

Telephone No. ___________________ Facsímile No.___________________

E-Mail: _______________________________________________________