RFQ_26-015-JG_Purchase_Variable_Frequency_Drives_and_Motors.pdf

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Purchase Variable Frequency Drives and Motors
Solicitation number
RFQ 26-015-JG
Issued by
Polk County, Lake Harbor CDP, Florida

About this file

This is a Request for Quotation (RFQ) issued by the Kissimmee Utility Authority (KUA), a local government entity in Florida, for the purchase and installation of Variable Frequency Drives (VFD) and motors. The project involves three VFD units and motors for chilled water air handlers, with quantities specified as two 7.5 HP, 3-phase, 460V motors with Frame size S213T and one 15 HP, 3-phase, 460V motor with Frame size S254T. While Yaskawa is the preferred brand, KUA will accept any brand meeting specifications. Work scope includes removal of old variable inlet valves, installation of new static pressure sensors if needed, installation of new motors and fan/blower sheaves, and cleaning of fans/blowers. The RFQ deadline is Tuesday, February 24, 2026, at 2:00 PM EST, with public bid opening conducted via Zoom. No pre-bid conference or site visit requirement is specified in the solicitation documents.

Pricing must be submitted as lump-sum, all-inclusive unit prices for each motor size plus labor costs, with delivery on an FOB Destination basis to Kissimmee, Florida, with all freight and transportation costs paid by the vendor. Bidders must provide pricing for labor including removal, installation, cleanup, and disposal. KUA is tax-exempt and bids should exclude Florida State Sales and Use Taxes. Bidders must submit responses electronically through Vendor Link only; hard copies and email submissions are not accepted. All bid submissions must include completed certifications and forms addressing compliance with Florida Statutes, drug-free workplace certification, experience and references, OSHA safety history, conflict of interest statements, and cybersecurity network access policies. Bidders must demonstrate a minimum of five consecutive years of verifiable experience servicing commercial accounts of equal size and scope and currently serve a minimum of four commercial accounts. A contract award resulting from this RFQ is contingent upon the successful bidder's compliance with all terms, conditions, specifications, and applicable Florida laws and regulations.

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REQUEST FOR QUOTATION

RFQ 26-015-JG

Purchase Variable Frequency Drives and Motors

THIS IS NOT AN ORDER

INSTRUCTIONS: Provide your best price in the unit price column for the services being quoted. If quoting other than specified, indicate brand name part number and include cut sheet. Please read the terms and conditions listed below, complete the requested information, and sign in the space provided below. If not quoting, please indicate “NO QUOTE” and return this form.

Interested parties are requested to respond to this RFQ by

Electronic proposal submittals. Do not submit hard copies unless otherwise instructed. Email or other means will not be accepted.

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

To ensure correct information formatting:

• Submit electronically through Vendor Link.

• Upload files only in Adobe Portable Document Format

(PDF), MS Word (.doc or .docx), Adobe Portable

Document Format (.pdf); Compressed File (ZIP) formats.

• Enable printing on files submitted.

• Clearly identify the RFQ Number, Name, Submission Date, and Name on the Response Cover Page or letterhead.

• If technical difficulties arise during proposal submission contact Vendor Link technical support at support@evendorlink.com. Any bids received after above stated time and date will not be considered.

It shall be the sole responsibility of the bidder to have their bid electronically delivered electronically through Vendor Link, before the above stated time and date. Bids delayed shall not be considered. However, KUA reserves the right, in its sole discretion, to accept a late bid provided the bidder provides sworn, incontrovertible proof the delay was due to delivery factors beyond its control. This reservation of acceptance does not apply to bids that are sent via U.S. Mail. Such bids will not be considered.

Company

Name

E-Mail

Address

City/State/Zip

Phone No.

FEIN

DUE DATE: TUESDAY, February 24, 2026 By

2:00 PM EST

Public Bid Opening: https://zoom.us/j/93487729870 Meeting ID: 934 8772 9870

KISSIMMEE UTILITY AUTHORITY

Finance & Administration Department Buyer: Jennifer Grieves, Buyer

Address: 1701 W Carroll Street, Kissimmee, FL 34741

Phone Number: (407) 933-9809

E-Mail Address: procurement@kua.com

FOB – Destination. The articles to be furnished shall be delivered with all transportation charges paid by the Supplier to Kissimmee Utility Authority, Kissimmee, Florida.

KISSIMMEE UTILITY AUTHORITY

SCOPE OF WORK

Purchase Variable Frequency Drives and Motors

It is the intent of this Request for Quote (RFQ) to purchase three (3) Variable Frequency Drives (VFD) drives and motors for three (3) of the chilled water air handlers based on a fixed price, in accordance with the specifications listed herein. Kissimmee Utility Authority (KUA) will accept any brand of drives and motors, but the preferred brand is Yaskawa.

Remove old variable inlet valves, install new static pressure sensors if needed, install new motors & fan/blower sheaves, and clean fans/blowers.

The sizes of the motors will be replaced:

2 each - 7.5 HP, 3 phase, 460V, Frame size S213T

1 each - 15 HP, 3 phase, 460V, Frame size S254T.

Kissimmee Utility Authority

KISSIMMEE UTILITY AUTHORITY

PRICE SHEET

Purchase Variable Frequency Drives and Motors

I. The following prices are lump sum and inclusive of everything required to perform the work per the specifications and requirements of this RFQ; including but not limited to: overhead, profit, overtime, taxes, fees, tariffs, mobilization, demobilization, travel, tolls, per diem, miscellaneous reimbursable expenses, waste disposal, labor, equipment, tools, and material. All prices must be FOB delivered to KUA, Kissimmee, FL. Vendor is responsible for all freight and delivery costs.

ITEM DESCRIPTION UNIT UNIT PRICE TOTAL PRICE

1 Variable Frequency Drives and Motors - 7.5 HP, 3 phase, 460V, Frame size S213T 2 $ $ 2 Variable Frequency Drives and Motors - 15 HP, 3 phase, 460V, Frame size S254T 1 $ $ 3 Labor to Include: Removal, Installation, Clean-Up, and Disposal 1 $ $

$TOTAL

Available to begin on date: _________________

SIGNATURE___________________________________ ANY PURCHASE ORDER RESULTING FROM THIS Print Name ____________________________________ QUOTATION WILL BE SUBJECT TO THE TERMS Title__________________________________________ AND CONDITIONS CONTAINED HEREIN.

Date of Quote__________________________________

Payment Terms ________________________________

Will Deliver By _________________________________

Interested parties are requested to respond to this Request to Quote (RFQ) by electronic proposal submittals. Do not submit hard copies unless otherwise instructed. Vendor Link help can be accessed by calling 407-222-1885, or by emailing support@evendorlink.com.

GENERAL TERMS AND CONDITIONS

General

The terms and conditions of this order must not be changed by quoter. If order is not acceptable, return to Kissimmee Utility Authority. Failure of an awarded quoter to deliver according to the Purchase Order or to comply with any of the terms and conditions therein may disqualify him/her from receiving future orders.

• KUA reserves the right to cancel this order if not filled within the quoted time, if specified.

• The conditions of this order are not to be modified by any verbal understanding.

• Acceptance of this order includes all terms, prices, delivery instructions, specifications and conditions stated.

• No payment will be made for materials ordered without proper purchase order authorization.

• Invoices and packages must bear this Purchase Order number.

• Please forward all invoices to Accounts Payable: accountspayable@kua.com.

Quality

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 damages. 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.

Pricing

Give both unit price and extended total. Prices must be stated in units of quantity specified. All prices for materials to include F.O.B. destination, freight prepaid unless otherwise stated. Each item must be priced separately and no attempt is to be made to tie any item or items in with any other item or items.

No quoter will be allowed to offer more than one price on each item/service even though he/she may feel that he/she has two or more types or styles/services that will meet specifications. Quoter must determine for themselves which to offer.

Prices bid 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.

This purchase by Kissimmee Utility Authority is tax exempt. Exemption Certificate Number is 85- 8012665901C-9. The price stated in this bid should exclude Florida State Sales and Use Taxes.

Indemnity mailto:accountspayable@kua.com

To the fullest extent permitted by laws and regulations, and in consideration of one percent of the Contract Agreement price, the amount of which is included in the Contract Agreement 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 Contract Agreement due to the negligence, recklessness, intentional or otherwise wrongful misconduct of 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 in the performance of the services or delivery of goods for which the resulting Contract Agreement was entered into by, 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 Contract Agreement, 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), the Contractor’s 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.

Packing & Delivery

Packages must be plainly marked with shipper’s name and Purchase Order Number; charges are not allowed for boxing or crating unless previously agreed upon in writing. All materials must be shipped F.O.B. Destination. KUA will not pay freight or expense charges, except by previous agreement. The delivery must actually be affected within the time stated on Purchase Order. KUA reserves the right to cancel this order and purchase elsewhere if the quoter fails to meet the delivery date specified on Purchase Order. Deliveries shall be made between 9:00 a.m. and 3:00 p.m. on regular working days unless otherwise stated. Transport deliveries must be unloaded and ready for inspection prior to 3:00

pm. In case of default by the quoter, KUA may procure the articles or services covered by this order from other sources and hold the quoter responsible for any additional cost occasioned thereby.

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.

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 perform on this Contract Agreement.

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 Solicitation document.

Appeals & Remedies

Any person adversely affected by the decision or intended decision of award must file a written notice of protest to the Manager of Accounting within seventy-two (72) hours (excluding Saturday, Sundays, and legal holidays) after the posting of the KUA’s decision or intended decision. KUA Purchasing Division personnel should be contacted to obtain comprehensive written protest procedures prior to filing a written notice of protest.

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 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.

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 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.

No Waiver of Sovereign Immunity

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.

No Third Party Beneficiaries

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

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.

Certification of OSHA and Indemnification

By its signature on the Contract Agreement, Contractor hereby certifies that it is aware of any 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.

I-9 Verification Compliance and Indemnification

By its signature on the Contract Agreement, Contractor hereby certifies that it is aware of any 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 Agreement. 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 Solicitation document.

Effective January 1, 2021, Contractor certifies, that it has read and understands the requirement under Section 288.061 and 448.095 and will comply with the requirements as stated therein. In accordance with Florida Statutes, Sections and E-Verify system to verify the work authorization status of all its newly hired employees and said employees have passed all e-verification checks. In addition, the Contractor will obtain an affidavit from its subcontractors that the subcontractors’ employees’ work authorization status has been verified through the E-Verify system and said employees have passed all e-verification checks.

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. Questions regarding the application of Florida Statutes, §119.0701 to this engagement, contact the custodian of public records at (407) 933-9883 or email to: records@kua.com.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN

OF RECORDS AT 407-933-9883, records@kua.com, and KISSIMMEE UTILITY

AUTHORITY, 1701 W CARROLL STREET, KISSIMMEE, FL 34741.

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.

Insurance Requirements

KUA reserves the right to modify the insurance requirements set forth at any time during the process of solicitation or subsequent thereto. Except as otherwise specified in this contract, the Contractor and the Contractor’s subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to 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/her 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 the Contractor’s subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and the Contractor’s subcontractors under this contract.

• 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.

Additional Insured mailto:records@kua.com mailto:records@kua.com

Upon award, all insurance coverages 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 the Contractor’s 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. 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.

****END OF SECTION****

ACCEPTANCE OF TERMS & CONDITIONS

I the undersigned accept in total all the terms and conditions stipulated and referenced in this Request for Quotation document and agree that if a contract is offered or negotiated it will abide by the terms and conditions presented in this Request for Quotation document or as negotiated pursuant thereto. The signature below is an acknowledgment of my full understanding and acceptance of all terms and conditions set forth in the Request for Quotation document or as otherwise agreed to between the parties in writing.

COMPANY NAME

SIGNATURE

NAME, TITLE, TYPED OR PRINTED

MAILING ADDRESS

CITY, STATE, ZIP CODE

FAX NUMBER

E-MAIL ADDRESS

FED ID

REV 09.01.2021

ADDENDA

SOLICITATION# __________________________

SOLICITATION NAME _____________________________________

The undersigned bidder acknowledges receipt of the following addenda, which have been considered in preparing this Solicitation (if applicable).

Number __________ through Number __________

Bidder Information for:

Company Name Contact Name Phone Number Email Address Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

CERTIFICATION OF PROPER IDENTIFICATION AND/OR REDACTION OF

PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION AND/OR TRADE

SECRET INFORMATION

SOLICITATION NO.:

SOLICITATION NAME:

PLEASE CAREFULLY READ THIS CERTIFICATION AS YOUR BID RESPONSE IS

CONSIDERED A PUBLIC RECORD UNDER FLORIDA STATUTES.

ACCORDINGLY, IF SPECIFIC SENSITIVE INFORMATION IN YOUR BID

RESPONSE IS NOT PROPERLY LABELED AS “CONFIDENTIAL” OR “TRADE

SECRET” INFORMATION, IT COULD BE SUBJECT TO DISCLOSURE PURSUANT

TO FLORIDA PUBLIC RECORDS LAW.

Kissimmee Utility Authority (“KUA”), as a government agency, is subject to the Florida Public Records Act, Florida Statutes Chapter 119.07, et seq. Under Florida law, KUA is required to disclose all public record information in its possession upon request unless it is statutorily exempt, either under the trade secret exemption, Florida Statutes §812.081, §815.045 or §688.002, or the proprietary confidential business information exemption under Florida Statute §119.0713(4). For purposes of this Certification, the term “Response” includes Bidder’s proposal(s) and/or response(s) to KUA’s solicitations.

The undersigned Bidder hereby certifies that it has read and familiarized itself with Florida Statutes Chapter 119.07 et seq and Florida Statutes §812.081, §815.045, §119.0713, and §688.002. Bidder further certifies that it understands that Florida statutes and case law favor disclosure of records and prohibit exempting most information in a response to a government solicitation. Bidder understands that exemptions from public records disclosure are strictly scrutinized; and thus, Bidder certifies that it shall exercise reasonable judgment in specifically labeling information as protected confidential or trade secret information. Bidder acknowledges and further understands that government agencies, like KUA, are not required to seek permission to disclose non-exempt public records information upon request but have an affirmative duty to provide such information to requester(s) within a reasonable time.

Therefore, Bidder certifies that it has specifically and appropriately labeled any information as “Confidential” in its Response to KUA’s above-referenced solicitation that meets the statutory definitions of trade secret or proprietary confidential business information described above. Bidder further understands and agrees that if it fails to properly label as “Confidential” specific information in its Response that meets the statutory definitions of trade secret or proprietary confidential business information described above, then KUA will consider the information in Bidder’s Response as public record information that is not exempt from public disclosure. Accordingly, Bidder understands and agrees that in the event KUA receives a public records request(s) for Bidder’s Response to KUA’s above-referenced solicitation, KUA will provide full-disclosure of Bidder’s Response and accompanying information to the requester(s) unless Bidder has made affirmative efforts to appropriately label its asserted trade secret or propriety confidential business information as “Confidential.”

CERTIFICATION OF PROPER IDENTIFICATION AND/OR REDACTION OF

PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION AND/OR TRADE

SECRET INFORMATION

Bidder understands and agrees that should the requester(s) either file a lawsuit seeking court-mandated disclosure of previously labeled confidential or trade secret information or give KUA an indication that it will challenge the refusal to disclose any information that Bidder has labeled as confidential, KUA reserves the right to reevaluate the exempt status of this information and make preparations to turn the information over. In such event, KUA will give Bidder the opportunity to seek a protective order at its own cost and expense. If the requester(s) decide to challenge this in a court of law, Bidder agrees to retain counsel (and be solely responsible for its own attorney’s fees and costs) to defend and protect the information it claims is confidential and subject to the statutory exemptions from public records disclosure referenced above.

In return for the separate and adequate consideration stated in Subsection 12 Indemnity of Section 2 General Conditions, Special Instructions and Insurance Requirements of the above-referenced solicitation, Bidder agrees to indemnify and hold KUA harmless from any and all liability and/or expense, including reasonable attorney’s and expert witness fees and court costs, in the event a court finds that any of Bidder’s redacted information is public record and holds KUA liable for the requester(s)’ attorney’s fees and court costs for failure to disclose a public record.

KUA reserves the right to factor this result in any evaluation of bids submitted by Bidder in response to future KUA solicitations.

By submitting a Response to KUA’s above-referenced solicitation and signing this form, Bidder agrees that it has and will comply with all applicable requirements of the Florida Public Records Act and will further fully comply in good faith with the terms and conditions of this Certification.

This Certification shall remain in effect in full force and effect even after a contract is awarded and executed by the awardee.

Signature:

Print Name:

Title:

Company:

Date:

CONFLICT OF INTEREST STATEMENT

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

1. The undersigned is submitting a proposal/offer for the above project.

2. The undersigned conducted thorough research and provided the information in this statement based on full knowledge.

3. The undersigned confirms that only one submission has been made for this solicitation by the appropriate deadline, and the aforementioned entity has no financial interest in any other entities submitting proposals for the work.

4. Neither the undersigned nor the mentioned entity has engaged in any activity that restricts the competitive nature of this solicitation, including prior discussions of terms, conditions, pricing, or other offer parameters.

5. The entity and its affiliates, as well as anyone associated with them, are not currently suspended or prohibited from participating in this solicitation or any subsequent contracting by any government.

6. There is no potential conflict of interest for the entity or its affiliates, or anyone associated with them, due to any other clients, contracts, or property interests in this solicitation or the resulting project.

7. I also certify that no member of the entity’s ownership, management, or staff has a vested interest in any KUA Division, Department, or Office, and no member of the entity’s ownership or management is pursuing or has been selected for an elected position within

KUA.

If a conflict of interest arises during the provision of services, I will promptly notify KUA in writing.

CONFLICT OF INTEREST STATEMENT

Bidder Information Company Name Contact Name Phone Number Email Address Signature

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION. REV 09.01.2021

DRUG FREE WORKPLACE COMPLIANCE

SOLICITATION# __________________________

SOLICITATION NAME ____________________________________

IDENTICAL TIE BID: Preference shall be given to businesses with drug-free workplace programs.

Whenever two or more quotes which are equal with respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, 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. In order to have a drug-free workplace program, a business shall:

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

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

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

4. Notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the solicitation and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

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

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

I certify that this firm complies fully with the above requirements in accordance with Florida Statute 287.087.

Bidder Information Company Name Contact Name Phone Number Email Address Signature http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/0893ContentsIndex.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.087.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.087.html

EXPERIENCE, REFERENCES & CERTIFICATION

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

The Bidder must be a provider currently doing business with the general public, currently servicing a minimum of four (4) commercial accounts equal in size and scope to this solicitation, and be properly licensed to do business in the State of Florida. The Bidder(s), under its current business name, must also have a minimum of five (5) consecutive years of verifiable experience servicing commercial accounts equal in size and scope to this solicitation.

Reference #1 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

Reference #2 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

Reference #3 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

EXPERIENCE, REFERENCES & CERTIFICATION

Reference #4 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

Bidder Information Company Name Contact Name Phone Number Email Address Signature

NOTICES

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, with copy to last known email address shall constitute sufficient notice to the Owner and the Contractor. All notices required and/or made pursuant to this Contract Agreement to be given to the Owner and the Contractor shall be in writing and given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:

OWNER:

CC:

Kissimmee Utility Authority Attention:

Procurement Services Division 1701 W Carroll ST Kissimmee, Florida 34741 procurement@kua.com

BIDDER/CONTRACTOR:

Business Name

Name of Contact

Street

City, ST, Zip Code

Email Address

Phone

Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

mailto:procurement@kua.com

PRICE SCHEDULE CERTIFICATION

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

Bidder shall submit bid pricing in the format as requested to expedite and simplify the process of evaluation; to ensure each bid receives the same orderly review. Bids containing escalations and/or footnotes indicating changes or negotiations in pricing may be disqualified.

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

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 the solicitation document and do hereby agree that if a Contract Agreement is offered or negotiated it will abide by the terms and conditions presented in the solicitation document.

I/we, the undersigned, agrees to the terms of the solicitation 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 any and all addenda, for the price set forth herein.

I/we, the undersigned, acknowledge full understanding and acceptance of all the terms and conditions set forth in the solicitation document or as otherwise agreed to between the parties per Section 1, Paragraph 49. Contract Not Affected by Oral Agreement.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

PROPOSED SCHEDULE OF SUBCONTRACTORS

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

Check here if NO Subcontractors will be utilized for this project.

Subcontractor Name Minority Code Scope of Work to be Subcontracted

Dollar Value Certifying Agency

MWBE and SDVBE DESIGNATION Minority Code Code Description

MWBE MINORITY WOMEN BUSINESS ENTERPRISE

SDVBE SERVICE DISABLED VETERAN

Equal Employment Opportunity Bidder certifies in accordance with the provision of Title VII 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, that it will affirmatively ensure that in any contract entered into pursuant to this solicitation, minority business will be afforded full opportunity to submit bids in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

https://www.justice.gov/crt/title-vi-1964-civil-rights-act https://www.justice.gov/crt/title-vi-1964-civil-rights-act

QUALIFICATION & PROJECT MANAGEMENT

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

The following questionnaire shall be completed by the Bidder(s) to assist in the evaluation of the bid submittals.

Primary Contact Information Name of Primary Contact Responsible for Work Performance Title of Primary Contact Phone Number Cell Phone Email Address

Alternate Contact Information Name of Alternate Contact Responsible for Work Performance Title of Alternate Contact Phone Number Cell Phone Email Address

Experience Years in Business Years in Business under this name Years Performing this type of work Value of work in place last year Number of Full Time Employees Percentage of Work usually self-performed Name of company used for background checks Has firm failed to complete a contract?

Has firm ever filed bankruptcy?

QUALIFICATION & PROJECT MANAGEMENT

Safety *Have you had any OSHA fines within the last three (3) years?

*Have you had any job related fatalities within the last five (5) years?

*If you answered YES to either of the above questions, you MUST submit the details describing the circumstances surrounding each incident on a separate sheet.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

STATEMENT OF COMPLIANCE & EXCEPTIONS

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

______ We DO NOT take exception to the Solicitation/Specifications.

______ We TAKE exception to the Solicitation/Specifications as follows:

Bidder’s failure to reference and delineate exceptions in this Statement of Compliance and signature on same constitutes a complete waiver by Bidder of any exceptions to any of the terms and conditions of this Solicitation/Specifications. Bidder’s signature below constitutes Bidder’s understanding, acknowledgement and agreement that it is bound by all the terms and conditions of this Solicitation/Specifications unless Bidder sets forth its written exceptions above.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

jgonzalez Cross-Out

STATEMENT OF INSPECTION

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

We, the undersigned, have inspected the facility, job site, location specified in the Solicitation document and fully review and understand all work required in accordance with the Solicitation/Specifications for each phase.

Location Name Address Date

Bidder Information Company Name Contact Name Phone Number Email Address Signature

Page 1 of 3 REV 09.01.2021

PUBLIC ENTITY CRIMES AND SCRUTINIZED COMPANIES

SWORN STATEMENT UNDER SECTION

FLORIDA STATUTES 287.133 (3) (A) AND 287.135

SOLICITATION# __________________________

SOLICITATION NAME _____________________________________

(To be signed in the presence of a notary public or other officer authorized to administer oaths.)

Before me, the undersigned authority, personally appeared who, being by me first duly sworn, made the following statement:

1. The business address of ____________________________________________

[name of bidder or Supplier] is __________________________________________

2. My relationship to __________________________________________________

[Name of bidder or Supplier] is __________________________________________

[Relationship such as sole proprietor, partner, president, vice president].

3. I understand that any company listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Section as defined by Florida Statute 215.473 may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. If found to be on the list, I understand that any contract with the governmental agency or entity will be terminated and that civil penalties as outlined in Florida Statute 287.135 will apply.

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

5. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or

Page 2 of 3 REV 09.01.2021 information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

6. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in RFP16 4091 OQ the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

7. Neither the bidder or Supplier nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder or Supplier nor any affiliate of the bidder or Supplier has been convicted of a public entity crime subsequent to July 1, 1989.

[Draw a line through paragraph 7 if paragraph 8 below applies.]

8. There has been a conviction of a public entity crime by the bidder or Supplier, or an officer, director, executive, partner, shareholder, employee, member or agent of the bidder or Supplier who is active in the management of the bidder or Supplier or an affiliate of the bidder or Supplier. A determination has been made pursuant to Section 287.133(3) by order of the Division of Administrative Hearings that it is not in the public interest for the name of the convicted person or affiliate to appear on the convicted vendor list. The name of the convicted person or affiliate is ___________________________________.

A copy of the order of the Division of Administrative Hearings is attached to this statement.

[Draw a line through paragraph 8 if paragraph 7 above applies.]

SIGNATURE PAGE TO FOLLOW

Page 3 of 3 REV 09.01.2021

Signed by: __________________________________

STATE OF ________________

COUNTY OF _______________

Printed Name:________________________________

The foregoing instrument was sworn to and subscribed before me in the state and county first mentioned above on the _____ day of _____________, 20___, by means of

[ ] Physical Presence or [ ] Online Notarization.

Notary Public – State of

Commission Expires __________________________

____ Personally Known

____ Produced Identification: ____________________

REV 07.12.2024

VENDOR ACCESS TO KUA SYSTEMS AND NETWORKS

CERTIFICATION

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

The undersigned Bidder certifies to the following:

[ ] Bidder is a Class 1 vendor, as that term is defined in the attached KUA Network Access Policy, who, after contract award, would need to connect to KUA’s network remotely or locally and interact with KUA’s computer systems and networks. By checking this box as a Class 1 Vendor, Bidder, its employees, contractor, subcontractors and agents agree to comply fully with the KUA Network Access Policy, which is attached hereto as Exhibit A, and is incorporated by reference herein, and to be bound by all terms and conditions set forth therein; OR

[ ] Bidder is a Class 2 vendor, as that term is defined in the attached KUA Network Access Policy, who, after contract award, would need to send electronic materials to KUA via email, ftp or a permission based upload and may need, therefore, to access KUA’s Customer Information System. By checking this box as a Class 2 Vendor, Bidder, its employees, contractor, subcontractors and agents agree to comply fully with the KUA Network Access Policy, which is attached hereto as Exhibit A and is incorporated by reference herein, and to be bound by all terms and conditions set forth herein; OR

[ ] Bidder is neither a Class 1 nor a Class 2 vendor, as Bidder’s goods or services will not require bidder to access KUA’s computer systems or networks for any reason at any time.

By submitting a response to KUA’s above-referenced solicitation and signing this form, Bidder agrees its marking of the appropriate box shall bind Bidder fully to the KUA Network Access Policy applicable to its status and will fully comply in good faith with the terms and conditions of the KUA Network Access Policy and this Certification. This Certification shall remain in full force and effect even after a contract is awarded and executed by the awardee.

Signature: Date:

Print Name:

Title:

Company:

REV 07.12.2024

VENDOR ACCESS TO KUA SYSTEMS AND NETWORKS

CERTIFICATION

EXHIBIT A – KUA NETWORK ACCESS POLICY

Network Access Agreement

By proceeding to access KUA’s network or data resources, the vendor, contractor, or government agency agrees to abide by and accept KUA’s terms of use as follows:

Recitals

KUA continues to increase its reliance on IT systems and automation. This presents a growing risk of business disruption, negative financial impact and loss of reputation capital in the event those automated systems are compromised. Cybersecurity threats can occur internally or externally, not only by attackers, but by negligent employees or via malfeasance in the supply chain.

KUA’s IT systems are highly secure, and regularly inspected and mitigated for an entire range of malware and vulnerabilities. When service providers or consultants connect to KUA’s network, KUA inherits the security risk of those vendor’s systems, extending the potential for breach, ransom, malware, or disruption. Vendors, contractors or government offices are entities that connect to KUA’s network remotely or locally and interact with KUA’s systems. This interaction includes tasks such as application development, modification of business systems code or system configurations, or access to KUA data. The scope of work for these activities includes but is not limited to retrieving information from KUA’s databases or uploading files or programs information into KUA’s system.

These represent the highest risk to KUA.

By connecting to KUA’s network, the company, government, or individual acknowledges that it is responsible to:

Proactively assure mutual cyber hygiene, KUA…

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File details come from the government source that posted it. Updated .