RFQu_25-002-RM_Energy_Conservation_Rebate_Program_.pdf

REV071824

SOLICITATION COVER PAGE

Solicitation Number RFQu 25-002-RM

Solicitation Title Energy Conservation Rebate Program

Issue Date 1/27/2025

Questions/Comments Due Date

2/21/2025 2:00 PM EST

Solicitation Due Date/Time 3/4/2025 2:00 PM EST

Public Bid Opening https://zoom.us/j/93487729870

Meeting ID: 934 8772 9870

Pre-Bid Conference Information

NO PRE-BID CONFERENCE

Site Visit W/Pre-Bid? N/A

Bid Bond No Bid Bond Required

Payment & Performance Bond No Performance Bond Required

Anticipated Term five (5) year term renewal periods when in the best interest of KUA

Insurance Requirements (See Section 2.30-2.40 For Limits)

Service Tier A - Less Than $250,000 Per Repair or Service

Ramandeep K Mann, MBA, NIGP-CPP, CPPB

WWW.KUA.COM - PROCUREMENT

www.myvendorlink.com procurement@kua.com

Bidder Information for:

REMINDER: THIS COVER PAGE MUST BE INCLUDED WITH YOUR SUBMITTAL. To ensure fair consideration, consistent and accurate dissemination of information for all bidders, KUA prohibits communication to or with any department, employee, or agent, except as authorized by the Procurement Division representative.

Company Name

Contact Name

Phone Number

Email Address

Signature https://zoom.us/j/93487729870 https://kua.com/about-kua/corporate-information/purchasing/ https://www.myvendorlink.com/common/default.aspx mailto:procurement@kua.com

REV071824

REQUIRED FORM CHECKLIST

A selected box () on the items below indicates these are applicable items and the terms and conditions stated in all solicitation sections are applicable. Bidders shall complete all the forms selected () below, and include them in the submittal package in order listed below with any other requested information.

Required Forms (checked if applicable)

Submit all checked forms with bid package

Addenda Acknowledgement (If Applicable)

Certification of Proper Identification of Confidential Information

Conflict of Interest Statement

Drug-Free Workplace Compliance Certification

Exhibit A Pricing Schedule (upload as a separate Excel file to VendorLink)

Experience, References and Certification

Notices

Price Schedule Certification

Proposed Schedule of Subcontractors

Public Entity Crimes and Scrutinized Companies

Qualification & Project Manager

Scope of Services (RFP & RFQu)

Statement of Compliance and Exceptions

Statement of Inspection (If Applicable)

Vendor Access to KUA Systems and Networks Certification

Response Forms (place if applicable)

Statement of No Participation

REMINDER: THIS PAGE MUST BE INCLUDED WITH YOUR SUBMITTAL. FAILURE TO SUBMIT WITH YOUR

SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

Section Descriptions Solicitation Cover Page and Required Form Checklist Section 1 – Instructions to Bidders Section 2 – Conditions and Insurance Section 3 - Scope of Service

Section 1

Instructions to Bidders

1. Definitions and Parties

1.1. Kissimmee Utility Authority. The Kissimmee Utility Authority may be referred to interchangeably as “KUA,” “Owner,” or “Purchaser.”

1.2. Common Terms

1.2.1. “Bidder(s),” “Vendor(s),” “Contractor(s),” “Supplier(s),” “Quoter(s)” and “Proposer(s)” shall mean the organization, party, person, firm, company, corporation, partnership, joint venture or entity responding to this Solicitation.

1.2.2. “Solicitation” shall mean “Request for Proposal(s) (RFP),” “Request for Qualification (RFQu),” “Invitation to Bid (ITB),” “Annual Requirement (AR),” “Request for Quote (RFQ),” to which the Bidder is responding.

1.2.3. “Bid(s),” “Proposal(s),” “Replies” or “Quote(s)” shall mean the documents formally submitted to KUA by each of the Bidders responding to this Solicitation.

1.2.4. “Procurement Director” shall mean the department head, or his/her designee, responsible for managing the Procurement process.

1.3. Savings Clause. The presence or absence of a defined term describing either party to this Solicitation, which includes any associated Contract Agreement and Contract Documents, will not render any provisions of the Solicitation, associated Contract Agreement or Contract Documents ineffective or inapplicable to such party provided a given provision’s context reasonably indicates that it applies to such party. The use or lack thereof of capital letters in any of the terms defined and described herein is not intended to carry any legal significance and shall not be construed to deny applicability of any provisions or terms to the parties by reason thereof.

2. Opening Location

The bids, proposals, or replies will be publicly opened by the Kissimmee Utility Authority (KUA) Procurement Services Division virtually per the Solicitation, in the presence of KUA officials. All interested parties are invited to join.

Bids, proposals, or replies will not be read aloud or revealed to the public at this time.

Only the names of the responding bidders will be available to the public immediately after the bids, proposals, or replies are opened. In accordance with Chapter 119.07 (1) Florida Statutes, all bids, proposals, or replies documents will be made available for public inspection upon request, when the notice of award recommendation has been posted or within thirty (30) days after the bids, proposals, or replies due date and time, whichever is earlier.

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3. Bids, Proposals, or Replies Delivery Requirements

Interested parties are requested to respond to this solicitation by Electronic submittals (ONLY) via VendorLink at https://www.myvendorlink.com/. Hard copy submittals will not be accepted, unless requested and approved in advance of the due date and time. Do not submit hard copies unless approved. Email, fax or other means will not be accepted.

To ensure a responsive bid, proposal, question or reply:

Submit electronically through VendorLink.

Upload only the following file formats: MS Word (.doc or .docx), Excel (.xls or .xlsx), PowerPoint (.ppt or .pptx); Adobe Portable Document Format (.pdf); or Compressed File (ZIP) formats.

Enable printing.

If technical difficulties arise during bid submission, contact VendorLink technical support at support@evendorlink.com. If further assistance is needed, please call 407-222-1885.

It shall be the sole responsibility of the bidder to have their bids, proposals, questions or replies electronically submitted into VendorLink on or before the above stated due date and time. Any uploads attempted after the above stated date and time will be rejected.

4. Pre-Bid Conference

A mandatory or non-mandatory pre-bid conference may be held for this solicitation project. The solicitation cover page provides the information. The pre-bid conference is intended to provide prospective bidders opportunity to ask questions or receive clarification of any requirements of this bid. A representative from the Procurement Services Division and the user department will be present. Bidders are encouraged to submit written questions to the contact person in advance.

5. Site Visit Inspection

A mandatory or non-mandatory site visit inspection may be held for this solicitation project. The solicitation cover page provides the information. The site visit inspection is intended to provide prospective bidders opportunity to have inspected the facility, job site, location specified in the Solicitation document to understand all work required in accordance with the Solicitation/Specifications for each phase.

6. Addenda

Each bidder shall examine all Solicitation documents, and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the Solicitation shall be made through KUA Procurement Services Division. Clarifications shall be submitted via VendorLink at https://www.myvendorlink.com/. KUA shall not be responsible for oral interpretations given by any KUA employee, representative or others.

The issuance of a written addendum is the ONLY official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this Solicitation, VendorLink will attempt to notify all prospective bidders and planholders.

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It shall be the responsibility of each bidder, prior to submitting their bid, to verify through VendorLink or contact KUA Procurement Services Division to determine if addenda were issued and to make such addenda a part of their bid.

7. Hard Copy Submittal Sealed and Marked Package

Hard copy submittals may only be used when approved in writing, in advance of submittal due date and time. Submittals must adhere to the same instructions herein.

Kissimmee Utility Authority Procurement Services Division 1701 West Carroll Street Kissimmee, Florida 34741

8. Legal Name of Bidder

Bids shall clearly indicate the legal name, address, and telephone number of the bidder (company, firm, partnership, or individual). Bids shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the bidder to the submitted bid.

9. Signature

Bidder shall sign the bid in the proper section with a manual or electronic signature of an authorized representative, and shall enter their title and date of the bid. Failure to properly sign the bid shall invalidate same, and it shall not be considered for award. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid.

10. Bid Expenses

All expenses for submitting bids to KUA are to be borne by the bidder.

11. Irrevocable Offer

Any bid may be withdrawn up until the date and time set above for opening of the bid.

Any bid not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one hundred eighty (180) days to sell KUA the goods or services set forth in this Solicitation until one or more of the bids have been duly accepted by KUA.

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12. Reserved Rights

12.1. KUA reserves the right to accept or reject any and/or all bids, or any part thereof and/or to waive irregularities and technicalities and to request submission. Also, KUA reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of KUA. Any sole response received by the first submission date may or may not be rejected by KUA depending on available competition and timely needs of KUA. For each item or for all items combined, the bid of the lowest responsive, responsible bidder will be, unless all bids are rejected.

12.2. To be responsive, a bidder shall submit a bid that conforms in all material respects to the requirements set forth in the Solicitation.

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

12.4. To be a responsible bidder, the bidder shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, KUA reserves the right to make such investigation as it deems necessary to make this determination. Such information may include but shall not be limited to: current financial statements;

verification of availability of equipment and personnel; and past performance records. In the event that any pay item price is determined to be unreasonably low or unreasonably high, the bid may be declared non-responsive and may not be considered.

13. The Right to Audit

The Contractor agrees to furnish such supporting detail as may be required by the Owner to support charges or invoices, to make available for audit purposes all records covering charges pertinent to the purchase, and to make appropriate adjustments in the event discrepancies are found. The Owner will pay the cost of any audit. The Owner shall have the right to audit the Contractor's records pertaining to the work/product for a period of three (3) years after final payment.

14. Applicable Laws

All applicable laws and regulations of the State of Florida and KUA Procurement Services Division regulations and procedures will apply to any involvement by Contractor, as well as any resulting agreement, contract, or purchase order.

15. Code of Ethics

With respect to this bid, if any bidder violates or is a party to a violation of the Code of Ethics of KUA per KUA Procurement Services regulations and/or the State of Florida per Florida Statutes, Chapter 12, Part III, Code of Ethics for Public Officers and Employees, SECTION 1, PAGE 5 OF 17, REV 07102024 such bidder may be disqualified from furnishing the goods or services for which the bid, proposal, or reply is submitted and shall be further disqualified from submitting any future bids for goods or services for KUA.

16. Collusion

By offering a submission to this Solicitation, the bidder certifies the bidder has not divulged, discussed, or compared their bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, the bidder certifies, and in the case of a joint bid each party thereto certifies as to their own organization, that in connection with this bid:

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

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

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

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

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

17. Contract Forms

Any agreement, contract, or purchase order resulting from the acceptance of a bid, proposal, or reply shall be on forms either supplied by or approved by KUA.

18. Bid Forms, Variances, Alternates

The bid, proposal or reply must include all selected required KUA bid forms. Additional information may be attached. All blank spaces must be completed with the appropriate response, “None,” or “N/A.” The bidder shall submit all completed required bid forms.

Bidders must indicate any variances from the conditions of the Solicitation; otherwise bidder must fully comply with the Solicitation in its entirety. Alternate bids may or may not be considered at the sole discretion of KUA.

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19. Completeness of Bid

19.1. Bidders shall quote on all items in one bid form. Failure to do so may result in the bid being rejected as non-responsive.

19.2. When quotations on certain items are optional, bidders shall insert the words "no bid" in the space provided for an item for which no quotation is made.

19.3. Incorporation in the bid of substantial exceptions to the general conditions or special conditions shall invalidate the bid, if the exceptions amount to a substantial modification of the contract documents. Exceptions to technical specifications shall be clearly noted in the "Statement of Compliance and Exceptions" form.

19.4. The bid must be signed by an authorized agent or officer of the firm.

20. Quotations

No bidder will be allowed to offer more than one price on each item even though the bidder may feel that they have two or more types or styles that will meet specifications.

Bidders must determine for themselves which to offer.

21. Modification or Withdrawal of Bid

A modification of a bid already received will be considered only if the modification is received prior to the time announced for opening of bids, proposals, or replies. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid. Modifications submitted by telephone, fax, or email will not be considered.

Any bidder may withdraw their bid by giving written notice to the Director of Procurement at the place such bids are to be received and at any time prior to the time announced for opening of bids.

22. Errors in Bids

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

23. “Statement of No Participation” Response Form

If not submitting a bid, proposal, or reply, respond by returning the "Statement of No Participation" response form no later than the stated bid opening date and time detailing the reason in the space provided.

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24. Prices Quoted

Give both unit price and extended total. Prices must be stated in units of quantity specified in the bid specifications. In case of discrepancy in computing the amount of the bid, the unit price quoted will govern. The bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications. All prices to include F.O.B. destination, freight prepaid, including transportation. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. If a bidder offers a discount on payment terms, it is understood that a minimum of thirty (30) days will be required for payment (unless otherwise stated in special instructions), and the discount time will be computed from the date of acceptance and receipt of correct invoice. All invoices must be sent to accountspayable@kua.com or Attention: Accounts Payable, P.O. Box 423219, Kissimmee, FL 34742-3219.

25. Acceptance and Delivery

Inspection and acceptance of goods/services will be at the destination, unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Contractor until accepted by KUA, unless loss or damage results from negligence by KUA. Receipt of goods/services shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the service/commodity meets the specifications and conditions. Should the products/services differ in any respect from the specifications, payment will be withheld until such time as the Contractor takes necessary corrective action. If the proposed corrective action is not acceptable to the requesting department/office, the Procurement Services Division may authorize said department/office to refuse the final acceptance of the goods/services. Should a representative of KUA agree to accept the goods/services on the condition that the Contractor will correct its performance within a stipulated time period, then payment will be withheld until the services are performed as specified in the Contract Agreement. The Contractor, and/or its subcontractors and/or agents, will assure a separate delivery ticket for each delivery and will obtain an authorized signature from Owner’s employee. At least one copy of the delivery ticket shall be left with Owner’s employee on each delivery. Separate invoicing will be required. All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, unless otherwise agreed to by the KUA’s Project Manager. Upon failure to meet delivery as proposed by Contractor, necessitating KUA to make purchase of a product proposed from other sources, Contractor shall be liable for the difference of price between awarded proposed price and the cost of the required purchase outside of the contract.

26. Contractor/Bidder Railroad Notification/Coordination Obligation

Contractor/Bidder acknowledges that performance of its obligations under this contract may require delivery of heavy equipment to the Cane Island and/or Hansel sites by low clearance or slow moving heavy haul vehicles and that said vehicles will necessarily have to cross various railroad tracks, including those at a private road grade crossing located at the entrance to the Cane Island. Contractor/Bidder expressly acknowledges that it has been duly informed, by owner, that in order for said vehicles to prudently and safely traverse said crossing, it will be necessary to inform, the railroad having jurisdiction of

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said crossing (CSX Transportation, Inc.), in advance of the intended crossing and arrange for appropriate protection from train traffic, prior to attempting to cross those railroad tracks. Contractor/Bidder further acknowledges that it has read and is familiar with 316.170, Fla. Stat., and agrees that this statute legally requires Contractor/Bidder to provide advance notice to the proper authorities of the railroad before attempting to cross these railroad tracks with low clearance or slow moving heavy hauling vehicles.

Accordingly, in the event delivery by such vehicles is required, Contractor/Bidder agrees that it will be solely responsible to notify and coordinate with all necessary railroad and/or train companies and personnel, the safe crossing of these railroad tracks by any and all low clearance or slow moving heavy haul vehicles, which are delivering equipment to the Cane Island & Hansel sites. Contract/Bidder acknowledges and agrees that Owner will have no responsibility for said notification or coordination with the railroad and/or train company. Contractor/Bidder agrees that it will likewise require all subcontractors, sub suppliers, vendors, trucking companies, or hauling companies, performing any delivery obligation under this contract to likewise notify and coordinate their delivery with the appropriate railroad and/or train company.

Contractor/Bidder agrees to defend, indemnify and hold harmless owner and its affiliates, agents, employees, servants, representatives, officers, directors, successors and assigns, from and against any and all claims, demands, damages, losses and expenses arising out of or resulting from personal injury, death or physical damage to tangible property (including but not limited to fees of and charges of engineers, attorneys and other professionals and court and arbitration costs, whether direct, indirect or consequential), to the extent caused by the breach of this contractual provision and/or the negligent or otherwise wrongful conduct of Contractor/Bidder and/or any party retained by Contractor/Bidder to perform the delivery obligations under this contract.

27. Payment Terms

It is the intention of KUA to make payment on completed orders within thirty (30) days, or the time period required by any applicable law, after receiving and if applicable, accepting invoicing unless unusual circumstances arise. Invoices shall be fully documented as to materials/service provided. No payment shall be made on invoices not listing a purchase order number. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if in the opinion of the Procurement Services Division the review, inspection and processing procedures can be completed as to the specific purchases within the specified time.

28. Discounts

Any and all discounts must be incorporated as a reduction in the bid price and not shown separately. The price as shown on the bid shall be the price used in determining award(s).

29. Descriptive Information

Unless otherwise specifically provided in the specifications, all equipment, materials, and articles incorporated in the product/work covered by the agreement are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, or article or patented process, SECTION 1, PAGE 9 OF 17, REV 07102024 by trade name, make, or catalog number shall not be construed as limited competition. If the bidder wishes to make a substitution to the specifications, the bidder shall furnish to KUA the name of the manufacturer, the model number, and other identifying data and information necessary to aid KUA in evaluating the substitution, and such substitution shall be subject to KUA approval. Substitutions shall be approved only if determined by KUA to be equivalent to the specifications. A bid containing a substitution is subject to disqualification if the substitution is not approved by KUA.

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

30. Interpretations

Should any bidder have any questions as to the intent of meaning of any part of this bid the question should be directed to the Procurement Services representative of this bid via VendorLink by the Questions/Comments Due Date.

31. "Or Equal" Interpretation

When a particular manufacturer's name or brand is specified along with the words "or equal," bids will be considered on other brands or on the product of other manufacturers.

On all such bids the bidder shall indicate clearly the product (brand and model number) on which they are bidding, and shall supply a sample or sufficient data in detail to enable an intelligent comparison to be made with the particular brand or manufacturer specified.

All samples shall be submitted in accordance with procedures outlined in paragraph labeled "Samples.” Catalog cuts and technical descriptive data shall be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for the bid to be disqualified.

32. Deviations to Specifications

All deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to KUA to the specifications as written. Any deviation from the specifications as written, not previously submitted as required by the above, will be grounds for rejection of the material, equipment, and/or services delivered or performed.

33. Alternatives/Substitutions to Specifications

Any alternatives or substitutions to the attached specification must be clearly delineated, set out, and submitted on the “Statement of Compliance and Exceptions” response form.

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34. Samples (if required by Bid Form-See Special Instructions)

34.1. The samples submitted by bidders on items for which they have received an award may be retained by KUA until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted.

34.2. Samples not retained must be removed as soon as possible after award has been made on the item or items for which the samples have been submitted.

KUA will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. KUA reserves the right to consume any or all samples for testing purposes.

34.3. Bidders shall make all arrangements for delivery of samples to place designated as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder.

34.4. All sample packages shall be marked "Sample for Procurement Services" and each sample shall bear the name of the bidder, item number, bid number and shall be carefully tagged or marked in a substantial manner. Failure of the bidder to clearly identify samples as indicated may be considered sufficient reason for disqualification.

35. Quality Guarantee

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

36. Quality Terms

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

37. Warranty

Contractor warrants to Owner that all commodities, products, materials and/or equipment (“Goods”) delivered pursuant to this Solicitation shall be free from defects in material or workmanship and shall conform to all requirements of the contract and expectations of the Owner. All goods delivered by Contractor are guaranteed to be new, unused, and to conform in all respects to the requirements of this contract. After receipt of written notice thereof, Contractor shall promptly replace any defective or non-conforming Goods provided at no additional cost to KUA with warranties covering each item replaced as provided below. In the alternative, KUA, at its sole discretion, reserves the right to reject delivery of non-conforming Goods, terminate the Contract and pursue the remedies provided herein. Contractor agrees that Goods furnished pursuant to the contract documents will come with a separate, all encompassing and comprehensive warranty which will be furnished to Owner at the time of the material’s delivery. Warranty coverage

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shall commence on the date of acceptance by the authority extending through years from that date. Each item of Goods furnished shall be guaranteed by the successful Contractor to be free from adulterants or impurities which might cause hazards or stoppages in the operation of standard equipment using the specified products. KUA will not accept any disclaimer of warranties of merchantability and fitness for a particular purpose for the Goods offered. Bids will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer’s warranty is to be submitted with the bid. The warranties set forth above shall apply to each item of Goods provided as replacement for defective or non-conforming items pursuant to this Section.

38. Use of Trade Names

Brand or trade names referenced in specifications are for comparison purpose only.

Bidders may submit bids on items manufactured by other than the manufacturer specified.

In these instances, bids must be accompanied with all descriptive information necessary for a thorough evaluation of the proposed material or equipment such as detailed drawings and specifications, certified operation and test data, and experience records, as well as an itemized list of any variance from, or exceptions taken to the specifications.

Failure of any bidder to furnish the data will be cause for rejection of the specified item(s) to which it pertains.

39. Bid Bond (see Solicitation Cover Page)

A bid bond, properly executed by the bidder and by a qualified surety, or a certified or cashier's check drawn in the amount shown on the Solicitation made payable to KUA, must accompany each bid as a guarantee that the bidder will not withdraw from the competition after opening of the bid. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. KUA reserves the right to modify the bid bonding requirements set forth at any time during the process of solicitation or subsequent thereto.

40. Performance Bond (see Solicitation Cover Page)

The successful bidder on this bid must furnish a performance bond in the amount shown on the Solicitation, made out to KUA, prepared on an approved form, as security for the faithful performance of the Contract Agreement within ten days of notification that their bid has been accepted. The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of Florida. The successful bidder upon failure or refusal to furnish the required performance bond shall forfeit their bid guaranty as liquidated damages for such failure or refusal. KUA reserves the right to modify the performance bonding requirements set forth at any time during the process of solicitation or subsequent thereto.

41. Authorized Product Representation

The successful bidder(s) by virtue of submitting the name and specifications of a manufacturer's product will be required to furnish the named manufacturer's product. By virtue of submission of the stated documents it will be presumed by KUA that the bidder(s)

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is legally authorized to so submit and the successful bidder(s) will be legally bound to perform according to the documents.

42. Regulations

It shall be the responsibility of each supplier to assure compliance with all Occupational Safety and Health Administration “OSHA,” Environmental Protection Agency “EPA” and/or Federal or State of Florida rules, regulations or other requirements, as each may apply.

43. Period of Offer Validity

Prices quoted in the bid under Article 2 of the UCC must remain open for a period of ninety (90) days from the date of the bid opening.

44. Cancellation

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

45. Royalties, Patents and Copyrights

The successful bidder(s) shall pay all royalties and license fees for equipment or processes in conjunction with the equipment the Contractor is furnishing. The Contractor shall defend all suits or claims for infringement of any patent right and shall hold KUA harmless from loss on account thereof and cost and attorney's fees incurred therefore.

Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, and/or selling the item(s) ordered or shipped as a result of this bid, and successful bidder agrees to hold KUA harmless from any and all liability, loss or expense by any such violation.

46. Equal Employment Opportunity Clause

KUA of Kissimmee, Florida, 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, hereby notifies all Bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement minority business will be afforded full opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

47. Drug-Free Workplace

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

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48. Public Entity Crime Information

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 a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

49. Contract Documents Not Affected by Oral Agreement

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

50. Basis for Award

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

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

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

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

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

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

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

50.2. The contract resulting from this solicitation will be awarded to that responsive and responsible bidder whose bid conforming to the Solicitation is determined most responsive, responsible and/or advantageous to KUA, price and other factors considered. The offeror’s bid shall be in the form prescribed by this Solicitation and shall contain a response to each of the areas identified which affects the evaluation factors for award. KUA reserves the right to make award to one bidder, to split the award between bidders, to not award some or all items, or designate a primary and secondary awardee, reject any and all bids or parts of the bid, to waive irregularities and technicalities and to rebid depending on the best interest of KUA. KUA may accept any item or group of https://m.flsenate.gov/Statutes/287.017

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items on any bid unless the offeror qualifies his bid by specific limitations.

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

51. Appeals and Remedies

51.1. Any bidder adversely affected by the decision or intended decision of award must file a written Notice of Protest to the Procurement Director within seventy-two (72) hours (excluding Saturday, Sundays, and legal holidays) after the posting of KUA’s decision or intended decision. Furthermore, the bidder shall submit a Formal Written Protest within ten (10) calendar days to the Procurement Director.

51.2. Bid Protest Procedures. The Notice of Protest and Formal Written Protest must contain all required information as follows:

51.2.1. Notice of Protest. The Notice of Protest shall contain, at a minimum the following information:

51.2.1.1. The name of the bidder.

51.2.1.2. The bidder’s address and phone number.

51.2.1.3. The name of the bidder’s representative to whom notices may be sent.

51.2.1.4. A brief factual summary of the basis for the protest.

51.2.1.5. The bid number and title.

51.2.2. Formal Written Protest. The Formal Written Protest shall contain, at a minimum, the following information:

51.2.2.1. Identification of the protesting bidder, the bid title, and number involved.

51.2.2.2. A plain, clear statement of the grounds on which the protest is based.

51.2.2.3. Reference to the statutes, rules or other legal authorities which the protesting bidder deems applicable to such grounds.

51.2.2.4. Specific request for the relief to which the protesting bidder deems himself/herself entitled by application of such authorities to such grounds.

51.3. Any bidder who files an action protesting a decision is advised that all written notices of protest must be accompanied by a protest bond. The protest bond

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shall be payable to KUA in an amount equal to five (5) percent of KUA’s estimate of the total amount of the contract or $5,000, whichever is greater. In lieu of a bond, KUA may accept a cashier’s check or money order in the amount of the bond.

51.4. The protest bond shall be dated the same as the date shown on the written Notice of Protest. There must be attached to each protest bond a duly authenticated or certified Power of Attorney evidencing that the Attorney-in- Fact who executes the protest bond on behalf of and in name of the Surety has the authority to so execute the protest bond on the date of protest bond. If the protesting bidder prevails, the protest bond shall be returned in full. If protesting bidder does not prevail, then the protesting bidder shall have no right to same or to a refund of any part of same.

51.5. A protest is filed with KUA when it is delivered to and received by the Procurement Director. Failure to file a protest and submit the protest bond within the time prescribed herein shall constitute a waiver of proceeding. After the seventy-two (72) hours or ten (10) calendar days has passed without protest, KUA will not consider any protest as being valid.

51.6. Upon receipt of the Formal Written Protest which has been timely filed, the Procurement Director may continue to proceed with the contract award process at his or her discretion. If the protesting bidder prevails, the contract may be re-awarded to the prevailing party, or re-bid, as determined in the resolution of the protest.

51.7. The Procurement Director shall issue a written determination of findings within fourteen (14) calendar days of receipt of the formal written protest from the bidder. The determination shall state the reasons for the decision reached, and shall inform the bidder of his appeal rights under this section.

51.8. In the event the matter has not been resolved to either parties satisfaction, the bidder shall have the right to appeal to the President and General Manager within seventy-two (72) consecutive hours (excluding Saturdays, Sundays and legal holidays) from receipt of the decision from the Procurement Director.

51.9. Upon receipt of an appeal, the President and General Manager will thoroughly investigate the events and circumstances of the bidder’s protest. He/she may elect to hold an informal proceeding for taking evidence and testimony before rendering a written decision.

51.10. Within thirty (30) days of receipt of the appeal, the President and General Manager shall render a written decision citing the findings of his/her investigation and the final determination. In the event, upon investigation of the circumstances, he/she determines the grounds for protest to be valid, he/she will cite the appropriate action to be taken such as cancellation of bids and re-bid, reversal of award, etc.

51.11. The decision of the President and General Manager shall be final and conclusive, and shall represent the end of the protest procedure stated herein.

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52. Cone of Silence

52.1. To ensure fair consideration, consistent and accurate dissemination of information for all bidders, KUA prohibits communication to or with any department, employee, or agent evaluating or considering the proposals during the submission process, except as authorized by the Procurement Division representative.

52.2. During the Cone of Silence (formerly known as Blackout Period) as defined in the next paragraph, no person may lobby (see previous paragraph) on behalf of a competing party in a particular procurement process, employees except the procurement designated staff contact in the Procurement Division. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

52.3. The Cone of Silence is the period between the issue date of the solicitation, and the time KUA awards the contract. Lobbying means when a person seeks to influence or attempt to influence employees, with respect to a decision of KUA, except as authorized by procurement procedures.

53. Questions

53.1. It is the intent and purpose of KUA to promote competitive bidding. It shall be the bidder's responsibility to advise the Procurement Services Division if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Solicitation to a single source. Such notification must be submitted in writing and must be received by Procurement Services Division by the Questions/Comments Due Date.

53.2. During the submission process, to ensure fair consideration for all prospective bidders KUA prohibits communication to or with any department or employee, except as provided in the following paragraph.

53.3. During the evaluation process, KUA prohibits communications initiated by a bidder to any KUA employee evaluating or considering the bids prior to the time an award decision has been made. Any communication between the bidder and KUA will be initiated by the appropriate KUA Procurement Services Division employee in order to obtain information or clarification needed to develop a proper, accurate evaluation of the bid. Such communications initiated by a bidder may be grounds for disqualifying the offending bidder from consideration for award of the bid and/or any future bid.

53.4. Any questions relative to interpretation of specifications or the bid process shall be addressed to vendorlink.com by the Questions/Comments Due Date. Any interpretation made to prospective companies will be expressed in the form of an addendum to the specifications, which, if issued, will be conveyed in writing to all prospective companies via VendorLink notifications.

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NOTE: Any and all Special Conditions and specifications attached hereto, which vary from the Section 2 - General Conditions, Special Instructions and Insurance Requirements shall take precedence.

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Section 2

GENERAL CONDITIONS, SPECIAL INSTRUCTIONS AND INSURANCE REQUIREMENTS

1. Purpose

It is the intent of this Solicitation to engage one or more qualified successful bidder(s) for the purchase of supplies and/or services based on a fix price, in accordance with the specifications listed herein. It is understood that there may be additions or deletions to the lists specified herein during the life of the contract as dictated by KUA’s service protocols.

2. General Conditions

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

2.1. Prices and Payment

2.1.1. 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.

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

3. Governing Law, Jurisdiction and Venue

This Contract Agreement, and all matters arising directly or indirectly from this Contract 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 Contract Agreement, each of the parties to this Contract Agreement consents to the exclusive jurisdiction and venue of the state and federal courts sitting in, or having principal jurisdiction over, Osceola County, Florida.

4. Hindrances and Delays

The Contractor acknowledges that time is of the essence in this Solicitation and expressly agrees that in undertaking to deliver the commodities, product, materials and/or equipment sought in this Solicitation the Contractor has made allowances for all hindrances and delays which might usually be expected to occur in performing the work. No claims shall be made by the Contractor or the Contractor’s

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subcontractors for such hindrances and delays. Any dispute arising between any bidder, successful or unsuccessful, shall be settled at the cost of the agency or bidder involved in the dis

4.1. If the Contractor or the Contractor’s subcontractors experiences hindrances and delays which, in the Contractor’s opinion, are not usually to be expected in the delivery of the commodities, product, materials and/or equipment, and which affect the date of delivery, the Contractor may request a change in the Contract Agreement.