CALL FOR BIDS

Florida Keys Electric Cooperative Association, Inc. (FKEC), hereby gives notice to prospective bidders that proposals will be received by FKEC, at the Procurement Department, procurement@fkec.com until 2:00 p.m. on April 22, 2026 for:

FKEC BID #26-07

SPECIFICATIONS FOR SELF-SUPPORTING POLES UPGRADE, UTILITY PROTECTIVE MEASURES, PHASE 2 CONSTRUCTION

In order to ensure an open and full competitive bidding process and maintain compliance with FEMA’s Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules), FKEC has instituted VendorLink and DemandStar systems to provide current information to potential bidders. These systems will allow you to receive bid information quickly and at your convenience 24 hours a day, seven days a week. Specifications may be obtained from their websites at www.myVendorlink.com or www.DemandStar.com. Registered vendors will be notified automatically of all Requests for Proposals.

Anticipated Solicitation Schedule

March 11, 2026 Call for Bid

April 13, 2026 Questions Due

April 22, 2026 Bids Due

May 11, 2026 Intent to Award

May 21, 2026 Notice to Proceed

June 1, 2027 Completion Date

NOTE: The above anticipated solicitation schedule is subject to change. FKEC will entertain questions for clarification until April 13, 2026 at 2:00 pm. All questions must be submitted in writing by email to procurement@fkec.com, or via the VendorLink website. No questions will be answered after that date.

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

/s/ Adam Pierce

Adam Pierce

Purchasing, Procurement, and Warehouse Manager mailto:procurement@fkec.com http://www.demandstar.com/taf/agencycp.taf?_function=list&A=335

FKEC General Information

Florida Keys Electric Cooperative (FKEC) is the private, not-for-profit power utility for the Upper and Middle Florida Keys. Headquartered in Tavernier, Florida, FKEC provides electricity from the Seven-Mile Bridge to Ocean Reef and the Monroe County Line, and services more than 33,000 meters. FKEC presently has an authorized workforce headcount of 119, with an actual headcount of 115. FKEC recognizes the Union as the exclusive collective bargaining agent for all employees of FKEC working in the Union classified positions.

Employees are divided between two work locations: Tavernier and Marathon, and among nine departments:

Executive, Finance, Human Resources, Safety, Engineering, Information Technology, Transmission, Distribution, and Member Services.

The Cooperative was formed as a corporation in the state of Florida in 1940, and in 1944 was recognized by the Internal Revenue Service as being federal income exempt tax under section 101(10) of the Revenue Act of 1939 (now section 501 (c) (12) of the Internal Revenue Code). FKEC currently imports all of its power supply and uses local generation for emergency back-up only. The utility relies on power from the mainland because it is far less expensive than local generation.

Today, FKEC maintains a highly respected position within its local community, and within the National Rural Electric Cooperative Association, for its dedication to reliable electric service and forward thinking initiatives.

FKEC and its representatives have exercised due care in preparing this Request for Proposal (solicitation). All information contained herein is believed to be substantially correct. However, bidders should verify information independently if desired. FKEC and its representatives do not warrant the accuracy of information contained herein.

1. PROJECT DESCRIPTION

Florida Keys Electric Cooperative (FKEC) is seeking proposals to provide hazard mitigation for the replacement of eleven (11) guyed transmission structures with steel self-supported structures and concrete drilled pier foundations. These structures range in location from Key Largo (Card Sound), Florida to Marathon, Florida with four (4) being on land and seven (7) located in the water. They currently support single OPGW or OHGW, single circuit 138 kV transmission, single circuit distribution, neutral, and joint use communication. The successful bidder will provide all necessary labor, material, equipment, tools, and supervision required to complete this project. Bidder will assume total responsibility for materials, delivery, storage, and transportation to/from job sites.

The new self-supported steel pole double dead-ends to replace the existing guyed structures will be framed as vertical double dead-ends. The existing OPGW or OHGW will continue to serve as the shield wire at the pole top, 138 kV toughened glass strain insulators with 138 kV polymer horizontal line posts to control the jumper conductor in the loop; all in a vertical configuration on the pole. Below the transmission will be the existing distribution circuit with polymer strain insulators to also remain in a vertical configuration.

With the replacement of all new self-supporting steel poles; all existing land structures, guys, stub poles, guy anchors, pier anchors, and/or span guys shall be removed. The existing concrete structures, pier anchors, and pile cap located in the water shall be cut off and/or removed so as not to present a navigational hazard.

Construction is deemed to include “Turn-Key” procure and construction (PC) properties.

Existing Structure Information

STRUCTURE STEEL POLE DESIGN INFO FOUNDATION INFO

POLE

PRIORITY

TOTAL

WEIGHT

(LBS)

LENGTH

(FT)

TIP

DIA

(IN)

BASE

DIA (IN)

BOLT

CIR.

DIA (IN)

DRILLED

PIER

DIA (FT)

DRILLED

PIER

LENGTH

(FT)

DRILLED

PIER

REVEAL

(FT)

5 P1 14,290 80 20.0 47.0 57.0 7.0 20.0 1.0 854 P2 16,380 90 23.0 53.0 63.0 8.0 34.0 13.0

1078 P3 16,289 95 19.0 52.0 62.0 8.0 35.0 14.0 1120 P4 15,607 95 18.0 50.0 60.0 8.0 31.0 11.0 1144 P5 12,520 85 16.0 45.0 55.0 7.0 36.0 14.0 1151 P6 12,130 85 15.0 44.0 54.0 7.0 35.0 13.0 1160 P7 12,130 85 15.0 44.0 54.0 7.0 36.0 13.0 1166 P8 12,130 85 15.0 44.0 54.0 7.0 38.0 15.0 1207 P9 13,689 85 19.0 48.0 58.0 7.0 20.0 1.0 1208 P10 14,468 85 21.0 50.0 60.0 8.0 20.0 1.0 1272 P11 15,585 85 25.0 52.0 62.0 8.0 21.0 1.0

Proposed Structure and Foundation Information

2. SCOPE OF WORK

A. This project consists of hot line work and is to be completed with no outages on the 138 kV circuit. Proper OSHA working clearances will need to be maintained during this work. Contractor to cover distribution conductor and coordinate with distribution and joint use for the wire transfer. No energized work or switching can occur on the listed “Switching Blackout Days 2026” (EXHIBIT M).

B. Minimal right-of-way (ROW) clearing will be required to access the new and existing structure locations.

The new structure locations have been positioned to assist construction with transferring phases as well as minimizing additional load being added to the adjacent structures. Refer to drawings PP01-01 to PP01-06 for new structure location in reference to existing.

C. A single concrete drilled pier foundation will be utilized for the new steel monopole double deadend. Refer to dwg FD01-01 for foundation details related to structures located on land and FD02-01 for foundation details related to structures located in the water. Refer to dwg SB01-01 to SB01-07 for soil boring information. Anchor bolt information will be updated on dwg FD01-1 once received from the pole manufacturer.

D. Install new galvanized steel monopole double deadend structure. The weight for these structures is estimated in the Proposed Structure and Foundation Information table on the previous page. This weight will be confirmed upon receipt of the structure manufacturer calculations.

E. Existing wire is to be transferred to new steel pole from existing pole while the line remains energized. This may require temporary work to ensure no outages occur during this transfer. Contractor is to submit their hot line or temporary line work and safety plan as part of their proposal. Due to the radial nature of FKEC’s transmission system and the interconnection with the neighboring system(s), transmission line outages will not be granted, therefore due diligence shall be exercised by the Contractor to minimize any inadvertent trips. Contractor may request FKEC’s assistance to mitigate, to the extent possible, the likelihood of an inadvertent trip. Should however, a trip occur, the Contractor will work diligently with FKEC’s personnel to restore service.

F. The new structure was designed with a shield wire arm at the pole top to allow easier transfer of the existing

OPGW without any additional splicing or fiber outage required. New OPGW hardware to be utilized once transferred. Refer to dwg SF01-01 to SF05-02 for details.

G. This project consists of the following wire types shown below. Refer to dwg SC01-1 for sag and tensions.

a. OPGW

i. (24F) Brugg 59AY27ACS-2C, Dia.= 0.472”, Wt.= 0.296 lbs/ft

b. OHGW (Only Structure #5)

i. 7#8 Alumoweld, Dia.= 0.385”, Wt.= 0.261 lbs/ft

c. 138 kV Conductor –

i. Single 927.2 kcmil Greeley AAAC, Dia.= 1.108”, Wt.= 0.864 lbs/ft

d. 138 kV Conductor (Only Structure #5)

i. Single 1127 kcmil 37-Strand AAAC, Dia.= 1.122”, Wt.= 1.06 lbs/ft

e. Distribution Conductor

i. 336.4 kcmil Tulip AAC, Dia.= 0.665, Wt.= 0.316 lbs/ft

f. Neutral

i. 2/3 Stranded Copper, Dia.= 0.320” Wt.= 0.203 lbs/ft

g. Joint Use

i. 3/8” Messenger, Dia.= 0.375” Wt.= 0.270 lbs/ft ii..144 Fiber, Dia.= 0.670” Wt.= 0.129 lbs/ft

H. Maclean toughened glass insulators (or equivalent) will be used as the 138 kV strain insulator (10 standard & 2 fog per string). Maclean polymer horizontal line posts (or equivalent) are to be used for the jumper loop insulator. Distribution to utilize Maclean 69 kV polymer strain and horizontal line posts. Refer to SF01- 01 to SF05-02 for all material related to new structure framings.

I. Removal of existing square concrete pole on land or cut-off at or above groundline for water locations. The total pole weight is estimated to be roughly 32,000 lbs.

J. Contractor is responsible for removal of existing structures, guys, stub poles, guy anchors, pier anchors, and/or span guys being utilized by the existing structure at each location.

K. Contractor to coordinate any permits or Maintenance of Traffic (MOT) & Florida Department of

Transportation (FDOT) permits for removal and/or install. FKEC currently has the US Army Corps of Engineers (USACE) permit to perform the needed work on Pole 5. FKEC is currently in the process of extending the USACE permit for Pole 5. All poles are Florida Department of Environmental Protection (DEP) exempt. FKEC has applied for USACE permits for Poles 854, 1078, 1120, 1144, 1151, 1160, & 1166 and estimates the permits to be issued around July 2026. Contractor will be responsible to be familiar with and follow all permitting requirements during construction.

3. DRAWING LIST

SELF-SUPPORTING POLE UPGRADE

DWG No

SHEET

No DWG-DESCRIPTION REV

17989-CS01 1 COVER SHEET 0

17989-PP01 1 PLAN & PROFILE 0

17989-PP01 2 PLAN & PROFILE 0

17989-PP01 3 PLAN & PROFILE 0

17989-PP01 4 PLAN & PROFILE 0

17989-PP01 5 PLAN & PROFILE 0

17989-PP01 6 PLAN & PROFILE 0

17989-SL01 1 STAKING SHEET 0

17989-SC01 1 STRINGING CHARTS 0

17989-SC01 2 STRINGING CHARTS 0

17989-SB01 1 SOIL BORINGS 0

17989-SB01 2 SOIL BORINGS 0

17989-SB01 3 SOIL BORINGS 0

17989-SB01 4 SOIL BORINGS 0

17989-SB01 5 SOIL BORINGS 0

17989-SB01 6 SOIL BORINGS 0

17989-SB01 7 SOIL BORINGS 0

17989-FD01 1 FOUNDATION DESIGN & DETAILS - LAND 0

17989-FD02 1 FOUNDATION DESIGN & DETAILS - WATER 0

17989-SF01 1 STRUCTURE FRAMING DETAILS, #5 0

17989-SF02 1 STRUCTURE FRAMING DETAILS, #854 0

17989-SF02 2 STRUCTURE FRAMING DETAILS, #854 0

17989-SF03 1 STR. FRAMING DETAILS, #1078, #1120, #1144, #1151, #1160,

#1166

17989-SF03 2 STR. FRAMING DETAILS, #1078, #1120, #1144, #1151, #1160,

#1166

17989-SF04 1 STRUCTURE FRAMING DETAILS, #1207 0

17989-SF04 2 STRUCTURE FRAMING DETAILS, #1207 0

17989-SF05 1 STRUCTURE FRAMING DETAILS, #1208, #1272 0

17989-SF05 2 STRUCTURE FRAMING DETAILS, #1208, #1272 0

17989-M01 1 BILL OF MATERIAL 0

17989-SD01 1 POLE BID DRAWINGS 0

17989-SD01 2 POLE BID DRAWINGS 0

17989-SD01 3 POLE BID DRAWINGS 0

4. SCHEDULE

SELF-SUPPORTING POLE UPGRADE

ITEM TASK DESCRIPTION START DATE END DATE DURATION

1 RELEASE CONSTRUCTION BID PACKAGE

2 CONSTRUCTION PREBID MEETING

3 CONSTRUCTION BIDS DUE

4 EVALUATE BIDS AND PLACE CONSTRUCTION PO

5 ROW CLEARING AND ACCESS

6 SOIL AND EROSION CONTROL PERMITS

7 LAYDOWN YARD COMPLETION

8 STEEL POLE/ANCHOR BOLT DELIVERY

9 HARDWARE DELIVERY

10 MOBILIZE AND START CONSTRUCTION / MATERIAL

HANDLING

11 INSTALL DRILLED PIER FOUNDATION

12 POLE SPOT AND FRAME

13 INSTALL NEW STEEL POLE AND TRANSFER WIRE

14 REMOVE EXISTING GUYS AND STUB POLES

15 REMOVE EXISTING CONCRETE POLES

16 INSPECTION AND COMMISSIONING

5. ASSUMPTIONS

A. Structure costs in Part 2 below is to include all handling, pole grounding, wire transfer, and hardware as needed for the total structure cost.

B. Drilled pier cost is to be included in Part 3 below. Contractor to list all sub-contractors needed.

C. Cost for removal of existing facilities, such as guys, stub poles, and existing concrete structure shall be included in Part 4 below.

D. Solid Rock is defined as excavation rate less than 1 ft in 60-minute time period. Weathered Rock is defined as excavation rate less than 1 foot in 30-minute time period. Blasting for rock excavation must be approved by Engineering in advance where proposed by the Contractor.

E. The desired completion schedule is very important to FKEC. Contractor should include any weather, rock or other contingencies in their proposal and identify and schedule risk mitigation plans. Please itemize the estimated cost of this requirement in your proposal, if any.

F. The cost for construction access and sediment and erosion control (S&EC) is to be included in Part 1 below.

The construction contractor is responsible for the cost to repair any damage they cause to the roads and erosion control items in a timely manner, so as not to violate any federal or local environmental permits in place.

G. Unit cost items are to be included in Part 5 cost table for as-needed future additions or deducts but are not to be included in the Contractors Total Installed Cost.

H. All material shown on drawing BM01-1 to be supplied by the contractor.

I. Safety is a core moral and ethical principle to the continued success of our respective businesses and as such, the Contractor shall:

a. Do whatever work is necessary for the safety of its employees and sub-Contractors and be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during the project period. This requirement shall apply continuously and not be limited to normal working hours;

b. Do whatever work is necessary for the safety of the FKEC’s employees, its Members and their property. FKEC will have authority to discuss and require additional safety procedures to mitigate and ensure its Members’ safety;

c. Do whatever work is necessary to protect all marine interests from accidental or inadvertent contact with any equipment used in the performance of this Project, including all service vessels, barges, cranes, temporary shoring, etc. This could include the use of day and nighttime markers, beacons, reflective markings, etc. FKEC will have authority to discuss and require additional precautions as it deems necessary to minimize risks to itself.

d. Ensure safety provisions conform to Federal and State Departments of Labor, Occupational Safety and Health Act (OSHA), and other applicable Federal, State, County, and Local Laws, Ordinances, Codes, requirements set forth herein, and regulations that may be specified in other parts of these specifications. Where these are in conflict, the more stringent requirement shall be followed;

e. Develop and maintain for the duration of the project, a safety program that will effectively incorporate and implement required safety provisions. The Contractor must furnish FKEC with a written copy of Contractor’s company Safety Program. Contractor shall appoint a qualified employee who is authorized to supervise and enforce compliance with the safety program;

f. Provide, if required, all Safety and Traffic Control (MOT) equipment and personnel as required by FDOT, City of Marathon, or Monroe County MOT. Personnel are required to be trained in MOT as required. Contractor is to provide copies of certification of MOT training.

g. Understand that the FKEC has a duty to conduct a review of the Contractor’s safety performance, the adequacy of the Contractor’s safety supervisor, safety program, or safety measures taken in, on, or near the site.

J. The Contractor shall supply FKEC with electronic Final As-Built drawings, in AutoCAD version 2024 format compatible, within 45 days of project completion. All documentation created in the performance of this project shall become the sole property of FKEC and for its exclusive use.

K. If the Contractor plans to enter, or enters into, any agreement with a Sub-Contractor for any work to be performed associated with this proposal, each Sub-Contractor must agree, in writing, to the FLORIDA KEYS ELECTRIC COOPERATIVE PROFESSIONAL SERVICE AGREEMENT TERMS & CONDITIONS, Exhibit A. Also, a copy of a current and valid professional license for the Contractor and all Sub-Contractors selected to perform services associated with this proposal, as well as a copy of a current and valid occupational license or business tax receipt for the Contractor and all Sub-Contractors for the type of services to be performed associated with this proposal must be delivered to FKEC within seven (7) days of the execution of said contract.

L. This project will be funded, in part, with federal grant funding (the “Agreement”), administered by the

Florida Division of Emergency Management (“FDEM”). The Agreement is attached as EXHIBIT N and all requirements included within that document are similarly binding on the successful proposer. All bidders are encouraged to carefully review the Agreement prior to submitting proposals. The successful bidder also agrees to cooperation with FKEC in documenting and satisfying all applicable grant conditions. FEMA Project Number 4337-444-R. See Exhibit for the Contract Agreement.

M. All contractor, subcontractor, and/or vendor submitted invoices must be detailed in subsections of

Materials, Labor, and Fees. Each submitted invoice must clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information.

N. FKEC’s normal business hours are from Monday – Thursday, 7:30am – 4:00pm. Any time FKEC personnel are needed, it must occur during normal business hours.

Submittal Requirements

Respondents should submit Proposals meeting all of the requirements within this solicitation electronically to:

procurement@fkec.com, or via DemandStar e-Bidding. Proposals not submitted electronically, and Proposals received after the specified time and date will not be considered. It is the Respondent’s sole responsibility to ensure that FKEC has received its Proposal before the deadline to submit Proposals.

Proposals must be submitted in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements stated below. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. Proposals failing to comply with these submission requirements, or those unresponsive to any part of this solicitation, may be disqualified.

Any proposal may be withdrawn until the date and time set above for the submission of the proposals. Any proposal not so withdrawn shall constitute an irrevocable offer, for a period of 90 days, to provide to FKEC the services set forth in this solicitation, or until one or more of the proposals have been awarded.

Required Information in Submittal

1. Title Page. Show the name of Respondent’s firm, address, telephone number, name of contact person, date and the subject: Request for Proposals for Self-Supporting Poles Upgrade, Phase 2 Construction.

2. Table of Contents. Include a clear identification of the material by selection and by page number.

3. Cover Letter/Executive Summary/Firm Overview. This letter must be signed by an individual who is authorized to negotiate terms, render binding decisions and commit the firm’s resources (e.g., the president or executive director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship). The letter must indicate the legal status of the Contractor (sole proprietorship, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists. Provide a brief history and description of your firm’s business organization and experience as it relates to the requirements discussed previously. Include the location of offices and the number and types of contractors or other relevant professional staff in each office. Include a discussion of the specific expertise and services that distinguish your firm.

4. References. The Contractor shall provide at least three references for whom the Contractor has provided services similar to those requested under this Call for Bids within the past five years. The references shall include names, addresses, and telephone numbers of the clients for whom prior work was performed and include an explanation of the services provided.

5. Proposed Work Plan. Include all project requirements and the proposed tasks, services, activities, etc.

necessary to accomplish the scope of the project defined in this solicitation. This section of the proposal shall contain sufficient detail to convey to members of the evaluation team the Contractor’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of FKEC staff. The Contractor may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation. The description should include the staffing required and an estimated number of hours required to complete the scope of work. Include a Safety Plan.

6. Project Schedule. Include a project schedule indicating when the elements of the work will be completed and when deliverables will be provided. The schedule shall include an opportunity for review of draft documents, if necessary. The schedule should identify expectations of FKEC staff necessary to meet this deadline. FKEC will not be financially responsible for delays prior to the submitted schedule nor delays past the provided schedule completion date.

7. Deliverables. Fully describe deliverables to be submitted under the proposed contract.

8. Cost Proposal. The cost proposal shall identify all costs including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. Submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract, using Attachment A. Include a copy of the firms Travel Policy. The evaluation process is designed to award this contract not necessarily to the Contractor of least cost, but rather to the Contractor whose proposal best meets the requirements of this solicitation.

9. Personnel. Provide the names, proposed roles, background and experience, current professional licenses, office location and availability of the personnel that would perform contracting services, and specifically identify the primary person(s) who will be responsible for managing the relationship with

FKEC.

Required Forms with Submittal

1. Bid Guarantee Bond. There must be a bid bond on the part of the contractor for five percent (5%) of the “not to exceed” bid price.

2. Certification Regarding Debarment, Suspension and Other Responsibility Matters. The Respondent should execute the form found in Attachment B to this solicitation.

3. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements. The Respondent should execute the form found in Attachment C to this solicitation.

4. Bidder’s Statement, included as Attachment D to this solicitation.

5. Drug-Free Workplace Statement, included as Attachment E to this solicitation.

6. Sworn Statement Pursuant to Section 287.133(3)(A), Florida Statutes, on Public Entity Crimes – Attachment F.

Addenda, and Supplemental Information

Any and all addenda to the solicitation will be provided to all Proposers who received the initial solicitation and provided contact information to FKEC, should it become necessary for FKEC to make revisions, request additional information, or respond to written inquiries relating to the solicitation. It is the responsibility of potential proposers to timely submit contact information to facilitate receipt of addenda and supplemental information requests, if issued. Respondents are urged to visit the site/sites where the work will be performed before submitting a proposal to conduct due diligence. If a site visit is not contemplated in the anticipated solicitation schedule, the Respondent may request to schedule site visits via email to procurement@fkec.com.

Any respondent submitting a proposal in response to this solicitation will be deemed to have performed its due diligence on the work requested, including that respondent has received, read, and understood any addenda to the solicitation.

Review of Proposal

FKEC’s designated selection committee will review responses to the solicitation. Selections will be based on completeness of proposals and on which proposals best meet the requirements of this solicitation. FKEC reserves the right to reject any or all proposals, to waive irregularities and informalities in any or all proposals, and to separately accept or reject any item, items, bid schedule or bid schedules of the proposal which FKEC deems to be in the best interest of FKEC. FKEC reserves its right to award the contract to other than the lowest priced offeror.

Evaluation Criteria

A Selection Committee appointed by FKEC will evaluate and rank each Proposal per the evaluation criteria listed below. Proposals will be evaluated on the basis of the following criteria:

Work Plan 15

Qualifications of the Firm and Staff 30

Relevant Past Performance 15

Cost Proposal 40

TOTAL 100

Resulting Contract

If a contract is awarded, the selected bidder will be notified of by issuance of a form substantially similar to Attachment G. Bidders will comply with all applicable Federal laws, regulations, executive orders, and FEMA requirements. Bidders should be advised that the selected bidder must execute a Firm Fixed Price agreement with FKEC. The resulting contract must include the contract provisions required by 2 C.F.R. § 200.327 and FEMA guidance. For more information on these provisions visit https://www.fema.gov/media-library-data/1569959119092-92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf.

While FKEC anticipates awarding one contract, FKEC reserves the right to award contracts to more than one respondent if it is in the best interests of FKEC. Nonetheless, the issuance of this solicitation does not obligate FKEC to award a contract. FKEC reserves the right, and has absolute and sole discretion, to cancel this solicitation at any time prior to execution of a contract.

Subcontracting

If Contractor intends to subcontract any portion of the work under the awarded contract, Contractor must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms1 are solicited and used when possible. Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

1 A list of labor surplus areas is available on the U.S. Department of Labor’s website at https://www.doleta.gov/programs/lsa.cfm.

https://www.fema.gov/media-library-data/1569959119092-92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf https://www.fema.gov/media-library-data/1569959119092-92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf

Miscellaneous

Any costs incurred by Respondents in responding to this solicitation are the sole responsibility of the Respondent. FKEC assumes no responsibility for any such costs incurred by the Respondent. The Respondent also agrees that FKEC bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

All materials submitted in response to this solicitation become the property of FKEC. FKEC has the right to use any or all ideas presented in any response to this solicitation, whether amended or not, and selection or rejection of a proposal does not affect this right. No variances to this provision shall be accepted.

ATTACHMENT A BID FORM

FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC.

FKEC BID #26-07

SPECIFICATIONS FOR SELF-SUPPORTING POLES UPGRADE, UTILITY PROTECTIVE MEASURES, PHASE 2 CONSTRUCTION

The undersigned proposes to provide labor, tools, supervision, equipment, and services required for the proper completion of: FKEC BID # 26-07 SELF-SUPPORTING POLES UPGRADE, UTILITY PROTECTIVE MEASURES, PHASE 2 CONSTRUCTION cost proposed contract price of:

Part 1 - ROW Clearing/S&EC Unit Price

Description

Labor

Contractor Furnished Material

Labor

Material

Extended

Price

Right of Way Clearing

Sediment & Erosion Control

Part 2 – Structure Cost Unit Price

Structure Number

Structure Description

Length

(ft)

Embed.

(ft)

Furnished Material

Labor

5 New Steel Deadend - Land 80 -

854 New Steel Deadend - Water 90 -

1078 New Steel Deadend - Water 95 -

1120 New Steel Deadend - Water 95 -

1144 New Steel Deadend - Water 85 -

1151 New Steel Deadend - Water 85 -

1160 New Steel Deadend - Water 85 -

1166 New Steel Deadend - Water 85 -

1207 New Steel Deadend - Land 85 -

1208 New Steel Deadend - Land 85 -

1272 New Steel Deadend - Land 85 -

FKEC BID #26-07

SPECIFICATIONS FOR SELF-SUPPORTING POLES UPGRADE, UTILITY PROTECTIVE MEASURES, PHASE 2 CONSTRUCTION

(PAGE 2)

Part 3 - Foundation Cost Unit Price

Furnished Material

Labor &

5 Drilled Pier (Dwg FD01-1)

854 Drilled Pier (Dwg FD02-1)

1078 Drilled Pier (Dwg FD02-1)

1120 Drilled Pier (Dwg FD02-1)

1144 Drilled Pier (Dwg FD02-1)

1151 Drilled Pier (Dwg FD02-1)

1160 Drilled Pier (Dwg FD02-1)

1166 Drilled Pier (Dwg FD02-1)

1207 Drilled Pier (Dwg FD01-1)

1208 Drilled Pier (Dwg FD01-1)

1272 Drilled Pier (Dwg FD01-1)

Part 4 - Removal of Facilities Unit Price

Furnished Material

Labor

5 Existing Concrete Pole/Guy Stubs/Guys

854 Existing Steel Pole/Pile Cap/Guy Stubs/Guys

1078 Existing Concrete Pole/Guy Stubs/Guys

1120 Existing Concrete Pole/Guy Stubs/Guys

1144 Existing Concrete Pole/Guy Stubs/Guys

1151 Existing Concrete Pole/Guy Stubs/Guys

1160 Existing Concrete Pole/Guy Stubs/Guys

1166 Existing Concrete Pole/Guy Stubs/Guys

1207 Existing Concrete Pole/Guys

1208 Existing Concrete Pole/Guys

1272 Existing Concrete Pole/Guys

FKEC BID #26-07

SPECIFICATIONS FOR SELF-SUPPORTING POLES UPGRADE, UTILITY PROTECTIVE MEASURES, PHASE 2 CONSTRUCTION

(PAGE 3)

Part 5 – Misc. Deduct & Adder Units Unit Price

No.

of

Units

Furnished Material

Labor

Concrete Installed Adder 1 yd

Concrete Deduct 1 yd

Solid Rock Removed 1 yd

Weathered Rock Removed 1 yd

Transmission Line Construction Bid Totals

Description Unit Table Contractor Bid Price, $

ROW Clearing/S&EC Part 1

Structure Cost Part 2

Foundation Cost Part 3

Removal of Facilities Part 4

Mob and De-Mob and other itemized costs as needed

Part 5

Total Not to Exceed Bid Cost:

ATTEST:

Address

By_________________________________ By_______________________________

President (signature) Secretary (signature)

President (print name) Secretary (print name)

Dated_____________________________ Dated_____________________________

The Proposal must be signed with the full name of the Bidder. If the Bidder is a partnership, the Proposal must be signed in the partnership name by a partner. If the Bidder is a corporation, the Proposal must be signed in the corporate name by a duly authorized officer and the corporate seal affixed and attested by the Secretary of the Corporation.

ATTACHMENT B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the CONTRACTOR (referred to herein as the “prospective lower tier participant”) is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non- Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

CONTRACTOR Company Name RFP Number

Name

Title

Signature Date

ATTACHMENT C

CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

INSTRUCTIONS FOR CERTIFICATION

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CONTRACTOR certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, CONTRACTOR understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

CONTRACTOR Name

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official Date

ATTACHMENT D

BIDDER’S STATEMENT

In consideration of this contract, if awarded, the Vendor agrees without reservation to FKEC’s Terms & Conditions (Exhibit

A), Indemnification Clause, and insurance clause herein. Which will become a part of the contract, the signing of this statement confirms the Vendor’s acceptance.

DATE:

FIRM NAME: EMAIL: _______________________

SUBMITTED BY:

Print Name & Title

SIGNATURE:

WITNESS:

NOTICE: THIS SIGNATURE PERTAINS TO THE ACKNOWLEDGEMENT AND ACCEPTANCE OF THE ENTIRE TERMS &

CONDITIONS. ANY EXCEPTIONS TO THIS AGREEMENT SHOULD BE NOTED SEPARATELY.

FAILURE TO COMPLETE ABOVE NOTED DOCUMENT WILL RESULT IN NON-COMPLIANCE WITH THESE SPECIFICATIONS.

ATTACHMENT E

DRUG-FREE WORKPLACE STATEMENT

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

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

_________________ ___________________does:

(Name of Business)

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

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

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

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

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

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

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

Print Name______________________________

Vendor's Signature________________________

Date: __________________________________

ATTACHMENT F

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

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

TO ADMINISTER OATHS.

1. This sworn statement is submitted to Florida Keys Electric Cooperative Association, Inc.

by____________________________________________________________________

(print individual’s name and title) for____________________________________________________________________

(print name of entity submitting sworn statement) whose business address is_________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is _____________

If the entity has no FEIN, include the Social Security Number of the individual signing sworn statement:________________________________________________________

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

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

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

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

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

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

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

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

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

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

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

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

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDE IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

(Signature) (Date)

STATE OF _________________________

COUNTY OF ________________________

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

NOTARY PUBLIC

My Commission Expires:

FOR-094 Revised: 3/5/2019

ATTACHMENT G

PROPOSAL ACCEPTANCE

Florida Keys Electric Cooperative Association, Inc. (FKEC) hereby accepts the foregoing Proposal of the Bidder, for the performance of the following:

FKEC BID #26-07

SPECIFICATIONS FOR SELF-SUPPORTING POLES UPGRADE, UTILITY PROTECTIVE MEASURES, PHASE 2 CONSTRUCTION

Transmission Line Construction Bid Totals

Description Unit Table Contractor Bid Price, $

ROW Clearing/S&EC Part 1

Structure Cost Part 2

Foundation Cost Part 3

Removal of Facilities Part 4

Mob and De-Mob and other itemized costs as needed

Part 5

Total Not to Exceed Bid Cost:

Florida Keys Electric Cooperative Association, Inc.

By __________________________________

CEO

Scott Newberry

91630 Overseas Hwy

Tavernier, FL 33070

Date of Contract __________________