26-61 RFQ Electrical Continuing Design-Build Services

Fort Pierce Utilities Authority (FPUA)
REQUEST FOR QUALIFICATION
STATEMENT
and
FIRM ACKNOWLEDGMENT FORM
For inquiries and submittals, contact:
RETURN TO: Purchasing Program Manager
Nancy J. Palka
Fort Pierce Utilities Authority
PurchasingManager@fpua.com
(772) 466-1600 x3272
DELIVER/MAIL TO: 206 South 6th Street
Fort Pierce, FL 34950
RFQ No.: 26-61
Pre-Qualification Conference Date:
N/A RFQ Title:
Electrical - Continuing Design-Build Services
Pre-Qualification Conference Location: R F Q R e ceipt Event:
N/A Friday, October 16, 2026 @ 1:30 PM EST
Qualification Statement Opening shall ONLY be conducted via
a www.zoom.us Meeting.
RFQ Due Date & Time: To request accommodation for disability to participate in this
procurement, please contact the Human Resources Director and
Friday, October 16, 2026 @ 1:00 PM EST
Risk Manager Colleen Thurston at CThurston@FPUA.com.
Firm Name: I hereby certify that this qualification statement is made without
prior understanding, agreement, or connection with any
______________________________________ corporation, firm, or person submitting a qualification statement
for the same materials, supplies or equipment, and is in all respects
Mailing Address:
fair and without collusion or fraud. I agree to abide by all
conditions of this RFQ and certify that I am authorized to sign this
______________________________________
Form.
_____________________________________
X________________________________________
Authorized Signature (Ink)
Phone Number: Typed or Printed Name:
Fax Number: Title:
E-Mail Address:
If returning as a "No Qualification Statement," please state
reason: _____________________________________
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Table of Contents
Table of Contents .................................................................................................................... 2
SECTION I - GENERAL CONDITIONS AND INSTRUCTIONS TO FIRMS .............................................. 4
1. INTRODUCTION AND GENERAL SCOPE OF WORK ............................................................... 4
2. GENERAL INFORMATION ..................................................................................................... 4
3. DEFINITIONS ......................................................................................................................... 4
4. REGISTRATION, REVIEW OF RFQ, ADDENDA AND INTERPRETATIONS ................................ 5
5. REGISTRATION WITH THE FLORIDA DEPARTMENT OF STATE ............................................. 5
6. PAYMENT, REIMBURSEMENT, TAXES AND GOVERNMENTAL RESTRICTIONS ..................... 5
7. CONE OF SILENCE, PROHIBITION OF CONTACT AND CONTACT INFORMATION ................. 6
8. FIRMS OBLIGATION .............................................................................................................. 6
9. FPUA RIGHT TO DELAY, REJECT AND WAIVE IRREGULARITIES ............................................ 6
10. CONTRACT (FORMAL) AWARD AND EXECUTION ................................................................ 6
11. INSURANCE REQUIREMENTS ............................................................................................... 7
12. ETHICS AND CONFLICT OF INTEREST ................................................................................... 9
13. SITE INSPECTION .................................................................................................................. 9
14. BUSINESS TAX RECEIPT/OCCUPATIONAL LICENSE ............................................................. 10
15. W-9 TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION FORM ........................... 10
16. MINORITY/WOMEN OWNED BUSINESS ENTERPRISE ("MWBE") ...................................... 10
17. EQUAL EMPLOYMENT OPPORTUNITY ("EEO") STATEMENT ............................................. 10
18. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT ("OSHA") ....................... 10
19. INDEMNIFICATION FOR LIABILITY - PATENTS AND ROYALTIES ......................................... 10
20. ADVERTISING AND USE OF FPUA LOGO OR SEAL PROHIBITED ......................................... 11
21. DISQUALIFICATION OF FIRM FOR COLLUSION .................................................................. 11
22. REORGANIZATION OF FIRM ............................................................................................... 11
23. COOPERATIVE PURCHASING .............................................................................................. 11
24. CERTIFICATION AND DISQUALIFICATION FOR PUBLIC ENTITY CRIMES ............................. 11
25. CERTIFICATION OF DISCRIMINATORY VENDORS & SCRUTINIZED COMPANIES LISTS ....... 12
26. PROHIBITION AGAINST CONSIDERATION OF CERTAIN INTERESTS .................................... 12
27. NON-COLLUSION CERTIFICATION ...................................................................................... 12
28. E-VERIFY REQUIRED ........................................................................................................... 12
29. CERTIFICATION OF COMPLIANCE OF LAWS ....................................................................... 13
30. TRADE SECRET AND CONFIDENTIAL MATERIAL ................................................................. 13
31. GOVERNING LAW AND VENUE .......................................................................................... 13
32. PROHIBITION AGAINST CONTINGENCY FEES ..................................................................... 13
33. PROHIBITION AGAINST FILING OR MAINTAINING LIENS AND SUITS................................. 14
34. ANTI HUMAN TRAFFICKING AFFIDAVIT ............................................................................. 14
35. CONTRACTING WITH FOREIGN ENTITIES AFFIDAVIT - PII ACCESS .................................... 14
36. NO ADDITIONAL TERMS AND CONDITIONS ....................................................................... 14
37. FAILURE TO COMPLY WITH TERMS AND CONDITIONS ..................................................... 14
38. NO QUALIFICATION STATEMENT ....................................................................................... 14
39. QUALIFICATION STATEMENT PREPARATION COSTS ......................................................... 14
40. QUALIFICATION STATEMENT RECEIPT EVENT ................................................................... 14
41. MODIFICATION AND WITHDRAWAL OF QUALIFICATION STATEMENTS ........................... 15
42. ADMINISTRATIVE REVIEW BASED ON PASS/FAIL CRITERIA ............................................... 15
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43. EVALUATION CRITERIA/LOCAL VENDOR PREFERENCE ...................................................... 15
44. THE SELECTION COMMITTEE ............................................................................................. 16
45. SHORT LIST AND/OR PRESENTATIONS ............................................................................... 16
46. CONTRACT AWARD(S) AND EXECUTION ............................................................................ 17
47. CONTINUING CONTRACT TERM AND RENEWAL ............................................................... 17
48. SPECIFIC AUTHORIZATIONS ............................................................................................... 17
49. COMPLIANCE WITH LAW ................................................................................................... 17
50. ASSIGNMENT AND SUBCONTRACTING .............................................................................. 18
51. SUBMITTAL REQUIREMENTS ............................................................................................. 18
52. SUBMITTAL FORMAT ......................................................................................................... 18
53. DETAIL REGARDING REQUIRED SUBMITTAL FORMS AND OTHER DOCUMENTS .............. 19
TAB 1 - Firm Acknowledgment Form / Cover Page .............................................................. 19
TAB 2 - Letter of Interest, Acknowledgment of Addenda, Checklist ................................... 19
TAB 3 - Firm Information, Licensure, and Office Location ................................................... 19
TAB 4 - Insurance and Bonding Capacity ............................................................................. 20
TAB 5 - Required Affidavits and Certifications ..................................................................... 20
TAB 6 - Design-Build Experience and References ................................................................ 21
TAB 7 - Key Personnel, Project Team, Workload, and Team Organization ........................ 21
TAB 8 - Project Understanding, Technical Approach, and Responsiveness to Continuing Assignments
............................................................................................................................................... 22
TAB 9 - Local Vendor Preference - Vendor Proximity ......................................................... 23
54. NOTICE OF INTENT TO AWARD .......................................................................................... 23
55. CCNA COMPLIANCE............................................................................................................ 23
56. PAYMENT AND PERFORMANCE BOND .............................................................................. 24
57. BID DISPUTES AND PROTEST.............................................................................................. 24
SECTION II - SCOPE OF WORK ...................................................................................................... 25
SECTION III - FORMS ..................................................................................................................... 29
ACKNOWLEDGMENT OF ADDENDA ...................................................................................... 30
TITLE PAGE ............................................................................................................................ 31
IRS FORM W-9 - TAXPAYER ID NUMBER AND CERTIFICATION ............................................ 32
QUALIFICATIONS SUBMITTAL CHECKLIST ............................................................................. 33
AFFIDAVITS ............................................................................................................................ 34
MINORITY BUSINESS ENTERPRISE (MBE) CERTIFICATION .................................................... 36
CERTIFICATION STATEMENT - LOCAL VENDOR PREFERENCE .............................................. 37
EXTERIOR PACKAGE LABEL .................................................................................................... 38
STANDARD FORM 330 .......................................................................................................... 39
EXHIBIT A - FPUA Electric Service Area Map ........................................................................ 40
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SECTION I - GENERAL CONDITIONS AND INSTRUCTIONS TO FIRMS
1. INTRODUCTION AND GENERAL SCOPE OF WORK
Fort Pierce Utilities Authority ("FPUA") is soliciting Qualification Statements from qualified design-build
firms to provide integrated design and construction services for electric utility system and related
infrastructure projects. This solicitation is intended to identify firms capable of furnishing both
professional design services and construction services under a single point of responsibility. This
solicitation is issued pursuant to applicable provisions of Section 287.055, Florida Statutes, governing
procurement of design-build services.
FPUA seeks to establish a pool of qualified Design-Build Firms to undertake utility and related
infrastructure projects as outlined in this solicitation. FPUA may assign project(s) to one or more selected
Design-Build Firms on an as-needed basis through Specific Authorization, work order, amendment, or
other written authorization issued by FPUA. The selected Design-Build Firm will be responsible for
completing assigned projects, which may include new construction, rehabilitation, renewal and
replacement, repairs, upgrades, emergency work, and other miscellaneous utility or facility
improvement projects.
The estimated construction cost for each individual project assigned under any resulting continuing
contract shall be less than the limit established for continuing contracts under Section 287.055, Florida
Statutes, as amended from time to time.
The Scope of Work for this RFQ is included in the solicitation package and defines the categories of
design-build services for which FPUA is seeking qualifications. Firms may be selected for one or more
categories based on demonstrated qualifications, team structure, licensure, bonding capacity, safety
history, and ability to deliver integrated design and construction services. Selection under this RFQ does
not guarantee assignment of work. FPUA reserves the right to negotiate with any qualified firm for any
project, subject to applicable law.
FPUA intends to enter into one or more master continuing design-build agreements with selected firms,
and project-specific work will be assigned later through Specific Authorizations or related amendments.
2. GENERAL INFORMATION
This solicitation package is the complete set of specification requirements, scope of work, and forms.
The Qualification Statement and all attachments must be executed and submitted in a sealed envelope
by the RFQ Due Date and Time stated on the Firm Acknowledgement Form. By submitting a
Qualification Statement, the Firm agrees to be subject to all terms and conditions specified herein.
3. DEFINITIONS
TERM DEFINITION
May Indicates something that is not mandatory but permissible.
Shall/Must/Will Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the
rejection of a proposal as non-responsive.
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Should Indicates something that is recommended but not mandatory. If the Proposer fails to provide
recommended information, FPUA may, at its sole discretion, ask the Proposer to provide the
information or evaluate the proposal without the information.
4. REGISTRATION, REVIEW OF RFQ, ADDENDA AND INTERPRETATIONS
To register, Firms must email PurchasingManager@fpua.com with the contact's name, email address (if
not the person sending), telephone number, full company name, and mailing address, referencing the
RFQ number. FPUA shall not be responsible for providing addenda to Firms who fail to register or
confirm.
All Firms shall carefully examine the RFQ Documents. Any questions regarding this RFQ shall be
submitted in writing via e-mail to the Purchasing Manager at PurchasingManager@fpua.com. A list of all
questions received by FPUA and subsequent FPUA answers shall be distributed to all Proposers and shall
also be posted to www.DemandStar.com.
No person is authorized to give oral interpretations of, or make oral changes to, the RFQ Documents.
Oral statements given before the Qualification Statement opening shall not be binding.
Any interpretation of, or changes to the RFQ Documents will be made in the form of a written addendum
and posted on DemandStar. Receipt of all addenda must be acknowledged by Firms by signing and
enclosing said addenda with their Qualification Statement. Previous addenda are deemed received when
a subsequent addendum is acknowledged.
5. REGISTRATION WITH THE FLORIDA DEPARTMENT OF STATE
In accordance with Sec. 607.0505, FLA. STAT., each corporation, foreign corporation, or alien business
organization that transacts business in this state shall have and continuously maintain in this state a
registered office and a registered agent and shall file with the Department of State. If required by Florida
Law, Firm shall be registered with the Florida Department of State, Division of Corporations Division of
Corporations - Florida Department of State.
Proposer shall supply a copy of their company's State of Florida Annual Report.
6. PAYMENT, REIMBURSEMENT, TAXES AND GOVERNMENTAL RESTRICTIONS
FPUA is exempt from Federal Excise and State/local sales taxes on direct purchases of tangible property.
Vendors remain responsible for paying sales tax to their suppliers for materials used to fulfill contractual
obligations with FPUA. If governmental restrictions necessitate alteration of material quality,
workmanship, or performance prior to delivery, the Firm must notify FPUA immediately, identifying the
specific regulation and any price adjustments. FPUA reserves the right to accept such alteration or cancel
the contract without expense.
FPUA will not provide separate reimbursement for incidental or indirect costs associated with services
under this RFQ. All anticipated expenses, including travel, printing, delivery, communication, and other
project-related costs, must be incorporated into the unit rates or line items submitted for each Specific
Authorization (task) of the scope of work requested.
Separate line items for reimbursables will not be accepted and will not be paid.
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FPUA seeks to maintain fiscal discipline and transparency in its contracting practices. Proposals should
reflect a comprehensive understanding of the work required, with all costs clearly and fully represented
in the applicable line items. During CCNA fee negotiations, FPUA may request transparency of
assumptions.
7. CONE OF SILENCE, PROHIBITION OF CONTACT AND CONTACT INFORMATION
Firm may not contact any employee, Board Member, director or official other than the Purchasing
Program Manager regarding this solicitation at any time prior to the FORMAL AWARD. Prohibited contact
shall be cause for rejection of your submittal. Communication must be emailed to:
*Include the RFQ number in the subject line.
Purchasing Program Manager
PurchasingManager@fpua.com
All other communication (written or oral) with FPUA employees, consultants, committee members,
or Board Members regarding this RFQ is prohibited, except as expressly permitted under FPUA's
Protest Rule.
The FPUA Purchasing Program Manager may contact a proposer for the purpose of obtaining additional
information relevant to the RFQ.
8. FIRMS OBLIGATION
Firms are expected to examine the specifications, Scope of Work, delivery requirements, and all
instructions pertaining to this RFQ. Failure to do so shall not relieve the Firm of its obligations under
any resulting contract. The successful Firm shall not be relieved of its obligation to furnish all material,
equipment, labor, and services necessary to carry out the provisions of the Contract and to complete the
contemplated Work as proposed in its Qualification Statement and negotiated agreement regardless of
whether it has investigated such conditions in advance.
The Firm warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the Firm to solicit or secure this agreement and that the firm has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the Firm any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this agreement. For the breach or violation of
this provision, the agency shall have the right to terminate the agreement without liability and, at its
discretion, to deduct from the contract price, or otherwise recover the full amount of such fee,
commission, percentage, gift, or consideration.
9. FPUA RIGHT TO DELAY, REJECT AND WAIVE IRREGULARITIES
FPUA reserves the right to reject any or all Qualification Statements, waive minor irregularities, request
clarifications, or re-advertise this solicitation. FPUA, at its sole discretion, may delay scheduled due dates
if it is to FPUA's advantage to do so. Notification of any changes in scheduled due dates will be provided
by written addendum through DemandStar.
10. CONTRACT (FORMAL) AWARD AND EXECUTION
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FPUA shall only award to the Firm(s) deemed most qualified, consistent with the requirements of the
CCNA. The successful Firm will contract with FPUA which will incorporate the RFQ Documents, the Firm's
Qualification Statement, and any negotiated terms.
11. INSURANCE REQUIREMENTS
The awarded Firm(s) shall maintain insurance coverage appropriate for design-build firms and shall
provide Certificates of Insurance evidencing such coverage in accordance with the requirements of the
executed design-build services agreement. Any misrepresentation of material facts regarding insurance
coverage, policies, or capabilities-whether intentional or inadvertent-shall constitute grounds for
rejection of the Qualification Statement and rescission of any ensuing contract.
Firm shall, at its own expense, procure and maintain throughout the term of this Agreement, with
insurers acceptable to FPUA, the types and amounts of insurance conforming to the minimum
requirements set forth herein.
Workers' Compensation/Employers' Liability - Such insurance shall be no more restrictive than that
provided by the Florida Workers Compensation Act. In addition to coverage for the Florida Workers'
Compensation Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act
and any other applicable Federal or State law. The Workers' Compensation policy must be endorsed to
waive the insurer's right to subrogate against FPUA (and if required the project engineer) and its board
members, officials, officers, agents and employees.
The minimum limits (inclusive of any amount provided by an umbrella or excess policy) shall be:
Part One: "Statutory"
Part Two: $1,000,000 (Each Accident)
$1,000,000 (Disease-Each Employee)
$1,000,000 (Disease-Policy Limit)
Commercial General Liability - The limits are to be applicable only to work performed under the Contract
and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance
(Designated Project or Premises) endorsement (ISO Form CG 25 03) to a Commercial General Liability
policy. FPUA (and if required the project engineer) and its board members, officials, officers, agents and
employees shall be included as "Additional Insureds" on a form no more restrictive than ISO Form CG 20
10 (Additional Insured - Owners, Lessees, or Contractors).
The minimum limits (inclusive of any amount provided by an umbrella or excess policy) shall be:
Each Occurrence $1,000,000
Personal and Advertising Injury $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Medical Expense (any one person) $Nil
Damage to Rented Premises (ea. occurrence) $Nil
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Firm shall continue to maintain products/completed operations coverage in the amounts stated above
for a period of three years after the final completion of the Work. The insurance shall be on a form no
more restrictive than, and shall cover those sources of liability which would be covered by Coverage A
of, the latest occurrence form edition of the Commercial General Liability Coverage Form (ISO Form CG
00 01), or of the occurrence Products/Completed Operations Liability Coverage Form (ISO Form CG 00
37), as filed for use in the State of Florida by ISO, without restrictive endorsements other than mandatory
endorsements under an ISO filing.
Automobile Liability - Such insurance shall be no more restrictive than that provided by FPUA of the
latest occurrence edition of the standard Business Auto Coverage (ISO Form CA 00 01) as filed for use in
the State of Florida by ISO without restrictive endorsements other than mandatory endorsements under
an ISO filing. Coverage shall include all owned, non-owned and hired autos used in connection with this
Contract.
The minimum limits (inclusive of any amount provided by an umbrella or excess policy) shall be:
Each Occurrence Bodily Injury and
Property Damage Liability Combined $1,000,000
Property Insurance - If the Contract includes construction of or additions to above-ground buildings or
structures, or installation of machinery or equipment, the Contractor shall provide Builder's Risk
insurance or an Installation Floater. Such insurance shall be provided on an all risk basis. The minimum
amount of insurance shall be 100% of the installed replacement value of the installation.
Professional Liability - Such insurance shall be on a form acceptable to FPUA and shall cover the Firm for
those sources of liability arising out of the rendering or failure to render professional services in the
performance of the services required in the agreement. Coverage must either be on an occurrence basis;
or, if on a claim made basis, the coverage must respond to all claims reported within three (3) years
following the period for which coverage is required and which would have been covered had the
coverage been on an occurrence basis.
The minimum limits (inclusive of any amount provided by an umbrella or excess policy) shall be:
Each Claim/Occurrence $2,000,000
Annual Aggregate $2,000,000
Miscellaneous Provisions - The insurance provided by Firm shall apply on a primary and non-contributory
basis to any insurance or self-insurance maintained by FPUA. Any insurance, or self-insurance,
maintained by FPUA shall be excess of the insurance provided by Firm.
The insurance maintained by Firm shall apply on a first dollar basis without application of a deductible
or self-insured retention. Under limited circumstances, FPUA may permit the application of a deductible
or permit Firm to self-insure, in whole or in part, one or more of the insurance coverages required by
this Agreement. In such instances, Firm shall pay on behalf of FPUA or FPUA's board members, officials,
officers and employees any deductible or self-insured retention applicable to a claim.
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Compliance with these insurance requirements shall not limit the liability of Firm or the remedies
available to FPUA. If Firm obtains insurance with higher limits than the requirements herein, those
higher limits shall apply.
Evidence of Insurance - Firm shall not commence work until the required insurance is in force and
evidence of insurance acceptable to FPUA has been provided and approved by FPUA. An appropriate
Certificate of Insurance (identifying the project) signed by an authorized representative of the
insurer(s), with copies of the actual additional insured endorsement and notice of cancellation
endorsement as issued on the policies, shall be satisfactory evidence of insurance. With respect to
Property Insurance, Firm shall provide a Certificate of Property Insurance form or other evidence
satisfactory to FPUA.
Until such insurance is no longer required by this Agreement, Firm shall provide FPUA with renewal or
replacement evidence of insurance at least thirty (30) days prior to the expiration or termination of such
insurance. Firm shall, within thirty (30) days of a written request from FPUA, provide FPUA with a
certified copy of the policy or policies providing the coverage required herein. Firm or its agent may
redact or omit provisions of the policy that are not relevant to the insurance required herein.
Policies shall be endorsed to provide FPUA with 30 days' notice of cancellation.
Certificates of Insurance must be completed as follows:
Additional Insured:
Fort Pierce Utilities Authority (and if required the project engineer) and its board members, officials,
officers and employees
Certificate Holder
Fort Pierce Utilities Authority
Attn: Risk Management
PO Box 3191
Fort Pierce FL 34948-3191
Certificates may be emailed to: risk@fpua.com (Rev. 10/2020)
12. ETHICS AND CONFLICT OF INTEREST
The Firm warrants that no employee, agent, contractor, director, or official has interest, direct or
indirect, that would conflict in any manner or degree with the performance of services required under
this RFQ. The Firm shall not employ, during the term of the contract, any person who is currently an
employee of FPUA. If a prior FPUA employee works for the firm, the firm shall disclose that interest to
FPUA upon submittal. The Firm further attests that no member of its ownership, management, or staff
has or shall have any interest, direct or indirect, in any contract with FPUA other than the contract
awarded under this RFQ. Any violation of this provision may result in immediate termination of the
contract and disqualification from future solicitations.
13. SITE INSPECTION
FPUA reserves the right to inspect the Firm's facilities for purposes of verifying professional
qualifications, licensure, staffing, and capacity to perform design-build services prior to award and at any
9

reasonable time during the contract period. Inspections shall occur during normal working hours with
prior notice.
The purpose of such inspection is to confirm that the Firm maintains a bona fide place of business and
demonstrates the professional capability and responsibility required to perform services under a design-
build services agreement. Failure to meet these requirements may be grounds for rejection of the
Qualification Statement or termination of the contract.
14. BUSINESS TAX RECEIPT/OCCUPATIONAL LICENSE
Firms shall provide a copy of a valid Business Tax Receipt or Occupational License from their jurisdiction
with their RFQ submittal, when applicable. When required by law, building contractors must also provide
a copy of their Fort Pierce and/or St. Lucie County Certificate of Competency. Failure to provide required
documentation may result in rejection of the Qualification Statement.
15. W-9 TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION FORM
Each Firm shall submit a completed IRS Form W-9 with its Qualification Statement. The form must
include the Firm's taxpayer identification number and certification, as required by the Internal Revenue
Service. The W-9 form and instructions are available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf . Failure
to provide a properly completed W-9 may delay contract execution or payment under any resulting
agreement.
16. MINORITY/WOMEN OWNED BUSINESS ENTERPRISE ("MWBE")
FPUA encourages participation by MWBE in its procurement process. An MWBE is defined as a business
entity owned and operated by minority group members who are citizens of the United States or lawfully
admitted permanent residents. Eligible groups include Black, Hispanic, Women, Native American,
Asian-Pacific, Asian-Indian, and other recognized categories. MWBE Firms wishing to participate in
FPUA's procurement process may contact the Purchasing Program Manager for information and
assistance.
17. EQUAL EMPLOYMENT OPPORTUNITY ("EEO") STATEMENT
FPUA is committed to assuring equal opportunity in the award and performance of contracts. Firm shall
comply with all applicable federal, state, and local laws prohibiting discrimination on the basis of race,
color, religion, national origin, age, sex, disability, or any other protected category. Any violation of these
requirements may result in termination of the contract and disqualification from future solicitations.
18. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT ("OSHA")
The Firm certifies that all materials, equipment, and services included in its Qualification Statement
comply with applicable OSHA requirements. If awarded a contract, the Firm further certifies that all
materials, equipment, and services delivered will meet OSHA requirements in effect on the date of
delivery. Should any delivered item be found non-compliant, the Firm shall bear all costs necessary to
achieve compliance. Inability or unwillingness to comply may constitute grounds for termination of the
contract for cause.
19. INDEMNIFICATION FOR LIABILITY - PATENTS AND ROYALTIES
The Firm shall defend, indemnify, and hold harmless FPUA, its officers, employees, consultants,
contractors, and Board Members from any liability, costs, attorney's fees, or expenses arising from
claims of infringement related to any copyrighted, patented, or unpatented invention, process, or item
10