138_KV_Oil_Breaker_Replacements_Project_(Addendum_#3_Revision).pdf

GENERAL SOLICITATION DOCUMENT

RFP-2024-010

138 KV OIL BREAKER REPLACEMENTS PROJECT

Gainesville Regional Utilities

301 SE 4th Avenue

Gainesville, FL 32601

RELEASE DATE: November 8, 2023

DEADLINE FOR QUESTIONS: December 1, 2023

RESPONSE DEADLINE: December 12, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/gru https://procurement.opengov.com/portal/gru

Gainesville Regional Utilities

GENERAL SOLICITATION DOCUMENT

138 KV Oil Breaker Replacements Project

1.0 Introduction

2.0 Response Submittals

3.0 Examination of Solicitation Documents & Work Site

4.0 Response Preparation

5.0 Deviations from Specifications

6.0 Distribution of Information

7.0 Solicitation Response

8.0 Modification or Withdrawal of a Response To a Solicitation

9.0 Evaluation Phases

10.0 Public Entity Crimes/Debarment/Suspension/Termination

11.0 Disclosure, Confidentiality

12.0 Lobbying

13.0 Blackout Period

14.0 Collusion

15.0 Small Business Enterprise (SBE)

16.0 Local Preference

17.0 Pandemic Conditions Safety Guidelines

18.0 Technical Specifications/Scope of Work

19.0 General Terms And Conditions

20.0 Supplemental Conditions

Attachments:

A - Contract Sample (GRU)

B - Attachment 1 - Scope of Work

C - Attachment 2 - Technical Specifications - Standards

D - Attachment 3 Drawings and Document SEFNDBKR_902_905

E - Attachment 3 Drawings and Document SPS2-145 Instruction Manual(40kA)

F - Attachment 3 Drawings and Document Substations_627_327_511_711

General Solicitation Document #RFP-2024-010 Title: 138 KV Oil Breaker Replacements Project

G - Attachment 3 Drawings and Documents 1124C58_Outline

H - Attachment 3 Drawings and Document 5615D61_DH602

I - Attachment 3 Drawings and Document 6581593-100_Certified Drawings

J - Attachment 3 Drawings and Document BKR_SPS2_Maint

K - Attachment 3 Drawings and Document DHWDBKR653S1_5

L - Attachment 3 Drawings and Document FCWDBKR802S1_5

M - Attachment 4 - Aerial View - Substations_627_327_511_711

1. Introduction

INSTRUCTIONS

DEFINITION OF TERMS FOR INSTRUCTIONS.

• Addendum/Addenda: Written or graphic document(s) issued prior to the Response due date, which make additions, deletions, or revisions to the solicitation or contract documents.

• Agreement: A written Contract between two or more Parties. “Contract” and “Agreement” are synonymous.

• Best and Final Offer (BAFO): The final proposal submitted after competitive negotiations are completed that contains the Responders most favorable terms.

• Bid: The written response to a Solicitation.

• Due Date: The date the response is due.

• Non–Responsive: A response that does not meet the material requirements of the solicitation.

• Redacted: The censoring of part of a Response.

• Respondent: An individual or business entity that submits a response to a Solicitation.

• Response: A written document submitted by a Respondent in reply to Solicitation.

• Responsive: A response that conforms in all material respects to the requirements set forth in the

Solicitation.

• Solicitation: A written document issued by an agency to obtain information or pricing for goods and/or services. May also be referred to as an Invitation to Bid, Request for Proposal, Request for Quotation, or

Request for Statement of Qualifications.

• Work: Activity involving mental or physical effort done in order to achieve a purpose or result requested in the scope.

1.1. Summary

GRU is working towards replacing all of our existing 138kV oil circuit breakers (OCB) with new 138kV SF6 breakers. GRU currently has 31 OCBs in service and plans to replace 4-6 breakers per year. GRU will provide the new 138kV SF6 (Siemens) breakers for each project. Typical project scope information and drawings have been included as part of this specification. High level, the scope for each breaker replacement will include the following:

• Engineering design

• Procurement of all needed material except the new 138kV SF6 breakers

• Modifying the existing OCB foundations while the breakers are still in service

• Installing/modifying conduits

• Replacement of control cables

• Removal and disposal of the existing 138kV oil circuit breaker and associated mineral oil.

• Install of new 138kV SF6 breaker

• Finalizing all project documentation and drawings associated with the project

GRU also intends to utilize this specification for the replacement of any 138kV SF6 breakers that are in need of replacement.

The Contractor shall furnish all labor, equipment and material (unless indicated provided by GRU), tools, transportation, supervision and any other services necessary to complete the work in accordance with the attached drawings and these specifications.

The Contractor shall not take advantage of any apparent errors and/or omissions discovered in the drawings, but immediately notify the GRU Company Representative of such discovery. Once notified, the

GRU project representative will then make such corrections and interpretations as necessary to reflect the actual spirit and intent of the drawings and specifications.

Deviations from this specification or referenced documents shall not be made without written approval from the GRU contact or his designee.

1.2. Background

Gainesville Regional Utilities (GRU) is a multi service utility company which serves approximately 93,000 customers. The utility offers electric, natural gas, water, waste water and telecommunication services. GRU is governed by a five-member Utility Board, members of which are appointed by the Governor of Florida, and which may prescribe, revise, and collect fees or charges for GRU services and facilities. Since its formation, GRU’s service area has grown through annexations and consolidations. In an effort to provide safe, reliable electric services, GRU is looking for Contractors who provide labor and equipment for electric distribution line clearance, tree trimming, right-of-way maintenance, weed control, storm clean-up and related work in the GRU service area.

1.3. Contact Information

Robbin Odowski

Procurement Specialist III

PO Box 147117

Station A-105

Gainesville, FL 32614

Email: odowskirr@gru.com

Phone: (352) 393-1209

Department:

Energy Delivery

1.4. Timeline

Submitting Questions and Receiving Response:

mailto:odowskirr@gru.com tel:(352)393-1209

Bidders shall submit all inquiries regarding this bid via GRU e-Procurement Portal, located at https://procurement.opengov.com/portal/GRU. Please note the deadline for submitting inquiries: 5:00 pm on

Friday, December 1, 2023. All answers to inquiries will be posted on GRU e-Procurement Portal. Bidders shall click

“Follow” on this solicitation to receive all email notifications when answers are posted, addenda issued, & other solicitation notices. It is the responsibility of the bidder to check the website for answers to inquiries.

Addenda Notification and Acknowledgement Addenda Notification:

Bidders are required to register for an account via GRU e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/GRU.

Release Project Date November 8, 2023

Question Submission Deadline December 1, 2023, 5:00pm

Question Response Deadline December 6, 2023, 12:00am

Proposal Submission Deadline December 12, 2023, 2:00pm

Evaluation Meeting December 19, 2023, 1:30pm

Gainesville Regional Utilities

4747 N Main St, Building 2, Room 2217

Gainesville, FL 32609

Please stop at the gate and check in with Security.

2. Response Submittals

The following information is required with the Response. Failure to provide the following information may be cause for the response to be deemed "non-responsive":

2.1. Pricing Response Form (Must be downloaded, completed and uploaded)* Please download the below documents, complete, and upload.

• Breaker_Replacements_Price_...

*Response required

2.2. Project Reference List:

• List must include no less than five (5) high voltage breaker replacement projects of similar size and scope to this project.

• At least three (3) of the projects on this list shall include a brief description of the scope and nature of the project.

https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/GRU https://government-project.s3.amazonaws.com/64475/e97f8b7f-b98b-47aa-864c-340a14a706ca_Breaker_Replacements_Price_Breakdown%289-20-23%29.xlsx?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1702039388&Signature=u4THcGcgc9qDvs3%2FgZhLKIL9DLo%3D&response-content-disposition=attachment%3B%20filename%3D%22Breaker_Replacements_Price_Breakdown%289-20-23%29.xlsx%22

• At least three (3) of the projects on this list shall include customer contact information (name, position, email and phone number).

Provide required information below:

2.3. Project Execution Plan*

Execution plan shall include how the contractor plans to effectively manage each aspect of the project and meet the major schedule milestones.

*Response required

2.4. Company's Health and Safety Plan*

Provide a description of company's health and safety plan.

*Response required

2.5. OSHA Logs*

Provide copies of OSHA logs for the last three years.

*Response required

2.6. Experience Modification Rate (EMR) Documentation*

Experience Modification Rate (EMR) Documentation for the most recent three (3) full years provided on letterhead from current insurance provider. Preferably < 1.0

*Response required

2.7. QA/QC Plan*

Include an explanation of how deliverables are reviewed and construction activities accepted before final delivery/acceptance of GRU.

*Response required

2.8. Project Organization Chart*

Include resumes of key contractor personnel

• Project Manager

• Site Manager

• Lead Project Engineer

*Response required

2.9. Preliminary Project Schedule*

Project schedule shall include all major milestones and critical path items.

*Response required

2.10. Change Orders*

• Provide possible change order scenarios that could arise during a 138kV breaker replacement.

• Provide rate sheets and markup rate for items such as travel, hotel, rentals and parts/materials.

*Response required

2.11. RESPONDENT’S CERTIFICATION*

Please download the below documents, complete, and upload.

"I hereby propose to provide the goods/services requested in this Solicitation. I agree to hold pricing for at least 60 calendar days from the Solicitation due date. I agree that GRU’s terms and conditions herein take precedence over any conflicting terms and conditions submitted for GRU’s consideration, and agree to abide by all conditions of this

Solicitation.

I certify that all information contained in this Response is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to execute and submit this Response on behalf of the organization as its agent and that the organization is ready, willing and able to perform if awarded.

I further certify that this Response is made without prior understanding, agreement, connection, discussion, or collusion with any other person, company or corporation submitting an offer for the same product or service; no officer, employee or agent of GRU owns or will benefit more than 5% from award of this Solicitation; and the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained."

• RESPONDENT’S_CERTIFICATION_...

*Response required

2.12. DRUG-FREE WORKPLACE CERTIFICATION FORM*

Please download the below documents, complete, and upload.

"Preference may be given to a business that certifies that it has implemented a drug-free workplace program.

Pursuant to Section 287.087, Florida Statutes, whenever two or more competitive solicitations that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a response 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 responses will be followed if none of the tied providers has a drug free workplace program. In order to have a drug-free workplace program, a business shall:

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

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

3. Give each employee engaged in providing the commodities or contractual services that are under proposal 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 proposal, 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 https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/8c6f4eae-6dca-435c-a389-18e1961533ab_RESPONDENT%E2%80%99S_CERTIFICATION_%28GRU%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1702039388&Signature=KzGjFEe7pUNjGBLPnmKyyRdLT3g%3D&response-content-disposition=attachment%3B%20filename%3D%22RESPONDENT%25E2%2580%2599S_CERTIFICATION_%28GRU%29.pdf%22 contendere to, any violation of Chapter 893, Florida Statutes, 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 any employee who is so convicted or require the satisfactory participation in a drug abuse assistance or rehabilitation program as such is available in the employee's community.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of applicable laws, rules and regulations.

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

• DRUG-FREE_WORKPLACE_CERTIFI...

*Response required

2.13. SBE/SDVE Certification*

If small business enterprise (SBE) or service disabled veteran enterprise (SDVE), provide evidence that you are certified by the City of Gainesville Equal Opportunity Department (EO) in order to receive the preference

*Response required

2.14. Business Tax Receipt*

If local business, provide Business Tax Receipt with the City of Gainesville in order to receive the preference.

*Response required

2.15. Zoning Compliance Permit*

If local business, provide Zoning Compliance Permit with the City of Gainesville in order to receive the preference

*Response required

2.16. Do you have any Clarifications and/or Exceptions to this Solicitation?* Any deviation from this Solicitation must be provided and explained in detail with the Response. Deviations must be explained on a separate page labeled “Clarifications and Exceptions” and included with the Response. Each clarification and exception must correspond to the specific referenced section in the Solicitation. Otherwise, the

Response will be considered in strict compliance with the Solicitation and the selected Respondent will be held accountable for compliance with the Specifications

☐ Yes

☐ No

*Response required

2.17. Clarifications and Exceptions

Any deviation from this Solicitation must be provided and explained in detail with the Response. Deviations must be explained on a separate page labeled “Clarifications and Exceptions” and included with the Response. Each clarification and exception must correspond to the specific referenced section in the Solicitation. Otherwise, the

Response will be considered in strict compliance with the Solicitation and the selected Respondent will be held accountable for compliance with the Specifications

3. Examination of Solicitation Documents & Work Site

A. Prior to responding to the Solicitation, Respondents are responsible for the following:

https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/a21c79b9-0219-49ce-901f-924a30de7752_DRUG-FREE_WORKPLACE_CERTIFICATION_FORM_%28GRU%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1702039388&Signature=Js3CkxgBW6xz%2BJ3rWNlB6L0It2o%3D&response-content-disposition=attachment%3B%20filename%3D%22DRUG-FREE_WORKPLACE_CERTIFICATION_FORM_%28GRU%29.pdf%22

1. examining the Solicitation thoroughly,

2. if applicable, visiting the work site to become familiar with local conditions that may affect the cost, progress, performance of furnishing the Work,

3. considering federal, state and local laws and regulations that may impact or affect cost, progress, performance or furnishing of the Work,

4. studying and carefully correlating Respondent’s observations with the Solicitation, and

5. notifying the Purchasing Representative of all conflicts, errors or discrepancies in the Solicitation.

B. Respondents are expected to become fully informed as to the requirements of the Specifications and failure to do so will be at their own risk. Respondents cannot expect to secure relief on the plea of error.

C. A Respondent who is aggrieved in connection with the specifications of this Solicitation may protest in writing to Utilities Purchasing at least seven (7) business days prior to the Response due date.

4. Response Preparation

A. The Pricing Response/Table is included in the Solicitation and should be used to submit pricing information, providing a price for all items listed on the form, unless noted otherwise.

B. All blanks on the Respondent’s Certification Form must be legibly completed in ink (computer printed, typed or handwritten).

C. A Response submitted by a corporation must be executed in the corporate name by the president, a vice-president, or other corporate representative and accompanied by a document showing authorization of such person’s authority. Include the physical address and state of incorporation. A Response submitted by a partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the physical address of the partnership must be shown below the signature.

D. The names of individuals included on the Respondent’s Certification Form must be legibly printed below signatures (computer printed, typed or handwritten). Respondent must acknowledge receipt of all addenda using the space provided on the Respondent’s Certification Form.

E. Costs for developing a response to the Solicitation are the sole obligation of the Respondent.

F. Respondent’s pricing must include applicable taxes on items purchased or manufactured by Respondent for the project. GRU is exempt from Florida sales taxes for certain purchases. A “Consumer’s Certificate of

Exemption” is available at www.gru.com .

5. Deviations from Specifications

A. Any deviation from this Solicitation must be provided and explained in detail with the Response.

Deviations must be explained on a separate page labeled “Clarifications and Exceptions” and included with the Response. Each clarification and exception must correspond to the specific referenced section in the Solicitation. Otherwise, the Response will be considered in strict compliance with the Solicitation and the selected Respondent will be held accountable for compliance with the Specifications.

B. GRU reserves the right to waive clarifications and exceptions to the Solicitation if determined by GRU to be in GRU’s best interest.

http://www.gru.com/

6. Distribution of Information

6.1. Receiving Electronic Bids Only

GRU prefers electronic submission of bids and proposals. Please submit electronic responses via GRU e-

Procurement Portal: https://procurement.opengov.com/portal/GRU. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

• Access procurement documents and related information.

• Receive automatic and instant notifications of government opportunities.

• Download solicitation documents and specifications online.

• Submit your bids and proposals online.

• See all the forms and documents you need to complete in one place.

• Receive and respond to government requests for quotes immediately.

• Automatic notification of awards.

For more information about OpenGov, visit https://procurement.opengov.com.

6.2. GRU's eProcurement Portal

It is the responsibility of the vendor to regularly monitor GRU's eProcurement Portal. Bidders shall click “Follow” on this solicitation to receive all email notifications when answers are posted, addenda issued, & other solicitation notices.

Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/GRU. Vendor failure to retrieve available, required procurement information and include the appropriate documentation and information in solicitation responses may result in disqualification.

7. Solicitation Response

A. Bids may be received up to but not later than 2:00 pm and Tuesday, December 12, 2023 via GRU e-

Procurement Portal located at https://procurement.opengov.com/portal/GRU. GRU e-Procurement Portal

Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. Gainesville Regional Utilities strongly recommends completing your response well ahead of the deadline. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

B. Responses will be electronically unsealed publicly opened at the time and place indicated in the

Solicitation and will be available for inspection upon notice of award or intended Award, or within thirty

(30) calendar days after the opening of Responses, whichever occurs first. Prices may be publicly disclosed on GRU’s eProcurement Portal at the sole discretion of Utilities Purchasing.

C. The Respondent’s Certification Form must be submitted with the Response. If required, a Bid Bond and other documents must be provided with the Response. If a Bid Bond is required by the Solicitation and not included the response will be deemed non-responsive.

https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/gru/projects/64475

D. A “No-Bid” Response can be submitted for those who choose not to participate in the Solicitation. This designation can be submitted in GRU’s eProcurement Portal:

https://procurement.opengov.com/portal/gru/projects/64475

8. Modification or Withdrawal of a Response To a Solicitation

A. Changes to a vendor’s bid submittals in GRU's eProcurement Portal can be made up to the deadline date for the bid submittal.

B. After responses have been opened, corrections to the response are permitted only to the extent that

1. Respondent can show by clear and convincing evidence that there was a material and substantial mistake in the preparation of its Response;

2. the nature of the mistake is evident; and

3. the intended pricing is evident.

9. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Pricing

• Provide rate sheets and markup rate for items such as travel, hotel, rentals and parts/materials.

• Completed GRU pricing Form

(attached)

• Full payment will be made upon completion of each individual breaker replacement project.

0-100 Points 65 (65% of Total) https://procurement.opengov.com/portal/gru/projects/64475 https://procurement.opengov.com/portal/gru/projects/64475

2. Management Plan for the Project

A. Project Assumptions

The below general project assumptions shall be taken into consideration. These assumptions are in addition to any assumptions/clarifications mentioned within this specification.

1. Pricing associated with this bid shall be based on breakers described in section

1 of this specification.

2. Contractors shall assume a work schedule of Monday through Thursday, 7:00 am until 5:30pm. Contractors may perform work outside this schedule only with prior approval from GRU.

3. Contractor shall be required to perform a site visit of each breaker location prior to finalizing designs. It will be the contractor’s responsibility to verify field wiring.

4. Contractor shall provide porta potty & wash station. Contractors may utilize GRU restrooms only with prior approval from

GRU.

A. Project Execution Plan

1. Execution plan shall include how the contractor plans to effectively manage each aspect of the project and meet the major schedule milestones.

B. Preliminary Project Schedule

0-100 Points 10 (10% of Total)

1. Project schedule shall include all major milestones and critical path items.

C. Change Orders

1. Provide possible change order scenarios that could arise during a 138kV breaker replacement.

2. Provide rate sheets and markup rate for items such as travel, hotel, rentals and parts/materials.

3. Health, Safety, Experience and Qualifications

A. Health and Safety:

1. Safety and Security Plan to include EMR ratings for prior three years. EMR rating must be < 1.0.

B. Project Reference List:

1. List must include no less than five (5) high voltage breaker replacement projects of similar size and scope to this project.

2. At least three (3) of the projects on this list shall include a brief description of the scope and nature of the project.

3. At least three (3) of the projects on this list shall include customer contact information

(name, position, email and phone number).

0-100 Points 25 (25% of Total)

10. Public Entity Crimes/Debarment/Suspension/Termination

A. Pursuant to Chapter 287.133(2)(a) of the Florida Statutes, “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;

may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in sec. 287.017, for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.”

B. Respondent is responsible for compliance with current policies regarding debarment / suspension / termination which have been issued by the Utilities Purchasing Division.

C. The Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Solicitation by any governmental department or agency.

11. Disclosure, Confidentiality

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes

(Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes

(Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public

Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

11.1. Identifying Trade Secret or Otherwise Confidential and Exempt Information

For any records or portions thereof that Contractor claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, Contractor shall:

A. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted. Contractor shall take care to redact only the confidential and exempt information within a record.

B. Provide an affidavit or similar type of evidence that describes and supports the basis for Contractor’s claim that the information is confidential and exempt from public disclosure.

11.2. Request for Trade Secret or Otherwise Confidential and Exempt Information

A. In the event GRU receives a public records request for a record with information labeled by Contractor as

Trade Secret or otherwise as confidential and exempt, GRU will provide the public record requester with the redacted copy of the record and will notify Contractor of the public records request.

B. However and notwithstanding the above, in the event that GRU in its sole discretion finds no basis for

Contractor’s claim that certain information is Trade Secret or otherwise confidential and exempt under

Florida’s Public Records Law, then GRU shall notify Contractor in writing of such conclusion and provide

Contractor a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public

Records Law. If Contractor fails to file for declaratory action within the reasonable amount of time provided, then GRU will disclose the information requested.

C. If a public records lawsuit is filed against GRU requesting public disclosure of the information labeled by

Contractor as Trade Secret or otherwise as confidential and exempt, GRU shall notify Contractor and

Contractor shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s

Public Records Law. GRU shall not be obligated to assist in Contractor’s defense.

D. Contractor hereby indemnifies and holds GRU, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with Contractor’s claim that any information it provided to

GRU is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public

Records Law.

12. Lobbying

To ensure fair consideration and consistent and accurate dissemination of information for all proposers, the City prohibits communication to or with any department, employee, or agent evaluating or considering the proposals during the submission process, except as authorized by the contact person. During the blackout period as defined in Florida Statutes Chapter 287.057 (25), except as pursuant to an authorized appeal, no person may lobby, as defined herein, on behalf of a competing party in a particular procurement process, City officials or employees except the purchasing designated staff contact in the purchasing division. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred. Lobbying means when any natural person, for compensation, seeks to influence the governmental decision-making, to encourage the passage, defeat or modification of any proposal, recommendation or decision by City officials and employees, except as authorized by procurement documents.

13. Blackout Period

Pursuant to Chapter 287.057 (25), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

14. Collusion

1. Only one (1) response from any individual, firm, corporation, organization or agency under the same or different name will be considered for this Solicitation. Submission of more than one response may result in the rejection of all responses from the Respondent.

2. Respondent, by signing the Respondent’s Certification Form, declares that the Response is made without any previous understanding, agreement, or connections with any persons, firms, or corporations responding on the same items and that it is in all respects fair and in good faith without any outside control, collusion or fraud. A non-exclusive manufacturer/distributor relationship does not, in and of itself, constitute a prior understanding, agreement, connection or collusion between

Responders.

3. By responding to the Solicitation, the Respondent acknowledges that it has not offered or given any gift or compensation to any GRU officer or employee to secure favorable treatment with respect to being awarded this Contract.

15. Small Business Enterprise (SBE)

15.1. Small Business Enterprise (SBE) Definition

Independently owned with a net worth of not more than five million dollars and employs 200 or fewer permanent full-time employees.

15.2. Small and Service-Disabled Veteran Business Program

A small or service-disabled veteran business, as certified by the City of Gainesville equal opportunity department

(EO) Small and Service-Disabled Veteran Business Program (cityofgainesville.org) , will be given a preference of 5% of the total price not to exceed $25,000, when all of the following apply:

A. Purchase is anticipated to be greater than $50,000;

B. Award is based on evaluation criteria other than to the lowest responsive and responsible bidder;

C. The certified small or service-disabled veteran business being evaluated did not receive a Local

Preference; and

D. The preference is not prohibited by law.

16. Local Preference

16.1. Local Preference (none)

The Local Preference Ordinance does not apply to this Solicitation. The ordinance can be found at 1.b. Local

Preference Ordinance - Original and Modification.pdf (cityofgainesville.org) A Local Preference Decision Tree is below.

16.2. Local Preference (Estimates exceeding $50,000)

The Local Preference Ordinance applies to Solicitations for goods or services estimated to exceed $50,000.

A. In solicitation of, or letting contracts for procurement of, supplies, materials, equipment and services, as described in the purchasing policies, the City Commission, or other purchasing authority, may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business’ total price, and in any event the cost differential should not exceed $25,000.

B. A “local business” means the Respondent has a valid business tax receipt, issued by the City of Gainesville at least six (6) months prior to Response due date, to do business in said locality that authorizes the business to provide the goods, services, or construction services to be purchased, and a physical business address located within the limits of said locality, in an area zoned for the conduct of such business, from which the business operates or performs business on a day-to-day basis. Post office boxes are not verifiable and cannot be used for the purpose of establishing said physical address. In order to be eligible for local preference, the Respondent must provide a copy of the business tax receipt. The ordinance can be found at 1.b. Local Preference Ordinance - Original and Modification.pdf (cityofgainesville.org). A Local

Preference Decision Tree is below.

http://www.cityofgainesville.org/OfficeofEqualOpportunity/SmallBusinessProcurement/SmallService-DisabledVeteranBusinessProgram.aspx https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf

16.3. Local Preference Decision Tree

While not all encompassing, the following is provided as a guideline for determining whether the City of Gainesville

Local Preference Policy Ordinance (LPPO) applies to solicitation responses submitted to the City. LPPO applies only to new solicitations. Respondents are advised to review the entire text of the Local Preference Policy Ordinance.

XXXX is advised to review the entire text of the LPPO at 1.b. Local Preference Ordinance - Original and

Modification.pdf (cityofgainesville.org) .

17. Pandemic Conditions Safety Guidelines

Pandemic Conditions Safety Guidelines

COVID-19 has changed the jobsite. Contractors need to work with owners to identify potential risks on each site during construction activities and develop a safety plan for their employees, visitors and inspectors. Contractors need to review and enhance their infection control plans to include awareness, training, and use of personal protective equipment.

Below are some of the practices and precautions being used and implemented across jobsites:

• Review and adjust project schedules to allow for social distancing, including staggered work scheduling and extra shifts to physically separate employees working on site.

• Develop a written policy with provisions to inform employees and for enforcement.

• Complete a health survey prior to entering a work site.

• Conduct job site safety briefings remotely and do not report to construction trailers.

• Provide facilities and procedures for proper disposal and removal of used cleaning and PPE supplies.

• Eliminate coffee and lunch trucks and use of centralized gathering or eating areas. Advise employees to bring their own food, drink, and utensils.

• Encourage employees to change and wash clothing when they get home or to use on site facilities, if available.

https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf

• Prepare additional contingency plans for potential reduction in work force, limited material supplies, or the need to suspend a job site for cleaning.

• Plan for maintaining job sites safely and securely during any shut down periods, including from fires during construction and potential exposure hazards.

• Work with owners and facility managers to ensure essential ITM work is continued, systems remain in service, and impairments continue to be addressed immediately.

• Work with building and fire officials to schedule plan reviews, permitting, and field inspections.

• Review and comply with OSHA requirements for employers to prevent employee exposure to the virus including PPE standards requiring gloves, goggles or safety glasses, face protection, and respiratory protection.

The CDC has not made specific recommendations for the construction industry regarding COVID exposures;

however, the published best practices include:

• Monitor and follow WHO/CDC/OSHA recommendations.

o www.coronavirus.com o www.cdc.gov/coronavirus o https://www.osha.gov/Publications/OSHA3990.pdf

• Monitor and follow federal, state, and local government mandates and recommendations.

• Practice social distancing as recommended by the CDC to include maintaining a six-foot distance, no shaking hands, no gathering of more than ten (10) people, covering mouth and nose when sneezing or coughing, and avoid touching your face.

• Stay home if you are sick.

• Provide a process to recognize and remove sick employees.

• Provide facilities for and encourage frequent hand washing and sanitizing.

• Allow and encourage employees to work from home where possible.

• Provide additional resources and technology to assist remote employees.

• Cancel in person meetings and shift meetings to online.

• Only allow essential employees in the office and on job sites.

• Eliminate visitors.

• Eliminate travel.

• Make provisions for additional cleaning including restrooms, equipment, tools, and commonly touched areas.

http://www.coronavirus.com/ http://www.cdc.gov/coronavirus https://www.osha.gov/Publications/OSHA3990.pdf

18. Technical Specifications/Scope of Work

18.1. See Attached

See Attached:

• Attachment 1 - Scope of Work

• Attachment 2 - Technical Specs/Standards

• Attachment 3 - Drawings/Documents

• Attachment 4 - Aerial View

19. General Terms And Conditions

ATTACHMENT 1

GENERAL TERMS AND CONDITIONS

19.1. DEFINITIONS

• Agreement: A written Contract between two or more Parties [“GRU” and “Contractor(s)”]. “Contract” and

“Agreement” are synonymous.

• Deliverable: The completion of a milestone or the accomplishment of a task associated with the Work.

• Free on Board (FOB) Destination: The Contractor(s) is responsible for delivery of materials to a specified delivery point. The risks of loss are borne by the seller or consignee. Title passes when delivery is received by the buyer at destination. Seller has total responsibility until shipment is delivered.

• Specification: A description of the physical or functional characteristics of goods or services as defined in the Solicitation.

• Work: Activity involving effort done in order to achieve a purpose or result requested in the scope.

19.2. COMPLIANCE WITH REFERENCED SPECIFICATIONS

All Work, materials, systems, or operations specified by reference to standard trade or manufacturer’s published specifications shall comply with the requirements, except as modified by this Contract. The specifications used must be the latest published edition that is in effect on the effective date of this Contract unless a particular edition is specified. In the event of a conflict, the specifications that contain the more stringent requirements will govern.

19.3. CHANGE ORDERS

GRU shall pay Contractor(s) for the Work at the price[s] stated in this Contract. No additional payment will be made to Contractor(s) except for additional Work or materials stated on a valid change order, and issued by GRU prior to the performance of the added Work or delivery of additional materials. A change order may be issued without invalidating the Contract, if

1. made in writing,

2. signed by the authorized representative(s), and

3. accepted by Contractor(s).

Such change shall include the following: change orders that constitute changes

1. the general scope of Work,

2. the schedule,

3. administrative procedures not affecting the conditions of the Contract, or

4. the Contract price.

19.4. NOTICES

Notices to Contractor(s) shall be deemed to have been properly sent when electronically or physically delivered to

Contractor(s) address and email. Notices to GRU are deemed to have been properly sent when delivered to

Utilities Purchasing, 301 SE 4th Avenue, Gainesville, Florida 32601 or e-mailed to odowskirr@gru.com and GRU acknowledges receipt of the email.

19.5. PAYMENT

A. Invoicing. Contractor(s) is responsible for invoicing GRU for Work performed pursuant to this Contract.

Itemized invoices shall include the following information (if applicable): Contract number, Purchase Order number, item number, job number, description of supplies or services, quantities, unit prices, Work location, GRU Project Representative, job start date, job completion date or other pertinent information.

Itemized invoice(s) must be mailed to Gainesville Regional Utilities, Accounts Payable, P.O. Box 147117, Station A-27, Gainesville, FL 32614-7117 or faxed to 352-334-2964 or e-mailed to accountspayable@gru.com.

B. Receipting Report for Services. An itemized receipting report for services must be provided to the GRU

Project Representative prior to invoicing which includes the number of hours and labor rates by job title, overhead, authorized per diem or travel expenses, and other charges. Receipting reports shall be used by the Project Representative to verify the services rendered.

C. Payment Terms. Unless otherwise agreed upon in writing, GRU’s payment terms are net thirty (30) days from receipt of correct invoice. Contractor(s) shall not submit more than one (1) invoice per thirty-day period. Any delay in receiving invoices, or error and omissions, will be considered just cause for delaying or withholding payment. Invoices for partially completed Work may be allowed with GRU’s prior approval.

All partial invoices must be clearly identified as such on the invoice. Any charges or fees will be governed by current Florida Statutes.

D. Lien Release. Before the final acceptance of the Work and payment by GRU, Contractor(s) shall furnish to

GRU an affidavit and final waiver that all claims for labor and materials employed or used in the construction of said Work have been settled and no legal claim can be filed against GRU for such labor and materials. If such evidence is not furnished to GRU, such amounts as may be necessary to meet the unsatisfied claims may be retained from monies due to Contractor(s) under this Contract until the liability has been discharged.

E. Final Payment/Acceptance. The acceptance by Contractor(s) of final payment due on termination of the

Contract shall constitute a full and complete release of GRU from any and all claims, demands and causes of action whatsoever which Contractor(s), its successors or assigns have or may have against GRU under the provisions of this Contract.

mailto:accountspayable@gru.com

19.6. COMPLIANCE WITH LAWS AND REGULATIONS

All City, County, State and Federal laws, regulations and/or ordinances shall be strictly observed. Contractor(s) is responsible for taking all precautions necessary to protect life and property.

19.7. GOVERNING LAW, VENUE, ATTORNEY’S FEES, AND WAIVER OF RIGHT TO JURY TRIAL

(State/Federal)

This Contract shall be governed and construed pursuant to the laws of Florida and may not be construed more strictly against one party than against the other. In the event of any legal proceedings arising from or related to this Contract:

1. venue for any state or federal legal proceedings shall be in Alachua County Florida;

2. each Party shall bear its own attorneys’ fees except to the extent that Contractor(s) agrees to indemnify GRU as described below in Section 4.0 Supplemental Conditions, including any appeals;

and

3. for civil proceedings, the Parties hereby waive the right to jury trial.

19.8. GOVERNING LAW, VENUE, ATTORNEY’S FEES, AND WAIVER OF RIGHT TO JURY TRIAL

This Contract shall be governed and construed pursuant to the laws of Florida and may not be construed more strictly against one party than against the other. In the event of any legal proceedings arising from or related to this Contract:

1. venue for any state or federal legal proceedings shall be in Alachua County Florida;

2. each Party shall bear its own attorneys’ fees, including any appeals; and

3. for civil proceedings, the Parties hereby waive the right to jury trial.

19.9. VERIFICATION OF EMPLOYEES

The Contractor shall comply with all applicable requirements of Section 448.095, Florida Statutes, including but not limited to:

1. the Contractor shall register with and use the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees of the Contractor during the term of this Agreement; and

2. the Contractor shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise register with and use the U.S. Department of Homeland

Security’s E-Verify system to verify the work authorization status of all new employees of the subcontractor during the term of this Agreement. Section 448.095, Florida Statutes, states the statute must be construed in a manner that is fully consistent with any applicable federal laws or regulations, and therefore this section does not apply to this Agreement to the extent that this section would be inconsistent with any federal laws or regulations that are applicable to this Agreement.

19.10. SOVEREIGN IMMUNITY

Nothing in this Contract shall be interpreted as a waiver of GRU’s sovereign immunity as granted pursuant to

Section 768.28 Florida Statutes.

19.11. SEVERABILITY

If any provision of this Contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the Parties shall be construed and enforced as if this Contract did not contain the particular provision held to be invalid.

19.12. ASSIGNMENT

GRU or Contractor(s) shall not assign or transfer, in whole or in part, any right or obligation pursuant to this

Contract, without the prior written consent of the other Party.

19.13. AUDIT OF RECORDS

Contractor(s) shall maintain records sufficient to document completion of the scope of services pursuant to this contract. At all reasonable times, these records shall be made available to review, inspect, copy and audit by persons duly authorized by GRU. These records shall be kept for a minimum of three (3) years after termination of this Contract. Records that relate to any litigation, appeals or settlement of claim arising pursuant to the performance of this Contract shall be made available until a final disposition has been made of such litigation, appeal, or claim.

19.14. NONEXCLUSIVE REMEDIES

Except as…