2017-060_Electrical_Contractor_General_Service_Agreement_RAH.docx

GAINESVILLE REGIONAL UTILITIES

CITY OF GAINESVILLE, FLORIDA

Solicitation No. 2017-060

Issue Date: March 22October 26, 2017

Due Date @ 2:00 p.m. April 19November 16, 2017

REQUEST FOR PROPOSAL (RFP)

FOR GENERAL SERVICE AGREEMENT (GSA) FOR

WATER AND WASTEWATER ELECTRICAL CONTRACTORS

Purchasing Representative:

Name: James Frampton Title: Senior Buyer Phone: (352) 393-1251 Email: framptonjw@gru.com

Gainesville Regional Utilities 301 S.E. 4th Avenue Gainesville, FL 32601

REV 3 MARCH 2017

Table of Contents Page | 3

TABLE OF CONTENTS

INSTRUCTIONS

1.0 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.

2.0 PRE-BID OR PRE-PROPOSAL MEETING.

A meeting will not be held.

3.0 EXAMINATION OF SOLICITATION DOCUMENTS AND WORK SITE.

3.1 Prior to responding to the Solicitation, Respondents are responsible for the following: (a) examining the Solicitation thoroughly, (b) if applicable, visiting the work site to become familiar with local conditions that may affect the cost, progress, performance of furnishing the Work, (c) considering federal, state and local laws and regulations that may impact or affect cost, progress, performance or furnishing of the Work, (d) studying and carefully correlating Respondent’s observations with the Solicitation, and (e) notifying the Purchasing Representative of all conflicts, errors or discrepancies in the Solicitation.

3.2 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.

3.3 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.

4.0 INTERPRETATIONS AND ADDENDA.

4.1 All questions about the meaning or intent of the Solicitation are to be directed to the Purchasing Representative, unless stated otherwise in the Solicitation. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda sent to all parties recorded as having received the Solicitation. Questions received less than seven (7) business days prior to the Response due date/time may not be answered by the Purchasing Representative. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications that are not memorized by formal written Addenda will be without legal effect.

4.2 Addenda may also be issued to modify the Solicitation as deemed advisable by the Purchasing Representative.

4.3 Addenda issued by GRU prior to the Solicitation due date/time are considered binding as if written into the original Solicitation. Respondents are responsible for ensuring that all addenda have been received prior to submitting their Response.

5.0 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:

· Pricing Response Form

· Time and material pricing for emergent Work

· A minimum of three (3) references. Each reference must include a current contact name and phone number.

· Experience Modification Rate (EMR) Documentation for the most recent three (3) full years provided on letterhead from current insurance provider. Copy of Osha 2000 form for last three years. Copy of current safety program.

· Licenses

· Certifications

· Respondent’s Certification

· Drug Free Workplace Certification

6.0 RESPONSE PREPARATION.

6.1 The Pricing Response Form 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.

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

6.3 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.

6.4 The names of individuals included on the Respondent’s Certification Form must be legibly printed below signatures (computer printed, typed or handwritten).

6.5 Respondent must acknowledge receipt of all addenda using the space provided on the Respondent’s Certification Form.

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

6.7 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 .

6.8 Respondents are encouraged to use environmentally sustainable practices in response to the Solicitation when possible. This may include providing double-sided copies, minimal use of plastic covers, binders, tabs or dividers, etc.

7.0 PRICE.

7.1 The price stated on the Pricing Response Form is firm. Any additional charges that were not included in the Response will not be paid by GRU unless approved in writing by an authorized GRU representative. Subsequent to contract formation, pricing inconsistencies on invoices may be grounds to cancel the contract.

7.2 If the Respondent offers discounted pricing, such as prompt payment discounts or volume discounts, it must be clearly stated and explained on the Pricing Response Form. Such discounts, if applicable, will not be used in determining award of the Solicitation.

8.0 DEVIATIONS FROM SPECIFICATIONS.

8.1 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.

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

9.0 SOLICITATION RESPONSE.

9.1 Response must be in the possession of Utilities Purchasing by 2:00 p.m. on the due date. Possession is defined as being physically received in Utilities Purchasing at the GRU Administration Building, 301 S.E. 4th Avenue, 3rd Floor, Gainesville Florida 32601. The time clock located in Utilities Purchasing will be the official time. Any Response received after 2:00 p.m. will not be considered. Responses shall be sealed and plainly marked on the outside of the envelope with both the project number and the project name. Response must be completed and signed in ink in space(s) provided or will be subject to rejection. Responses may not be submitted by facsimile or e-mail.

9.2 Responses will be 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 read at the public Solicitation opening at the sole discretion of Utilities Purchasing.

9.3 The Respondent’s Certification Form must be submitted with the Response and enclosed in a nontransparent sealed envelope, marked with the project title and Respondent’s name and address. One original and one electronic copy of the Response should be provided. 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.

9.4 A “Non-Submittal” form has been provided for those who choose not to participate in the Solicitation.

10.0 MODIFICATION OR WITHDRAWAL OF A RESPONSE TO A SOLICITATION.

10.1 A Response may be modified or withdrawn if a written request is submitted and physically received by GRU Purchasing before the Response due date and time.

10.2 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.

11.0 BID BOND.

A Bid Bond is not required.

12.0 TERMS OF AWARD.

12.1 Award will be made to one, or more than one Respondent based on price (60 points), experience (20) and safety (20), as GRU determines to be in its best interest.

12.2 GRU reserves the right to reject any and all Responses, or any part thereof, to waive any and all informalities or irregularities, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Responses. A responsible Respondent and any selected subcontractors, suppliers, other persons, and/or organizations proposed to perform or furnish the Work have the capacity in all respects to fully perform the Contract requirements and the experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance, such capacity and responsibility to be determined solely by GRU. GRU may conduct such investigation as GRU deems necessary to establish the responsibility, qualifications and financial ability of Respondent(s), proposed subcontractors, material suppliers, individuals, or entities to perform the Work in accordance with the Contract. Such information may include, but shall not be limited to, current financial statements, bank records, verifications of availability of equipment and personnel and past performance records.

12.3 Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

12.4 If the Contract is awarded, GRU will give the successful Respondent a Notice of Intent to Award within sixty (60) calendar days after the Solicitation due date. All Responses must remain valid for sixty (60) calendar days from the Solicitation due date.

12.5 When GRU gives a Notice of Award to the successful Respondent, it will be accompanied by the required number of unsigned counterparts of the Contract (or Purchase Order, as applicable) with all attachments. Within fifteen (15) calendar days thereafter, Respondent must sign and deliver the required number of counterparts of the Contract, attachments, and required Bonds, if applicable. GRU will ultimately provide a fully signed counterpart to the Respondent.

12.6 Failure on the part of the successful Respondent to execute a Contract within fifteen (15) calendar days after the notice of acceptance may be just cause for annulment of award.

12.7 GRU may then accept the Response of the next lowest, responsive, responsible Respondent or re-advertise the Solicitation. If the next lowest, responsive, responsible Response is accepted, this acceptance will bind such Respondent as though it was the original successful Respondent.

12.8 Protests in respect to the intended award must be filed within three (3) calendar days of notice for purchases that do not require prior approval of the City Commission, and within seven (7) calendar days for purchases that require prior approval of the City Commission. It is the Respondent’s duty to be informed of the intended award and GRU’s protest procedures.

13.0 PUBLIC ENTITY CRIMES/DEBARMENT/SUSPENSION/TERMINATION.

13.1 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.”

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

13.3 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.

14.0 DISCLOSURE, CONFIDENTIALITY AND PUBLIC RECORDS.

14.1 Florida has a very broad public records law. By entering into an agreement with GRU, the Respondent acknowledges that it will comply with the Florida Public Records Act (Chapter 119, Florida Statutes) Failure to comply with the Florida Public Records Act, including failure to provide a public record upon request, is a breach of the Contract between GRU and Respondent. GRU may pursue all remedies for breach of this agreement. Responses to this Solicitation upon receipt by GRU become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Respondent believe that any portion or all of its response is exempt from the Florida Public Records Act; the Response should clearly assert such exemption and the specific legal authority for the asserted exemption. In complying with the Florida Public Records Act the Respondent must:

14.2 Responses to this Solicitation are public records and will be available for inspection after such time as an award is recommended or within thirty (30) calendar days after the Solicitation due date, whichever occurs first in time.

15.0 CONFIDENTIAL INFORMATION.

Upon receipt by GRU, responses to this Solicitation become public records subject to the provisions of Chapter 119 of the Florida Statutes, Florida’s Public Records Law. If Respondent believes that any portion of the Response constitutes a trade secret pursuant to the Florida Statutes or is otherwise exempt from Florida’s Public Records Law, Respondent should clearly identify the specific sections of the response for which confidentiality is claimed, and provide specific legal authority of the asserted exemption. Any portion of the Response that Respondent asserts qualify for exemption from Chapter 119, must be submitted in a separate envelope and clearly identified as “trade secret” or otherwise “exempt from the Florida Public Records Law with Respondent’s firm name and the Response number marked on the outside of the envelope. In the event that GRU determines that any portion of the Response (initially claimed by the Respondent to be exempt) do not qualify as such, the Respondent will be contacted and will have the opportunity to waive their claim to confidentiality. Please be aware that the designation of an item as “exempt” or a “trade secret” by Respondent, and the refusal to disclose any materials submitted to GRU, may be challenged in court. By your designation of material in your Response as “exempt” or a “trade secret”, Respondent agrees to indemnify and hold harmless the City, GRU, its elected officials, and employees for any award to a plaintiff for damages, costs or attorneys’ fees and for costs attorneys’ fees incurred by GRU by reason of any legal action challenging Respondent’s designation of “exempt” or “trade secret” and GRU’s refusal to disclose.

16.0 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 herein, 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. The blackout period means the period between the time the solicitation response is received by GRU Purchasing and the time City officials and employees award the contract. 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.

17.0 COLLUSION.

17.1 Only one 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.

17.2 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.

The Local Preference Ordinance does not apply to this Solicitation. The ordinance can be found at www.cityofgainesville.org. A Local Preference Decision Tree is attached.

Instructions Page | 6

LOCAL PREFERENCE POLICY ORDINANCE 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. Contractor is advised to review the entire text of the LPPO at www.cityofgainesville.org..

Instructions Page | 7

CITY OF GAINESVILLE

GAINESVILLE REGIONAL UTILITIES

PURCHASING DIVISION

DEBARMENT/SUSPENSION/TERMINATION

Debarment/Suspension. The purchasing representative is authorized to suspend a vendor from consideration for award of contracts if there is probable cause to believe that the vendor has engaged in activity which might lead to debarment. The suspension shall be for a period not to exceed three months. After reasonable notice to the vendor involved and reasonable opportunity for that vendor to be heard, the purchasing representative, after consulting with the City Attorney, is authorized to debar a vendor for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. The causes for debarment include:

REJECTION OF BIDS/TERMINATION OF CONTRACT

Previously solicited and/or accepted bids may be rejected or acceptance revoked prior to beginning of performance upon discovery by GRU that the bidder or its affiliates have committed any act which would have been cause for debarment, or were on the convicted vendor list prepared under the provisions of F.S. 287.133, as amended, at or prior to the acceptance of the bid.

If GRU discovers, after a contract is awarded and performance has begun, that the bidder or its affiliates have committed any act subsequent to or prior to award or acceptance which would have been cause for debarment had it been discovered prior to award or acceptance, GRU may consider such to be a material breach of the contract and such shall constitute cause for termination of the contract.

Instructions Page | 8 I

REV 8/20/10

FORMS

SOLICITATION NUMBER 2017-060 FOR ELECTRICAL CONTRACTOR GSA

[Remainder of page intentionally left blank] Forms-Page | 1 I

CONTRACT SAMPLE

CONTRACT BETWEEN THE CITY OF GAINESVILLE, d/b/a

GAINESVILLE REGIONAL UTILITIES, AND COMPANY NAME

FOR

TITLE GENERAL SERVICE AGREEMENT FOR WATER AND WASTEWATER ELECTRICAL CONTRACTORS

THIS CONTRACT is made and entered into this 1st day of June, 2017, by and between the CITY OF GAINESVILLE, a Florida municipal corporation d/b/a GAINESVILLE REGIONAL UTILITIES (“GRU”), with offices located at 301 S.E. 4th Avenue, Gainesville, Florida 32601 and __________________ (“____________ ”), a _______ corporation, with its principal place of business at ________________, individually referred to as Party or collectively as Parties, respectively.

WHEREAS, GRU requires electrical contractor services; and

WHEREAS, GRU issued a Solicitation on March 22, 2017 for water and wastewater electrical contractor services; and

WHEREAS, Contractor submitted a Response dated ____________, to provide electrical contracting services; and

WHEREAS, GRU desires to enter into a Contract for the services described herein.

NOW, THEREFORE, in consideration of the covenants contained herein, the Parties agree to the following:

TERM OF AGREEMENT.

1. The term of this Contract shall be three (3) years, commencing on June 1, 2017 and terminating on May 31, 2020.

2. This Contract may be extended for two (2) years, upon mutual agreement of the Parties.

3. Beyond the extensions described above. This Contract may be extended for an additional six (6) months to allow for completion of a new agreement between the Parties.

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written in two (2) counterparts, each of which shall without proof or accounting for the other counterparts be deemed an original contract.

CITY OF GAINESVILLE d/b/a

COMPANY NAME GAINESVILLE REGIONAL UTILITIES

Utilities Purchasing Representative:

James Frampton CPPB Senior Buyer

Approved as to form and legality:

SOLICITATION NO. 2017-060 FOR Electrical Contractor GSA

RESPONDENT’S CERTIFICATION

NAME OF CORPORATION, PARTNERSHIP, OR INDIVIDUAL:

PHYSICAL ADDRESS:

FEDERAL IDENTIFICATION #: STATE OF INCORPORATION: (Seal)

I have carefully reviewed this Solicitation including the scope, submission requirements, general information, and the evaluation and award process.

I acknowledge receipt and incorporation of the following addenda, and the cost, if any, of such revisions has been included in the pricing provided.

Addenda through acknowledged (if applicable).

I further acknowledge that: Response is in full compliance with the specifications; or Response is in full compliance with the specifications except as specifically stated and explained in detail on sheets attached hereto and labeled "Clarifications and Exceptions".

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.

PRINT NAME TITLE NAME

TELEPHONE NUMBER FAX NUMBER TITLE

E-MAIL ADDRESS PHONE

WEBSITE E-MAIL ADDRESS

If Respondent is not an individual, include authorization for the above individual to sign on behalf of the organization.

GAINESVILLE REGIONAL UTILITIES / PURCHASING

GAINESVILLE REGIONAL UTILITIES / PURCHASING

Solicitation Number 2017-060 For Electrical Contractor GSA

DRUG-FREE WORKPLACE CERTIFICATION FORM

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 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.

AUTHORIZED SIGNATURE

LIVING WAGE ORDINANCE DECISION TREE

Solicitation Number 2017-056 For Electrical Contractor GSA

Contractor Name: __________________________________________________

While not all encompassing, the following is provided as a guideline for ____________s in determining whether the City of Gainesville Living Wage Ordinance (LWO) applies to their firm in the performance of specified service contracts for covered services* with GRU. ____________ is advised to review the entire text of the LWO at www.cityofgainesville.org .

*Covered Services: food preparation and/or distribution; custodial/cleaning; refuse removal; maintenance and repair; recycling; parking services; painting/refinishing; printing and reproduction services; landscaping/grounds maintenance; agricultural/forestry services; and construction services

(Use the flow chart and information above to help complete the remainder of the form below) Living Wage Ordinance as amended does not apply Reason for Exemption:

_____Service will not exceed $100,000 _____Not a covered service _____Company is not for profit _____Company is located in Enterprise Zone _____Company employs less than 50 persons _______ Living Wage Ordinance as amended applies

If the Living Wage Ordinance applies, indicate additional costs included in the Response price $___________________.

NOTE: If Contractor has stated Living Wage Ordinance as amended does not apply and it is later determined that Living Wage Ordinance as amended does apply, Contractor will be required to comply with the provision of the City of Gainesville’s living wage requirements, as applicable, without any adjustment to the Response price.

Solicitation Number 2017-060 For Electrical Contractor GSA

CITY OF GAINESVILLE

GAINESVILLE REGIONAL UTILITIES

CERTIFICATION OF COMPLIANCE WITH LIVING WAGE

The undersigned hereby agrees to comply with the terms of the Living Wage Ordinance and to pay all covered employees, as defined by City of Gainesville Ordinance 020663 as amended, during the time they are directly involved in providing covered services under the contract with the City of Gainesville for _____________________________________________________ a living wage of $11.8269 per hour to covered employees who receive Health Benefits from the undersigned employer and $13.08 per hour to covered employees not offered health care benefits by the undersigned employer.

Responder Name: ________________________________________________

Physical Address: ________________________________

Phone Number: _______________________________________________

Name of Local Contact Person: _________________________________________

Physical Address: _____________________________________________________

Phone Number: _______________________________________________

Signature: _________________________________________

Date: _____________________________________________

Printed Name: ______________________________________

Title: ______________________________________________

PRICING RESPONSE FORM

· Above rates must include all wages, benefits, profit, and other costs.

· List tools and equipment (e.g., service truck) furnished as part of hourly labor rates:

· Provide rate sheet for additional commonly used tools and equipment not included in hourly rates:

· Provide standard mobilization time for service or emergency work:

· Additional charge for Emergency work (<24 hour M-F notification):

· Provide list of holidays for the purposes of premium pay:

· Provide list of working hours (8 and 10 hour days, as applicable) and basis for determining type of time charged.

MARKUPS

NON SUBMITTAL FORM

Fax: (352) 334-2989 Email: purchasing@gru.com

BUSINESS:

ADDRESS:

CONTACT:

PHONE:

EMAIL:

DATE:

Business declines to respond to the referenced Solicitation for the following reason(s):

_____ Do not offer product or service or product specified.

_____ Schedule conflict or unavailability.

_____ Insufficient time to respond to the Solicitation.

_____ Unable to meet specifications.

_____ Unable to meet the insurance requirements.

_____ Unable to meet bond requirements.

_____ Not interested at this time.

_____ Other _________________________________________________________________

Please consider business for future solicitations: yes ___ no ___

Please consider business on solicitations for these products/services:

Comments:_____________________________________________________________________

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ATTACHMENT 1

GENERAL TERMS AND CONDITIONS

1.0 DEFINITIONS.

· Agreement: A written Contract between two or more Parties. “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 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.

2.0 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.

3.0 CHANGE ORDERS.

GRU shall pay Contractor for the Work at the price[s] stated in this Contract. No additional payment will be made to Contractor 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. 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.

4.0 NOTICES.

Notices to Contractor shall be deemed to have been properly sent when electronically or physically delivered to Contractor. 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 purchasing@gru.com and GRU acknowledges receipt of the email.

5.0 PAYMENT.

5.1 Invoicing.

Contractor is responsible for invoicing GRU for Work performed pursuant to this Contract. Itemized invoice(s) must be mailed to Gainesville Regional Utilities, Accounts Payable, P.O. Box 147118, Station A-27, Gainesville, FL 32164-7118 or faxed to 352-334-2964 or e-mailed to accountspayable@gru.com.

5.2 Required Information.

Contractor’s 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.

5.4 Lien Release.

Before the final acceptance of the Work and payment by GRU, Contractor 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 under this Contract until the liability has been discharged.

5.5 Final Payment/Acceptance.

The acceptance by Contractor 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, its successors or assigns have or may have against GRU under the provisions of this Contract.

6.0 COMPLIANCE WITH LAWS AND REGULATIONS.

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

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

This Contract shall be 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 agrees to indemnify GRU as described above in Section 4.0 Supplemental Conditions, including any appeals; and (3) for civil proceedings, the Parties hereby waive the right to jury trial.

8.0 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.

9.0 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.

10.0 ASSIGNMENT.

GRU or Contractor shall not assign, in whole or in part, any right or obligation pursuant to this Contract, without the prior written consent of the other Party.

11.0 AUDIT OF RECORDS.

Contractor 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.

12.0 NONEXCLUSIVE REMEDIES.

Except as expressly set forth in this Contract, the exercise by either Party of any of its remedies under this Contract shall be without prejudice to its other remedies under this Contract or otherwise.

13.0 ADVERTISING.

Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from GRU, including but not limited to, mentioning the Contract in a press release or other promotional material, identifying GRU or the City as a reference, or otherwise linking Contractor’s name and either a description of the Contract or the name of the City or GRU in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative.

14.0 MODIFICATION OF TERMS.

This Contract constitutes the entire agreement between the Parties. No oral agreements or representations shall be valid or binding upon GRU or Contractor. No alteration or modification of this Contract, including substitution of product, shall be valid or binding unless authorized by GRU. Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto Contractor’s order or fiscal forms or any other documents forwarded by Contractor for payment. An acceptance of product or processing of documentation on forms furnished by Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

15.0 WAIVER.

Any delay or failure by GRU to exercise or enforce any of its rights pursuant to this Contract shall not constitute or be deemed a waiver of GRU’s right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.

16.0 DISCLOSURE AND CONFIDENTIALITY.

16.1 "Confidential Information" includes, to the extent such information is defined pursuant to Sections 119.07 and 812.081, Florida Statutes, as trade secrets, confidential, or otherwise exempt from the Florida Public Records Law. “Confidential Information” that is marked as “confidential” upon receipt, may include, but not limited to, certain information about GRU's operations, specifications, formulas, codes, software, hardware, intellectual properties, and other confidential and…