ITB 2026-107

ANNUAL PROVISION OF POLYETHYLENE GAS PIPE

Gainesville Regional Utilities

301 SE 4th Avenue

Gainesville, FL 32601

Attachments:

A - P-28.00 B - P-28.05 C - Contract_Sample_Document

1. Instructions

It is the bidders responsibility to read and understand all instructions in this section.

1.1. Definitions 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..

• 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.

1.2. Responsible/Responsive Bidder

A responsible bidder has the capability to perform the contract requirements in all respects, including the experience, integrity, reliability, capacity, facilities, equipment, and good credit, which will help assure good faith performance. A bidder’s qualifications may be considered in making an award recommendation. GRU has the right to verify the qualifications of a bidder as GRU deems appropriate either before or after the bid opening.

A responsive bidder has submitted a bid which fully conforms in all material aspects to the solicitation’s requirements, as determined solely by GRU. “Material” aspect refers to factors of importance which help to ensure that the bidder will adequately comply with the prerequisites of the solicitation by performing the work in the manner specified, or providing equipment or goods meeting specifications.

If GRU determines either that a bidder is not responsible, or the bid submitted is nonresponsive, written notice will be sent by the Purchasing representative to the bidder, setting forth the basis of the finding.

The failure of a bidder to promptly supply such information to support their company’s capabilities as may be requested by the Purchasing representative may be grounds for GRU to determine that the

Invitation To Bid #ITB 2026-107 Title: ANNUAL PROVISION OF POLYETHYLENE GAS PIPE bidder is not responsible. Similarly, the failure of a bidder to promptly supply information in connection with an inquiry may be grounds for a determination of non-responsiveness.

GRU may, in the exercise of its sole discretion, require a prequalification process in connection with any bid. In such case, a prequalification form is sent to bidders to complete which helps GRU assess the bidder’s qualifications and experience. Bidders are notified whether or not they qualify to participate in the solicitation. The form may also be modified for submittal with the bid response based on the type of goods or services needed. If a prequalification process is not used, GRU may also elect to award the solicitation based on an evaluated process.

1.3. Notice

SOLICITATION FOR: ANNUAL PROVISION OF POLYETHYLENE GAS PIPE

SOLICITATION NO.: ITB 2026-107

CLOSING DATE AND TIME: Thursday, September 3, 2026 at 12:00 am

GRU NEEDS: Gainesville Regional Utilities (GRU) is seeking to procure ANNUAL PROVISION OF

POLYETHYLENE GAS PIPE

WHERE TO SUBMIT BIDS: Bids shall be submitted online on the OpenGov website prior to the closing date and time. OpenGov can be accessed by the following: https://produrement.opengov.com/signup

BID BOND REQUIRED: No

1.4. Timeline

Release Project Date: July 31, 2026

Question Submission Deadline: August 27, 2026, 12:00am

Response Submission Deadline: September 3, 2026, 12:00am

Intent to Award: September 7, 2026

1.5. Questions & Answers Process

Questions are to be submitted to the https://procurement.opengov.com/portal/gru/projects/286638 portal no later than Thursday, August 27, 2026 at 12:00 am.

Respondents 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. All answers to inquiries will be posted on GRU e-Procurement Portal. Respondents shall click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the respondent to check the website for answers to inquiries.

Addenda Notification and Acknowledgement Addenda Notification:

Respondents are required to register for an account via GRU e-Procurement Portal hosted by OpenGov.

Once the respondent 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 respondent to periodically check the site for any addenda at https://procurement.opengov.com/portal/GRU.

https://produrement.opengov.com/signup https://procurement.opengov.com/portal/gru/projects/286638 https://procurement.opengov.com/portal/GRU

1.6. Contact Information

The contact for this project is Robbin Odowski. Procurement Specialist III can be reached at (352) 393- 1209 or odowskirr@gru.com.

1.7. Solicitation Response

Bids may be received up to but no later than 12:00 am on Thursday, September 3, 2026 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.

Responses will be electronically unsealed and 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 GRU Procurement.

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.

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/286638

1.8. Mandatory Pre-Bid Meeting

A mandatory meeting will be held on NO VALUE beginning at NO VALUE at NO VALUE. Those interested in attending the Pre-Bid/Proposal Meeting must inform the Procurement Specialist III. Those needing special accommodations must contact the GRU Representative at least two (2) business days prior to the scheduled meeting. Responses will only be accepted from companies that had a representative in attendance at the Pre-Bid/Proposal meeting. The purpose of a mandatory or non-mandatory pre-bid meeting is to help potential bidders to determine if they are capable of performing the work.

Attendees must show government-issued photo identification (driver’s license) for entry into secured facilities.

Representatives arriving to the Pre-Bid/Proposal Meeting more than N/A minutes late will not be allowed to participate in the meeting.

Personal protection equipment will be required for site visit (hard hat, closed shoes, mask, hearing protection, etc.) GRU will not furnish these items.

1.9. Non-Mandatory Pre-Bid Meeting

A non-mandatory meeting will be held on NO VALUE beginning at NO VALUE at NO VALUE. Those interested in attending the Pre-Bid/Proposal Meeting must inform the Procurement Specialist III. Those needing special accommodations must contact the GRU Representative at least two (2) business days prior to the scheduled meeting. The purpose of a mandatory or non-mandatory pre-bid meeting is to help potential bidders to determine if they are capable of performing the work.

Attendees must show government-issued photo identification (driver’s license) for entry into secured facilities.

Representatives arriving to the Pre-Bid/Proposal Meeting more than N/A minutes late will not be allowed to participate in the meeting.

Personal protection equipment will be required for site visit (hard hat, closed shoes, mask, hearing protection, etc.) GRU will not furnish these items.

1.10. Examination of Solicitation Documents and Work Site

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 Procurement Representative of all conflicts, errors or discrepancies in the Solicitation.

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.

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

1.11. References

A contact person listed as a reference shall be someone who has personal knowledge of the Firm's performance for the specific project listed. The contact person shall have been informed that they are being used as a reference and that GRU may be contacting them. The references shall be a principal, owner or a representative of the owner of the project that is listed by the Firm in its list of prior experience. Contractors or sub-contractors who will provide services for the Project shall not be accepted as references. Do not list principals or officers who will not be able to answer specific questions regarding the projects listed under prior experience. Failure of references listed to respond to GRU's inquiries may negatively impact the responsiveness of the Firm's response to this solicitation.

1.12. Key Personnel

The firm must list in its response, the Project Manager, Project Engineer, Quality Assurance Supervisor and other key personnel that will be assigned to this Project. The listing will need to include their biography, years of service in the industry, years of service with the Firm and their role in the Project.

If this is for engineering services, the Project Manager and Project Engineer must be two different individuals. They shall be a Professional Licensed Engineer in the State of Florida. Other Key Personnel must be clearly identified on the organizational chart submitted with the proposal.

1.13. Selection Process and Recommendation

The Selection Team will evaluate the responses based on the qualifications of the firm, project understanding, qualifications of project personnel and past performance. The Selection Team will then rank the Statement of Qualifications (SOQ) and shortlist the top three (3) responses and conduct oral discussions.

GRU will coordinate with the shortlisted firms a date and time to meet with the Selection Team via Microsoft Team Application.

Based on the oral discussions/interviews, the Selection Team will determine and rank the top three firms in the order of the most qualified to perform the services.

GRU will take the ranking to the GRU Authority for approval to proceed with negotiations of a contract with the top qualified firm.

Upon approval by the Authority, GRU and the most qualified firm will negotiate a contract. In the event GRU and the most qualified firm are not able to reach a successful agreement, GRU will formally terminate the negotiations and proceed to the second most qualified firm. If negotiations fail with the second most qualified firm, GRU will terminate the negotiations and start negotiations with the third most qualified. If negotiations fail with the third most qualified, GRU will conduct additional oral discussions and select additional qualified firms from the initial SOQs received and rank the most qualified and move on with negotiations with the fourth most qualified firm and so on with the process as stated above and in accordance with Florida Statute Chapter 287.055.

GRU shall negotiate a contract for the professional services at compensation which GRU determines is fair, competitive, and reasonable. For any lump-sum or cost plus and fixed fee professional services contract, GRU will request the firm to execute a Truth-in-Negotiation Certificate stating that the wage rates and other factual unit costs supporting the compensation are accurate, competitive, and current at the time of contracting.

1.14. Interpretations and Addenda

All questions about the meaning or intent of the Solicitation are to be directed to the Procurement 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 Procurement Representative. Only questions answered by formal written Addenda will be binding.

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

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.

1.15. Response Preparation

a. 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.

b. The Respondent’s Certification Form must be legibly completed in ink (computer printed, typed or handwritten).

o 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.

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

o Respondent must acknowledge receipt of all addenda using the space provided on the

Respondent’s Certification Form.

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

1.16. Price

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.

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.

1.17. Deviations from Specifications

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

Deviations must be explained on a separate page labeled “Exceptions and Clarifications” and included with the Response. Each exception and clarification 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.

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

1.18. Exceptions and Clarifications

While a responsive bid meets all material requirements of the solicitation, GRU may waive non-material requirements. Some requirements cannot be waived without adversely impacting the competitive bid process. If, during bid evaluation, there is any doubt as to the materiality of any exception or clarification, Utilities Procurement and/or the Utilities Attorney shall be consulted before acceptance of a bid. Similarly, a bid will not be rejected without such consultation.

1.19. Distribution of Information

GRU requires electronic submission of bids and proposals. 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.

The OpenGov portal allows the following:

a. Access procurement documents and related information.

b. Receive automatic and instant notifications of government opportunities.

c. Download solicitation documents and specifications online.

d. Submit your bids and proposals online.

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

f. Receive and respond to government requests for quotes immediately.

g. Automatic notification of awards.

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

Ultimately, it is the sole responsibility of each respondent 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.

1.20. Cancellation of Solicitation

Procurement may determine, at its sole discretion, that it is in GRU's best interest to cancel a solicitation before the bid due date, either for the purpose of reissuing the solicitation or because there is no longer the need for the equipment, materials or services. Any responses to the solicitation received by Procurement will not be opened but will be maintained pursuant to the State of Florida’s Records Retention Schedules, as may be modified from time to time.

1.21. Modification or Withdrawal of a Response

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

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

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

b. the nature of the mistake is evident; and

c. the intended pricing is evident.

1.22. Cancellation of Award

Cancellation occurs when an issued purchase order or executed contract is voided, rescinded or terminated, or the delivered goods or work are rejected. If defective goods are received, an order is incorrect, or work is not performed in accordance with specifications, the user department shall contact Procurement before taking any action. In addition, departments must contact Procurement for assistance with canceling any purchase order or contract.

Even after a bid has been awarded, Procurement may cancel the award or executed contract based on a bid error and may take action to reject performance when appropriate. If the contract is canceled at the request of the vendor, the vendor may be required to reimburse GRU for the difference between its bid and the next low bid.

1.23. Bid Bond

A Bid Bond is required. Responses must be accompanied by a Bid Bond using the Bid Bond form provided and made payable to the City of Gainesville, d/b/a Gainesville Regional Utilities, in the amount of five percent (5%) of the price submitted. The Bid Bond amount will be paid to GRU if the successful https://procurement.opengov.com/

Respondent fails to execute a Contract with GRU or accepts the receipt of the purchase order within fifteen (15) calendar days after award notice.

1.24. Commercial Blanket Bond

A Commercial Blanket Bond of $100,000 is required for this solicitation.

1.25. Terms of Award

Award will be made to the lowest, responsive, responsible Respondent.

a. 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.

b. 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.

c. 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.

d. Respondent must sign the Contract, attachments, and required Bonds (if applicable) within fifteen (15) calendar days. GRU will ultimately provide a fully signed contract to the Respondent.

e. 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.

f. 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.

g. Protests in respect to the intended award must be filed within three (3) calendar days of notice of award. It is the Respondent’s duty to be informed of the intended award and GRU’s protest procedures.

1.26. Discussions and Best and Final Officer

It is anticipated that the evaluation committee may have discussions based on written proposals received by responsive Respondents. GRU reserves the right to waive discussions should it be deemed unnecessary.

GRU may, at its sole discretion, conduct a Best and Final Offer (BAFO) round to this solicitation. Should this round be conducted, the Procurement Representative will issue a request to include instructions, deadline, and addenda as applicable.

1.27. Notification of Award

Purchasing will notify bidders of the recommended award of the contract with reasonable promptness.

The notification will be through an award letter, issuance of a purchase order, execution of a contract or other appropriate means of communication. Purchasing will be responsible for obtaining required submittals from the successful bidder such as the insurance certificate, bonds, purchase order acceptance or contract, as required.

1.28. Multiple Awards

If bid documents provide for award to more than one bidder, multiple awards may be made to bidders under one solicitation. The provision to make multiple awards should be considered when it appears likely that the equipment, materials, or services available from a sole bidder will not meet the needs of GRU or it is in the best interest of GRU to purchase from multiple vendors.

1.29. Term of Contract

The term of this Contract shall commence on the October 1, 2026 and terminate on September 30, 2029.

Upon mutual agreement between Parties, this contract may be renewed for one (1) two (2) year period additional years.

Beyond the extensions described above, this Contract may be extended for an additional six (6) months to allow for completion of a new solicitation.

1.30. Lobbying

To ensure fair consideration and consistent and accurate dissemination of information for all proposers, GRU 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 no person may lobby, as defined herein, on behalf of a competing party in a particular procurement process, GRU officials or employees except the Procurement designated staff contact in the Procurement Department. 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 GRU officials and employees, except as authorized by procurement documents.

1.31. Blackout Period

Respondents to this solicitation or persons acting on their behalf may not contact any GRU employee, officer, or board member 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. The only exception is in writing to the Procurement Specialist or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.32. Collusion

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.

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.

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.

1.33. Debarment/Suspension/Termination

The Procurement 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 Procurement representative, after consulting with the GRU 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:

a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract, within five years of a proposed award;

b. Conviction under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a GRU contractor, within five years of a proposed award;

c. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals, within five years of a proposed award;

d. Violation of contract provisions, as set forth below, of a character which is regarded by the

Procurement representative to be so serious as to justify debarment action, within five years of a proposed award:

i. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

ii. A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.

e. For any provision of, or offer, gift or agreement to provide, any gratuity, kickback or offer of employment to any current or former GRU employee in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase requisition, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal, within three years of a proposed award;

f. For any payment, gratuity, kickback or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order, within three years of a proposed award;

g. For retaining a person or soliciting or securing a GRU contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business, within three years of a proposed award;

h. During the period of a contract with GRU, employing, or offering employment to, any current

GRU employee participating directly or indirectly in the procurement process, within three years of a proposed award;

i. Any other cause the Procurement representative determines to be so serious and compelling as to affect responsibility as a GRU contractor, including debarment by another governmental entity for any cause listed in this Section.

1.34. 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.

2. Technical Specifications/Scope of Work

2.1. Purpose

GRU is soliciting gas polyethylene pipe in accordance with the attached technical specifications for the purpose of executing an annual contract. The objective of this contract is to generate efficiencies in the supply chain while reducing total cost of ownership through cooperative efforts of GRU and successful supplier(s) and their respective manufacturers

2.2. General Requirements for Contractor

a. All products quoted shall meet the requirements of the Standards and Specifications Divisions

(Attachment 4) for GRU. Contractors shall not quote a product that has not been approved by the appropriate Standards and Specifications personnel prior to receipt of Proposal documents.

b. After award of contract, Contractor shall work with the appropriate Standards and Specifications personnel to approve new products and/or make specification changes with the overall goal of reducing total cost of ownership.

c. The Contractor shall have the ability to deliver materials at mutually agreed upon intervals and to respond to emergency requests as agreed upon.

d. The Contractor shall NOT change the manufacturer of a specific stock item without prior approval in writing from GRU. The request for change must explain in detail the reason(s) for the change.

e. GRU reserves the right to add, modify, or delete items from this contract consistent with the provisioning of gas polyethylene pipe . This action will not require an Amendment to the

Contract, however a written agreement via email between the Authorized Representatives shall be added to the contract file.

2.3. Project Scope and Minimum Requirements

a. Project Scope: GRU is looking for a supplier(s) to enter into a three-year contract to furnish gas polyethylene pipe listed in this ITB. The objective of this contract is to generate efficiencies in the supply chain while reducing total cost of ownership through cooperative efforts of GRU and successful supplier(s) and their respective manufacturers.

b. Value Engineering: Contractor(s) and GRU are encouraged to identify ways to reduce total costs related to gas polyethylene pipe provided and may negotiate Contract amendments that support and allow such reductions/enhancements.

c. Quantities: This is a three (3) year contract, with the option to renew for an additional two year period. Quantities indicated on the Pricing Response form represent projected estimated annual usage. The purpose of these quantities is to establish a probable volume and shall not be binding or interpreted as a guaranteed minimum or maximum.

d. Emergency Assistance: If a declared emergency occurs in the area of GRU (hurricane, tropical storm, tornadoes, etc.) during the term of this contract, GRU may request Contractor to supply material on a priority basis to aid in restoration.

e. Specification Revisions: GRU reserves the right to revise its specifications at any time during the contract term and negotiate a price adjustment with the Contractor. GRU will purchase any quantities which the Contractor was previously requested to stock for GRU safety stock. If the

Contractor is unable or unwilling to make such revisions, GRU may terminate the contract upon thirty (30) days written notice.

f. Items Not Covered By Specifications: When GRU requires goods not covered by the specifications herein, the Project Representative may request a written quote for the item(s). GRU may, at its sole discretion, elect to procure those goods from the Contractor in accordance with this contract, or may elect to procure them elsewhere. If the Project

Representative elects to procure the item(s) from the Contractor, a separate purchase order will be issued.

g. Stock Levels: GRU may establish stocking levels for certain critical items if it determines to be in

GRUs best interest. Pricing will be negotiated at the time of this request.

h. Defective Or Unsatisfactory Materials: If any item proves unsatisfactory or defective in workmanship and/or material, product will be returned freight collect and undelivered balances will be cancelled.

i. Over Shipment: Over shipments and duplicate shipments will not be accepted unless prior written approval has been received from the Procurement Division.

j. Non-Performance of Successful Bidder. In the event of non-performance by the successful bidder, the effect of which would cause a hardship upon GRU, GRU has the right to make purchases from other qualified bidders outside of this contract.

2.4. Delivery

a. Delivery shall be on an as-needed basis. Orders will be placed by issue of a purchase order.

b. Contractor is expected to maintain an on time delivery ration of 95% or better.

c. Vendor must indicate on the price form the lead time from receipt of purchase order to receipt of goods at the GRU warehouse.

d. Vendor must indicate on the price form any minimum release requirements.

e. All materials and equipment will be delivered F.O.B. Destination, freight included to GRU dock.

3. General Terms and Conditions

3.1. Definitions

• Agreement: A written Contract between two or more Parties [“GRU” and “Supplier”]. “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 Supplier 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.

3.2. 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 the Contract or Purchase Order. The specifications used must be the latest published edition that is in effect on the effective date of the Contract or Purchase Order unless a particular edition is specified. In the event of a conflict, the specifications that contain the more stringent requirements will govern.

3.3. Change Orders

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

• made in writing;

• signed by the authorized representative(s), and

• accepted by Supplier

Change orders may constitute changes to the following:

• Statement of Work,

• Schedule

• administrative procedures not affecting the conditions of the Agreement, or

• the Agreement price

3.4. Notices

Notices to Supplier shall be deemed to have been properly sent when delivered to Supplier's physical address and/or email.

Notices to GRU are deemed to have been properly sent when emailed to purchasing@gru.com, mailed to P.O. Box 147117 Station A105, Gainesville, FL 32614 or delivered to Utilities Procurement Division, 301 SE 4th Avenue, Gainesville, Florida 32601 and GRU acknowledges receipt.

3.5. Compliance with Laws and Regulations

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

3.6. 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 :

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

• each Party shall bear its own attorneys’ fees except to the extent that Contract agrees to indemnify GRU as described in Supplemental Conditions, including any appeals; and

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

3.7. e-Verify

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

• the Supplier 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 Supplier during the term of this Agreement; and

• the Supplier 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.

3.8. 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.

3.9. 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.

3.10. Assignment

GRU or Supplier 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.

3.11. Audit of Records

Supplier 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.

3.12. 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.

3.13. Advertising

Supplier 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 as a reference, or otherwise linking Supplier’s name and either a description of the Contract or the name of the 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.

3.14. 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 Supplier. No alteration or modification of this Contract, including substitution of product, shall be valid or binding unless authorized by GRU. Supplier 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 Supplier’s order or fiscal forms or any other documents forwarded by Supplier for payment.

An acceptance of product or processing of documentation on forms furnished by Supplier for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

3.15. 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.

3.16. Disclosure and 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 records 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 119.0715, Florida Statutes (Trade Secrets Held by an Agency), exempts trade secrets from release as a public record, but also provides that public employees cannot be held liable if they, acting in good faith, release a public record that contains a trade secret. 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 as such by a court of law. Accordingly, the following provisions shall apply:

• Identifying Trade Secret or Otherwise Confidential and Exempt Information. For any records or portions thereof that Supplier claims to be a Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, Supplier shall:

o 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. Supplier shall take care to redact only the confidential and exempt information within a record.

o Provide an affidavit or similar type of evidence that describes and supports the basis for

Supplier’s claim that the information is confidential and exempt from public disclosure.

Request for Trade Secret or Otherwise Confidential and Exempt Information.

• In the event GRU receives a public records request for a record with information labeled by

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

• However and notwithstanding the above, in the event that GRU in its sole discretion finds no basis for Supplier’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then GRU shall notify Supplier in writing of such conclusion and provide Supplier 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 Supplier fails to file for declaratory action within the reasonable amount of time provided, then GRU will disclose the information requested.

• If a public records lawsuit is filed against GRU requesting public disclosure of the information labeled by Supplier as Trade Secret or otherwise as confidential and exempt, GRU shall notify

Supplier and Supplier shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

• Supplier 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 Supplier’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.

“Work Product" may include creative work which may lead to programs, intellectual properties, computer software, computer programs, codes, text, hypertext, designs, and/or any other work products associated with or arising directly out of the performance of the Work.

3.17. Public Records

If Supplier is either a “contractor” as defined in Section 119.0701(1)(a), Florida Statutes, or an “agency” as defined in Section 119.011(2), Florida Statutes, Supplier shall:

• Keep and maintain public records, as defined in Section 119.011(12) of the Florida Statutes, required by GRU to perform the service.

• Upon request from GRU’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

• Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the

Contract term and following completion of the Contract if the Supplier does not transfer the records to GRU.

• Upon completion of the Contract, transfer, at no cost, to GRU all public records in possession of the Supplier or keep and maintain public records required by GRU to…