DRAFT_GENERAL_SERVICE_AGREEMENT_(GSA)_FOR_INSTRUMENTATION_&_CONTROLS_(Addendum_#1_Revision).pdf

GENERAL SOLICITATION DOCUMENT

RFSQ-2024-104

DRAFT GENERAL SERVICE AGREEMENT (GSA) FOR

INSTRUMENTATION & CONTROLS

Gainesville Regional Utilities

301 SE 4th Avenue

Gainesville, FL 32601

RELEASE DATE: September 5, 2024

DEADLINE FOR QUESTIONS: September 12, 2024

RESPONSE DEADLINE: October 3, 2024, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

1. INTRODUCTION

1.1. Summary

Gainesville Regional Utilities (GRU) desires to establish General Service Agreements with multiple instrumentation and controls companies to complete emergent, emergency or time critical work, and other projects in the energy supply, energy delivery, water and wastewater, and other GRU business systems. These contracts would have pre-determined billing rates and a set mark-up of materials, rental equipment and sub-contractor services, if required.

1.2. Contact Information

Zoe King

Procurement

301 SE 4th ave

Gainesville, FL 32601

Email: kingsl@gru.com

Phone: (352) 393-1251

Department:

Water/Wastewater

1.3. Timeline

Release Project Date September 5, 2024

Question Submission Deadline September 12, 2024, 4:30pm

Question Response Deadline September 17, 2024, 4:30pm

Proposal Submission Deadline October 3, 2024, 12:00pm

Evaluation of Responses October 4, 2024, 4:00pm

Evaluation of Oral Discussions/Interviews October 7, 2024, 11:30am Agenda

VIA TEAMS

Join the meeting now

Meeting ID: 280 248 476 952

Passcode: 4VzfxS

Contractor Selection Date October 1, 2024

2. INSTRUCTIONS

2.1. 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.

mailto:kingsl@gru.com tel:(352)393-1251 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjY0M2VjZmMtMWNlZi00MTQ4LWE4ZTUtYmNhNjExOTM3YmZk%40thread.v2/0?context=%7b%22Tid%22%3a%2283de56eb-708f-4396-8080-81e0e466a6df%22%2c%22Oid%22%3a%22165d2d8e-145a-439c-96b3-77ee0e8305cb%22%7d

General Solicitation Document #RFSQ-2024-104 Title: DRAFT GENERAL SERVICE AGREEMENT (GSA) FOR INSTRUMENTATION & CONTROLS

• 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.

2.2. AUTHORIZED PROCUREMENT REPRESENTATIVE

The Procurement Representative for this Solicitation/Contract is Zoe King. 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.

2.3. EXAMINATION OF SOLICITATION DOCUMENTS AND WORK SITE

a) 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.

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

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

2.4. INTERPRETATIONS AND ADDENDA

a) 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.

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

c) 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.

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

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

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

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

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

2.6. SELECTION PROCESS AND RECOMMENDATION

a) The Selection Team will evaluate the responses based on the pricing response, insurance experience modification rate letter, contract approach, qualifications of the firm, project understanding, qualifications of project personnel and past performance. The Selection Team will then rank the Statement of Qualifications (SOQ) responses and conduct oral discussions.

b) GRU's evaluation team will conduct an oral discussion via Microsoft Team Application on September 30th, 2024 at 11:30 a.m.

c) Based on the oral discussions, the Selection Team will determine the most qualified firms to perform the services.

d) Upon completion of evaluation discussions, GRU and the most qualified firms will negotiate a contract. In the event GRU and a qualified firm are not able to reach a successful agreement, GRU will formally terminate the negotiations and proceed to negotiation with the remaining qualified firms in accordance with Florida Statute Chapter 287.055.

e) 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.

2.7. DEVIATIONS FROM SPECIFICATIONS

a) Any deviation from this Solicitation must be provided and explained in detail with the Response. Deviations must be explained on a separate page labeled “Clarifications and Exceptions” and included with the Response.

Each clarification and exception must correspond to the specific referenced section in the Solicitation. Otherwise, the Response will be considered in strict compliance with the Solicitation and the selected Respondent will be held accountable for compliance with the Specifications.

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

2.8. DISTRIBUTION OF INFORMATION

a) 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.

i. Access procurement documents and related information.

ii. Receive automatic and instant notifications of government opportunities.

iii. Download solicitation documents and specifications online.

iv. Submit your bids and proposals online.

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

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

vii. Automatic notification of awards.

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

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

d) 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.

2.9. SOLICITATION RESPONSE

a) Bids may be received up to but not later than 12:00 pm on Thursday, October 3, 2024 via GRU e-Procurement Portal located at https://procurement.opengov.com/portal/GRU. GRU e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. Gainesville Regional Utilities strongly recommends completing your response well ahead of the deadline. By way of the e- Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

b) Responses will be electronically unsealed publicly opened at the time and place indicated in the Solicitation and will be available for inspection upon notice of award or intended Award, or within thirty (30) calendar days after the opening of Responses, whichever occurs first. Prices may be publicly disclosed on GRU’s eProcurement Portal at the sole discretion of GRU Procurement.

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

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

https://procurement.opengov.com/portal/gru/projects/113226

2.10. SUBMITTING QUESTIONS AND RECEIVING RESPONSES

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: 4:30 pm on Thursday, September 12, 2024. All answers to inquiries will be posted on GRU e-Procurement Portal. Respondents shall click “Follow” on this solicitation to receive all email notifications when answers are posted, addenda issued, & other solicitation notices. It is the responsibility of the 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://procurement.opengov.com/portal/GRU https://procurement.opengov.com/ https://procurement.opengov.com/portal/gru/projects/113226 https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/gru/projects/113226 https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/GRU

2.11. MODIFICATION OR WITHDRAWAL OF A RESPONSE

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

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

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

ii. the nature of the mistake is evident; and

2.12. 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.

2.13. BLACKOUT PERIOD

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

2.14. COLLUSION

a) 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.

b) 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.

c) 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.

2.15. DEBARMENT/SUSPENSION/TERMINATION.

Debarment/Suspension. 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:

i. 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;

ii. 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;

https://procurement.opengov.com/portal/gru/projects/113226

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

v. 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:

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

2. 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.

vi. 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;

vii. 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;

viii. 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;

ix. 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;

x. 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.

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 respondent or its affiliates have committed any act which would have been cause for debarment, or were on the convicted vendor list, at or prior to the acceptance of the bid.

If GRU discovers, after a contract is awarded and performance has begun, that the respondent 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.

3. SCOPE OF WORK

3.1. Technical Specifications / Scope of Work

Complete emergent, emergency or time critical work, and other projects in the energy supply, energy delivery, water and wastewater, and other GRU business systems for instrumentation and control systems.

3.2. Contractors Responsibilities

• Instrumentation and controls work may include, but are not limited to:

• Furnishing and installing new instrumentation and Programmable Logic Controllers (PLCs)

• Programming Programmable Logic Controllers (PLCs)

• Programming of Human Machine Interfaces (HMI) and Operator Interface Terminal (OIT)

• In plant SCADA networking

• Demolition and disposal of existing facilities and equipment

• Staff Supplement

• Supply control panels as specified by GRU

• Troubleshoot and repair of control systems

• Instrumentation installation, modification, and repair

• Furnish, fabricate, and install electrical and instrumentation panels

• Documentation of existing and as-built electrical wiring

• Other services related to instrumentation and controls for utility systems

3.3. Safety

Work may be in an industrial environment under various climatic and occupational conditions and may be below grade or at elevations significantly above grade. Contractor shall be subject to GRU's site or department specific procedures (e.g., confined space entry, tag-out procedures).

3.4. Pricing

GRU may elect to seek fixed price proposals/quotes for work from one or more contracted vendors when project clarity of scope and time permits and/or when the dollar amount of the work is expected to exceed a certain threshold.

GRU may elect to conduct work on a time and material basis using the contracted time and material rates when project scope is uncertain and/or there is not enough time to secure a detailed proposal/quote, or the project is considered to be small.

4. 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":

4.1. Pricing Response*

Under the attachments section you will find the Pricing Response Form (attachment A). Download and complete the form. Once completed, upload the form to this question (Pricing Response).

*Response required

4.2. Statement of Qualifications Submittal*

The submittal must be in the following format and limited to 60 pages (8.5”x11”). The response shall be submitted as a single PDF file with each of the items in the list below in a separate bookmarked and named tab (e.g., “Tab 1 – Project Understanding”). Please do not include in the submittal non-project specific marketing documents. Section dividers will not accrue against page count. *

a. Firm Overview: High-level discussion of firm’s capabilities, experiences, and background.

b. Project Understanding: Describe firm’s understanding of the objectives and scope of the requested services, as well as discussion of project execution challenges within the current market & regulatory environment and significant execution risk factors for GRU's consideration.

c. Proposed Project Staff: Identify the key personnel who will be directly assigned to primary areas. State the qualifications and related experience of each member of the proposed project team. Include qualification information similar to that contained in GSA SF 330 including information on each member for the project. As there may be differing personnel depending upon prime mover selection, clearly identify technology dependent personnel. Proposed project staff may not subsequently be substituted other than due to departure from the firm or with the written permission from GRU.

d. Qualifications of Firm: Provide pertinent information about the firm and related experience with primary areas.

In addition, the firm should identify its total number of technical and professional personnel by discipline and training and further describe the workload during the period. Indicate what resources (including professional and technical time) the firm will have available to allocate to the project within the primary areas.

e. Insurance: Firm shall provide a certificate of insurance evidencing their general liability, automobile and worker’s compensation insurance coverages and amounts.

*Response required

4.3. Respondent Certification Form*

Please download the below documents, complete, and upload.

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

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

I further certify that this Response is made without prior understanding, agreement, connection, discussion, or collusion with any other person, company or corporation submitting an offer for the same product or service; and the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained."

• RESPONDENT_CERTIFICATION_FO...

*Response required

4.4. Drug-Free Workplace Certification Form*

Please download the below documents, complete, and upload.

"Preference may be given to a business that certifies that it has implemented a drug-free workplace program. Pursuant to Section 287.087, Florida Statutes, whenever two or more competitive solicitations that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie responses will be followed if none of the tied providers has a drug free workplace program. In order to have a drug-free workplace program, a business shall:

a. 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.

b. 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.

c. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection (1).

d. 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 https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/b57235e3-927c-45ce-a6df-232bc1f6a1cc_RESPONDENT_CERTIFICATION_FORM.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4NZMZS6OX%2F20240925%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240925T192257Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjELv%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIAY7FB2gQCd%2FAKNFqj9849IQyASKkmnDcaTDV2vpSHQaAiADAmRAz4J%2FR8FoVg6ryiEjVzlYttYPCxB7in3ArTjfOSqMBQj0%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIMJmG%2FT3Ky0%2FJKyWd1KuAEJAyO9s8Fn7AgmxUizz6twhVdqVzC2yGxLuq%2B7QJJB2eKj%2BQE1Z45bpNeXRx6I8EHu7CMFIk%2BNcsMuhGeXQW8yj%2BX625PGsFZH9VgfhVU2qearYNkqZTRLzJFgMEu2HKdNqNMCumxvB9HUMGsgs1Qe17TEDrZ6Vd1GEuNCXCUtHjLd1xXz6ZaZc1osnAzIFN09Jc7BxON0J9QZbS2pUs0YEECFcTruf3n5cyWlSrh8VfFHYznb5WHy508FOAnwCHiifwtO3Jq6jCAA2O6j3dqt1Pr5zoM%2B14fL%2FYPF3ejZ84BIM5WC%2F%2BaYoS%2BZNf3wXXef4E1ANDK0ci5TE6TUMipX4Ux60FprKVvwTtO09a6ZmxoboNEfafgzloSJrjuGcc2mAIwknIExyWH5Df6DzBRmYgDP8ee0%2F0neJl%2BRTt%2FE5R1cOtrbaeS3Zn4xy9UoCPXmEdr5Mybrf796XXr28CvVfwEItuslRnH94tWbJDz2MUe%2FwBloLo%2FJRKUnicmD2fWrsyOOvubgB8CnqTmt6mWN1i%2BDqiIEJONF8F%2FRgK6nUDgRuUN8RKRgXZxhVyQSfk3Ez0kMoPjEKdG%2F%2BPScNEwOZlVTkRhORkNK52b7OzqWiAw8sVpStRHxXUDeBxFty%2BX4C2KK5rfXAF5uHgtawFjn4bMgNoIJb%2B6lxH6HrABhWSAfDujZ3OjUN0iZ6iK6Yox92aoXR7QIMtNOSTeDugz2aBkfny72qHD%2BOYBXFvvPo0r%2FOJCETdOt7NlbS3%2Ft4Kj%2Fn0U4GW9EtFvESnraRWAXMI5bF7bPup8WmiXfZIqExcwyMLRtwY6nAGXpfQO03Zhv2fFR8aSpffNGt3A2AzK0c99m3EDWaQwcS%2B%2BLMzZopFRT1Ebmuim60eJc2oLfTHb5lbP6%2FD2W1oznQ%2BASlFI590ytQUiKOtlG4mqNGevW%2Ffp4ZoTKmg%2BfLqskz5EGf4dvk3fbY%2FN6wNA9X20w5u%2BH8F1WLu34J7%2BVe7oiZ4yUY3es4nkMu3H%2F819jlIuC1cA9TVTofs%3D&X-Amz-Signature=ea56ae78fc36d7d642c736fb194346d1184926717eb23326ddc9860bd49eb1e5&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22RESPONDENT_CERTIFICATION_FORM.pdf%22&x-id=GetObject 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.

e. 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.

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

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

• DRUG_FREE_WORKPLACE-FF_1.pdf

*Response required

4.5. Do you have any Clarifications and/or Exceptions to this Solicitation?* Any deviation from this Solicitation must be provided and explained in detail with the Response. Deviations must be explained on a separate page labeled “Clarifications and Exceptions” and included with the Response. Each clarification and exception must correspond to the specific referenced section in the Solicitation. Otherwise, the Response will be considered in strict compliance with the Solicitation and the selected Respondent will be held accountable for compliance with the Specifications

☐ Yes

☐ No

*Response required

4.6. Clarifications and Exceptions*

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

*Response required

4.7. Anti-Human Trafficking Affidavit Acknowledgement*

If awarded this contract, please confirm your Company has no objections to signing the Anti-Human Trafficking Affidavit pursuant to Florida State Statutes Section 787.06 (13).

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0787/Sections/0787.06.html

☐ Please confirm

*Response required

5. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Pricing Response Pass / Fail 30 (30% of Total)

2. Insurance Experience Modification Rate Letter Pass / Fail 23 (23% of Total) https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/072f7fce-45fc-476f-918e-09e522dee7e2_DRUG_FREE_WORKPLACE-FF_1.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4NZMZS6OX%2F20240925%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240925T192257Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjELv%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIAY7FB2gQCd%2FAKNFqj9849IQyASKkmnDcaTDV2vpSHQaAiADAmRAz4J%2FR8FoVg6ryiEjVzlYttYPCxB7in3ArTjfOSqMBQj0%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIMJmG%2FT3Ky0%2FJKyWd1KuAEJAyO9s8Fn7AgmxUizz6twhVdqVzC2yGxLuq%2B7QJJB2eKj%2BQE1Z45bpNeXRx6I8EHu7CMFIk%2BNcsMuhGeXQW8yj%2BX625PGsFZH9VgfhVU2qearYNkqZTRLzJFgMEu2HKdNqNMCumxvB9HUMGsgs1Qe17TEDrZ6Vd1GEuNCXCUtHjLd1xXz6ZaZc1osnAzIFN09Jc7BxON0J9QZbS2pUs0YEECFcTruf3n5cyWlSrh8VfFHYznb5WHy508FOAnwCHiifwtO3Jq6jCAA2O6j3dqt1Pr5zoM%2B14fL%2FYPF3ejZ84BIM5WC%2F%2BaYoS%2BZNf3wXXef4E1ANDK0ci5TE6TUMipX4Ux60FprKVvwTtO09a6ZmxoboNEfafgzloSJrjuGcc2mAIwknIExyWH5Df6DzBRmYgDP8ee0%2F0neJl%2BRTt%2FE5R1cOtrbaeS3Zn4xy9UoCPXmEdr5Mybrf796XXr28CvVfwEItuslRnH94tWbJDz2MUe%2FwBloLo%2FJRKUnicmD2fWrsyOOvubgB8CnqTmt6mWN1i%2BDqiIEJONF8F%2FRgK6nUDgRuUN8RKRgXZxhVyQSfk3Ez0kMoPjEKdG%2F%2BPScNEwOZlVTkRhORkNK52b7OzqWiAw8sVpStRHxXUDeBxFty%2BX4C2KK5rfXAF5uHgtawFjn4bMgNoIJb%2B6lxH6HrABhWSAfDujZ3OjUN0iZ6iK6Yox92aoXR7QIMtNOSTeDugz2aBkfny72qHD%2BOYBXFvvPo0r%2FOJCETdOt7NlbS3%2Ft4Kj%2Fn0U4GW9EtFvESnraRWAXMI5bF7bPup8WmiXfZIqExcwyMLRtwY6nAGXpfQO03Zhv2fFR8aSpffNGt3A2AzK0c99m3EDWaQwcS%2B%2BLMzZopFRT1Ebmuim60eJc2oLfTHb5lbP6%2FD2W1oznQ%2BASlFI590ytQUiKOtlG4mqNGevW%2Ffp4ZoTKmg%2BfLqskz5EGf4dvk3fbY%2FN6wNA9X20w5u%2BH8F1WLu34J7%2BVe7oiZ4yUY3es4nkMu3H%2F819jlIuC1cA9TVTofs%3D&X-Amz-Signature=5b79598429a30720bda977d464bd8957f6605eabb29df72cb7013e3aca98138f&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22DRUG_FREE_WORKPLACE-FF_1.pdf%22&x-id=GetObject http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0787/Sections/0787.06.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0787/Sections/0787.06.html

3. Company Profile with Staff Resumes &

Certifications Pass / Fail 22

(22% of Total)

4. Project References for Similar Projects and

Work

Provide at least three references with current contract information for Similar Projects and Work

Pass / Fail 15 (15% of Total)

5. Contract Approach

Is the Respondent's response in full compliance with the specifications? If not, are the Respondent's Clarifications and or Exceptions agreeable for GRU's legal and Business units?

Pass / Fail 10 (10% of Total)

6. GENERAL TERMS AND CONDITIONS

6.1. DEFINITIONS

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

6.2. NOTICES.

Notices to Contractor shall be deemed to have been properly sent when delivered to Contractor physical address and 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 Department, 301 SE 4th Avenue, Gainesville, Florida 32601 and GRU acknowledges receipt.

6.3. 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.

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

This Contract shall be governed and construed pursuant to the laws of Florida and may not be construed more strictly against one party than against the other. In the event of any legal proceedings arising from or related to this Contract: (1) venue for any state or federal legal proceedings shall be in Alachua County Florida; (2) each Party shall bear its own attorneys’ fees except to the extent that Contractor agrees to indemnify GRU as described in Supplemental Conditions, including any appeals; and (3) for civil proceedings, the Parties hereby waive the right to jury trial.

mailto:purchasing@gru.com

6.5. VERIFICATION OF EMPLOYEES

The Contractor shall comply with all applicable requirements of Section 448.095, Florida Statutes, including but not limited to: (1) the Contractor shall register with and use the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees of the Contractor during the term of this Agreement; and (2) the Contractor shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise register with and use the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees of the subcontractor during the term of this Agreement. Section 448.095, Florida Statutes, states the statute must be construed in a manner that is fully consistent with any applicable federal laws or regulations, and therefore this section does not apply to this Agreement to the extent that this section would be inconsistent with any federal laws or regulations that are applicable to this Agreement.

6.6. 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.

6.7. 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.

6.8. ASSIGNMENT

GRU or Contractor 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.

6.9. 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.

6.10. 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.

6.11. 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 as a reference, or otherwise linking Contractor’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.

6.12. 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.

6.13. 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.

6.14. DISCLOSURE AND CONFIDENTIALITY

a). 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 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

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

i. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted.

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

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

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

i. In the event GRU receives a public records request for a record with information labeled by Contractor as Trade Secret or otherwise as confidential and exempt, GRU will provide the public record requester with the redacted copy of the record and will notify Contractor of the public records request.

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

iii. If a public records lawsuit is filed against GRU requesting public disclosure of the information labeled by Contractor as Trade Secret or otherwise as confidential and exempt, GRU shall notify Contractor and Contractor shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

iv. Contractor hereby indemnifies and holds GRU, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with Contractor’s claim that any information it provided to GRU is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public Records Law.

b). “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.

6.15. PUBLIC RECORDS

If Contractor 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, Contractor shall:

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

2. 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.

3. 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 contractor does not transfer the records to GRU.

4. Upon completion of the contract, transfer, at no cost, to GRU all public records in possession of the contractor or keep and maintain public records required by GRU to perform the service. If the contractor transfers all public records to GRU upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to GRU, upon request from GRU’s custodian of public records, in a format that is compatible with the information technology systems of GRU.

5.5. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, AS TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS AGREEMENT, CONTACT THE GRU CUSTODIAN OF PUBLIC

RECORDS AT 352-393-1211, PUBLICRECORDSREQUEST@GRU.COM , PO Box 147117, STATION E3E, GAINESVILLE, FL 32614.

6.16. ANTI-DISCRIMINATION

Contractor shall not discriminate on the basis of race, color, religion, sex, gender, national origin, marital status, sexual orientation, age, disability or gender identity, or other unlawful forms of discrimination in the performance of this Contract. Contractor understands and agrees that a violation of this clause shall be considered a material breach of this Contract and may result in termination of the Contract. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

6.17. CAPTIONS AND SECTION HEADINGS

Captions and section headings used herein are for convenience only and shall not be used in construing this contract.

6.18. COUNTERPARTS

This agreement may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument.

6.19. PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL, OR IDEOLOGICAL

INTEREST IN GOVERNMENT CONTRACTING

In accordance with Section 287.05701(2)(a), F.S. (2023), GRU may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor, and may not give preference to a vendor based on the vendor's social, political, or ideological interests.

6.20. ATTACHMENTS

All exhibits attached to this contract are incorporated into and made part of this contract by reference.

7. SUPPLEMENTAL CONDITIONS

mailto:PublicRecordsRequest@GRU.com

These Supplemental Conditions amend or…