Gasoline_and_Diesel_Fuel_(Addendum_#2_Revision).pdf
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- Attached to
- Gasoline and Diesel Fuel
- Solicitation number
- RTSX-270001-DS
- Issued by
- Alachua County, Graceville City, Florida
About this file
This is an Invitation to Bid (ITB) addendum issued by the City of Gainesville's Regional Transit System (RTS) for the procurement of gasoline and diesel fuel. The solicitation seeks qualified fuel suppliers to provide 87 Octane Unleaded Gasoline and #2 Red Dyed Ultra-Low Sulfur Diesel to a single on-site fueling location at 34 SE 13th Road, Gainesville, Florida. Based on historical consumption, RTS anticipates annual requirements of approximately 1 million gallons of diesel fuel and 65,000 gallons of unleaded gasoline, though the City is not obligated to purchase any minimum quantity. The fuel delivery location contains three 20,000-gallon diesel tanks and one 12,000-gallon gasoline tank. All fuel must meet ASTM D975 and D4815 specifications respectively and be delivered between 8:00 a.m. and 4:00 p.m. within 24 hours of order or as scheduled. The solicitation was released on April 3, 2026, with a question submission deadline of April 29, 2026, 11:59 p.m., and a response submission deadline of May 15, 2026, at 3:00 p.m. through the City's OpenGov procurement portal. The contract term is five years, effective October 1, 2026, through September 30, 2031, with no renewal options specified.
Pricing will be determined using the OPIS (Oil Price Information Service) Gross Contract Low price per gallon plus or minus markups (excluding zero markups) for each fuel type and delivery terminal location across the five contract years, with all applicable federal, state, and local taxes added after the base price is established. Colonial Oil Industries is the incumbent fuel supplier, with sample invoices provided for reference showing historical diesel deliveries totaling approximately $120,474 and unleaded gasoline deliveries totaling approximately $54,941. Payment will be made exclusively by electronic fund transfer in accordance with Florida's Local Government Prompt Payment Act with net forty-five-day payment terms. Qualified bidders must have been in the fuel supply business for at least five years, provide evidence of current fuel supplier contracts, demonstrate financial stability, carry appropriate licenses, maintain a fuel spill prevention plan, and furnish at least three business references from current or recent customers. The contract is partially funded by the Federal Transit Administration, requiring compliance with all applicable FTA terms, conditions, civil rights requirements, E-Verify obligations, and anti-human trafficking affidavits. The City's living wage ordinance applies if the contract effective date is on or before September 30, 2026.
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For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofgainesville.org
RTSX-270001-DS
GASOLINE AND DIESEL FUEL
RELEASE DATE: April 3, 2026
RESPONSE DEADLINE: May 15, 2026, 3:00 pm
Please refer to the project timeline in this document for all important deadlines.
Gasoline and Diesel Fuel
Table Of Contents
1. INTRODUCTION
2. DEFINITION OF TERMS
3. SCOPE OF WORK/SPECIFICATIONS
4. TERMS AND CONDITIONS OF SOLICITATION
5. REQUIRED SUBMITTAL DOCUMENTS - FTA
6. AWARD
7. CONTRACT SECTION
8. GENERAL TERMS AND CONDITIONS - ITB (FTA)
9. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIRED CLAUSES
Attachments:
A - Draft Contract B - colonial oil - unleaded - inv. IN28431 - $12071.80 C - colonial oil - unleaded - inv. IN1639827 - $2408.47 D - colonial oil - unleaded - inv. IN-1656728 - $11292.81 E - colonial oil - unleaded - inv. IN-1746379 - $29167.98 F - colonial oil - diesel - inv. IN-1737977 - $28430.95 G - colonial oil - diesel - inv. IN-1738650 - $28069.56 H - colonial oil - diesel - inv. IN-1747666 - $30339.10 I - colonial oil - diesel - inv. IN-1747702 - $33634.78 J - Bid Prices
1. INTRODUCTION
1.1. Summary
It is the intent of the City of Gainesville (“City” or “RTS”) to obtain bid responses for gasoline and diesel fuel for Regional Transit System. Contract is for a five-year term from October 1, 2026, through September 30, 2031.
NOTE: Four invoices/bol each for gasoline and diesel fuel are available under Downloads tab (B-I).
1.2. Background
Gainesville is the largest city and also the county seat of Alachua County. It serves as the cultural, educational and commercial center for the north central Florida region.
The city provides a full range of municipal services, including police and fire protection; comprehensive land use planning and zoning services; code enforcement and neighborhood improvement; streets and drainage construction and maintenance; traffic engineering services; refuse and recycling services through a franchised operator; recreation and parks; cultural and nature services; and necessary administrative services to support these activities. Additionally, the city owns a regional transit system, a municipal airport, a 72-par championship golf course and a utility.
Gainesville is home to Florida's largest and oldest university, and is one of the State’s centers for education, medicine, cultural events and athletics. The University of Florida and UF Health Hospital at UF are the leading employers in Gainesville and provide jobs for many residents of surrounding counties. Known for its preservation of historic buildings and the beauty of its natural surroundings, Gainesville's numerous parks, museums and lakes provide entertainment to thousands of visitors. Because of its beautiful landscape and urban "forest," Gainesville is one of the most attractive cities in Florida.
1.3. Procurement Representative
Daphyne Sesco
Procurement Specialist 3 sescoda@cityofgainesville.org
Respondents shall submit all inquiries regarding this bid via the City of Gainesville Procurement Portal, located at https://procurement.opengov.com/portal/cityofgainesville
Please note the deadline for submitting inquiries. All answers to inquiries will be posted via Addendum on the City of Gainesville Procurement Portal. Respondents shall click “Follow” on this bid to receive an email notification when Addenda are posted. It is the responsibility of the respondent to check the website for answers to inquiries.
1.4. Timeline
https://go-rts.com/ https://www.flygainesville.com/ http://gru.com/ https://procurement.opengov.com/portal/cityofgainesville
Release Project Date: April 3, 2026
Question Submission Deadline: April 29, 2026, 11:59pm
Response Submission Deadline: May 15, 2026, 3:00pm
2. DEFINITION OF TERMS
2.1. DEFINITION OF TERMS
A. 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.
B. Agreement: A written Contract between two or more Parties. “Contract” and “Agreement” are synonymous.
C. Bid: The written response to a Solicitation.
D. CITY: City of Gainesville
E. Cone of Silence: The period between the issue date of the solicitation and the time CITY Officials and
Employees award the contract.
F. Due Date: The date the response is due.
G. Lobbying: When any natural person, for compensation, seeks to influence the governmental decision-making, to encourage the passage, defeat or modification of any proposal, recommendation or decision by CITY officials and employees, except as authorized by procurement documents.
H. Non–Responsive: A response that does not meet the material requirements of the solicitation.
I. Redacted: means that the confidential/proprietary information in the proposal has been obscured so that it cannot be read.
J. Respondent: An individual or business entity that submits a response to a Solicitation.
K. Response: A written document submitted by a Respondent in reply to Solicitation.
L. Responsive: A response that conforms in all material respects to the requirements set forth in the
Solicitation.
M. 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 (ITB), Request for Proposal (RFP), Request for
Quotation Quote), Invitation to Negotiate (ITN) or Request for Statement of Qualifications (RFSQ).
N. Work: Activity involving mental or physical effort done in order to achieve a purpose or result requested in the scope.
O. Unredacted: means that the entire document, including the confidential/proprietary information, has not be obscured and is visible for the evaluation team to use in their evaluation process.
3. SCOPE OF WORK/SPECIFICATIONS
3.1. MINIMUM QUALIFICATIONS
• Bidder shall have been in the fuel supply business for at least five years servicing accounts of a size similar to the City of Gainesville. Provide documentation such as business licenses/permits showing firm has been in this business for the last five years.
• Bidder is required to provide a list of equipment and personnel that will be utilized to fulfil the requirements outlined in the Technical Specifications. Complete Equipment/Personnel Form.
• Bidder shall attest to having an established, on-going, fuel spill prevention plan and procedure to follow in the event there is an accidental fuel spill. A copy will be requested from the intended awardee and must be provided within one (1) week.
• Bidder shall provide evidence of current fuel contracts to ensure supply of the estimated fuel quantities, at a minimum, in the ITB. Provide copies of letters from your suppliers confirming contracts in place.
• Bidder must demonstrate financial stability. Provide a document, such as a letter from your CPA or financial institution, attesting to your financial stability for the past two years.
• Bidder shall provide at least three references from current/recent customers, preferably governmental agencies. DO NOT LIST CITY OF GAINESVILLE, FL. Complete Customer History Form.
• Bidder shall carry the required City, County, State and/or Federal licenses that apply to provision of fuel management or fuel supply services in the state their business is located. Provide copies of current City, County, State and/or Federal licenses.
3.2. SCOPE OF WORK
GENERAL DESCRIPTION
It is the intent of the City of Gainesville (“City” or “RTS”) to obtain bid responses for gasoline and diesel fuel for Regional Transit System. Contract is for a five-year term from October 1, 2026, through September 30, 2031.
SPECIFICATIONS
RTS operates one (1) On-Site Fueling location for their vehicles and desires to obtain bids from qualified providers for fuel.
The term “fuel” as used in this solicitation shall include 87 Octane Unleaded Gasoline and #2 Red Dyed Ultra- Low Sulphur Diesel per standard ASTM specifications incorporated herein by reference. Bidder shall provide fuel under this contract per the following Standard ASTM specifications: #2 Red Dyed ULSD ASTM D975 and Unleaded Gasoline ASTM D4815.
Payment
A. CITY Invoicing
The contractor shall be responsible for invoicing the City on delivery of the items purchased. The invoice should include the following information:
• Identifying Purchase Order Number
• Invoice Number and Date
• OPIS (Oil Price Information Service) Gross Contract Low
• Quantity Purchased
• Unit Cost
• Net Purchase Amount
A.
B. Payment
Payment will be in accordance with the Local Government Prompt Payment Act, Sections 218.70, et. seq. Florida Statutes. Payment may be withheld by the City due to failure by the vendor to comply with these Specifications or because unacceptable equipment or materials were delivered as determined by the City’s inspection. The City shall notify the vendor of any unsatisfactory performance as soon as practicable so that it can be corrected without delaying payment if possible.
C. Contractor Payment
City will only make payment by electronic fund transfer (EFT).
D. Placing of Orders
Only those orders placed with a purchase order number will be considered authorized.
Fuel Specification
Provide data to support the fuels offered meet the required specifications stated in stated in SPECIFICATIONS.
Spillage
While performing work under this contract, the Contractor shall be responsible for completing cleanup for any spills or accidental release to the environment at no cost to any of the participating entities.
Any spillage, however minor, that occurs during delivery must be reported to the designated contact for each location immediately. All fuel delivery drivers shall be trained in proper delivery and spill response procedures.
All delivery trucks shall be equipped with adequate spill response materials. Contractor shall be solely responsible for all spill cleanup costs incurred during fuel delivery.
The Contractor will make every effort to contact the designated facility contact person or customer’s designated emergency contact first, if time frames and conditions allow. The designated facility contact person or customer’s designated emergency contact will review the initial response and advise what additional response actions may be necessary. This includes contacting the necessary regulatory authorities, dispatching cleanup crews and fulfilling any reporting requirements. The Contractor shall notify all local, state, and federal authorities as required by law in the event of such a release or threat of release.
If prior notification of the facility contact person is not possible, then the Contractor shall take appropriate response actions, as directed by the Contractor’s company fuel spill response plan and procedure and notify the contact person as soon as possible thereafter
The Contractor must provide a written summary of all response action taken in any instance within the timelines established for reporting of spills and/or contamination.
The Contractor must have a written company response plan (safety plan) to demonstrate its preparation to respond to a fuel spill and carry out appropriate mitigation measures, and to indicate its process to dispose of contaminated materials. This plan must include details on (1) notification; (2) operator mitigation actions; (3) immediate response available for mitigation assistance; (4) third party contractor available to clean up or equipment and supplies available by the Contractor to respond to clean up; (5) process for safeguarding contaminated materials on the tanker, and (6) final hazardous waste disposal process. All clean-up costs associated with spills are the responsibility of the Contractor.
Delivery
Delivery shall be determined by signed receipt at the designated point of delivery. RTS shall provide the Contractor a schedule or shall request deliveries by phone or written communication. The Contractor shall supply fuel within 24 hours of phone order, or as scheduled in advance on the day and during the time period so scheduled. In case of an emergency such as war, strikes or natural disasters, the Contractor shall make best efforts to supply fuel as soon as possible.
RTS reserves the right to purchase fuel from other sources in the event that the Contractor fails to deliver fuel in accordance with the specifications and the contract documents, if the cause for failure to deliver is a result of war, strikes or a natural disaster. The Contractor may be held liable for any cost differences in the price of these procurements, unless the cause for failure to deliver is a result of war, strikes or a natural disaster.
Deliveries shall be made by trucks with sealed and certified markers and Contractor shall provide to the RTS representative at the receiving location a delivery slip detailing the net quantity delivered after temperature correction. A Bill of Lading (BOL) is also acceptable. The product must be documented on the BOL and certification signatures are required. An RTS employee will be present at all times during delivery. The RTS employee will inspect the markers before delivery to ensure that the truck was loaded in accordance with the delivery slip supplied by the Contractor. Fuel shall be delivered into tanks above ground as required.
The Contractor shall take all necessary steps to ensure that its drivers are fully aware of the proper tanks for fuel delivery. Should the fuel tank(s) be contaminated due to action of the Contractor, the Contractor shall be fully responsible to remove and dispose of all contaminated products properly, and clean said tank(s), line(s) and nozzle(s) at no cost to the City. The contaminated products, including those other than diesel fuel, must be replaced at no cost to the City. Contractor agrees to abide by the City’s determination of whether the fuel tank(s) have been contaminated due to action of the Contractor, which determination shall be final. Contractor truck deliveries shall be constantly monitored by the delivering truck driver. Contractor shall be responsible for the clean-up of all spills/leaks that occur during or as a result of deliveries and shall notify the DER of any spill/leaks as required by law. All ULSD deliveries made shall be in transport (approximately 7,500 gallon) quantities loaded, to properly sealed and certified markers. All gasoline deliveries made shall be in transport (orders may vary from 5,000 to 8,500 gallon) quantities loaded, to properly sealed and certified markers.
Contractor shall have the ability to provide fuel in case of an emergency and/or disaster. In such event, Bidder shall be responsible for maintaining and closely monitoring all RTS’ fuel tanks at sufficient capacity to ensure that there will be no interruption of operations due to fuel shortage.
Delivery Locations at the RTS Facility:
The delivery address for gasoline and diesel is 34 SE 13th Road, Gainesville, FL 32601:
• #2 Red Dyed Ultra-Low Sulfur Diesel: Three (3) tanks, 20,000-gallon capacity each
• 87 Octane Unleaded Gasoline is: One (1) tank, 12,000-gallon capacity
All tanks are above ground.
Delivery Hours
All fuel shall be delivered between the hours of 8:00 A.M. to 4:00 P.M. The Contractor shall advise RTS of any deliveries which cannot be delivered within the time allotted.
Licenses and Taxes
The Contractor shall procure any and all licenses, permits, or certificates required by properly constituted authorities for the performance of the Services. The Contractor shall pay taxes, including, but not limited to, those assessed on vehicles and property owned by the Contractor in connection with the furnishing of the Services.
All applicable taxes will be added AFTER the price per gallon is established; current taxes not included in the price per gallon include Florida Sales Tax, Florida Excise Tax, Local Option Tax, Florida Pollution Control Tax, Florida Water Quality Tax and Florida Coastal Protection Tax. In the event other government non-exempt taxes are imposed that are not included in the price per gallon, they will also be added after the price per gallon is established. Should any taxes be raised, the applicable new rate will be used. All payments will include taxes although they will not be calculated in the initial averaging figures or total figures for basis of award. Should a dispute arise over the correct tax rate or applicable add-on taxes, the State of Florida Department of Revenue will be requested to issue an official position on which shall then become final and binding on all parties to the Contract. All revenues found to be due and payable shall be calculated on a retroactive basis to the date tax was imposed. The Contractor must be registered with the Internal Revenue Service to apply directly for applicable Federal Excise Tax reimbursements. Under no circumstances will RTS pay Federal Excise Taxes on the fuel.
Price Calculations
Price per gallon shall be determined by the OPIS Gross Contract Low price per Gallon. The desire is that the Contractor will provide the fuel from the terminal with the lowest price of the day (meaning: the post day for pricing relative to the date of the BOL.)
Estimated Quantities
The resulting contract will supply the required fuel products to RTS on an as-needed basis, as determined by RTS. RTS shall not be obligated to purchase any minimum quantity of fuel. During the previous 12-month period RTS consumed approximately 1 million gallons of #2 Dyed USLD and 65,000 gallons of 87 octane unleaded gasoline.
NOTE: Four invoices/bol each for gasoline and diesel fuel are available under Downloads tab (B-I).
4. TERMS AND CONDITIONS OF SOLICITATION
4.1. DISTRIBUTION OF INFORMATION
Respondents must submit all inquiries regarding this bid via the City Procurement Portal ("eProcurement Portal") at https://procurement.opengov.com/portal/CityofGainesville. Please note the deadline for submitting questions. All answers to questions will be posted in the eProcurement Portal. To receive notifications when answers are posted, respondents should select "Follow" on the bid title. It is the respondent's responsibility to monitor the website for answers to inquiries.
4.2. PROHIBITION OF LOBBYING
To ensure fair consideration, consistent and accurate dissemination of information for all respondents, the CITY prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement Division representative. Additionally, the CITY prohibits communication initiated by a respondent to any CITY official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between proposer and the CITY required to obtain information or clarification for preparing a bid or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement Division staff. Any communications initiated between the respondent and the CITY outside these parameters may be grounds for disqualifying the offending respondent from consideration for award of the proposal and/or any future proposal.
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 the CITY officials and employees, except as authorized by procurement documents.
4.3. CONE OF SILENCE
During the Cone of Silence, except as pursuant to an authorized appeal, no person may lobby on behalf of a competing party in a particular procurement process, no person may lobby CITY officials or employees except the Procurement Division designated staff. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.
The Cone of Silence is the period between the issue date of the solicitation and the time the CITY Officials and Employees award the contract.
4.4. DETERMINATION OF RESPONSIBLE BIDDER
As a part of the proposal evaluation process, the CITY reserves the right to conduct a background investigation of bidder, including a record check by the Gainesville Police Department if the qualifications require it. Bidder’s submission of a proposal constitutes acknowledgment of the process and consent to such investigation.
No contract will be awarded to any respondent who is in arrears to the CITY for any debt, fee, tax, or contract, https://procurement.opengov.com/portal/CityofGainesville or who is a defaulter as surety or in any other capacity, upon any obligation to the City. Additionally, any respondent determined to be not responsible by the CITY pursuant to Pro-01 Procurement Administrative Guidelines, C.2.ii., will not be awarded a contract.
Respondent must demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, C.2.ii., as may be amended.
These criteria assess the respondent's capability to perform.
A. The ability of the bidder to successfully carry out a proposed contract.
B. Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.
If it is determined that the respondent is not responsible, the CITY may notify respondent of its finding, including evidence used, and allow respondent the opportunity to come into compliance within three (3) business days of notification.
If selected, respondent must either update or complete CITY’s vendor application, pay business tax (if applicable), and register with the State of Florida (if required by law).
4.5. RESPONSIVENESS OF BID
A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in the solicitation, is of timely submission through the eProcurement Portal, and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (Pro-01 Procurement Administrative Guidelines , C.2.i.)
Each proposal shall be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation.
4.6. EXAMINATION OF SOLICITATION DOCUMENTS - FULLY INFORMED
RESPONDENT
A. Prior to responding to the Solicitation, Respondents are responsible for the following: (1) examining the
Solicitation thoroughly, (2) considering federal, state and local laws and regulations that may impact or affect cost, progress, performance or furnishing of the Work, (3) studying and carefully correlating
Respondent’s observations with the Solicitation, and (4) 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 City of Gainesville Procurement at least within five (5) work days of the solicitation posting date.
4.7. PROPOSAL SUBMISSION INSTRUCTIONS
The bid response, containing all required documents, with authorized signatures, must be submitted in OpenGov by 3:00 p.m. on the due date indicated on the Solicitation Cover Page. OpenGov will reject late proposals, and the City will not accept proposals submitted in any other manner that through OpenGov.
Both the response and the price proposal, if required to be submitted as a separate document, must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the bidder. An authorized representative who is not an officer may sign the proposal, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.
The submittal of a response by a respondent will be considered by the City as constituting an offer by the respondent to perform the required services at the stated fees.
4.8. INTERPRETATION AND ADDENDA
All questions about the meaning or intent of this Solicitation are to be directed to the Procurement Representative via the CITY's eProcurement Portal, https://procurement.opengov.com/portal/cityofgainesville, unless stated otherwise. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda posted on the City’s eProcurement Portal.
Respondents must create an account on the City’s eProcurement Portal to receive notifications. Registered Respondents will be notified of all Addenda posted in the City’s eProcurement Portal.
Only questions answered by formal written Addenda will be binding.
A. Addenda may also be issued to modify the Solicitation as deemed advisable by the Procurement
Representative.
B. Addenda issued before the Solicitation due date and time are considered binding and treated as if they were originally written into the Solicitation. It is the responsibility of the Respondents to ensure they have received, signed, and included all addenda(s) with their submittals.
4.9. EXCEPTION TO THE SOLICITATION
Respondents may take exception to any of the terms of this Solicitation unless otherwise stated. Should a respondent take exception where none is permitted, the proposal will be rejected as non-responsive. All exceptions taken must be specific to allow the City a meaningful opportunity to evaluate and rank proposals.
https://procurement.opengov.com/portal/cityofgainesville
Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions. The proposals will be evaluated based on the proposals as submitted. The CITY retains the right to accept or reject the exceptions. Where exceptions are rejected, the CITY may request that the respondent furnish the services or goods described herein, or negotiate an acceptable alternative.
4.10. MODIFICATION OR WITHDRAWAL OF A RESPONSE
Modifications to or withdrawal of a respondent’s submittal can be made until the Response Submission Deadline (See Section 1.4 – Deadline). Modifications or withdrawals must be documented in the City eProcurement Portal https://procurement.opengov.com/portal/cityofgainesville prior to the Response Submission Deadline (See Section 1.4 – Deadline) in order to be recognized by the CITY. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the CITY adequate time to award the Contract for the services specified in this solicitation.
4.11. COLLUSION
Only one (1) response from any individual, firm, corporation, organization or agency under the same or different name will be considered as a response to this Solicitation. Multiple responses from any individual, firm, corporation, organization or agency under the same or different name may result in rejection of all responses from the Respondent.
A. Respondent, by signing the Respondent’s Verification 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.
B. By responding to the Solicitation, the Respondent acknowledges that it has not offered or given any gift or compensation to any CITY officer or employee to secure favorable treatment with respect to being awarded this Contract.
4.12. TRADE SECRETS OR CONFIDENTIAL AND EXEMPT INFORMATION
Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public https://procurement.opengov.com/portal/GRU 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:
A. Identifying Trade Secret or Otherwise Confidential and Exempt Information.
For any records or portions thereof that respondent claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, respondent shall:
1. Upload a pdf version reply of the complete UNREDACTED proposal. Include “UNREDACTED, CONFIDENTIAL” in document title. This is the version that will be used by the evaluators when they are reviewing your proposal. It is essential that the items that will be redacted are highlighted in yellow to prevent the evaluation team from discussing these items after the award. The first page of the document for the unredacted document should provide a general description of the information respondent has designated as confidential and/or exempt, and provide a reference to the appropriate Florida or Federal statute supporting the confidential and/or exempt classification.
2. The City’s evaluators will be provided with the complete unredacted proposal, including any trade secret or otherwise confidential and exempt information. The City evaluators will maintain the confidentiality of the information through the evaluation process, including any recorded evaluation team meetings.
3. Upload a pdf version reply of the REDACTED copy of the proposal. Include “REDACTED” in the document title. This copy will be used to support any public records requests that may arise from this solicitation.
4. Provide an affidavit or similar type of evidence that describes and supports the basis for
Respondent’s claim that the information is confidential and exempt from public disclosure, referencing all applicable Florida Statutes
B. Request for Trade Secret or Otherwise Confidential and Exempt Information.
1. In the event a public record request is made to view the information which respondent claims is confidential and/or exempt, the City will notify the respondent and give the respondent a reasonable opportunity (generally 2 business days) to institute appropriate legal action to prevent the disclosure of the information claimed as confidential and/or exempt.
2. In the event that the City in its sole discretion finds no basis for respondent’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then City shall notify respondent in writing of such conclusion and provide respondent 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 respondent fails to file for declaratory action within the reasonable amount of time provided, then City will disclose the information requested.
3. If a public records lawsuit is filed against CITY requesting public disclosure of the information labeled by respondent as Trade Secret or otherwise as confidential and exempt, CITY shall notify respondent and respondent shall intervene in the lawsuit to defend the nondisclosure of such information under
Florida’s Public Records Law.
4. Respondent hereby indemnifies and holds CITY, 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 respondent’s claim that any information it provided to CITY is Trade Secret or otherwise confidential and exempt from public disclosure under
Florida’s Public Records Law.
C. How to Designate Trade Secret or Otherwise Confidential and Exempt Information
If a respondent believes that its reply contains Trade Secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the respondent must provide a redacted copy of the proposal for public access.
D. How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information
All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a respondent at the conclusion of the bidding process.
4.13. PROTEST OF SOLICITATION SPECIFICATIONS AND/OR AWARD
Participants may protest the Specifications of the solicitation in accordance with Section C.5.i. of the Pro-01 Procurement Administrative Guidelines
Participants may protest the Solicitation Award in accordance with Section C.5.i. of the Pro-01 Procurement Administrative Guidelines
4.14. SOLICITATION POSTPONEMENT/CANCELLATION/WAIVER OF
IRREGULARITIES
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this solicitation; postpone or cancel, at any time, this solicitation process; or waive any irregularities in this solicitation or in the proposals received as a result of this solicitation.
https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City
5. REQUIRED SUBMITTAL DOCUMENTS - FTA
1. RESPONDENT VERIFICATION*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD HERE.
I hereby propose to provide the goods/services requested in this Solicitation. I agree to hold pricing for at least 120 calendar days from the Solicitation due date. I agree that CITY’s terms and conditions herein take precedence over any conflicting terms and conditions submitted for CITY’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.
• RESPONDENT_VERIFICATION.pdf
*Response required
2. BID AND PRICE RESPONSE*
UPLOAD REQUIRED DOCUMENTATION AND PRICING HERE.
Download "J - Bid Prices" form from Downloads tab and include with your submittal.
*Response required
3. Fuel Spill Prevention Plan and Procedure*
Bidder hereby attests to having an established, on-going, fuel spill prevention plan and procedure to follow in the event there is an accidental fuel spill.
Bidder must be able to answer "Yes", otherwise will be considered non-responsive.
☐ Yes
☐ No
*Response required
4. DRUG-FREE WORKPLACE CERTIFICATION FORM*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD HERE.
Whenever two or more bids which are equal with respect to price, quality and service are received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with Section 287.087, Florida Statutes; and (2) coin toss.
• Drug_Free_Workplace.pdf
5. CONSOLIDATED STATE LAW AFFIDAVIT*
DOWNLOAD THE BELOW DOCUMENT, SIGN, NOTARIZE AND UPLOAD HERE.
• Consolidated_State_Law_Affi...
https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/3108/33200953-3330-4776-8777-07383674d609_RESPONDENT_VERIFICATION.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OIAGFJWK%2F20260421%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260421T171701Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEHAaCXVzLXdlc3QtMiJIMEYCIQD7jtmhCu6cnnoCIIZWG0RduASh1j4dHDPD4ST%2Begx3iwIhAJtJ3lcGbLe0KRvg6tLk2aHetW1F9fWGwwGKNkOMHmoHKowFCDkQAhoMODkyMzY0Njg3NjcyIgwpvwBC6r0kj7uQ0zYq6QQU8lIupXm%2FC1Y8mKJ3t2xYVvPZn5%2B8qU%2Bxzs4VWEuDRx9tqZL52aH0Eu9YkzWoQy29u%2Fjg4WLiAFCT85Yt9O2NqYT5GJJrb8rQoLhJPuB6KreL0O11P73IAJ%2BVWlWLEfPabxvIGsTqUIiTyH8uTR%2Fh24AJfxG6esVm%2BLtyEiMFomhpGSpDseTtVHs8NKWlSz6R1QqJ5giG9oGMHqaHF9jMaCqHEwxDiRJhbNPLm2vB7%2BJVMgjILL8aXvkxVIy3dfZ%2BiNmNkZ4aweM8J6MY%2BUyi%2BMr1NMhQUy0zm57SvEz6F0jSqGx9iUki%2Fju%2BJz7Sk6MEkpPsDxhDZOC7AWi%2F024gq2lFP89K93aFabI7gIU%2BF0dZ4dmZSRJNzGdCVTdyYayoUVs28zVFRChliZlXbU217eT8St0UzLM2aQWVXc7OQnhlvVB9T1TdvDfa046U6HEwczS2u9i4g0EPbZfBv69LwFVd%2FSZvKOc9Y4Oj3NWMeMZGn75bSYGW%2BqlG3sURiuGC6z7tsNBR7J0YRVMm%2B3Uy47O8e1xXtmcBlOkx89PFnKQGKq2Hgia2NmXW80BNBcCyWuMY5%2Fv%2BEw3Re9C0Jvl8JTeM9FSh3A5lYplICPtZFrezdOILU2cy5blBlaB33orm%2B9Jp71omNI1tzl%2FJF8enDuPqESrS6cOgn7sqLdUdODg%2BuiMP6s7CL0e4ee0hm5Pmm0l6EqAaeu2Ct%2Be%2Br6yRqrASx1jHMZWhE7pY4lmYUx17%2BJkCkA1hHkLZQoNj6WGs3Ht73yk4OhLq3Fifa2FWkCANN7S1rOAzviBBa4lKKPa7qC9hSSOMTjD5vp7PBjqYAaTMmoRJelO2qKRflyBpunuTMyTcRfM%2BNn5yM8QvaGhHiHB6CV0i%2FMYFnIBp0WHFrwJ%2FGmbrUoqpYR6G5b3olLybO45wKtfoJWWzMXxD7JPTyCowPHxIwaNIFjEDlAW%2B26BbbF0k%2FZimZasIKuE0ntKKf22nRRqMcsSVvp7BqOqaSZG0mj4lwprwUdTFrLgty0NIU41gBzDH&X-Amz-Signature=4ca4e67d0907bce53bc12f61ca310bb2cd2456bb45f31015b9ba17ee3810e6ca&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22RESPONDENT_VERIFICATION.pdf%22&x-id=GetObject https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/3108/6757491c-7964-4fbf-a883-858e4baa17f4_Drug_Free_Workplace.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OIAGFJWK%2F20260421%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260421T171701Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEHAaCXVzLXdlc3QtMiJIMEYCIQD7jtmhCu6cnnoCIIZWG0RduASh1j4dHDPD4ST%2Begx3iwIhAJtJ3lcGbLe0KRvg6tLk2aHetW1F9fWGwwGKNkOMHmoHKowFCDkQAhoMODkyMzY0Njg3NjcyIgwpvwBC6r0kj7uQ0zYq6QQU8lIupXm%2FC1Y8mKJ3t2xYVvPZn5%2B8qU%2Bxzs4VWEuDRx9tqZL52aH0Eu9YkzWoQy29u%2Fjg4WLiAFCT85Yt9O2NqYT5GJJrb8rQoLhJPuB6KreL0O11P73IAJ%2BVWlWLEfPabxvIGsTqUIiTyH8uTR%2Fh24AJfxG6esVm%2BLtyEiMFomhpGSpDseTtVHs8NKWlSz6R1QqJ5giG9oGMHqaHF9jMaCqHEwxDiRJhbNPLm2vB7%2BJVMgjILL8aXvkxVIy3dfZ%2BiNmNkZ4aweM8J6MY%2BUyi%2BMr1NMhQUy0zm57SvEz6F0jSqGx9iUki%2Fju%2BJz7Sk6MEkpPsDxhDZOC7AWi%2F024gq2lFP89K93aFabI7gIU%2BF0dZ4dmZSRJNzGdCVTdyYayoUVs28zVFRChliZlXbU217eT8St0UzLM2aQWVXc7OQnhlvVB9T1TdvDfa046U6HEwczS2u9i4g0EPbZfBv69LwFVd%2FSZvKOc9Y4Oj3NWMeMZGn75bSYGW%2BqlG3sURiuGC6z7tsNBR7J0YRVMm%2B3Uy47O8e1xXtmcBlOkx89PFnKQGKq2Hgia2NmXW80BNBcCyWuMY5%2Fv%2BEw3Re9C0Jvl8JTeM9FSh3A5lYplICPtZFrezdOILU2cy5blBlaB33orm%2B9Jp71omNI1tzl%2FJF8enDuPqESrS6cOgn7sqLdUdODg%2BuiMP6s7CL0e4ee0hm5Pmm0l6EqAaeu2Ct%2Be%2Br6yRqrASx1jHMZWhE7pY4lmYUx17%2BJkCkA1hHkLZQoNj6WGs3Ht73yk4OhLq3Fifa2FWkCANN7S1rOAzviBBa4lKKPa7qC9hSSOMTjD5vp7PBjqYAaTMmoRJelO2qKRflyBpunuTMyTcRfM%2BNn5yM8QvaGhHiHB6CV0i%2FMYFnIBp0WHFrwJ%2FGmbrUoqpYR6G5b3olLybO45wKtfoJWWzMXxD7JPTyCowPHxIwaNIFjEDlAW%2B26BbbF0k%2FZimZasIKuE0ntKKf22nRRqMcsSVvp7BqOqaSZG0mj4lwprwUdTFrLgty0NIU41gBzDH&X-Amz-Signature=eddd677e644aadcda3fd5bf33c5faa5ef664c34517592f41620515390ebe6ce8&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Drug_Free_Workplace.pdf%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/251714/1f2b78d8-270c-4643-9e0d-784b48ee77ae_Consolidated_State_Law_Affidavit_10-22-25.pdf
6. REFERENCES*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD HERE.
• Respondent_References.pdf
*Response required
7. CERTIFICATION REGARDING DEBARMENT*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
• Certification_Regarding_Deb...
*Response required
8. CERTIFICATION AND RESTRICTIONS ON LOBBYING*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
• Certification_and_Restricti...
*Response required
9. DISCLOSURE OF LOBBYING ACTIVITIES*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
An instruction page is included with this form. If this form is not applicable to your entity, then mark "N/A", sign, and upload with your submittal.
• Disclosure_of_Lobbying_Acti...
10. CONTRACTOR RESPONSIBLITY CERTIFICATION*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
• Contractor_Responsibility_C...
*Response required
11. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT*
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
Failure to upload signed form will result in automatic disqualification.
• Prohibition_on_Certain_Tele...
12. FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTION*
https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/3108/61aa0683-9800-48b7-ac0a-d2821bdc6c43_Respondent_References.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OIAGFJWK%2F20260421%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260421T171701Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEHAaCXVzLXdlc3QtMiJIMEYCIQD7jtmhCu6cnnoCIIZWG0RduASh1j4dHDPD4ST%2Begx3iwIhAJtJ3lcGbLe0KRvg6tLk2aHetW1F9fWGwwGKNkOMHmoHKowFCDkQAhoMODkyMzY0Njg3NjcyIgwpvwBC6r0kj7uQ0zYq6QQU8lIupXm%2FC1Y8mKJ3t2xYVvPZn5%2B8qU%2Bxzs4VWEuDRx9tqZL52aH0Eu9YkzWoQy29u%2Fjg4WLiAFCT85Yt9O2NqYT5GJJrb8rQoLhJPuB6KreL0O11P73IAJ%2BVWlWLEfPabxvIGsTqUIiTyH8uTR%2Fh24AJfxG6esVm%2BLtyEiMFomhpGSpDseTtVHs8NKWlSz6R1QqJ5giG9oGMHqaHF9jMaCqHEwxDiRJhbNPLm2vB7%2BJVMgjILL8aXvkxVIy3dfZ%2BiNmNkZ4aweM8J6MY%2BUyi%2BMr1NMhQUy0zm57SvEz6F0jSqGx9iUki%2Fju%2BJz7Sk6MEkpPsDxhDZOC7AWi%2F024gq2lFP89K93aFabI7gIU%2BF0dZ4dmZSRJNzGdCVTdyYayoUVs28zVFRChliZlXbU217eT8St0UzLM2aQWVXc7OQnhlvVB9T1TdvDfa046U6HEwczS2u9i4g0EPbZfBv69LwFVd%2FSZvKOc9Y4Oj3NWMeMZGn75bSYGW%2BqlG3sURiuGC6z7tsNBR7J0YRVMm%2B3Uy47O8e1xXtmcBlOkx89PFnKQGKq2Hgia2NmXW80BNBcCyWuMY5%2Fv%2BEw3Re9C0Jvl8JTeM9FSh3A5lYplICPtZFrezdOILU2cy5blBlaB33orm%2B9Jp71omNI1tzl%2FJF8enDuPqESrS6cOgn7sqLdUdODg%2BuiMP6s7CL0e4ee0hm5Pmm0l6EqAaeu2Ct%2Be%2Br6yRqrASx1jHMZWhE7pY4lmYUx17%2BJkCkA1hHkLZQoNj6WGs3Ht73yk4OhLq3Fifa2FWkCANN7S1rOAzviBBa4lKKPa7qC9hSSOMTjD5vp7PBjqYAaTMmoRJelO2qKRflyBpunuTMyTcRfM%2BNn5yM8QvaGhHiHB6CV0i%2FMYFnIBp0WHFrwJ%2FGmbrUoqpYR6G5b3olLybO45wKtfoJWWzMXxD7JPTyCowPHxIwaNIFjEDlAW%2B26BbbF0k%2FZimZasIKuE0ntKKf22nRRqMcsSVvp7BqOqaSZG0mj4lwprwUdTFrLgty0NIU41gBzDH&X-Amz-Signature=1126295faa673632f02fce2f457588386d3338133001b5d8feef058ca328c2f3&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Respondent_References.pdf%22&x-id=GetObject 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