GENERAL_SERVICE_AGREEMENT_(Addendum_#1_Revision).pdf

GENERAL SOLICITATION DOCUMENT

SOLICITATION-2024-102

GENERAL SERVICE AGREEMENT

Gainesville Regional Utilities

301 SE 4th Avenue

Gainesville, FL 32601

RELEASE DATE: June 13, 2025

DEADLINE FOR QUESTIONS: July 1, 2025

RESPONSE DEADLINE: July 14, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

1. INTRODUCTION

1.1. Summary

GRU is requesting proposals from experienced Licensed Contractors that possess technical expertise in maintenance, alteration, construction and power generation, electrical substations, gate stations, water and wastewater treatment plants, wastewater lift stations, electrical transmission and distribution lines, pipelines, pump stations, and associated civil, mechanical, structural, electrical and instrumentation and controls (I&C) for individual projects. GRU intends to award a minimum of ten (10) continuing construction service contracts for the Work. GRU will be required to solicit three (3) proposals for work valued at or above $300,000.00. The awarded contractors will be expected to submit proposals for projects similar to contractor's general line of work. The initial term of the Contract is three (3) years and the Contract will allow for up to two (2) additional two (2) year extensions contingent upon satisfactory performance by the Contractor and mutual written agreement by both parties. GRU may at its sole discretion, elect not to renew any contract with or without cause.

1.2. Background

Gainesville Regional Utilities, known as GRU, is a multi-service utility owned by the City of Gainesville. It is the 5th largest municipal electric utility in Florida. Its combined services make them the most comprehensive utility service provider in the state. It serves approximately 99,700 retail and wholesale customers in Gainesville and surrounding areas, offering: Electric, Natural Gas, Water, Wastewater, and Telecommunication Services.

The publicly owned utility owns and runs four power generation plants; the 118-MW John R. Kelly Generating Station, located in downtown Gainesville, the 429-MW Deerhaven Generating Station, and the 102.5-MW Deerhaven Renewable Generating Station which are both located in north Gainesville. These facilities, along with our 11.5-MW South Energy Center, give us a total generating capability of more that 550-MW. GRU has a service area of 124 square miles and our electric distribution lines cover 1,417 total circuit miles, sixty percent (60%) of which are located underground to enhance the community's beauty and increase reliability.

GRU also owns three (3) water/wastewater plants and it has one of the purest water supplies in the nation that comes straight from the Floridan Aquifer. The water is produced by its Murphree Water Treatment Plant located on the north side of the city and it supplies water to all of Gainesville. Its wastewater is treated at two wastewater treatment facilities; Kanapaha Water Reclamation Facility, which is one of two facilities in Florida that is permitted to discharge drinking-water-quality reclaimed water directly into the aquifer, and Main Street Water Reclamation Facility. For the wastewater system, GRU operates and maintains currently 178 lift stations and 671 miles of gravity sewer mains and 153 miles of force mains. In addition, GRU operates 1,122 miles of water distribution lines.

Other GRU facilities consist of the Administration building, located downtown Gainesville, which houses GRU employees dedicated to the administration of the utility. The Eastside Operations Center (EOC) Campus is located on the north side of Gainesville on Main Street which houses many of the operational employees such as Water/Wastewater, IT, Stores, Natural Gas, System Control, GRUCOM (telecommunications), Electric T&D, and the Multipurpose Building. Lastly, the Spring Hill Facility where the bucket trucks and the line workers are housed.

General Contractor's can expect to be called upon to service in any of GRU's areas or business as described in this section.

1.3. Contact Information

Project Contact:

Brandon Lawhern

Supervising Engineer

4747 N. Main St

EOC Bldg. #3

Gainesville, FL 32606

Email: lawhernjb@gru.com

Phone: (352) 393-1632 mailto:lawhernjb@gru.com tel:(352)393-1632

General Solicitation Document #Solicitation-2024-102 Title: GENERAL SERVICE AGREEMENT

Procurement Contact:

Dana Earl

Procurement Specialist III

301 SE 4th Ave. Station 105

Gainesville, FL 32601

Email: earldl@gru.com

Phone: (352) 393-1250

Department:

Multiple Departments

1.4. Timeline

Release Project Date June 13, 2025

Question Submission Deadline July 1, 2025, 6:00pm

Question Response Deadline July 8, 2025, 6:00pm

Proposal Submission Deadline July 14, 2025, 2:00pm

Contractor Selection Date July 25, 2025

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.

• 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.

mailto:earldl@gru.com tel:(352)393-1250

• 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 Dana Earl. 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) A Pricing Response Form is NOT included in the Solicitation. Contractor shall download Tables 1 and 2 and fill in pricing and labor rates and upload the pricing tables as part of their submittal. The pricing provided in the the tables are considered to be firm.

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.

g) Respondent’s pricing must include applicable taxes on items purchased or manufactured by Respondent for the project. GRU is exempt from Florida sales taxes for certain purchases. A “Consumer’s Certificate of Exemption” is available at www.gru.com .

2.6. SELECTION PROCESS AND RECOMMENDATION

a) A selection committee is appointed to evaluate and rank the submissions from Respondents.

b) The selection committee may have discussions/presentations based on written proposals received by responsive Respondents. GRU reserves the right to waive discussions should it be deemed unnecessary.

c) If clarification is needed from Respondents, GRU will issue an email only to those Respondents where clarification is required after receipt of responses.

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

e) The selection committee will use the "Evaluation Criteria" to evaluate the Respondent's Response. GRU may make its Award decision based soley on the information submitted in the Response. The Contractor must provide informative, concise, well-organized technical business information relative to the Work in the response.

f) Upon review and evaluation of responses, GRU will post its Intent to Award on OpenGov.

g) GRU reserves the right to award the contract to Respondent's who will best serve the interest of GRU based upon its deliberations and in its opinion, to accept or reject any or all proposals. GRU also reserves the right to waive minor irregularities or variations to the specifications and in the evaluation process.

h) Once the posting timeframe has elapsed, GRU will issue contracts to the awarded Contractors.

i) Any deviations or exceptions to GRU"s terms and conditions or supplemental conditions must be attached and uploaded to your response. GRU reserve's the right to reject or deem a Contractor non-responsive based on non-negotiable terms or terms that cannot be excepted by GRU. See Section 2.8 to this section.

http://www.gru.com/

2.7. PRICE

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

2.8. 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.

2.9. 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.

The OpenGov e-Procurement Portal will allow Contractor to:

i. Access to 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.

2.10. SOLICITATION RESPONSE

a) Bids may be received up to but not later than 2:00 pm on Monday, July 14, 2025 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.

https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/ https://procurement.opengov.com/portal/gru/projects/112657

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/112657

2.11. 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: 6:00 pm on Tuesday, July 1, 2025. 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.

2.12. 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

iii. the intended pricing is evident.

2.13. TERMS OF AWARD

Award will be made to the best evaluated, responsible and responsive Respondent(s) for Response(s) based on the cover letter (5 pts max.), company background and experience (10 pts. max.), pricing (30 pts. max.), staff experience (20 pts. max.), safety (10 pts. max.), project experience (25 pts. max.), and construction project manager response time (10 pts. max.) for each individual line item, or any combination of line items, as GRU determines to be in its best interest.

i. GRU reserves the right to reject any and all Responses, or any part thereof, to waive any and all informalities or irregularities, and the right to disregard all nonconforming, nonresponsive, unbalanced or https://procurement.opengov.com/portal/gru/projects/112657 https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/gru/projects/112657 conditional Responses. A responsible Respondent and any selected subcontractors, suppliers, other persons, and/or organizations proposed to perform or furnish the Work have the capacity in all respects to fully perform the Contract requirements and the experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance, such capacity and responsibility to be determined solely by GRU. GRU may conduct such investigation as GRU deems necessary to establish the responsibility, qualifications and financial ability of Respondent(s), proposed subcontractors, material suppliers, individuals, or entities to perform the Work in accordance with the Contract. Such information may include, but shall not be limited to, current financial statements, bank records, verifications of availability of equipment and personnel and past performance records.

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

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

iv. When GRU gives a Notice of Award to the successful Respondent, it will be accompanied by the required number of unsigned counterparts of the Contract (or Purchase Order, as applicable) with all attachments.

Within fifteen (15) calendar days thereafter, Respondent must sign and deliver the required number of counterparts of the Contract, attachments, and required Bonds, if applicable. GRU will ultimately provide a fully signed counterpart to the Respondent.

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

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

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

2.14. TERM OF AGREEMENT

1. The term of this Contract shall commence on the August 1, 2025 and terminate on July 30, 2028.

2. Upon mutual agreement between Parties, this contract may be renewed for two (2) two (2) year renewals plus one (1) six (6) month extension to allow for bidding additional years.

2.15. 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.

2.16. 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.

2.17. 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.

2.18. AFFIRMATIVE SOCIOECONOMIC STEPS

If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R.

§200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus firms are used when possible. Those steps are outlined below:

i. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.

ii. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever there are potential sources.

iii. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participations by small and minority businesses, and women’s business enterprises.

iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.

v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Definitions:

Small Business (SBE): A business that is independently owned and operated and is qualified as a small business under the Small Business Administration criteria and size standards at 13 C.F.R. Part 121.

Women’s Business Enterprise (WBE): A business enterprise that is (a) at least 51% owned by one or more women, or in the case of a publicly owned business, at least 51% of the stock is owned by one or more women; and (b) whose management and daily operations are controlled by one or more women. (13 C.F.R. Part 127) Minority Business (MBE) : A business that is (a) at least 51% owned by one or more minority group members, or in the case of a publicly owned business, at least 51% of the stock is owned by one or more minority group members; and (b) whose management and daily operations are controlled by one or more minority group members. (13 C.F.R. § 124.103, 13 C.F.R. § 124.102, and 13 C.F.R § 124.105).

Labor Surplus Area (LSA): A locality, defined by the Department of Labor’s Employment and Training Administration, that has a civilian average annual unemployment rate during the previous two calendar years of 20% or more above the average annual civil unemployment rate for all states during that same period. (20. C.F.R.

§§ 654.4-654.5). There is an “Exceptional Circumstance Consideration Provision” that allows a civil jurisdiction to ask for inclusion in the LSA list after it is published, due to events such as COVID-19, natural disasters, and other adverse economic changes.

Labor Surplus Area Firm (LSAF): A firm that together with its first-tier subcontractors will perform substantially in LSAs as identified by the Department of Labor in accordance with 20 C.F.R. § 654. Performance is substantially in LSAs if the costs incurred under the contract on account of manufacturing, production, or performance of appropriate services in labor surplus areas exceed 50% of the contract price (40 C.F.R. § 33.103).

2.19. 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;

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. GENERAL REQUIREMENTS AND SCOPE OF WORK

3.1. SCOPE OF WORK

The work will consist primarily of capital construction, renewal and replacement, or operation and maintenance construction projects that are planned or developed throughout the course of the contract period. Individual projects may vary widely in size, scope, and cost. Individual projects will be issued to all prequalified contractors to prepare a cost proposal and schedule to complete the Work. The construction and related activities performed under this contract will take place across GRU’s entire system, including electrical power generation and distribution, power substations, gate stations, communications, water and wastewater treatment plants, reclaimed storage and pump sites, water well sites and wastewater pump or lift stations, rights-of-way, and at various locations and within GRU’s service area where GRU is building, operating, or maintaining infrastructure.

The construction activities pertain to all elements and apparatuses in the project locations.

At its discretion, GRU may retain an Engineer to develop the individual project’s contract or task order documents (plans and technical specifications) that the selected prequalified Contractors will be expected to bid upon. GRU may also develop these documents with its own staff or ask the Contractor(s) to develop such plans and specs in certain cases. The selected contractors are prohibited from coordinating bids or pricing. All communications are deemed to be part of the project file and subject to public record disclosure.

GRU's funding sources may originate from various levels, including local, state, or federal entities. As a result, projects must adhere to the specific terms, conditions, special requirements, and procedural guidelines set forth by each funding source.

For federally funded projects, GRU is required to comply with the strictest standards to ensure alignment with federal regulations. Accordingly, all applicable projects must follow the procurement contractual procedures outlined in Title 52 of the Code of Federal Regulations, Part 200 ("2CFR 200"), which is attached hereto as "Attachment 4". Contractors working on federally funded projects must agree to these terms to maintain compliance.

General Construction work scope may include, but not be limited to, the following:

• Furnish, install, repair, removal, re-installation, and alignment of equipment.

• Piping, valves, and tubing installation, modification, and repair.

• Direction drilling and or jack and bore operations for pipe installation.

• Installation, repair, cleaning, or rebuilding of chemical system piping, pumps, and appurtenances.

• Concrete installation, repair, and demolition.

• Sitework including asphalt paving, grading and associated improvements

• Steel, aluminum and miscellaneous metals fabrication, installation, repair, and demolition.

• Ancillary electrical installation, repair or demolition including auxiliary power.

• Duct and expansion joint installation, repair, and replacement.

• Steel tanks including package plant tanks and equipment

• Conveyor system installation, modification, and repair.

• Ground storage tanks, Hydro Tanks, and Clarifier installation, modification, and repair.

• Instrumentation, controls, and communications installation, modification or repair including programming.

• Process equipment installation, repair, cleaning and rebuild.

• Earth work and civil work, including foundations incidental to the above, and concrete or asphalt driveways.

• Protective and performance coatings, preparation, furnishing and install.

• Demolition and disposal of existing facilities, equipment, and material.

• Well Head modifications or repair.

• Pump removal, repair, and installation.

• ARC Flash Study and Certification.

• HVAC equipment installation, modification or repair.

• Heat transfer and process equipment installation, repair, cleaning and overhaul.

• Insulation of new and repaired work.

• Steam turbine / generator mechanical disassembly, repair, reassembly and technical direction/assistance for same.

• Boiler repairs, upgrades and overhaul.

• Low Pressure Sewer installation

• Soil Stabilization

• Building facilities maintenance including carpentry

• Water Treatment Plant Process equipment removal, installation and overhaul.

• Structure repairs or modifications

• Fire protection systems installation, modification or repair.

• Other miscellaneous improvements include building repair, roofing, fencing, and related infrastructure.

Work may be in industrial environment under various climatic and occupational conditions and may be below grade or at elevations significantly above grade. Contractor shall be responsible for their own safety compliance but may also be subject to GRU’s site or department specific safety and tag-out procedures. All Contract work shall include the provision of mobilization, demobilization, labor, materials, equipment, and subcontracts for the construction services. In addition, the Contractor shall provide a cost loaded work schedule, schedule of values, cost control strategies, and daily and weekly progress reporting, and As-built Surveys with all close out documents as required. Contractor shall also provide administrative, technical, and supervisory support for its projects.

3.2. MINIMUM REQUIREMENTS

All Contract work shall include the provision of mobilization, demobilization, labor, materials, equipment, and subcontracts for construction services. In addition, the Contractor shall be subject to provide the following items upon GRU's request: a cost loaded work schedule, schedule of values, cost control strategies, daily and weekly progress reporting, and As-built Surveys (drawings) with all close out documents. Contractor shall also provide administrative, technical, and supervisory support for its projects. Minimum requirements shall include but not limited to the following:

• The Firm must be a licensed Florida General Contractor and/or a Florida Underground Utility Licensed

Contractor, and/or Licensed Contractor verifiable on http://www.myfloridalicense.com/dbpr/.

• Experience Modification Rating (EMR) of 1.50 or lower. EMR ratings higher than 1.50 will not be considered.

• The Contractor must provide a letter from its bonding company stating the Contractor's bonding capacity.

3.3. GENERAL REQUIREMENTS

• The Contractor shall provide labor, materials, equipment (owned, leased, or rented), and subcontracts on an “as needed” basis for construction services.

• The Contractor shall provide construction administration to maintain paper or digital construction files that comply with GRU’s standards or specific request for the project.

• Upon GRU's request, the Contractor shall provide GRU with a pre-construction video documenting existing site conditions and structures prior to executing the work.

• Contractor shall be qualified (licensed) to perform all aspects of general, electrical, and underground construction, including, but not limited to the work scope the contractor provides a bid proposal to perform.

• Contractor shall employ skilled labor capable of performing the kind of work assigned. All workers employed by the Contractor shall have thorough knowledge of their craft and have experience in a large industrial plant-type environment. All materials and workmanship supplied by the Contractor shall be of superior quality in every respect in accordance with GRU’s standards or specifications and/or the best industry practice.

• Whenever there is a reasonable doubt about what is permissible and when the quality of any work is not stated, the interpretation provided by GRU, or their Engineer, shall be followed. Contractor must not initiate ‘out of scope’ services without obtaining prior written authorization from GRU’s Project

Representative (in accordance with the attached continuing construction contract).

• Contractor shall observe all Federal, State, and Local industrial safety rules, regulations, codes, and standards. Contractor shall also observe all GRU’s Safety and Security Policies and Procedures as a minimum requirement.

• Contractor is advised that other projects may be in progress during this agreement period.

• Contractor shall be responsible for all labor and material costs associated with the replacement of any existing plant equipment, components, or infrastructure of any kind (to equal or better quality) that may be damaged by the Contractor during the Work.

http://www.myfloridalicense.com/dbpr/

• At the conclusion of Construction, Contractor shall provide final submittal documents such as record drawings, As-Built Survey’s equipment O&M manuals, warranties, etc. that meet GRU standards, and specifications.

3.4. SPECIFIC REQUIREMENTS

• Contractor shall provide a Primary Contact to be assigned to the contract that will be accessible twenty-four (24) hours per day, seven (7) days per week, inclusive of holidays. This person shall act as the primary interface between GRU and the Contractor. Should there be a change in employment for the Primary

Contact (i.e., promotion, resignation, termination, etc.) the Contractor shall notify GRU’s Project

Representative within twenty-four (24) hours of the event and identify a new Primary Contact meeting the GRU’s requirements.

• Contractor shall verify existing conditions and dimensions prior to starting work. Any discrepancies must be brought to the attention of GRU’s Project Representative.

• Contractor shall furnish portable restrooms, wash stations, and a break area for their employees, as needed. Contractor shall be responsible and assume all liability for the proper disposal of all waste products (such as construction waste, general trash, and sanitary waste, etc.) that are generated by the

Contractor, unless prior arrangements are made with the GRU’s Project Representative. In addition, Contractor shall be responsible for the proper disposal of pumped sewage, grit, tailings, or other materials that may be required during construction at no additional cost to GRU.

• Contractor shall immediately notify GRU’s Project Representative of any suspected Asbestos Containing

Materials (ACM) found during the Work.

• Contractor shall comply with the provisions of the Owner Furnished Equipment and Sales and Use Taxes provided set forth in the General Service Agreement Contract.

• The Construction Project Manager or Superintendent will be required to attend preconstruction meetings as well as biweekly status meetings.

3.5. CONTRACTOR SAFETY REQUIREMENTS

• All employees of the Contractor, who perform work on Authority’s property, shall abide by safety procedures located in the Contract.

• Contractors are required to wear proper Personal Protective Equipment (PPE). PPE minimums include safety footwear, safety vest, hard hat and safety glasses. Hearing protection is required while working in high noise areas and when operating machinery or equipment (including saws). Ripped jeans, shorts, tennis shoes, sleeveless shirts, and shirts with offensive logos or messages are not permitted. Footwear must have steel (or safety) toes.

• Contractor shall provide tools (expendable and non-expendable), consumable supplies, and Personal

Protective Equipment (PPE) (i.e., safety glasses, hardhats, hearing protection, steel-toed boots, and standard work gloves, at a minimum).

• Contractor’s employees shall have the Contractor’s name and an employee number on their hard hat, vest, or shirt.

• Contractor shall always maintain a safe work environment.

• Contractor shall keep their work areas free of trip hazards daily and shall maintain excellent housekeeping through the completion date of each task or project.

• Contractor shall provide all dust curtains, temporary partitions, walk-off mats or any other barricade or process necessary to keep the job site clean.

• Contractor shall abide by the GRU's Hot Work Permit Program, Lock Out/Tag Out Procedure, and the

Confined Space Entry Procedure.

• Contractor shall abide by GRU’ s site specific safety requirements.

• Contractor shall supply all Safety Data Sheets (SDS) for each chemical prior to any material arriving at the project site.

3.6. ENVIRONMENTAL

• Violations of Laws, Ordinances, Codes, Standards or permits may result at GRU's discretion in rejection of work, fines, civil liabilities or criminal prosecution.

• The Contractor’s work shall be in compliance with all applicable environmental regulation, permits, and standards.

• The Contractor is liable for breaches of permit conditions instigated by its personnel, actions or inactions that cause or result in such breaches.

• The Contractor shall cooperate fully with GRU in ensuring ongoing compliance with the Utilities’ operating permits by maintaining a clean work area, including participating in meetings, and implementing GRU's instructions to ensure compliance with all permits.

3.7. WORKDAYS AND WORK HOURS

GRU normal business hours are Monday through Friday 8:00 AM to 5:00 PM. Contractors will be allowed alternate work hours from 7:00 AM to 6:00 PM as defined in solicitation, excluding select Holidays observed by GRU.

Contractor may be permitted to perform work on GRU’s official holidays or outside of the normal working hours with prior approval from GRU.

Overtime (OT) hours or project schedule remediation hours that are performed outside of a normal workday or work week, including weekends and holidays, shall be approved in advance by GRU. Additional costs incurred by GRU in the performance of approved OT work shall be the responsibility of the Contractor unless the situation is outside of Contractor’s control.

3.8. MOBILIZATION AND DEMOBILIZATION

• Mobilization/Demobilization is a one-time, flat rate all-inclusive charge (round trip, portal-to-portal) that may apply to equipment and/or personnel that are not normally housed near the Work site. The

Mobilization /Demobilization charge may include transportation costs and/or set-up/take-down costs.

• Mobilization shall include all activities and associated costs for transportation of Contractor’s personnel, equipment and supplies to the work site; establishment of temporary buildings, facilities, or infrastructure, and other general facilities necessary for the Contractor to execute the Task Authorization

(TA).

• Demobilization shall include all activities and associated costs for transportation of personnel, equipment, and supplies not required or included in the contract from the work site; including the disassembly, removal, and site cleanup of temporary buildings, facilities or infrastructure assembled on the work site specifically for the TA.

• Payment for Mobilization shall be made once mobilization activities have ceased, and an invoice has been submitted. Payment for Demobilization shall be made once demobilization activities have been completed to the satisfaction of GRU.

• Emergency Mobilization: The Contractor must have ready access to labor, materials, and equipment

(owned, leased, or rented) such that the Contractor will be ready to perform work within twenty-four (24)

HOURS NOTICE under an Emergency Mobilization.

• For certain Emergency projects, Contractor shall be required to mobilize onsite within twenty-four (24) hours of emergency notification. GRU shall notify the Contractor, as soon as possible, of the required scope of work for such emergency projects. Contractor shall provide the necessary resources to meet GRU project work schedule.

3.9. SECURITY

• Contractor shall supply a list of names of the personnel they will be using during a given project to the

GRU Project Representative prior to start of the project so they can secure their access to the work site.

Photo IDs are required for all personnel that will be working on GRU property.

• Parking on GRU property shall be approved through GRU. Parking for Contractor vehicles and Contractor personnel vehicles may be limited within the facility and Contractor is responsible for transporting its staff to the project site as needed for each project. All Contractor and subcontractor vehicles driven onto plant sites must be properly identified with Contractor or subcontractor placards.

3.10. PRICING

• GRU may elect to seek fixed lump sum pricing with a not to exceed amount, time and material, or unit price proposals/quotes for work from one or more contracted vendors when project clarity of scope and time permits.

• GRU may elect to conduct work on a time and material basis using the time and material rates in the contract when project scope is uncertain and/or there is not enough time to secure a detailed proposal/quote for the project.

• Contractor rates may be escalated (or de-escalated) annually based on the annual change to the consumer price index (CPI) but not to exceed 3% for southeast region of

US. https://www.bls.gov/regions/southeast/news- release/consumerpriceindex_south.htm#table1.

3.11. CODES AND REGULATIONS

Contractor shall perform all work in accordance with established federal standards and regulations, local codes and regulations, and the current issues of the following codes and regulations:

• American National Standards Institute (ANSI)

• American Society of Mechanical Engineers (ASME) https://www.bls.gov/regions/southeast/news-release/consumerpriceindex_south.htm#table1 https://www.bls.gov/regions/southeast/news-release/consumerpriceindex_south.htm#table1

• Institute of Electrical & Electronic Engineers (IEEE)

• American Society of Testing Materials (ASTM)

• Instrument Society of America (ISA)

• American Concrete Institute (ACI)

• American Water Works Association (AWWA)

• American Welding Society (AWS)

• Florida Building Code (FBC)

• Florida Department of Environmental Protection (FDEP)

• Florida Department of Transportation (FDOT)

• National Fire Protection Association (NFPA)

• National Electric Manufacturers Assoc. (NEMA)

• National Electric Code - (NEC or NFPA 70)

• National Electric Safety Code (NESC)

• Occupational Safety and Health Administration (OSHA)

• In case of a conflict between the above codes and regulations, Contractor shall…