Lift_Station#_1_Improvements_(Grant_Funded)_(Addendum_#5_Revision).pdf

GENERAL SOLICITATION DOCUMENT

Solicitation-2024-017

LIFT STATION# 1 IMPROVEMENTS (GRANT FUNDED)

Gainesville Regional Utilities

301 SE 4th Avenue

Gainesville, FL 32601

RELEASE DATE: November 17, 2023

DEADLINE FOR QUESTIONS: December 7, 2023

RESPONSE DEADLINE: January 9, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Gainesville Regional Utilities

GENERAL SOLICITATION DOCUMENT

Lift Station# 1 Improvements (Grant Funded)

1.0 Introduction

2.0 Pre-Bid/Pre-Proposal Meeting

3.0 Response Submittals

4.0 Examination of Solicitation Documents & Work Site

5.0 Response Preparation

6.0 Technical Specifications/Scope of Work

7.0 Price

8.0 Deviations from Specifications

9.0 Distribution of Information

10.0 Solicitation Response

11.0 Modification or Withdrawal of a Response To a Solicitation

12.0 Bid Bond

13.0 Terms of Award

14.0 Public Entity Crimes/Debarment/Suspension/Termination

15.0 Disclosure, Confidentiality

16.0 Lobbying

17.0 Blackout Period

18.0 Collusion

19.0 EJCDC Design; Construction Related Documents Instructions; License

Agreement

20.0 Pandemic Conditions Safety Guidelines

21.0 General Terms And Conditions

22.0 Supplemental Conditions

23.0 Supplemental Conditions (Federal Requirements)

Attachments:

B - Attachment B 22FRP80 - Wastewater Lift Station-Force Main Resiliency SSO

Reduction - Executed

C - Attachment C LS-1 Specifications

General Solicitation Document #Solicitation-2024-017 Title: Lift Station# 1 Improvements (Grant Funded)

D - Attachment D LS 1 Improvements IFB Drawings 4.14.2023

E - Attachment E LS-1 Agreement with General Conditions - FINAL

F - Attachment F LS-1 Geotechnical Report

G - Attachment G LS-1 Survey

1. Introduction

1.1. Summary

Gainesville Regional Utilities (GRU) owns and operates Lift Station No. 1 (LS No. 1), which collects raw wastewater and conveys it to the Kanapaha Water Reclamation Facility (KWRF). Lift Station No. 1 is located at 3311 SW 2ND

Avenue, Gainesville, FL 32601. The current station consists of two interconnected wet wells and a total of four submersible pumps (three 75-horsepower pumps and one 35 HP jockey pump).

In order to accommodate current peak and future flows, LS No. 1 will be upgraded to three 140 HP pumps and a 45

HP jockey pump. In conjunction with the larger pumps, a new electrical building, electrical equipment, control system, piping, and civil work will also be included in this project. As the largest lift station in Gainesville, the sequencing of construction will be critical to the success of the project. The lift station will need to maintain its current pumping capacity during all phases of construction with no interruptions to service.

The Lift Station #1 Improvements Project is partially funded by the Resilient Florida Program with the State of

Florida Department of Environmental Protection. The project requires wage certification in accordance with Davis-

Bacon Act and domestic preferences for procurement. Refer to the executed grant agreement included in the attachments for requirements.

1.2. Contact Information

Annie Velez

Procurement Specialist III

301 SE 4th Ave, Gainesville, FL, 32601

Gainesville, FL 32601

Email: veleza1@gru.com

Phone: (352) 393-1282

Department:

Procurement

1.3. Timeline

Submitting Questions and Receiving Response:

Bidders 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: 5:00 pm on

Thursday, December 7, 2023. All answers to inquiries will be posted on GRU e-Procurement Portal. Bidders 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 bidder to check the website for answers to inquiries.

Addenda Notification and Acknowledgement Addenda Notification:

Bidders are required to register for an account via GRU e-Procurement Portal hosted by OpenGov. Once the bidder 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 bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/GRU.

Release Project Date November 17, 2023 mailto:veleza1@gru.com tel:(352)393-1282 https://procurement.opengov.com/portal/GRU

Pre-Proposal Meeting (Mandatory) November 30, 2023, 10:00am

GRU Administration Building

Multipurpose Room First Floor

301 SE 4th Ave, Gainesville, FL 32601.

Question Submission Deadline December 7, 2023, 5:00pm

Question Response Deadline December 11, 2023, 5:00pm

Proposal Submission Deadline January 9, 2024, 2:00pm

Meeting will be Virtual. Invitation to the meeting must be requested to veleza1@gru.com or via OpenGov.

2. Pre-Bid/Pre-Proposal Meeting

2.1. Pre-Bid/Proposal Meeting (Mandatory)

A mandatory meeting will be held on Thursday, November 30, 2023 beginning at 10:00 am at GRU

Administration Building Multipurpose Room First Floor 301 SE 4th Ave, Gainesville, FL 32601.. Responses will only be accepted from companies that had a representative in attendance at the Pre-Bid/Proposal meeting.

Those interested in attending the Pre-Bid/Proposal Meeting must inform the Procurement Specialist III.

Those needing special accommodations must contact the GRU Representative at least two (2) business days prior to the scheduled meeting.

2.2. Pre-Bid/Proposal Meeting Requirements

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

Representatives arriving to the Pre-Bid/Proposal Meeting more than 15 minutes late will not be allowed to participate in the meeting.

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

2.3. Site Visit

A site visit will be held after the Pre-Bid meeting on Thursday, November 30, 2023 beginning at 10:00 am at GRU Administration Building Multipurpose Room First Floor 301 SE 4th Ave, Gainesville, FL

32601.. Those needing special accommodations must contact the GRU Representative at least two (2) business days prior to the scheduled meeting.

3. Response Submittals

The following information is required with the Response. Failure to provide the following information may be cause for the response to be deemed "non-responsive":

mailto:veleza1@gru.com

3.1. RESPONDENT’S CERTIFICATION*

Please download the below documents, complete, and upload.

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

Solicitation.

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

I further certify that this Response is made without prior understanding, agreement, connection, discussion, or collusion with any other person, company or corporation submitting an offer for the same product or service; no officer, employee or agent of GRU owns or will benefit more than 5% from award of this Solicitation; and the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained."

• RESPONDENT’S_CERTIFICATION_...

*Response required

3.2. Bid Bond*

Please download attached form, complete, and upload.

• Bid_Bond.pdf

*Response required

3.3. Public Construction Bond*

Please download attached form, complete, and upload.

• PUBLIC_CONSTRUCTION_BOND.do...

*Response required

3.4. Pricing Response Form*

Please download attached form, complete, and upload.

• Pricing_Form.pdf

*Response required

3.5. Project Milestones Construction Schedule*

Please download attached form, complete, and upload.

• Milestones.pdf

*Response required

3.6. Major Equipment Response Form*

Please download, complete, and upload.

• Major_Equipment_Response_fo...

https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/8c6f4eae-6dca-435c-a389-18e1961533ab_RESPONDENT%E2%80%99S_CERTIFICATION_%28GRU%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=vIjDQ%2Fgd6F914O9CHHKAvKJlM4A%3D&response-content-disposition=attachment%3B%20filename%3D%22RESPONDENT%25E2%2580%2599S_CERTIFICATION_%28GRU%29.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/67851/9c394076-db02-4d1b-a854-3252c0531aa7_Bid_Bond.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=sl%2FlcDGwpuk%2F0WTv4iFjrzHYmck%3D&response-content-disposition=attachment%3B%20filename%3D%22Bid_Bond.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/67851/04c707e0-b4cb-4cb8-85d4-6e95b7142e89_PUBLIC_CONSTRUCTION_BOND.docx.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=vP1A6ImRcT59oSR0neyk5F9xQUg%3D&response-content-disposition=attachment%3B%20filename%3D%22PUBLIC_CONSTRUCTION_BOND.docx.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/67851/768c7eee-8f68-41ca-a1f8-c39e3f5a1940_Pricing_Form.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=Xv0egzb0z0iaugEEMAH4vCAOcLg%3D&response-content-disposition=attachment%3B%20filename%3D%22Pricing_Form.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/67851/01486a02-3871-4c60-b416-091a97495e26_Milestones.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=jQCHuEVLH41UV8YAtobgZiSIjOg%3D&response-content-disposition=attachment%3B%20filename%3D%22Milestones.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/67851/54e9b6bf-76d4-4e87-aa38-c79a76c8ee5d_Major_Equipment_Response_form.docx?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=bPn94lZrDfrcEAOFasdbjWGjINQ%3D&response-content-disposition=attachment%3B%20filename%3D%22Major_Equipment_Response_form.docx%22

*Response required

3.7. Copy of Current Contractor's License*

*Response required

3.8. Contractor or Contractor's Proposed Team Experience*

Contractor or Contractor’s Proposed Team must provide a minimum of three (3) examples of Work completed in the last 10 years with all of the following qualifications:

o Projects of submersible pump stations with a minimum 100-HP pumps controlled by VFD’s in a dedicated electrical building.

o Projects that included By-pass pumping and temporary by-pass piping

Each example must include a current contact name, email and phone number for the Owner’s project representative as well as an accurate description of the completed project. Examples from different Owner’s preferred. References from the City of Gainesville and/or Gainesville Regional Utilities will not be considered.

[Unverifiable or unsatisfactory references may result in Respondent being deemed non-responsive or non-responsible.]

*Response required

3.9. Experience Modification Rate (EMR) Documentation*

Experience Modification Rate (EMR) Documentation for the most recent three (3) full years provided on letterhead from current insurance provider.

*Response required

3.10. Subcontractor Information Form*

Please download the below documents, complete, and upload.

List all subcontractors that will be used for Electrical, Instrumentation & Controls, Concrete, Piping work/Mechanical work along with the tasks they will provide. If the subcontractor is a small and minority-owned business, women’s business enterprise, or labor surplus firm, check the boxes that apply. The selected prime

Contractor will be asked to provide the actual subcontractor spend amount at a later date. Subcontractors are not permitted to work at GRU if listed on the State of Florida Suspended Vendor List or the Federal Suspensions and

Debarments.

• Small Business Enterprise (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 Enterprise (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).

https://sam.gov/content/exclusions https://sam.gov/content/exclusions

• 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).

• Subcontractor_Information_F...

*Response required

3.11. DRUG-FREE WORKPLACE CERTIFICATION FORM*

Please download the below documents, complete, and upload.

"Preference may be given to a business that certifies that it has implemented a drug-free workplace program.

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

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

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

4. In the statement specified in Subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on any employee who is so convicted or require the satisfactory participation in a drug abuse assistance or rehabilitation program as such is available in the employee's community.

https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/ad4d7a28-4948-4ed3-895e-eb241fb99f6f_Subcontractor_Information_Form_%28GRU%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=G2lO3%2BV3Lwovd8rnUP6p6LXYUr8%3D&response-content-disposition=attachment%3B%20filename%3D%22Subcontractor_Information_Form_%28GRU%29.pdf%22

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

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

• DRUG-FREE_WORKPLACE_CERTIFI...

*Response required

3.12. Proof of Business Registration*

Proof of Business Registration with the State of Florida verified via www.sunbiz.org

*Response required

3.13. Non Submittal Form*

Please download, complete, and upload.

• NON_SUBMITTAL_FORM.docx

*Response required

3.14. Do you have any Clarifications and/or Exceptions to this Solicitation?* Any deviation from this Solicitation must be provided and explained in detail with the Response. Deviations must be explained on a separate page labeled “Clarifications and Exceptions” and included with the Response. Each clarification and exception must correspond to the specific referenced section in the Solicitation. Otherwise, the

Response will be considered in strict compliance with the Solicitation and the selected Respondent will be held accountable for compliance with the Specifications

☐ Yes

☐ No

*Response required

3.15. Clarifications and Exceptions

Any deviation from this Solicitation must be provided and explained in detail with the Response. Deviations must be explained on a separate page labeled “Clarifications and Exceptions” and included with the Response. Each clarification and exception must correspond to the specific referenced section in the Solicitation. Otherwise, the

Response will be considered in strict compliance with the Solicitation and the selected Respondent will be held accountable for compliance with the Specifications

3.16. Grant Acknowledgement Form*

Please download the below documents, complete, and upload.

• LS-1_Grant_Acknowledgement_...

*Response required

4. Examination of Solicitation Documents & Work Site

A. Prior to responding to the Solicitation, Respondents are responsible for the following:

1. examining the Solicitation thoroughly,

2. if applicable, visiting the work site to become familiar with local conditions that may affect the cost, progress, performance of furnishing the Work, https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/a21c79b9-0219-49ce-901f-924a30de7752_DRUG-FREE_WORKPLACE_CERTIFICATION_FORM_%28GRU%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=9j2y7q47ug4Sf2StdeG092IQOZo%3D&response-content-disposition=attachment%3B%20filename%3D%22DRUG-FREE_WORKPLACE_CERTIFICATION_FORM_%28GRU%29.pdf%22 http://www.sunbiz.org/ https://government-project.s3.us-west-2.amazonaws.com/67851/85f2665f-cbea-4582-b69d-d032d80f5e63_NON_SUBMITTAL_FORM.docx?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=F8VigCgCHeY6%2BZAlSH0oTwaLjdI%3D&response-content-disposition=attachment%3B%20filename%3D%22NON_SUBMITTAL_FORM.docx%22 https://government-project.s3.us-west-2.amazonaws.com/67851/72f41cb5-5962-4809-b445-19eb5c538c9a_LS-1_Grant_Acknowledgement_Form.docx?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1703332469&Signature=I4Jn2cRDqS0g7AJZn605Xx9sqUg%3D&response-content-disposition=attachment%3B%20filename%3D%22LS-1_Grant_Acknowledgement_Form.docx%22

3. considering federal, state and local laws and regulations that may impact or affect cost, progress, performance or furnishing of the Work,

4. studying and carefully correlating Respondent’s observations with the Solicitation, and

5. notifying the Purchasing 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 Utilities Purchasing at least seven (7) business days prior to the Response due date.

5. Response Preparation

A. The Pricing Response/Table is included in the Solicitation and should be used to submit pricing information, providing a price for all items listed on the form, unless noted otherwise.

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

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

D. The names of individuals included on the Respondent’s Certification Form must be legibly printed below signatures (computer printed, typed or handwritten). Respondent must acknowledge receipt of all addenda using the space provided on the Respondent’s Certification Form.

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

F. Respondent’s pricing must include applicable taxes on items purchased or manufactured by Respondent for the project. GRU is exempt from Florida sales taxes for certain purchases. A “Consumer’s Certificate of

Exemption” is available at www.gru.com .

6. Technical Specifications/Scope of Work

6.1. Technical Specifications/Scope of Work (attached)

Please see:

Attachment B - Wastewater Lift Station Grant Agreement Documentation

Attachment C - Specifications

Attachment D - Improvements IFB Drawings

Attachment E - Agreement with the General Conditions

Attachment F - Geotechnical Report

Attachment G - Survey http://www.gru.com/

7. Price

A. The price stated on the Pricing Response/Table is firm. Any additional charges that were not included in the Response will not be paid by GRU unless approved in writing by an authorized GRU representative.

Subsequent to contract formation, pricing inconsistencies on invoices may be grounds to cancel the contract.

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

8. 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.

9. Distribution of Information

9.1. Receiving Electronic Bids Only

GRU prefers electronic submission of bids and proposals. Please 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.

• Access procurement documents and related information.

• Receive automatic and instant notifications of government opportunities.

• Download solicitation documents and specifications online.

• Submit your bids and proposals online.

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

• Receive and respond to government requests for quotes immediately.

• Automatic notification of awards.

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

9.2. GRU's eProcurement Portal

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

Ultimately, it is the sole responsibility of each bidder 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.

10. Solicitation Response

A. Bids may be received up to but not later than 2:00 pm and Tuesday, January 9, 2024 via GRU e-

Procurement Portal located at https://procurement.opengov.com/portal/GRU. GRU e-Procurement Portal

Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. Gainesville Regional Utilities strongly recommends completing your response well ahead of the deadline. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

B. Responses will be electronically unsealed publicly opened at the time and place indicated in the

Solicitation and will be available for inspection upon notice of award or intended Award, or within thirty

(30) calendar days after the opening of Responses, whichever occurs first. Prices may be publicly disclosed on GRU’s eProcurement Portal at the sole discretion of Utilities Purchasing.

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/67851

11. Modification or Withdrawal of a Response To a Solicitation

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

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

2. the nature of the mistake is evident; and

3. the intended pricing is evident.

12. Bid Bond

BID BOND.

https://procurement.opengov.com/portal/gru/projects/67851 https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/gru/projects/67851 https://procurement.opengov.com/portal/gru/projects/67851

12.1. A Bid Bond is Required.

A Bid Bond is required. Responses must be accompanied by a Bid Bond using the Bid Bond form provided and made payable to the City of Gainesville, d/b/a Gainesville Regional Utilities, in the amount of five percent (5%) of the price submitted. The Bid Bond amount will be paid to GRU if the successful Respondent fails to execute a Contract with GRU or accepts the receipt of the purchase order within fifteen (15) calendar days after award notice.

13. Terms of Award

13.1. Lowest, Responsive, Responsible Respondent

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

13.2. GRU Term & Award Rights

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

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

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

D. 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.

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

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

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

14. Public Entity Crimes/Debarment/Suspension/Termination

A. Pursuant to Chapter 287.133(2)(a) of the Florida Statutes, “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;

may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in sec. 287.017, for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.”

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

C. The Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Solicitation by any governmental department or agency.

15. Disclosure, Confidentiality

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public 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 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:

15.1. Identifying Trade Secret or Otherwise Confidential and Exempt Information

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

A. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted. Contractor shall take care to redact only the confidential and exempt information within a record.

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

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

A. In the event GRU receives a public records request for a record with information labeled by Contractor as

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

B. However and notwithstanding the above, in the event that GRU in its sole discretion finds no basis for

Contractor’s claim that certain information is Trade Secret or otherwise confidential and exempt under

Florida’s Public Records Law, then GRU shall notify Contractor in writing of such conclusion and provide

Contractor a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public

Records Law. If Contractor fails to file for declaratory action within the reasonable amount of time provided, then GRU will disclose the information requested.

C. If a public records lawsuit is filed against GRU requesting public disclosure of the information labeled by

Contractor as Trade Secret or otherwise as confidential and exempt, GRU shall notify Contractor and

Contractor shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s

Public Records Law. GRU shall not be obligated to assist in Contractor’s defense.

D. Contractor hereby indemnifies and holds GRU, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with Contractor’s claim that any information it provided to

GRU is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public

Records Law.

16. Lobbying

To ensure fair consideration and consistent and accurate dissemination of information for all proposers, the City prohibits communication to or with any department, employee, or agent evaluating or considering the proposals during the submission process, except as authorized by the contact person. During the blackout period as defined in Florida Statutes Chapter 287.057 (25), except as pursuant to an authorized appeal, no person may lobby, as defined herein, on behalf of a competing party in a particular procurement process, City officials or employees except the purchasing designated staff contact in the purchasing division. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred. Lobbying means when any natural person, for compensation, seeks to influence the governmental decision-making, to encourage the passage, defeat or modification of any proposal, recommendation or decision by City officials and employees, except as authorized by procurement documents.

17. Blackout Period

Pursuant to Chapter 287.057 (25), Florida Statutes, 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.

18. Collusion

1. 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.

2. Respondent, by signing the Respondent’s Certification Form, declares that the Response is made without any previous understanding, agreement, or connections with any persons, firms, or corporations responding on the same items and that it is in all respects fair and in good faith without any outside control, collusion or fraud. A non-exclusive manufacturer/distributor relationship does not, in and of itself, constitute a prior understanding, agreement, connection or collusion between

Responders.

3. 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.

19. EJCDC Design; Construction Related Documents Instructions; License Agreement

Engineers Joint Documents Committee Design; Construction Related Documents Instructions; License

Agreement

Design and Construction Related Documents

Instructions and License Agreement

Before you use any EJCDC document:

A. Read the License Agreement. You agree to it and are bound by its terms when you use the EJCDC document.

B. Make sure that you have the correct version for your word processing software.

How to Use:

A. While EJCDC has expended considerable effort to make the software translations exact, it can be that a few document controls (e.g., bold, underline) did not carry over.

B. Similarly, your software may change the font specification if the font is not available in your system. It will choose a font that is close in appearance. In this event, the pagination may not match the control set.

C. If you modify the document, you must follow the instructions in the License Agreement about notification.

D. Also note the instruction in the License Agreement about the EJCDC copyright.

License Agreement

You should carefully read the following terms and conditions before using this document. Commencement of use of this document indicates your acceptance of these terms and conditions. If you do not agree to them, you should promptly return the materials to the vendor, and your money will be refunded.

The Engineers Joint Contract Documents Committee ("EJCDC") provides EJCDC Design and Construction Related

Documents and licenses their use worldwide. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from EJCDC Design and Construction Related Documents.

You acknowledge that you understand that the text of the contract documents of EJCDC Design and Construction

Related Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. You further acknowledge that EJCDC documents are protected by the copyright laws of the United States.

License:

You have a limited nonexclusive license to:

A. Use EJCDC Design and Construction Related Documents on any number of machines owned, leased or rented by your company or organization.

B. Use EJCDC Design and Construction Related Documents in printed form for bona fide contract documents.

C. Copy EJCDC Design and Construction Related Documents into any machine readable or printed form for backup or modification purposes in support of your use of EJCDC Design and Construction Related

Documents.

You agree that you will:

A. Reproduce and include EJCDC’s copyright notice on any printed or machine-readable copy, modification, or portion merged into another document or program. All proprietary rights in EJCDC Design and

Construction Related Documents are and shall remain the property of EJCDC.

B. Not represent that any of the contract documents you generate from EJCDC Design and Construction

Related Documents are EJCDC documents unless

1. the document text is used without alteration or

2. all additions and changes to, and deletions from, the text are clearly shown.

You may not use, copy, modify, or transfer EJCDC Design and Construction Related Documents, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license.

Reproduction of EJCDC Design and Construction Related Documents in printed or machine-readable format for resale or educational purposes is expressly prohibited.

If you transfer possession of any copy, modification or merged portion of EJCDC Design and Construction

Related Documents to another party, your license is automatically terminated.

Term:

The license is effective until terminated. You may terminate it at any time by destroying EJCDC Design and

Construction Related Documents altogether with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy EJCDC Design and Construction Related

Documents along with all copies, modifications and merged portions in any form.

Limited Warranty:

EJCDC warrants the CDs and diskettes on which EJCDC Design and Construction Related Documents is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt.

There is no other warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

EJCDC does not warrant that the functions contained in EJCDC Design and Construction Related Documents will meet your requirements or that the operation of EJCDC Design and Construction Related Documents will be uninterrupted or error free.

Limitations of Remedies:

EJCDC’s entire liability and your exclusive remedy shall be:

A. the replacement of any document not meeting EJCDC's "Limited Warranty" which is returned to EJCDC’s selling agent with a copy of your receipt, or

B. if EJCDC’s selling agent is unable to deliver a replacement CD or diskette which is free of defects in materials and workmanship, you may terminate this Agreement by returning EJCDC Document and your money will be refunded.

In no event will EJCDC be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use EJCDC Design and Construction Related

Documents even if EJCDC has been advised of the possibility of such damages, or for any claim by any other party.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General:

You may not sublicense, assign, or transfer this license except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.

This Agreement shall be governed by the laws of the State of Virginia. Should you have any questions concerning this Agreement, you may contact EJCDC by writing to:

Arthur Schwartz, Esq.

General Counsel

National Society of Professional Engineers

1420 King Street

Alexandria, VA 22314

Phone: (703) 684-2845

Fax: (703) 836-4875 e-mail: aschwartz@nspe.org

You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.

20. Pandemic Conditions Safety Guidelines

Pandemic Conditions Safety Guidelines

COVID-19 has changed the jobsite. Contractors need to work with owners to identify potential risks on each site during construction activities and develop a safety plan for their employees, visitors and inspectors. Contractors need to review and enhance their infection control plans to include awareness, training, and use of personal protective equipment.

Below are some of the practices and precautions being used and implemented across jobsites:

• Review and adjust project schedules to allow for social distancing, including staggered work scheduling and extra shifts to physically separate employees working on site.

• Develop a written policy with provisions to inform employees and for enforcement.

• Complete a health survey prior to entering a work site.

• Conduct job site safety briefings remotely and do not report to construction trailers.

• Provide facilities and procedures for proper disposal and removal of used cleaning and PPE supplies.

• Eliminate coffee and lunch trucks and use of centralized gathering or eating areas. Advise employees to bring their own food, drink, and utensils.

• Encourage employees to change and wash clothing when they get home or to use on site facilities, if available.

• Prepare additional contingency plans for potential reduction in work force, limited material supplies, or the need to suspend a job site for cleaning.

• Plan for maintaining job sites safely and securely during any shut down periods, including from fires during construction and potential exposure hazards.

• Work with owners and facility managers to ensure essential ITM work is continued, systems remain in service, and impairments continue to be addressed immediately.

• Work with building and fire officials to schedule plan reviews, permitting, and field inspections.

• Review and comply with OSHA requirements for employers to prevent employee exposure to the virus including PPE standards requiring gloves, goggles or safety glasses, face protection, and respiratory protection.

mailto:aschwartz@nspe.org

The CDC has not made specific recommendations for the construction industry regarding COVID exposures;

however, the published best practices include:

• Monitor and follow WHO/CDC/OSHA recommendations.

o www.coronavirus.com o www.cdc.gov/coronavirus o https://www.osha.gov/Publications/OSHA3990.pdf

• Monitor and follow federal, state, and local government mandates and recommendations.

• Practice social distancing as recommended by the CDC to include maintaining a six-foot distance, no shaking hands, no gathering of more than ten (10) people, covering mouth and nose when sneezing or coughing, and avoid touching your face.

• Stay home if you are sick.

• Provide a process to recognize and remove sick employees.

• Provide facilities for and encourage frequent hand washing and sanitizing.

• Allow and encourage employees to work from home where possible.

• Provide additional resources and technology to assist remote employees.

• Cancel in person meetings and shift meetings to online.

• Only allow essential employees in the office and on job sites.

• Eliminate visitors.

• Eliminate travel.

• Make provisions for additional cleaning including restrooms, equipment, tools, and commonly touched areas.

21. General Terms And Conditions

ATTACHMENT 1

GENERAL TERMS AND CONDITIONS

21.1. DEFINITIONS

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

“Agreement” are synonymous.

• Deliverable: The completion of a milestone or the accomplishment of a task associated with the Work.

• Free on Board (FOB) Destination: The Contractor(s) is responsible for delivery of materials to a specified delivery point. The risks of loss are borne by the seller or consignee. Title passes when delivery is received by the buyer at destination. Seller has total responsibility until shipment is delivered.

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