METER_EXPANSION_WHEEL.pdf

GENERAL SOLICITATION DOCUMENT

ITB-2024-098

METER EXPANSION WHEEL

Gainesville Regional Utilities

301 SE 4th Avenue

Gainesville, FL 32601

RELEASE DATE: August 2, 2024

DEADLINE FOR QUESTIONS: August 7, 2024

RESPONSE DEADLINE: August 15, 2024, 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

One time purchase of expansion wheels needed for water meter change out and improvements for AMI installation replacement of hardware

1.2. Contact Information

Robbin Odowski

Procurement Specialist III

301 SE 4th Ave

Gainesville, FL 32601

Email: odowskirr@gru.com

Phone: (352) 393-1209

Department:

Utilities Stores

1.3. Timeline

Release Project Date August 2, 2024

Question Submission Deadline August 7, 2024, 12:00pm

Proposal Submission Deadline August 15, 2024, 2:00pm

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:odowskirr@gru.com tel:(352)393-1209

General Solicitation Document #ITB-2024-098 Title: METER EXPANSION WHEEL

• 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 Robbin Odowski. Respondents shall submit all inquiries regarding this bid via GRU e-Procurement Portal, located at https://procurement.opengov.com/portal/GRU. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on GRU e-Procurement Portal. Respondents shall click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the respondent to check the website for answers to inquiries.

2.3. EXAMINATION OF SOLICITATION DOCUMENTS AND WORK SITE

a) Prior to responding to the Solicitation, Respondents are responsible for the following: (a) examining the Solicitation thoroughly, (b) if applicable, visiting the work site to become familiar with local conditions that may affect the cost, progress, performance of furnishing the Work, (c) considering federal, state and local laws and regulations that may impact or affect cost, progress, performance or furnishing of the Work, (d) studying and carefully correlating Respondent’s observations with the Solicitation, and (e) notifying the Procurement Representative of all conflicts, errors or discrepancies in the Solicitation.

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

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

2.4. INTERPRETATIONS AND ADDENDA

a) All questions about the meaning or intent of the Solicitation are to be directed to the Procurement Representative, unless stated otherwise in the Solicitation. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda sent to all parties recorded as having received the Solicitation. Questions received less than seven (7) business days prior to the Response due date/time may not be answered by the Procurement Representative. Only questions answered by formal written Addenda will be binding.

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

c) Addenda issued by GRU prior to the Solicitation due date/time are considered binding as if written into the original Solicitation. Respondents are responsible for ensuring that all addenda have been received prior to submitting their Response.

2.5. RESPONSE PREPARATION

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

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

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

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

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

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

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

b) 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.

2.7. PRICE

a) The price stated on the Pricing Response Form is firm. Any additional charges that were not included in the Response will not be paid by GRU unless approved in writing by an authorized GRU representative. Subsequent to contract formation, pricing inconsistencies on invoices may be grounds to cancel the contract.

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.

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.

http://www.gru.com/

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.

i. Access procurement documents and related information.

ii. Receive automatic and instant notifications of government opportunities.

iii. Download solicitation documents and specifications online.

iv. Submit your bids and proposals online.

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

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

vii. Automatic notification of awards.

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

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

d) Ultimately, it is the sole responsibility of each respondent to periodically check the site for any addenda at https://procurement.opengov.com/portal/GRU. Vendor failure to retrieve available, required procurement information and include the appropriate documentation and information in solicitation responses may result in disqualification.

2.10. SOLICITATION RESPONSE

a) Bids may be received up to but not later than 2:00 pm on Thursday, August 15, 2024 via GRU e-Procurement Portal located at https://procurement.opengov.com/portal/GRU. GRU e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. Gainesville Regional Utilities strongly recommends completing your response well ahead of the deadline. By way of the e- Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

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

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

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

https://procurement.opengov.com/portal/gru/projects/107687 https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/ https://procurement.opengov.com/portal/gru/projects/107687 https://procurement.opengov.com/portal/GRU

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: 12:00 pm on Wednesday, August 7, 2024. All answers to inquiries will be posted on GRU e-Procurement Portal. Respondents shall click “Follow” on this solicitation to receive all email notifications when answers are posted, addenda issued, & other solicitation notices. It is the responsibility of the respondent to check the website for answers to inquiries.

Addenda Notification and Acknowledgement Addenda Notification:

Respondents are required to register for an account via GRU e-Procurement Portal hosted by OpenGov. Once the respondent has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each respondent to periodically check the site for any addenda at https://procurement.opengov.com/portal/GRU.

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 lowest, responsive, responsible Respondent.

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 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.

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

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. 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.

2.15. 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.

2.16. 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.

2.17. 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. TECHNICAL SPECIFICATIONS/SCOPE OF WORK

3.1. PURPOSE.

GRU is requesting formal bids and lead times for a one time purchase of expansion wheels in accordance with Standards Page Y 14.00 (Attached).

3.2. DETAILED DESCRIPTION OF WORK

a. To establish the requirements for water meters and associated parts on an as needed basis for the Water Distribution System.

b. Should technological, after-the-fact improvements result in a superseded or improved product which, if substituted, would result in an improved appearance, strength, performance or interchangeability, GRU reserves the right to purchase such improved item in place of the originally specified item; provided the successful bidder can act as supplier of the new item and acceptable pricing can be negotiated.

c. GRU may purchase expansion meters not identified herein under this contract, as it determines to be in its best interest.

3.3. ELIGIBILITY OF MATERIALS

a. All materials shall meet AWWA standards and be NSF approved.

b. When items being quoted are utility standard materials, which are required to be as specified and approved by Gainesville Regional Utilities Wastewater Standards, there will be no exceptions.

c. Otherwise, where a particular manufacturer’s name and catalog number “or equivalent” or “or equal” is specified, consideration will be given to other manufacturers. The term “or equivalent” shall be defined to mean of similar design and performance characteristics. If a product is being quoted as an equivalent, complete technical data and/or brochures necessary to properly evaluate such product shall be submitted with the bid.

3.4. OVERSHIPMENT

Over shipments and duplicate shipments will not be accepted without prior approval from an authorized GRU representative.

3.5. NONCONFORMING DEFECTIVE OR UNSATISFACTORY MATERIALS

a. If any meter or part supplied that does not comply with the specifications herein, shall be subject to return at the expense of the Supplier. Credit in an amount equal to the cost of the materials, plus any delivery charge resulting from such return, shall be made to the applicable GRU account. GRU shall have a sixty (60) day period following receipt of equipment to make notification of non-conformance.

b. If any part proves unsatisfactory or is defective in workmanship or materials, GRU reserves the right to arrange to return them. The Supplier shall be responsible for replacing the materials and paying all associated costs.

3.6. NONPERFORMANCE OF SUPPLIER

a. In the case of nonperformance of the awarded Supplier, the effect of which would work a hardship upon GRU, right is reserved to make purchases from other qualified manufacturers or distributors. Prices for such purchases will be negotiated at the time of purchase.

b. In the event such action is required, GRU reserves the right to invoke a “Back Charge” to the Supplier for the cost differential involved in making purchases from other than the successful Supplier.

3.7. LEAD TIME

Delivery of the expansion wheels are needed prior to September 30, 2024.

4. PRICING PROPOSAL

EXPANSION METER

Line Item Description Quantity Unit of Measure

Lead Time (In Weeks)

Unit Cost Total No Bid

1 YOKE METER EXPANSION 5/8 INCH X 3/4

INCH X 3/4 INCH SEE STANDARDS PAGE Y-

14.00

10,000 EA

TOTAL

5. 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":

5.1. Respondent Certification Form*

Please download the below documents, complete, and upload.

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

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

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

• RESPONDENT_CERTIFICATION_FO...

*Response required

5.2. Drug-Free Workplace Certification Form*

Please download the below documents, complete, and upload.

https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/b57235e3-927c-45ce-a6df-232bc1f6a1cc_RESPONDENT_CERTIFICATION_FORM.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OS2UAWPZ%2F20240802%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240802T200612Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEKv%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJIMEYCIQCX0dvN7ml%2FI5XewFgIxeVUeCKdhuEpBd97U9oKLT9YdQIhAM%2BtXCSmQwkdOXNQmlaGUlo%2FQRFzP%2F1u1cQKBwSZQY4aKowFCJT%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgwYMN6SlmeNI%2Bem7REq4ATieyjKp1spDqlqu4lBW4WxV1YQS6XXnjk1KfhcpY5%2B7aByPNByjFPIhLKlv8dG1FgWiXbND2SSPZR0vPEylabyrji7zig4ZWhUAyJQtjxSioMVxA7k4PYzUUtJu4FoXhX1xknDZ%2Fa6He6hhO0lVGjpbDYdGfKjWZ51LmCHOeElyL8aissh5KhBmuuBwanzv1E5Q6UEraEYH5qAWcXPrIE4eOVpJFaFoRDGsKU2tFqZZnydVBhGrzHBZXmw%2F%2FRTmNwZVktb9DFywu4Q%2FE%2B3g0gZzRB%2BlUgZ1CVHcJUBD5L7JlNbrsKgKrM%2FZVfcWF5gWdBgghQ0GhgvPRBYygfHdxUnYCDi7T%2BYX6kB0wjFYfhUtqOf0H6p2fOnE%2BdsquUuNmmxY1Ydb%2FcHi9EpyPM4MrZ96bDPAHTyDOTSX%2BF2Meism1DZh1JqDBtllk2nfQL7xQP7w1dml21SC4OsK%2FZTR6xHhrCfNswQsqVmMmgwg8tauVafiSobN1fWEcWgMJyU99QXSsL95VUOTPehy%2FAf%2BnntvrtQg9T3BHwKxXxvIJbsdFSbVmQf7MjrP8jzrvbfw%2B6GuN81lU9DVyzeLZiMPdxVpqRdY9odNAriK0XjCaXNo9V2j3ldGD9yTjeesMEW7Njz8yQ0m4cIItAZwl233V0K1tXDXbwVP%2Fp7vUe4UkkhG%2FmW5RdZ%2FfzSbLwGspP3FF2cnDLhxBfbWVf9fo1ddwTWCQGrc9kc4zCSJlacCV9TSuURQ0GDUlF8IKwZFh4p1SwNeYHaK5EtKiR70tpIgt%2FYbTofb4skfrpBHV5fAlTjuTCH27S1BjqaAdvd3fUwCQhENACNsIH8XolEaomKAA0vQKg9FGXK%2BsPfB9PTkPCpMhv8woKqUzyvi1wK9kWG9qxw5AybR1lfFbcfVV%2BQswipV2%2BwTUbxC%2BQtL9LU1v1aax3R5%2FoGewP00Vr0iY406gOs5Hh4m1IPRz2amxfbeWAwdGXqwIklMXnQtK1R7wykoaYwDhnrIWnqid145VVQf%2FINXpA%3D&X-Amz-Signature=1ac5fe74af0076cef3d17976ae623be5bd160afa9db8c499509cbe56e95de8e9&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22RESPONDENT_CERTIFICATION_FORM.pdf%22&x-id=GetObject

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

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

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

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

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

(5) days after such conviction.

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

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

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

• DRUG_FREE_WORKPLACE-FF_1.pdf

*Response required

5.3. 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 https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/072f7fce-45fc-476f-918e-09e522dee7e2_DRUG_FREE_WORKPLACE-FF_1.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4OS2UAWPZ%2F20240802%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240802T200612Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEKv%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJIMEYCIQCX0dvN7ml%2FI5XewFgIxeVUeCKdhuEpBd97U9oKLT9YdQIhAM%2BtXCSmQwkdOXNQmlaGUlo%2FQRFzP%2F1u1cQKBwSZQY4aKowFCJT%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgwYMN6SlmeNI%2Bem7REq4ATieyjKp1spDqlqu4lBW4WxV1YQS6XXnjk1KfhcpY5%2B7aByPNByjFPIhLKlv8dG1FgWiXbND2SSPZR0vPEylabyrji7zig4ZWhUAyJQtjxSioMVxA7k4PYzUUtJu4FoXhX1xknDZ%2Fa6He6hhO0lVGjpbDYdGfKjWZ51LmCHOeElyL8aissh5KhBmuuBwanzv1E5Q6UEraEYH5qAWcXPrIE4eOVpJFaFoRDGsKU2tFqZZnydVBhGrzHBZXmw%2F%2FRTmNwZVktb9DFywu4Q%2FE%2B3g0gZzRB%2BlUgZ1CVHcJUBD5L7JlNbrsKgKrM%2FZVfcWF5gWdBgghQ0GhgvPRBYygfHdxUnYCDi7T%2BYX6kB0wjFYfhUtqOf0H6p2fOnE%2BdsquUuNmmxY1Ydb%2FcHi9EpyPM4MrZ96bDPAHTyDOTSX%2BF2Meism1DZh1JqDBtllk2nfQL7xQP7w1dml21SC4OsK%2FZTR6xHhrCfNswQsqVmMmgwg8tauVafiSobN1fWEcWgMJyU99QXSsL95VUOTPehy%2FAf%2BnntvrtQg9T3BHwKxXxvIJbsdFSbVmQf7MjrP8jzrvbfw%2B6GuN81lU9DVyzeLZiMPdxVpqRdY9odNAriK0XjCaXNo9V2j3ldGD9yTjeesMEW7Njz8yQ0m4cIItAZwl233V0K1tXDXbwVP%2Fp7vUe4UkkhG%2FmW5RdZ%2FfzSbLwGspP3FF2cnDLhxBfbWVf9fo1ddwTWCQGrc9kc4zCSJlacCV9TSuURQ0GDUlF8IKwZFh4p1SwNeYHaK5EtKiR70tpIgt%2FYbTofb4skfrpBHV5fAlTjuTCH27S1BjqaAdvd3fUwCQhENACNsIH8XolEaomKAA0vQKg9FGXK%2BsPfB9PTkPCpMhv8woKqUzyvi1wK9kWG9qxw5AybR1lfFbcfVV%2BQswipV2%2BwTUbxC%2BQtL9LU1v1aax3R5%2FoGewP00Vr0iY406gOs5Hh4m1IPRz2amxfbeWAwdGXqwIklMXnQtK1R7wykoaYwDhnrIWnqid145VVQf%2FINXpA%3D&X-Amz-Signature=0ce67d7884f6c7ee38259f2be5eacbc8b49c4c822bb5cd001c30c57f99779da3&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22DRUG_FREE_WORKPLACE-FF_1.pdf%22&x-id=GetObject

5.4. Clarifications and Exceptions*

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

*Response required

6. GENERAL TERMS AND CONDITIONS

6.1. DEFINITIONS

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

“Agreement” are synonymous.

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

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

• Specification: A description of the physical or functional characteristics of goods or services as defined in the Solicitation.

• Work: Activity involving effort done in order to achieve a purpose or result requested in the scope.

6.2. COMPLIANCE WITH REFERENCED SPECIFICATIONS

All Work, materials, systems, or operations specified by reference to standard trade or manufacturer’s published specifications shall comply with the requirements, except as modified by this Contract. The specifications used must be the latest published edition that is in effect on the effective date of this Contract unless a particular edition is specified. In the event of a conflict, the specifications that contain the more stringent requirements will govern.

6.3. CHANGE ORDERS

a) GRU shall pay Contractor for the Work at the price[s] stated in this Contract. No additional payment will be made to Contractor except for additional Work or materials stated on a valid change order, and issued by GRU prior to the performance of the added Work or delivery of additional materials. A change order may be issued without invalidating the Contract, if a) made in writing; b) signed by the authorized representative(s), and c) accepted by Contractor.

b) Such change shall include the following: change orders that constitute changes: a) the general scope of Work,

b) the schedule, c) administrative procedures not affecting the conditions of the Contract, or d) the Contract price.

6.4. NOTICES.

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

6.5. PAYMENT

a) Invoicing. Contractor is responsible for invoicing GRU for Work performed pursuant to this Contract. Itemized invoices shall include the following information (if applicable): Contract number, Purchase Order number, item number, job number, description of supplies or services, quantities, unit prices, Work location, GRU Project Representative, job start date, job completion date or other pertinent information. Itemized invoice(s) must be mailed to Gainesville Regional Utilities, Accounts Payable, P.O. Box 147118, Station A-27, Gainesville, FL 32614- 7118 or e-mailed to accountspayable@gru.com.

b) Receipting Report for Services. An itemized receipting report for services must be provided to the GRU Project Representative prior to invoicing which includes the number of hours and labor rates by job title, overhead, authorized per diem or travel expenses, and other charges. Receipting reports shall be used by the Project Representative to verify the services rendered.

c) Payment Terms. Unless otherwise agreed upon in writing, GRU’s payment terms are net thirty (30) days from receipt of correct invoice. Contractor shall not submit more than one (1) invoice per thirty-day period. Any delay in receiving invoices, or error and omissions, will be considered just cause for delaying or withholding payment.

Invoices for partially completed Work may be allowed with GRU’s prior approval. All partial invoices must be clearly identified as such on the invoice. Any charges or fees will be governed by current Florida Statutes.

d) Lien Release. Before the final acceptance of the Work and payment by GRU, Contractor shall furnish to GRU an affidavit and final waiver that all claims for labor and materials employed or used in the construction of said Work have been settled and no legal claim can be filed against GRU for such labor and materials. If such evidence is not furnished to GRU, such amounts as may be necessary to meet the unsatisfied claims may be retained from monies due to Contractor under this Contract until the liability has been discharged.

e) Final Payment/Acceptance. The acceptance by Contractor of final payment due on termination of the Contract shall constitute a full and complete release of GRU from any and all claims, demands and causes of action whatsoever which Contractor, its successors or assigns have or may have against GRU under the provisions of this Contract.

6.6. COMPLIANCE WITH LAWS AND REGULATIONS

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

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

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

6.8. VERIFICATION OF EMPLOYEES

mailto:accountspayable@gru.com

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

6.9. SOVEREIGN IMMUNITY

Nothing in this Contract shall be interpreted as a waiver of GRU’s sovereign immunity as granted pursuant to Section 768.28 Florida Statutes.

6.10. SEVERABILITY

If any provision of this Contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the Parties shall be construed and enforced as if this Contract did not contain the particular provision held to be invalid.

6.11. ASSIGNMENT

GRU or Contractor shall not assign or transfer, in whole or in part, any right or obligation pursuant to this Contract, without the prior written consent of the other Party.

6.12. AUDIT OF RECORDS

Contractor shall maintain records sufficient to document completion of the scope of services pursuant to this contract. At all reasonable times, these records shall be made available to review, inspect, copy and audit by persons duly authorized by GRU. These records shall be kept for a minimum of three (3) years after termination of this Contract. Records that relate to any litigation, appeals or settlement of claim arising pursuant to the performance of this Contract shall be made available until a final disposition has been made of such litigation, appeal, or claim.

6.13. NONEXCLUSIVE REMEDIES

Except as expressly set forth in this Contract, the exercise by either Party of any of its remedies under this Contract shall be without prejudice to its other remedies under this Contract or otherwise.

6.14. ADVERTISING

Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from GRU, including but not limited to, mentioning the Contract in a press release or other promotional material, identifying GRU as a reference, or otherwise linking Contractor’s name and either a description of the Contract or the name of the GRU in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative.

6.15. MODIFICATION OF TERMS

This Contract constitutes the entire agreement between the Parties. No oral agreements or representations shall be valid or binding upon GRU or Contractor. No alteration or modification of this Contract, including substitution of product, shall be valid or binding unless authorized by GRU. Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto Contractor’s order or fiscal forms or any other documents forwarded by Contractor for payment. An acceptance of product or processing of documentation on forms furnished by Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

6.16. WAIVER

Any delay or failure by GRU to exercise or enforce any of its rights pursuant to this Contract shall not constitute or be deemed a waiver of GRU’s right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.

6.17. DISCLOSURE AND CONFIDENTIALITY

a) Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public records request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

i. 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:

1. 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.

2. 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.

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

1. 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.

2. 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.

3. 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.

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

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

6.18. PUBLIC RECORDS

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

i. Keep and maintain public records, as defined in…