TRANSPORT_AND_REMOVAL_OF_FLY_ASH_(Addendum_#1_Revision).pdf

GENERAL SOLICITATION DOCUMENT

RFP-2024-004

TRANSPORT AND REMOVAL OF FLY ASH

Gainesville Regional Utilities

301 SE 4th Avenue

Gainesville, FL 32601

RELEASE DATE: October 12, 2023

DEADLINE FOR QUESTIONS: October 27, 2023

RESPONSE DEADLINE: November 1, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/gru https://secure.procurenow.com/portal/%7bproject.government.code%7d

Gainesville Regional Utilities

GENERAL SOLICITATION DOCUMENT

TRANSPORT AND REMOVAL OF FLY ASH

I. Introduction II. Pre-Bid/Pre-Proposal Meeting

III. Response Submittals IV. Examination of Solicitation Documents & Work Site V. Response Preparation

VI. Technical Specifications/Scope of Work VII. Price

VIII. Deviations from Specifications IX. Distribution of Information X. Solicitation Response

XI. Modification or Withdrawal of a Response To a Solicitation XII. Evaluation Phases

XIII. Terms of Award XIV. Public Entity Crimes/Debarment/Suspension/Termination XV. Disclosure, Confidentiality

XVI. Lobbying XVII. Blackout Period

XVIII. Collusion XIX. Small Business Enterprise (SBE) XX. Local Preference

XXI. Pandemic Conditions Safety Guidelines XXII. General Terms And Conditions

XXIII. Supplemental Conditions

Attachments:

A - Contract Sample (GRU)

B - Fly Ash Laboratory Analysis

C - MSDS_DHR Fly Ash_6.04.14

General Solicitation Document #RFP-2024-004 Title: TRANSPORT AND REMOVAL OF FLY ASH

1. Introduction

INSTRUCTIONS

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.

• 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.

1.1. Summary

This specification covers the transportation and removal of fly ash generated from the combustion process at the Deerhaven Renewable Generating Station (DHR/Plant). A contract for services may not be exclusive and is subject to plant demands and alternate options.

1.2. Contact Information

Project Contact:

Sharif Alam

Analyst Senior

P.O. Box 147051 Station A110

Gainesville, FL 32614-7051

Email: alamss@gru.com

Phone: (352) 393-1736

Procurement Contact:

Michael Benefield

Procurement Specialist III

301 SE 4th Ave

Sta. A-105

GAINESVILLE, FL 32601

Email: benefieldma@gru.com

Phone: (352) 393-1252

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: 3:00 pm on Friday, October 27, 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 October 12, 2023

Pre-Proposal Meeting (Non-Mandatory) October 17, 2023, 1:00pm

Conference Room - Deerhaven Renewable Energy

11201 NW 13th Street, Gainesville Renewable

Energy, 11201 NW 13th Street, Gainesville, Fl.

32653

(Across the street from Brighton Car Wash) mailto:alamss@gru.com tel:(352)393-1736 mailto:benefieldma@gru.com tel:(352)393-1252 https://procurement.opengov.com/portal/GRU

Question Submission Deadline October 27, 2023, 3:00pm

Question Response Deadline October 30, 2023, 3:00pm

Proposal Submission Deadline November 1, 2023, 2:00pm

2. Pre-Bid/Pre-Proposal Meeting

2.1. Pre-Bid/Proposal Meeting (non-mandatory)

A non-mandatory meeting will be held on Tuesday, October 17, 2023 beginning at 1:00 pm at

Conference Room - Deerhaven Renewable Energy 11201 NW 13th Street, Gainesville Renewable Energy, 11201 NW 13th Street, Gainesville, Fl. 32653 (Across the street from Brighton Car Wash). 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. Options (present Photo ID)

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

2.3. Options (site visit)

A site visit will be conducted following the meeting.

2.4. Options (Penalty for Pre-Bid/Proposal Meeting late arrival)

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

2.5. Options (PPE required)

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

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":

3.1. Pricing Response/Table*

Please upload Pricing Response/Table.

*Response required

3.2. 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

3.3. Annual TCLP*

Please confirm the ability to provide a TCLP of the fly ash being hauled from DHR on an annual basis, by a certain date per year specified by GRU. Please refer to the attachments section document named "B -

Fly Ash Laboratory Analysis" for an example

☐ Please confirm

*Response required

3.4. DRUG-FREE WORKPLACE CERTIFICATION FORM - IF APPLICABLE

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 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=AKIARC2J5PZDGOGWDMYG&Expires=1697644787&Signature=LLqZq%2Bayqo2QzvBenFRdDMq%2Bm68%3D&response-content-disposition=attachment%3B%20filename%3D%22RESPONDENT%25E2%2580%2599S_CERTIFICATION_%28GRU%29.pdf%22 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.

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...

3.5. CERTIFICATION OF COMPLIANCE WITH LIVING WAGE*

Please download the below documents, complete, and upload.

• CERTIFICATION_OF_COMPLIANCE...

*Response required

3.6. Subcontractor Information Form - IF APPLICABLE

Please download the below documents, complete, and upload.

List all subcontractors that will be used for the 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 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=AKIARC2J5PZDGOGWDMYG&Expires=1697644787&Signature=Vcq7bOHLlkgUh1cP89tQZuS5S9g%3D&response-content-disposition=attachment%3B%20filename%3D%22DRUG-FREE_WORKPLACE_CERTIFICATION_FORM_%28GRU%29.pdf%22 https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/905/010f9597-2978-4125-bea5-6466a840fa03_CERTIFICATION_OF_COMPLIANCE_WITH_LIVING_WAGE_%28GRU%29.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1697644787&Signature=uj0MhedMw2PJu39FeYx6XCqATUI%3D&response-content-disposition=attachment%3B%20filename%3D%22CERTIFICATION_OF_COMPLIANCE_WITH_LIVING_WAGE_%28GRU%29.pdf%22 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).

• 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...

3.7. Confirmation of Compliance with Technical Specifications * Please confirm you are able to comply with the Technical Specifications/Scope of Work

☐ Please confirm

*Response required

3.8. Beneficial Reuse/Credit to GRU*

Please provide a summary document of how the fly ash hauling process will be conducted from the point the fly ash is picked up from DHR to the final destination of the fly ash. Please provide details on beneficial reuse if this is being performed and whether a credit will be provided to GRU for beneficial reuse https://sam.gov/content/exclusions 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=AKIARC2J5PZDGOGWDMYG&Expires=1697644787&Signature=N4P8BZBwTL%2Buzrg%2BhJIjciVIHS8%3D&response-content-disposition=attachment%3B%20filename%3D%22Subcontractor_Information_Form_%28GRU%29.pdf%22

*Response required

3.9. SBE/SDVE Certification - IF APPLICABLE

If small business enterprise (SBE) or service disabled veteran enterprise (SDVE), provide evidence that you are certified by the City of Gainesville Equal Opportunity Department (EO) in order to receive the preference

3.10. Business Tax Receipt - IF APPLICABLE

If local business, provide Business Tax Receipt with the City of Gainesville in order to receive the preference.

3.11. Zoning Compliance Permit - IF APPLICABLE

If local business, provide Zoning Compliance Permit with the City of Gainesville in order to receive the preference

3.12. Diversity and Inclusion Policy?

Does your company have a policy on diversity and inclusion? If so, please submit.

3.13. 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

3.14. 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

3.15. Debarment/Suspension/Termination*

Debarment/Suspension/Termination

Debarment/Suspension. The purchasing 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 purchasing representative, after consulting with the City 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:

A. 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;

B. 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 City contractor, within five years of a proposed award;

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

D. Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing 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;

E. For any provision of, or offer, gift or agreement to provide, any gratuity, kickback or offer of employment to any current or former City 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;

F. 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;

G. 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;

H. During the period of a contract with GRU, employing, or offering employment to, any current

City employee participating directly or indirectly in the procurement process, within three years of a proposed award;

I. Any other cause the purchasing representative determines to be so serious and compelling as to affect responsibility as a City contractor, including debarment by another governmental entity for any cause listed in this Section;

J. The foregoing is supplemental to any applicable provisions of Section 287.133, Florida Statutes

(F.S.), as amended. In the event of any conflict between this provision and the requirements of said statute, the statute shall prevail.

Rejection of Bids/Termination of Contract

A. Previously solicited and/or accepted bids may be rejected or acceptance revoked prior to beginning of performance upon discovery by GRU that the bidder or its affiliates have committed any act which would have been cause for debarment, or were on the convicted vendor list prepared under the provisions of Section 287.133, F.S., as amended, at or prior to the acceptance of the bid.

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

*Response required

3.16. No Bid Response

There are two ways to submit a 'No Bid" on a project.

A. Click the No Bid button at the opening screen for the project that has been posted: We ask for some additional information about your No Bid selection:

B. The second way to submit a "No Bid" is when you are in the process of drafting a response to a project.

Again, we seek additional information about your decision to choose "No Bid".

☐ Please confirm

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,

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 .

http://www.gru.com/

6. Technical Specifications/Scope of Work

6.1. Technical Specifications

• This specification covers the loading, transportation, and disposal of fly ash generated from the combustion process at the Deerhaven Renewable Generating Station (DHR/Plant). A contract for services may not be exclusive and is subject to plant demands and alternate options.

• The Contractor is responsible for supplying an appropriate truck and driver for the transportation and disposal of the fly ash on an approximately weekly basis as outlined herein.

• The fly ash will require a truck to load at the silo. Truck maximum height cannot exceed 12’ 6”.

• Primary disposal shall be beneficial use in accordance will all local, state and federal regulations.

Landfill may be used only as a temporary alternative to beneficial use. Landfill option must be expressed before landfill option is used.

• The fly ash is a non-hazardous by-product as described in the attached Laboratory Analyses and

Safety Data Sheet. The volume of product generated is dependent on the operation of the plant and can change based on unit load & outages. Recent typical weekly volumes are 375 tons weekly, with each load weighing an average of 25 tons and 15 loads to be hauled per week.

6.2. Scope of Work

• Contractor shall provide sufficient trucks to transport fly-ash for proper removal.

• DHR shall be solely responsible for determining the need for removal of fly ash from the site.

Contractor shall be solely responsible for dispatching sufficient trucking capacity. Scheduling for pickup will typically be a day ahead.

• Contractor is solely responsible for transport of fly ash in a method approved by county, state, and federal transportation regulations. Trucks or tractor/trailers shall have appropriate equipment and servicing to prevent spillage and dusting.

• DHR shall provide an operator to assist in the loading of fly ash trucks.

• Contractor and GRU shall establish a schedule for operation that accomplishes the loading and removal of all products in the most efficient manner for both parties. Fly ash can be loaded from

0645 to 1700 Monday through Friday. Times outside this time frame will be considered on a case-by-case basis.

• GRU/DHR staff reserves the right to inspect all trucks provided by the Contractor for loading and may deny loading of any truck that does not have properly fitted covers or non-serviceable tailgates.

• The DHR Operator shall maintain plant records of all trucks entering the facility for loading. Contractor and GRU shall agree on record keeping requirements that will serve the requirements of both parties.

• DHR staff shall provide a hauling manifest for transportation from site.

6.3. Ultimate Disposal of Fly Ash

• Contractor shall manage and dispose of this material in a safe and workmanlike manner in full compliance with all valid and applicable federal, state, and local laws, ordinances, orders, rules, and regulations. Contractor shall use Beneficial use/disposal facilities that have been issued permits, licenses, certificates or approvals required by valid and applicable laws, ordinances, and regulations necessary to allow the facility to accept and dispose of this material.

• Contractor shall provide the name and contact information and any pertinent regulatory information of any Waste Disposal Facility to GRU staff for inspection and verification.

• Contractor shall not change the ultimate fate of the fly ash without the approval of GRU Fuels

Management staff who has secured the necessary departmental approvals.

• GRU staff shall have the right to inspect any beneficial use/waste disposal facility for compliance with all applicable rules, laws, ordinances, and regulations.

• The Contractor shall provide appropriate paperwork as provided in the solid waste regulations for transport and ultimate fate of the fly ash. The Contractor shall be responsible for completing the manifest along with the material disposal weight tickets and returning copies of each to

Deerhaven Renewable.

• DHR is a zero-discharge facility. It is not responsible, nor does it have the means to clean out trailers of fly ash on site.

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.

https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/GRU https://procurement.opengov.com/portal/gru/projects/63671

10. Solicitation Response

A. Bids may be received up to but not later than 2:00 pm and Wednesday, November 1, 2023 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/63671

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. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Price

The Respondent(s) price for performing the services required.

N/A N/A

2. Local Vendor

As defined by City of Gainesville Local Vendor

Ordinance

N/A N/A

3. Small Business and/or Disable Veteran

Preference

In accordance with the City of Gainesville

Resolution #150616

N/A N/A

4. Beneficial Reuse

Is the fly ash being disposed in a manner where it provides beneficial use to a facility and not being landfilled

N/A N/A

5. Credit to GRU

Is GRU receiving a credit for the beneficial reuse of the fly ash (revenue sharing)

N/A N/A

6. Reference

Business reference that offers insight as to the

Respondent's capability of performing the services required as well as experience performing such service.

N/A N/A

7. Meet Requirements per Response Submittal?

Meets all the requirements outlined in the response submittal documents that was a part of the invitation to bid.

N/A N/A

13. Terms of Award

13.1. Terms of Award (Multi-award, Best Interest)

Award will be made to one or more Respondent(s) based on net price, response time, references, beneficial reuse as GRU determines to be in its best interest.

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

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.

19. Small Business Enterprise (SBE)

19.1. Small Business Enterprise (SBE) Definition

Independently owned with a net worth of not more than five million dollars and employs 200 or fewer permanent full-time employees.

19.2. Small and Service-Disabled Veteran Business Program

A small or service-disabled veteran business, as certified by the City of Gainesville equal opportunity department (EO) Small and Service-Disabled Veteran Business Program (cityofgainesville.org) , will be given a preference of 5% of the total price not to exceed $25,000, when all of the following apply:

A. Purchase is anticipated to be greater than $50,000;

B. Award is based on evaluation criteria other than to the lowest responsive and responsible bidder;

C. The certified small or service-disabled veteran business being evaluated did not receive a Local

Preference; and

D. The preference is not prohibited by law.

http://www.cityofgainesville.org/OfficeofEqualOpportunity/SmallBusinessProcurement/SmallService-DisabledVeteranBusinessProgram.aspx

20. Local Preference

20.1. Local Preference (none)

The Local Preference Ordinance does not apply to this Solicitation. The ordinance can be found at 1.b.

Local Preference Ordinance - Original and Modification.pdf (cityofgainesville.org) A Local Preference

Decision Tree is below.

20.2. Local Preference (Estimates exceeding $50,000)

The Local Preference Ordinance applies to Solicitations for goods or services estimated to exceed

$50,000.

A. In solicitation of, or letting contracts for procurement of, supplies, materials, equipment and services, as described in the purchasing policies, the City Commission, or other purchasing authority, may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business’ total price, and in any event the cost differential should not exceed $25,000.

B. A “local business” means the Respondent has a valid business tax receipt, issued by the City of

Gainesville at least six (6) months prior to Response due date, to do business in said locality that authorizes the business to provide the goods, services, or construction services to be purchased, and a physical business address located within the limits of said locality, in an area zoned for the conduct of such business, from which the business operates or performs business on a day-to-day basis. Post office boxes are not verifiable and cannot be used for the purpose of establishing said physical address. In order to be eligible for local preference, the Respondent must provide a copy of the business tax receipt. The ordinance can be found at 1.b. Local Preference Ordinance

- Original and Modification.pdf (cityofgainesville.org). A Local Preference Decision Tree is below.

20.3. Local Preference Decision Tree

While not all encompassing, the following is provided as a guideline for determining whether the City of

Gainesville Local Preference Policy Ordinance (LPPO) applies to solicitation responses submitted to the

City. LPPO applies only to new solicitations. Respondents are advised to review the entire text of the

Local Preference Policy Ordinance. XXXX is advised to review the entire text of the LPPO at 1.b. Local

Preference Ordinance - Original and Modification.pdf (cityofgainesville.org) .

https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf https://www.cityofgainesville.org/Portals/0/bf/DoingBusiness/1.b.%20Local%20Preference%20Ordinance%20-%20Original%20and%20Modification.pdf…