Active SLED Opportunity · FLORIDA · GAINESVILLE REGIONAL UTILITIES

    ANNUAL PROVISION OF POLYETHYLENE GAS PIPE

    Issued by Gainesville Regional Utilities
    localRFQGainesville Regional UtilitiesSol. 286638
    Open · 28d remaining
    DAYS TO CLOSE
    28
    due Sep 3, 2026
    PUBLISHED
    Jul 31, 2026
    Posting date
    JURISDICTION
    Gainesville Regional
    local
    NAICS CODE
    423720
    AI-classified industry

    AI Summary

    Gainesville Regional Utilities seeks bids for an annual contract to supply polyethylene gas pipe, aiming to improve supply chain efficiency and reduce costs. The contract spans three years with options to renew, requiring compliance with technical specifications and federal regulations. Bids are due by September 3, 2026, via GRU's e-Procurement Portal.

    Opportunity details

    Solicitation No.
    286638
    Type / RFx
    RFQ
    Status
    open
    Level
    local
    Published Date
    July 31, 2026
    Due Date
    September 3, 2026
    NAICS Code
    423720AI guide
    State
    Florida
    Agency
    Gainesville Regional Utilities

    Description

    GRU is soliciting gas polyethylene pipe in accordance with the attached Scope of Work and Technical Specifications for the purpose of executing an annual contract. The objective of this contract is to form an alliance to generate efficiencies in the supply chain while reducing total cost of ownership through cooperative efforts of GRU and the successful supplier and their respective manufacturers

    Background

    Making Gainesville A Better Place To Live, Work and Play

    Gainesville Regional Utilities, known as GRU, is a multi-service utility owned by the City of Gainesville. We are the 5th largest municipal electric utility in Florida.

    Our combined services make us the most comprehensive utility service provider in the state. We serve approximately 100,000 retail and wholesale customers in Gainesville and surrounding areas, offering:

    • Electric
    • Natural gas
    • Water
    • Wastewater
    • Telecommunications services

    Project Details

    • Reference ID: ITB 2026-107
    • Department: Utilities Stores
    • Department Head: Barrie Corp (Supply Chain Manager)

    Important Dates

    • Questions Due: 2026-08-27T04:00:00.000Z

    Evaluation Criteria

    • Conduct of Work

      Supplier shall be considered an independent entity and as such shall not be entitled to any right or benefit to which GRU employees are or may be entitled to by reason of employment. Except as specifically noted in this ContractSupplier shall be solely responsible for the means, methods, techniques, sequences, and procedures utilized by Supplier in the performance of this ContractSupplier will assign only competent and skilled workers to perform the Work. All of Supplier’s personnel or subcontractors engaged in any of the Work performed pursuant to this Contract are under Supplier's sole direction, supervision and control at all times and in all places. Supplier's employees must be as clean and in good appearance as the job conditions permit, conducting themselves in an industrious and professional manner. Supplierand its employees cannot represent, act, or be deemed to be an agent or employee of GRU. Nothing in this Agreement is intended to or shall be deemed to constitute a partnership or joint venture between the Parties. Further, unless specifically authorized to do so, the Supplier shall not represent to others that, as the Supplier, it has the authority to bind GRU to any third-party agreement.

    • Applicability and Incorporation

      Contractor shall comply with all applicable federal requirements incorporated into the federal award or otherwise applicable to the federally funded Work, including:

      1. 2 C.F.R. Part 200;
      2. Appendix II to 2 C.F.R. Part 200;
      3. Applicable agency regulations and binding award conditions; and
      4. All other applicable federal laws and regulations governing the federally funded Work.

      Certain provisions of this Attachment apply only where required by federal statute, regulation, award condition, contract type, or monetary threshold.

      All costs charged to federally funded Work under this Contract shall comply with applicable federal cost principles, including 2 C.F.R. Part 200, Subpart E.

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

      GRU is soliciting gas polyethylene pipe in accordance with the attached technical specifications for the purpose of executing an annual contract. The objective of this contract is to generate efficiencies in the supply chain while reducing total cost of ownership through cooperative efforts of GRU and successful supplier(s) and their respective manufacturers

    • General Requirements for Contractor
      1. All products quoted shall meet the requirements of the Standards and Specifications Divisions (Attachment 4) for GRU. Contractors shall not quote a product that has not been approved by the appropriate Standards and Specifications personnel prior to receipt of Proposal documents.
      2. After award of contract, Contractor shall work with the appropriate Standards and Specifications personnel to approve new products and/or make specification changes with the overall goal of reducing total cost of ownership.
      3. The Contractor shall have the ability to deliver materials at mutually agreed upon intervals and to respond to emergency requests as agreed upon.
      4. The Contractor shall NOT change the manufacturer of a specific stock item without prior approval in writing from GRU. The request for change must explain in detail the reason(s) for the change.
      5. GRU reserves the right to add, modify, or delete items from this contract consistent with the provisioning of gas polyethylene pipe .  This action will not require an Amendment to the Contract, however a written agreement via email between the Authorized Representatives shall be added to the contract file.
    • Prohibition Against Contingent Fees
      The Professional Engineer, Architect, or registered Surveyor and Mapper, as applicable, warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Professional Engineer, Architect, or registered Surveyor and Mapper, as applicable to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Professional Engineer, Architect, or registered Surveyor and Mapper any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.” For the breach or violation of this provision, GRU shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
    • Responsible/Responsive Bidder

      A responsible bidder has the capability to perform the contract requirements in all respects, including the experience, integrity, reliability, capacity, facilities, equipment, and good credit, which will help assure good faith performance. A bidder’s qualifications may be considered in making an award recommendation. GRU has the right to verify the qualifications of a bidder as GRU deems appropriate either before or after the bid opening.

      A responsive bidder has submitted a bid which fully conforms in all material aspects to the solicitation’s requirements, as determined solely by GRU. “Material” aspect refers to factors of importance which help to ensure that the bidder will adequately comply with the prerequisites of the solicitation by performing the work in the manner specified, or providing equipment or goods meeting specifications.

      If GRU determines either that a bidder is not responsible, or the bid submitted is nonresponsive, written notice will be sent by the Purchasing representative to the bidder, setting forth the basis of the finding. The failure of a bidder to promptly supply such information to support their company’s capabilities as may be requested by the Purchasing representative may be grounds for GRU to determine that the bidder is not responsible. Similarly, the failure of a bidder to promptly supply information in connection with an inquiry may be grounds for a determination of non-responsiveness.

      GRU may, in the exercise of its sole discretion, require a prequalification process in connection with any bid. In such case, a prequalification form is sent to bidders to complete which helps GRU assess the bidder’s qualifications and experience. Bidders are notified whether or not they qualify to participate in the solicitation. The form may also be modified for submittal with the bid response based on the type of goods or services needed. If a prequalification process is not used, GRU may also elect to award the solicitation based on an evaluated process.

    • 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 the Contract or Purchase Order. The specifications used must be the latest published edition that is in effect on the effective date of the Contract or Purchase Order unless a particular edition is specified. In the event of a conflict, the specifications that contain the more stringent requirements will govern.

    • Remedies for Noncompliance

      Should the Contractor’s contract with GRU be for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, in the event of Contractor’s breach of this Contract or violation of applicable federal requirements, GRU may impose remedies permitted by law, including:

      1. Withholding of payments;
      2. Disallowance of costs;
      3. Suspension of work;
      4. Termination;
      5. Recovery of improperly charged costs;
      6. Pursuit of damages; and
      7. Any other remedies available at law or in equity.

      GRU may withhold payment for work determined to be noncompliant pending correction by Contractor. Remedies shall be exercised consistent with applicable federal requirements and principles of due process.

    • Notice

      SOLICITATION FOR:  ANNUAL PROVISION OF POLYETHYLENE GAS PIPE

      SOLICITATION NO.: ITB 2026-107

      CLOSING DATE AND TIME: Thursday, September 3, 2026 at 12:00 am

      GRU NEEDS: Gainesville Regional Utilities (GRU) is seeking to procure ANNUAL PROVISION OF POLYETHYLENE GAS PIPE

      WHERE TO SUBMIT BIDS: Bids shall be submitted online on the OpenGov website prior to the closing date and time. OpenGov can be accessed by the following: https://produrement.opengov.com/signup

      BID BOND REQUIRED: No

    • Project Scope and Minimum Requirements
      1. Project Scope: GRU is looking for a supplier(s) to enter into a three-year contract to furnish gas polyethylene pipe  listed in this ITB. The objective of this contract is to generate efficiencies in the supply chain while reducing total cost of ownership through cooperative efforts of GRU and successful supplier(s) and their respective manufacturers.
      2. Value Engineering: Contractor(s) and GRU are encouraged to identify ways to reduce total costs related to gas polyethylene pipe provided and may negotiate Contract amendments that support and allow such reductions/enhancements.
      3. Quantities: This is a three (3) year contract, with the option to renew for an additional two year period.  Quantities indicated on the Pricing Response form represent projected estimated annual usage.  The purpose of these quantities is to establish a probable volume and shall not be binding or interpreted as a guaranteed minimum or maximum.
      4. Emergency Assistance: If a declared emergency occurs in the area of GRU (hurricane, tropical storm, tornadoes, etc.) during the term of this contract,  GRU may request Contractor to supply material on a priority basis to aid in restoration.
      5. Specification Revisions: GRU reserves the right to revise its specifications at any time during the contract term and negotiate a price adjustment with the Contractor.  GRU will purchase any quantities which the Contractor was previously requested to stock for GRU safety stock.  If the Contractor is unable or unwilling to make such revisions, GRU may terminate the contract upon thirty (30) days written notice.
      6. Items Not Covered By Specifications: When GRU requires goods not covered by the specifications herein, the Project Representative may request a written quote for the item(s).  GRU may, at its sole discretion, elect to procure those goods from the Contractor in accordance with this contract, or may elect to procure them elsewhere. If the Project Representative elects to procure the item(s) from the Contractor, a separate purchase order will be issued.
      7. Stock Levels: GRU may establish stocking levels for certain critical items if it determines to be in GRUs best interest.  Pricing will be negotiated at the time of this request.
      8. Defective Or Unsatisfactory Materials: If any item proves unsatisfactory or defective in workmanship and/or material, product will be returned freight collect and undelivered balances will be cancelled.
      9. Over Shipment: Over shipments and duplicate shipments will not be accepted unless prior written approval has been received from the Procurement Division.
      10. Non-Performance of Successful Bidder. In the event of non-performance by the successful bidder, the effect of which would cause a hardship upon GRU, GRU has the right to make purchases from other qualified bidders outside of this contract. 
    • Change Orders

      GRU shall pay Supplier for Work at the price[s] stated in the Contract  or Purchase Order. No additional payment will be made to Supplier except for additional work stated on a valid change order and issued by GRU prior to the performance of the added work. A change order may be issued without invalidating the Contract , if

      • made in writing; 
      • signed by the authorized representative(s), and 
      • accepted by Supplier

      Change orders may constitute changes to the following:

      • Statement of Work, 
      • Schedule
      • administrative procedures not affecting the conditions of the Agreement, or
      • the Agreement price
    • Termination

      This Contract may be terminated in whole or in part as follows:

      1. Termination for Cause. GRU may terminate this Contract for Contractor’s failure to perform, failure to comply with Contract requirements, or failure to comply with applicable federal requirements.
      2. Termination for Convenience. GRU may terminate this Contract at any time without cause upon written notice, subject to the availability of federal funding.
      3. Settlement. Upon termination, Contractor shall be paid for allowable work properly performed in accordance with applicable federal cost principles and the terms of the Contract.
      4. The manner by which termination shall be effected and the basis for settlement shall be as set forth in the Contract and applicable federal requirements.
    • Responsibilities

      Supplier Responsibilities:

      Performance: Supplier shall perform all Work promptly and diligently in a good, proper and workmanlike manner in accordance with the Specifications. In performing the Work, Supplier has the freedom to perform Work in the manner which is most beneficial to the project provided that it is within the limits of these Specifications.

      Project Related Requirements: Supplier is responsible for providing and paying expenses for all labor, tools, equipment, and materials. All project related requirements must be of high quality, in good working condition, and conducive for the particular task. Adequate first aid supplies must be provided by Supplier and accessible to employees. These may include, but are not limited to, sanitation facilities, potable water, and office trailers.

    • Notices

      Notices to Supplier shall be deemed to have been properly sent when delivered to Supplier's physical address and/or email.

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

    • Liquidated Damages

      Liquidated damages shall be assessed in the amount of N/A. (Define when liquidated damages will apply).

    • Delivery
      1. Delivery shall be on an as-needed basis.  Orders will be placed by issue of a purchase order.
      2. Contractor is expected to maintain an on time delivery ration of 95% or better.
      3. Vendor must indicate on the price form the lead time from receipt of purchase order to receipt of goods at the GRU warehouse.
      4. Vendor must indicate on the price form any minimum release requirements. 
      5. All materials and equipment will be delivered F.O.B. Destination, freight included to GRU dock. 
    • Timeline
      Release Project Date:July 31, 2026
      Question Submission Deadline:August 27, 2026, 12:00am
      Response Submission Deadline:September 3, 2026, 12:00am
      Intent to Award:September 7, 2026
    • Changes

      GRU may, at any time, by written order, make changes within the general scope of this Contract, including changes to specifications, method or manner of performance, schedule, or federally required compliance measures.

      Contractor shall not perform changes outside the original scope of procurement without written authorization from GRU.

      Any equitable adjustment in Contract price or time resulting from such changes shall be determined in accordance with applicable federal cost principles, including 2 C.F.R. Part 200, Subpart E.

      No change shall be effective unless in writing and signed by GRU.

    • Questions & Answers Process

      Questions are to be submitted to the https://procurement.opengov.com/portal/gru/projects/286638 portal no later than Thursday, August 27, 2026 at 12:00 am. 

      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.

      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.

    • Equal Employment Opportunity (EEO)

      For federally assisted construction contracts, Contractor shall comply with Executive Order 11246, as amended, and implementing regulations at 41 C.F.R. Part 60. The equal opportunity clause at 41 C.F.R. § 60-1.4(b) is incorporated herein by reference.

    • Cooperation/Coordination

      Access to Work Site: GRU and its authorized representatives are permitted free access to the work site, and reasonable opportunity for the inspection of all Work and materials.

      Work by GRU: GRU reserves the right to perform activities in the area where the Work is being performed by Supplier.

      Work by Other:  GRU reserves the right to permit another Supplier to perform work within the same work area. Supplier shall not damage, endanger, compromise or destroy any part of the site, including by way of example and not limitation, work being performed by others on the site.

      Coordination: Supplier shall, in the course of providing the Work, cooperate and communicate with GRU and all other persons or entities as required for satisfactory completion. Supplier shall coordinate equipment laydown areas with GRU. GRU shall provide timely access to any equipment laydown areas used to temporarily hold/store Supplier equipment.

       

    • Compliance with Laws and Regulations

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

    • 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 :

      • venue for any state or federal legal proceedings shall be in Alachua County Florida; 
      • each Party shall bear its own attorneys’ fees except to the extent that Contract agrees to indemnify GRU as described in Supplemental Conditions, including any appeals; and 
      • for civil proceedings, the Parties hereby waive the right to jury trial
    • Contact Information

      The contact for this project is Robbin Odowski. Procurement Specialist III can be reached at (352) 393-1209 or odowskirr@gru.com.

    • Contract Work Hours and Safety Standards Act (CWHSSA)

      Where applicable to contracts employing mechanics or laborers, including construction contracts exceeding $100,000, Contractor shall comply with the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§ 3701–3708. Under this Act, Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

      Contractor shall include this provision in applicable subcontracts.

    • Indemnification

      Supplier shall be fully liable for its action, the actions of its agents, employees, partners, or subcontractors and fully indemnifies, defends, and holds harmless the City of Gainesville, GRU, its elected/appointed officials, its officers, agents, and employees, from any such suits, actions, damages, and/or costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Supplier, its agents, employees, partners, or subcontractors.

      Further, Supplier shall fully indemnify, defend, and hold harmless the City of Gainesville and/or GRU from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation will not apply to GRU’s misuse or modification or Supplier’s products or GRU’s operation or use of Supplier’s products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit or in Supplier’s opinion is likely to become the subject of such a suit, Supplier may at its sole expense procure for GRU the right to continue using the product or to modify it to become non-infringing. If Supplier is not reasonably able to modify or otherwise secure GRU the right to continue using the product, Supplier shall remove the product and refund GRU the amounts paid in excess of a reasonable rental for past use. GRU shall not be liable for any royalties if applicable.

      Supplier’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon GRU giving Supplier written notice of any action or threatened action, defending the action at Supplier’s sole expense. Supplier shall not be liable for any costs or expenses incurred or made by GRU in any legal action without Supplier’s prior written consent, which will not be unreasonably withheld.

      The provisions of this section shall survive the termination or expiration of this Contract.

    • Solicitation Response

      Bids may be received up to but no later than 12:00 am on Thursday, September 3, 2026 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.

      Responses will be electronically unsealed and 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.

      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.

      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/286638

    • e-Verify

      The Supplier shall comply with all applicable requirements of Section 448.095, Florida Statutes, including but not limited to:

      • the Supplier 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 Supplier during the term of this Agreement; and
      • the Supplier 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.
    • (OR) - Indemnification [Construction - Option 1]

      Supplier shall be fully liable for its action, the actions of its agents, employees, partners, or subcontractors and fully indemnifies, defends, and holds harmless the City of Gainesville, GRU, its elected officials, its officers, agents, and employees, from any such suits, actions, damages, and/or costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Supplier, its agents, employees, partners, or subcontractors.

      Further, Supplier shall fully indemnify, defend, and hold harmless the City of Gainesville and/or GRU from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation will not apply to GRU’s misuse or modification or Supplier’s products or GRU’s operation or use of Supplier’s products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit or in Supplier’s opinion is likely to become the subject of such a suit, Supplier may at its sole expense procure for GRU the right to continue using the product or to modify it to become non-infringing. If Supplier is not reasonably able to modify or otherwise secure GRU the right to continue using the product, Supplier shall remove the product and refund GRU the amounts paid in excess of a reasonable rental for past use. GRU shall not be liable for any royalties if applicable.

      Supplier’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon GRU giving Supplier written notice of any action or threatened action, defending the action at Supplier’s sole expense. Supplier shall not be liable for any costs or expenses incurred or made by GRU in any legal action without Supplier’s prior written consent, which will not be unreasonably withheld.

      The provisions of this section shall survive the termination or expiration of this Contract.

      Supplier agrees to indemnify and hold harmless GRU, The City of Gainesville, its elected officials, its officers, and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by Supplier’s negligence, recklessness, or intentional wrongful conduct of the design professional and other persons employed or utilized by the Supplier in the performance of this Contract.

      Supplier represents and warrants that Supplier will not infringe a trademark, copyright, patent, trade secret or any such intellectual property right in the performance of this Contract. In the event of an infringement suit related to or resulting from this Contract, Supplier represents and warrants that GRU will not be liable for any damages or royalties if applicable.

      Supplier's obligations under the preceding two paragraphs with respect to any legal action are contingent upon GRU giving  Supplier

      • written notice of any action or threatened action, 
      • defending the action at Supplier’s sole expense

      Supplier shall not be liable for any costs or expenses incurred or made by GRU in any legal action without Supplier’s prior written consent, which will not be unreasonably withheld.

    • Davis-Bacon Act and Labor Standards Compliance (When Applicable)

      Where required by federal law, award conditions, or the Contract, Contractor shall comply with the Davis-Bacon Act and related labor standards requirements.

      Contractor shall:

      1. Pay prevailing wages as determined by the U.S. Department of Labor;
      2. Pay wages not less than once a week;
      3. Place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation;
      4. Submit certified payrolls as required by GRU or applicable federal requirements;
      5. Maintain payroll and labor compliance records for not less than three (3) years after completion of the Work;
      6. Permit access to payroll records and work sites by GRU and authorized federal representatives; and
      7. Report all suspected or reported violations to GRU;
      8. Include these requirements in all applicable subcontracts.

      Contractor shall also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3). The Act provides that the contractor will prohibit from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Contractor shall report all suspected or reported violations to the Federal awarding agency.

    • Mandatory Pre-Bid Meeting

      A mandatory meeting will be held on NO VALUE beginning at NO VALUE at NO VALUE.  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. Responses will only be accepted from companies that had a representative in attendance at the Pre-Bid/Proposal meeting.  The purpose of a mandatory or non-mandatory pre-bid meeting is to help potential bidders to determine if they are capable of performing the work.

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

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

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

    • (OR) - Indemnification [Construction - Option 2]

      SupplierThe Supplier shall indemnify and hold harmless GRU from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the Supplier or by or in consequence of any neglect in safeguarding the work through use of unacceptable materials or workmanship or by or on account of any activity or omission, neglect or misconduct of the Supplier or by or on account of any claim or amounts recovered from any infringement of patent, trademark, or copyright or from any claims or amounts arising or recovered under the "Worker's Compensation Law" and non-compliance with any local, state or federal codes, ordinances, orders or statutes, including the Occupational Safety and Health Act. This guarantee is in addition to and not intended as a limitation to any other warranty, express or implied. The City of Gainesville has adopted a Resolution that formally adopts the policy that the City does not contractually agree to indemnify other parties except in certain limited circumstances. The provisions of this section shall survive the termination or expiration of this Contract.

    • Debarment and Suspension

      This Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and applicable agency implementing regulations.

      Contractor certifies that neither it nor its principals are suspended, debarred, excluded, or otherwise disqualified from participation in federally assisted transactions.

      Contractor shall:

      1. Verify status in SAM.gov prior to award;
      2. Maintain active SAM.gov registration where required by applicable federal law or award conditions; and
      3. Flow down this requirement to all lower-tier covered transactions.

      This certification is a material representation of fact relied upon by GRU.

    • 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.

    • Byrd Anti-Lobbying Amendment

      For contracts exceeding $100,000, Contractor shall comply with 31 U.S.C. § 1352 and applicable implementing regulations.

      Contractor certifies that:

      1. No federally appropriated funds have been or will be used for prohibited lobbying activities;
      2. Any lobbying activities using non-federal funds shall be disclosed through submission of Standard Form LLL (SF-LLL); and
      3. This provision shall be included in applicable subcontracts.
    • (OR) - Indemnification [Construction - Option 3]

      Pursuant to Section 725.08, Florida Statutes, this Contract qualifies as a professional services contract and Supplier qualifies as a design professional, as defined under Chapter 471 of the Florida Statutes.  Notwithstanding the provisions of Section 725.06, Florida Statutes, Supplier agrees to indemnify and hold harmless GRU, its elected officials, its officers, and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the Supplier in the performance of this Contract.

      Supplier represents and warrants that Supplier shall not infringe a trademark, copyright, patent, trade secret or any such intellectual property right in the performance of this Contract.  In the event of an infringement suit related to or resulting from this Agreement, Supplier represents and warrants that GRU will not be liable for any damages or royalties if applicable.

    • Non-Mandatory Pre-Bid Meeting

      A non-mandatory meeting will be held on NO VALUE beginning at NO VALUE at NO VALUE. 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. The purpose of a mandatory or non-mandatory pre-bid meeting is to help potential bidders to determine if they are capable of performing the work.

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

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

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

    • 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.

    • Procurement of Recovered Materials

      Contractor shall comply with applicable requirements of 2 C.F.R. § 200.323 and 40 C.F.R. Part 247 regarding procurement of recovered materials.

    • Assignment

      GRU or Supplier 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.

    • Examination of Solicitation Documents and Work Site

      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.

      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.

      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.

    • Domestic Preferences for Purchases

      To the extent applicable and consistent with law, Contractor shall comply with domestic preference requirements under 2 C.F.R. § 200.322 by providing a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. Contractor shall also include the requirements of this section in all contracts, and purchase orders under Federal awards.

    • References

      A contact person listed as a reference shall be someone who has personal knowledge of the Firm's performance for the specific project listed. The contact person shall have been informed that they are being used as a reference and that GRU may be contacting them. The references shall be a principal, owner or a representative of the owner of the project that is listed by the Firm in its list of prior experience. Contractors or sub-contractors who will provide services for the Project shall not be accepted as references. Do not list principals or officers who will not be able to answer specific questions regarding the projects listed under prior experience. Failure of references listed to respond to GRU's inquiries may negatively impact the responsiveness of the Firm's response to this solicitation.

    • Payment

      Invoicing: Supplier 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 A27, Gainesville, FL 32614-7118 or e-mailed to accountspayable@gru.com.

      Payment Terms: GRU’s payment terms are net thirty (30) days from receipt of correct invoice. GRU may not set off payment due under the invoice for the specific Purchase Order to rectify or remedy a dispute related to a different Purchase Order.  Supplier shall not submit more than one invoice per thirty-day period. Any delay in receiving invoices, or error and omissions attributed solely to Supplier, 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.

      Prompt Payment: The Local Government Prompt Payment Act applies in accordance with Florida Statutes 218.70 through 218.80.

      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.

      Pending Dispute: The Supplier shall proceed diligently with performance under the Contract pending the final resolution of any dispute or request for relief, claim, appeal, or action arising under the Contract and shall comply with directions to perform from GRU. Should the Supplier not perform while a dispute is pending, including by not performing disputed work, such nonperformance by the Supplier may be deemed to be an unexcused breach of the Contract which is separate and apart from any other dispute. 

      Lien Release: Before the final acceptance of the Work and payment by GRU, Supplier 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 Supplier under this Contract until the liability has been discharged.

      Final Payment/Acceptance: The acceptance by Supplier 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 Supplier, its successors or assigns have or may have against GRU under the provisions of this Contract.

    • Audit of Records

      Supplier 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.

    • Key Personnel

      The firm must list in its response, the Project Manager, Project Engineer, Quality Assurance Supervisor and other key personnel that will be assigned to this Project. The listing will need to include their biography, years of service in the industry, years of service with the Firm and their role in the Project.

      If this is for engineering services, the Project Manager and Project Engineer must be two different individuals. They shall be a Professional Licensed Engineer in the State of Florida. Other Key Personnel must be clearly identified on the organizational chart submitted with the proposal.

    • Damage to Work

      Until final acceptance of the Work by GRU, Work will be under the charge and care of Supplier who must take every necessary precaution against damage to work by the elements or from any other cause whatsoever. Supplier will rebuild, repair, restore, or make good at their expense, damages to any portion of the Work before its completion and acceptance. Failure to do so will be at Supplier’s own risk. Supplier is not relieved of a requirement of the specifications on the plea of error.

    • 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.

    • Prohibition on Certain Telecommunications and Video Surveillance Equipment or Services

      Pursuant to 2 C.F.R. § 200.216, Contractor shall not use grant funds to:

      (1) Procure or obtain covered telecommunications equipment or services;

      (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or

      (3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

    • Access to Records and Record Retention

      Contractor shall:

      1. Provide GRU, the federal awarding agency, the Comptroller General of the United States, Inspectors General, and their authorized representatives access to records directly pertinent to the federally funded Work;
      2. Permit reproduction and copying of such records as reasonably necessary;
      3. Provide access to work sites pertaining to the Work;
      4. Maintain records for at least three (3) years from submission of the final expenditure report, or for such longer period as required by applicable federal law; and
      5. Comply with this Section subject to applicable confidentiality protections and Florida public records exemptions.
    • Advertising

      Supplier 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 Supplier’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.

    • Disputes

      If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, either party may, by giving written notice, refer the dispute to a meeting of appropriate higher management, to be held within 20 business days after giving of notice. If the dispute is not resolved within 30 business days after giving notice, or such later date as may be mutually agreed, the Parties will submit the dispute to a mediator. The Parties shall mutually agree to the mediator and the costs of the mediator will be borne equally by both parties. The venue for mediation and any subsequent litigation shall be in Alachua County, Florida.

    • Selection Process and Recommendation

      The Selection Team will evaluate the responses based on the qualifications of the firm, project understanding, qualifications of project personnel and past performance. The Selection Team will then rank the Statement of Qualifications (SOQ) and shortlist the top three (3) responses and conduct oral discussions. 

      GRU will coordinate with the shortlisted firms a date and time to meet with the Selection Team via Microsoft Team Application.

      Based on the oral discussions/interviews, the Selection Team will determine and rank the top three firms in the order of the most qualified to perform the services. 

      GRU will take the ranking to the GRU Authority for approval to proceed with negotiations of a contract with the top qualified firm. 

      Upon approval by the Authority, GRU and the most qualified firm will negotiate a contract. In the event GRU and the most qualified firm are not able to reach a successful agreement, GRU will formally terminate the negotiations and proceed to the second most qualified firm.  If negotiations fail with the second most qualified firm, GRU will terminate the negotiations and start negotiations with the third most qualified. If negotiations fail with the third most qualified, GRU will conduct additional oral discussions and select additional qualified firms from the initial SOQs received and rank the most qualified and move on with negotiations with the fourth most qualified firm and so on with the process as stated above and in accordance with Florida Statute Chapter 287.055.

      GRU shall negotiate a contract for the professional services at compensation which GRU determines is fair, competitive, and reasonable.  For any lump-sum or cost plus and fixed fee professional services contract, GRU will request the firm to execute a Truth-in-Negotiation Certificate stating that the wage rates and other factual unit costs supporting the compensation are accurate, competitive, and current at the time of contracting.

    • Delay

      Notwithstanding the completion schedule, GRU has the right to delay performance for up to three (3) consecutive months as necessary or desirable and such delay will not be deemed a breach of Contract, but the performance schedule will be extended for a period equivalent to the time lost by reason of GRU's delay. Such extension of time will be Supplier's sole and exclusive remedy for such delay.

      If the project is stopped or delayed for more than three (3) consecutive months and GRU or Supplier elects to terminate the Contract because of such delay, or if such stoppage or delay is due to actions taken by GRU within its control, then Supplier's sole and exclusive remedy under the Contract will be reimbursement for costs reasonably expended in preparation for or in performance of the Contract. None of the aforementioned costs will be interpreted to include home office overhead expenses or other expenses not directly attributable to performance of the Contract. Supplier is not entitled to make any other claim, whether in breach of Contract or in tort for damages resulting in such delay.

    • 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 Supplier. No alteration or modification of this Contract, including substitution of product, shall be valid or binding unless authorized by GRU. Supplier 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 Supplier’s order or fiscal forms or any other documents forwarded by Supplier for payment. An acceptance of product or processing of documentation on forms furnished by Supplier for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

    • Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Firms

      To the extent Contractor utilizes subcontractors, Contractor shall take affirmative steps consistent with 2 C.F.R. § 200.321 to utilize small businesses, minority businesses, women’s business enterprises, and labor surplus area firms where practicable.

    • Interpretations and Addenda

      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.

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

      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.

    • Default

      If Supplier should be adjudged as bankrupt, or make a general assignment for the benefit of its creditor(s), or if a receiver should be appointed forSupplier, or if there is persistent or repeated refusal or failure to supply sufficient properly skilled workforce or proper materials, or if Supplier should refuse or fail to make payment to persons supplying labor or materials for the Work pursuant to this Agreement, or persistently disregards instructions of GRU, or fails to observe or perform or is guilty of a substantial violation of any provision of the Agreement documents, then GRU, after serving at least ten (10) calendar days prior written notice to Supplier of its intent to terminate and such default should continue un-remedied for a period of ten (10) calendar days, may terminate the Agreement without prejudice to any other rights or remedies and take possession of the Work; and GRU may take possession of and utilize in completing the Work such materials, appliances, equipment as may be on the site of the Work and necessary therefore. Supplier will be liable to GRU for any damages resulting from such default. 

    • 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.

    • Rights to Inventions Made Under a Contract or Agreement (When Applicable)

      If the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Contractor shall comply with 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

    • Response Preparation
      1. 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.
      2. The Respondent’s Certification Form must be legibly completed in ink (computer printed, typed or handwritten).
        • 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.
        • 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.
      1. Costs for developing a response to the Solicitation are the sole obligation of the Respondent.
    • Disclosure and 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 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 119.0715, Florida Statutes (Trade Secrets Held by an Agency), exempts trade secrets from release as a public record, but also provides that public employees cannot be held liable if they, acting in good faith, release a public record that contains a trade secret. 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 as such by a court of law. Accordingly, the following provisions shall apply:

      • Identifying Trade Secret or Otherwise Confidential and Exempt Information. For any records or portions thereof that Supplier claims to be a Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, Supplier shall:
        • 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. Supplier shall take care to redact only the confidential and exempt information within a record.
        • Provide an affidavit or similar type of evidence that describes and supports the basis for Supplier’s claim that the information is confidential and exempt from public disclosure.

      Request for Trade Secret or Otherwise Confidential and Exempt Information.

      • In the event GRU receives a public records request for a record with information labeled by Supplier as Trade Secret or otherwise as confidential and exempt, GRU will provide the public records requester with the redacted copy of the record and will notify Supplier of the public records request.
      • However and notwithstanding the above, in the event that GRU in its sole discretion finds no basis for Supplier’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then GRU shall notify Supplier in writing of such conclusion and provide Supplier 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 Supplier fails to file for declaratory action within the reasonable amount of time provided, then GRU will disclose the information requested.
      • If a public records lawsuit is filed against GRU requesting public disclosure of the information labeled by Supplier as Trade Secret or otherwise as confidential and exempt, GRU shall notify Supplier and Supplier shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.
      • Supplier 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 Supplier’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.

      “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.

    • Termination

      Termination for Convenience. GRU may, by providing thirty (30) calendar days written notice to Supplier, terminate this Contract, or any part thereof, for any or no reason, for GRU’s convenience and without cause. After the termination date, Supplier shall stop all Work and cause its suppliers and/or subcontractors to stop all Work in connection with this Contract. If GRU terminates for convenience, GRU shall pay Supplier for goods and services accepted as of the date of termination, and for Supplier’s actual and reasonable, out of pocket costs incurred directly as a result of such termination. GRU is not responsible for Work performed after the effective termination date of this Contract.

      Termination for Cause (Cancellation). GRU may terminate this Contract for cause if Supplier materially breaches this Contract by:

      • refusing, failing or being unable to properly manage or perform. 
      • refusing, failing or being unable to perform the Work pursuant to this Contract with sufficient numbers of workers, properly skilled workers, proper materials to maintain applicable schedules. 
      • refusing, failing or being unable to make prompt payment to subcontractors or suppliers. 
      • disregarding laws, ordinances, rules, regulations or orders of any public authority or quasi-public authority having jurisdiction over the Project. 
      • refusing, failing or being unable to substantially perform pursuant to the terms of this Contract as determined by GRU, or as otherwise defined elsewhere herein; and/or 
      • refusing, failing or being unable to substantially perform in accordance with the terms of any other agreement between GRU and Supplier

      Funding out Clause. If funds for this Contract are no longer available, GRU reserves the right to terminate this Contract without cause by providing Supplier with thirty (30) calendar day’s written notice to Supplier.

    • Environmental and Historic Preservation Compliance

      Contractor shall comply with all applicable environmental and historic preservation laws, regulations, permit conditions, and federal award conditions applicable to the Work.

      Contractor shall not proceed with Work requiring federal environmental or historic preservation clearance until authorized by GRU.

      Contractor shall immediately cease affected Work upon notice from GRU relating to environmental or historic preservation compliance concerns.

    • Price

      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.

      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. 

    • Public Records

      If Supplier 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, Supplier shall:

      • Keep and maintain public records, as defined in Section 119.011(12) of the Florida Statutes, required by GRU to perform the service.
      • Upon request from GRU’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
      • Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Supplier does not transfer the records to GRU.
      • Upon completion of the Contract, transfer, at no cost, to GRU all public records in possession of the Supplier or keep and maintain public records required by GRU to perform the service. If the Supplier transfers all public records to GRU upon completion of the Contract, the Supplier shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Supplier keeps and maintains public records upon completion of the Contract, the Supplier shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to GRU, upon request from GRU’s custodian of public records, in a format that is compatible with the information technology systems of GRU.
      • IF THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUPPLIER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE GRU CUSTODIAN OF PUBLIC RECORDS AT 352-393-1211, PUBLICRECORDSREQUEST@GRU.COM ,  PO BOX 147117, STATION E3E, GAINESVILLE, FL 32614.
    • Deviations from Specifications

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

      GRU reserves the right to waive exceptions and clarifications to the Solicitation if determined by GRU to be in GRU’s best interest.

    • Force Majeure

      No Party to this Contract shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of God or other event to the extent that:

      • the non-performing Party is without fault in causing such default or delay; and 
      • such default or delay could not have been prevented by reasonable precautions. Such causes include, but are not limited to acts of civil or military authority (including but not limited to courts of administrative agencies); acts of God; war; terrorist attacks; riot; insurrection; inability of GRU to secure approval; validation or sale of bonds; inability of GRU or Supplier to obtain any required permits, licenses or zoning; blockades; embargoes; sabotage; epidemics; fires; hurricanes, tornados, floods; or strikes.

      In the event of any delay resulting from such causes, the time for performance of each of the Parties hereunder (including the payment of invoices if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay. Any negotiated delivery dates established during or after a Force Majeure event will always be discussed and negotiated if additional delays are expected.

      In the event of any delay or nonperformance resulting from such cause, the Party affected will promptly notify the other Party in writing of the nature, cause, date of commencement, and the anticipated impact of such delay or nonperformance. Such written notice, including change orders, will indicate the extent, if any, to which is anticipated that any delivery or completion date will be affected.

    • Reporting and Cooperation

      Contractor shall provide all information, certifications, reports, payroll records, and other documentation reasonably necessary for GRU to comply with federal reporting, monitoring, and award administration requirements.

    • Sales Tax

      Respondent’s pricing shall 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 https://www.gru.com/WorkWithGRU/Procurement/PurchaseOrders.

    • Limitation of Liability

      To the fullest extent permitted by law, GRU shall not be liable to Supplier for any incidental, consequential, punitive, exemplary or indirect damages, lost profits, revenue or other business interruption damages, including but not limited to, loss of use of equipment or facility.

    • Exceptions and Clarifications

      While a responsive bid meets all material requirements of the solicitation, GRU may waive non-material requirements. Some requirements cannot be waived without adversely impacting the competitive bid process. If, during bid evaluation, there is any doubt as to the materiality of any exception or clarification, Utilities Procurement and/or the Utilities Attorney shall be consulted before acceptance of a bid. Similarly, a bid will not be rejected without such consultation.

    • Cybersecurity and Information Security

      Contractor shall comply with cybersecurity, information security, and data protection requirements expressly identified in the applicable federal award, solicitation documents, or written direction issued by GRU.

    • Distribution of Information

      GRU requires electronic submission of bids and proposals. Submit electronic responses via GRU e-Procurement Portal: https://procurement.opengov.com/portal/GRU. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

      The OpenGov portal allows the following:

      1. Access procurement documents and related information.
      2. Receive automatic and instant notifications of government opportunities.
      3. Download solicitation documents and specifications online.
      4. Submit your bids and proposals online.
      5. See all the forms and documents you need to complete in one place.
      6. Receive and respond to government requests for quotes immediately.
      7. Automatic notification of awards.

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

      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. 

    • Work Hours

      GRU normal business hours are TBDSupplier may perform the Work outside business hours only with prior approval from the Authorized Representative or designee.

    • Anti-Discrimination

      Supplier shall not discriminate on the basis of race, color, religion, sex, gender, national origin, marital status, sexual orientation, age, disability or gender identity, or other unlawful forms of discrimination in the performance of this ContractSupplier understands and agrees that a violation of this clause shall be considered a material breach of this Contract and may result in termination of the Contract. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

    • No Federal Government Obligation

      The Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities arising from this Contract.

    • Anti-Human Trafficking

      Pursuant to section 787.06(14), Fla. Stat., when this Contract is executed, renewed, or extended the Supplier and any subcontractors must provide GRU with an affidavit, signed by an officer or a representative of the Supplier and any subcontractors under penalty of perjury, attesting that the Supplier and subcontractor does not use coercion of labor or services as those terms are defined in section 787.06, Fla Stat.

    • Performance Time

      Supplier shall complete the Work no later than the date set forth in the ContractSupplier further understands and agrees that time is of the essence. If Supplier fails to complete the Work on or before the date established for Final Completion, then Supplier will be solely responsible for liquidated damages or other costs as set forth in the Solicitation or Contract.

    • Program Fraud and False Statements

      Contractor acknowledges that 31 U.S.C. Chapter 38, relating to administrative remedies for false claims and statements, applies to Contractor’s actions pertaining to federally funded Work under this Contract.

    • Cancellation of Solicitation

      Procurement may determine, at its sole discretion, that it is in GRU's best interest to cancel a solicitation before the bid due date, either for the purpose of reissuing the solicitation or because there is no longer the need for the equipment, materials or services. Any responses to the solicitation received by Procurement will not be opened but will be maintained pursuant to the State of Florida’s Records Retention Schedules, as may be modified from time to time.

    • Flow-Down Requirement

      Contractor shall incorporate all applicable federal contract provisions and required flow-down provisions into every lower-tier subcontract or agreement related to federally funded Work.

      Contractor shall remain responsible for compliance by subcontractors and lower-tier participants.

    • Modification or Withdrawal of a Response

      Changes to a vendor’s bid submittals in GRU's eProcurement Portal can be made up to the deadline date for the bid submittal.

      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.
    • Prohibition Against Consideration of Social, Political, or Ideological Interest in Government Contracting

      In accordance with Section 287.05701(2)(a), F.S. (2023), GRU may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor, and may not give preference to a vendor based on the vendor's social, political, or ideological interests.

    • Compliance/Consistency with Scrutinized Companies Provisions of Florida Statutes.

      Pursuant to section 287.135, Florida Statutes, Supplier certifies that, at the time of execution of this Contract (and any renewal):

      1. $100,000 Threshold.  If this Contract is for goods or services in an amount of one hundred thousand dollars ($100,000) or more, Supplier and its affiliates are not listed on the Scrutinized Companies that Boycott Israel List created pursuant to section 215.4725, Florida Statutes, and are not engaged in a boycott of Israel [see s. 287.135(2)(a), Fla. Stat.].
      2. $1,000,000 Threshold.  If this Contract is for goods or services in an amount of one million dollars ($1,000,000) or more, Supplier and its affiliates are not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List created pursuant to section 215.473, Florida Statutes, and are not engaged in business operations in Cuba or Syria as defined in section 215.473, Florida Statutes [see s. 287.135(2)(b), Fla. Stat.].
      3. Notification. Supplier agrees to notify GRU immediately if, at any time during the term of this Contract, Supplier or any of its affiliates is placed on any list identified in this section or engages in any activity prohibited by section 287.135, Florida Statutes.
      4. Termination.  GRU may terminate this Contract if Supplier is found to have submitted a false certification, is placed on any list identified in this section, or engages in any activity prohibited by section 287.135, Florida Statutes [see s. 287.135(3)(a)–(b), Fla. Stat.].
    • Completion of Work

      Substantial Completion: The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

      Final Completion: The date that the Owner receives and agrees with written notice from the Supplier stating that the Work has been completed and is ready for final payment.

    • Energy Policy and Conservation Act

      Contractor shall comply with mandatory standards and policies relating to energy efficiency contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

    • Cancellation of Award

      Cancellation occurs when an issued purchase order or executed contract is voided, rescinded or terminated, or the delivered goods or work are rejected. If defective goods are received, an order is incorrect, or work is not performed in accordance with specifications, the user department shall contact Procurement before taking any action. In addition, departments must contact Procurement for assistance with canceling any purchase order or contract.

      Even after a bid has been awarded, Procurement may cancel the award or executed contract based on a bid error and may take action to reject performance when appropriate. If the contract is canceled at the request of the vendor, the vendor may be required to reimburse GRU for the difference between its bid and the next low bid.

    • Bid Bond

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

    • Freight

      All materials and equipment shall be delivered F.O.B. Destination, freight included.

    • Conflict of Interest

      The Supplier represents and warrants that, to the best of its knowledge, no official or employee of Gainesville Regional Utilities (GRU), has a material financial interest in the Supplier’s business or any agreement resulting from this Contract, nor will any such interest be acquired during the term of this Agreement. The Supplier agrees to comply with the provisions of Chapter 112, Florida Statutes, including but not limited to Section 112.313, pertaining to the ethical obligations and conflict of interest restrictions applicable to public officers and employees.

      The Supplier shall not knowingly participate in or cause any conduct that would violate Florida’s Code of Ethics for Public Officers and Employees. Any actual or potential conflict of interest shall be promptly disclosed in writing to GRU’s designated contract manager and GRU's Utilities Attorney. GRU reserves the right to terminate this Agreement immediately upon determination that a prohibited conflict of interest has occurred or been materially misrepresented.

    • Trafficking in Persons (When Applicable)

      Contractor shall comply with 2 C.F.R. Part 175, if applicable.

    • Captions and Section Headings

      Captions and section headings used herein are for convenience only and shall not be used in construing this Contract.

    • Performance and Payment Bonds

      If awarded, a Performance Bond and Payment Bond are required. Supplier shall provide such bonds, using the forms attached, for 100% of the price of the awarded Contract as security for the full and complete performance of the Contract and for the payment of all persons performing labor, furnishing materials or furnishing equipment in connection with the Contract.

      The surety or sureties shall be a company or companies satisfactory to GRU. In accordance with the Florida Statutes, a person entering into a Contract with GRU for the construction of a public building or repairs to a public building or a public work is required, prior to commencing work, to execute and record in the public records of Alachua County, a payment and performance bond with a surety insurer authorized to do business in the state as surety.

    • Commercial Blanket Bond

      A Commercial Blanket Bond of $100,000 is required for this solicitation.

    • Counterparts

      This Contract may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument.

    • Clean Air Act and Federal Water Pollution Control Act

      For contracts exceeding $150,000, Contractor shall comply with applicable standards, orders, and regulations issued pursuant to:

      1. The Clean Air Act, 42 U.S.C. § 7401 et seq.; and
      2. The Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.

      Contractor shall report violations to GRU. Contractor shall also include this provision in applicable subcontracts.

    • Surety Bond

      A Surety Bond is required in the amount of TBD to cover loss occasioned by theft and the hazards customarily covered by such bonds; such policy to cover losses by identifiable employees.  The surety or sureties shall be a company or companies satisfactory to GRU, in accordance with Florida Statutes.  The requirement of a Florida resident agent may be waived by GRU if evidence satisfactory to GRU is provided that applicable requirements have been met to permit service of process on a State office under Florida law.

    • Commercial Blanket Bond

      A Commercial Blanket Bond of $100,000 is required for this solicitation.

    • FEMA Access to Records

      Contractor shall provide FEMA, the FEMA Administrator, the Comptroller General of the United States, and their authorized representatives access to records and work sites pertaining to the federally funded Work as required by applicable FEMA regulations and award conditions.

    • Fidelity Bond

      A Fidelity Bond is required in the amount of $5,000.

    • Surety Bond

      A Surety Bond is required in the amount of TBD to cover loss occasioned by theft and the hazards customarily covered by such bonds; such policy to cover losses by identifiable employees.  The surety or sureties shall be a company or companies satisfactory to GRU, in accordance with Florida Statutes.  The requirement of a Florida resident agent may be waived by GRU if evidence satisfactory to GRU is provided that applicable requirements have been met to permit service of process on a State office under Florida law.

    • Attachments

      All exhibits attached to this Contract are incorporated into and made part of this Contract by reference.

    • Terms of Award

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

      1. 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.
      2. 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.
      3. 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.
      4. Respondent must sign the Contract, attachments, and required Bonds (if applicable) within fifteen (15) calendar days. GRU will ultimately provide a fully signed contract to the Respondent.
      5. 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.
      6. 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.
      7. Protests in respect to the intended award must be filed within three (3) calendar days of notice of award. It is the Respondent’s duty to be informed of the intended award and GRU’s protest procedures.
    • Fidelity Bond

      A Fidelity Bond is required in the amount of $5,000.

    • Use of DHS or FEMA Logos

      Contractor shall not use DHS or FEMA seals, logos, crests, or reproductions of flags or likenesses of DHS or FEMA officials without prior written approval where required.

    • Terms of Award

      Award will be made to the lowest, responsive, responsible Respondent based on the lump sum pricing less trade-in credits or based on the lump sum pricing only, as GRU determines to be in its best interest.

      1. 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.
      2. 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.
      3. 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.
      4. Respondent must sign the Contract, attachments, and required Bonds (if applicable) within fifteen (15) calendar days. GRU will ultimately provide a fully signed contract to the Respondent.
      5. 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.
      6. 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.
      7. 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.
    • Insurance

      Any vendor coming on GRU property to do any type of work including meetings or doing work in our service territory on behalf of GRU must provide a Certificate of Liability Insurance (COLI) meeting the below requirements before any work will commence.

      Risk Management requires all the base coverages of General Liability, Automobile Liability, and Workers Compensation. Below are the recommended coverage amounts by Risk Management for these categories. Excess or Umbrella coverage is recommended by Risk Management in the amount below in most cases. The Workers Compensation amount is statutory and the minimum amount that Workers Compensation policies can be sold in Florida.

      The COLI needs to list Gainesville Regional Utilities, 301 Southeast 4th Avenue, Gainesville, Florida 32601 as the Certificate Holder and the language provided in the next section. COLI’s with GRU as “Certificate Holder” status only is not acceptable. Certificate Holder is used to show proof of insurance and does not provide access to the coverages disclosed on the Certificate of Liability Insurance.

      All COLI’s must list under the Description of Operations section the below language:

      "Gainesville Regional Utilities, their subsidiaries, affiliates, and their respective officers, agents and employees are included as additional insured.”

      Insurance is required in the amounts set forth below:

      • Commercial General Liability: $1,000,000 combined single limit for bodily injury and property damage.
      • Automobile Liability: $500,000 combined single limit for bodily injury and property damage.
      • Workers Compensation:
        • State (Florida): Statutory
        • Applicable Federal: Statutory
        • Employer’s Liability:
          • $500,000 per Accident
          • $500,000 Disease, Policy Limit
          • $500,000 Disease, Each Person
    • FEMA Compliance

      Contractor shall comply with FEMA award conditions expressly applicable to the Work and identified by GRU.

    • Terms of Award

      Award will be made to the lowest, responsive, responsible Respondent based on all line items combined or any combination of line items GRU determines to be in its best interest. GRU may not award a particular line item(s).

      1. 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.
      2. 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.
      3. 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.
      4. Respondent must sign the Contract, attachments, and required Bonds (if applicable) within fifteen (15) calendar days. GRU will ultimately provide a fully signed contract to the Respondent.
      5. 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.
      6. 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.
      7. 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.
    • Build America, Buy America (BABA)[

      General Agreement Language

      This agreement is for services related to a project that is subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022.

      Build America, Buy America Act (BABAA) Description of Services

      •Opinions of total project costs and revisions thereof should reflect compliance with BABAA requirements.
      •Determine and certify that to the best of Provider's knowledge and belief all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report; the plans, specifications, and bidding documents; any bid addenda; and change orders comply with all federal requirements, including BABAA.
      •Review and approve or take action with respect to project drawings and other required Contractor submittals, including applications for payment, to ensure compliance with BABAA.
      •Review substitutes and "or equals" for conformity with contract conditions, GRU regulations, and BABAA requirements.
      •Obtain and review manufacturers' and contractors' certifications on compliance with BABAA requirements and maintain copies of certifications in project files.
      •Assist Owner, if needed, in due diligence related to any BABAA waiver request.

      Contractor’s Responsibilities

      •All products must meet BABAA requirements for:

        • Iron or Steel Products
        • Construction Materials
        • Manufactured Products
        • Section 70917(c) Products
      • From the date of this Contract until three (3) years after the Project is completed, Contractor must obtain and maintain records sufficient to document compliance for BABAA requirements with all applicable submittals.
        • If a specific manufacturer is used in the bidding, a statement that Manufacturer will comply with BABAA must be included with the bid submission. Contractor shall comply with BABAA requirements, including coordination with manufacturers, distributors, and suppliers to correct deficiencies in any BABAA documentation.
        • For products purchased in compliance with the BABAA obtaining and maintaining documentation that the product complied with BABAA requirements, which includes a Manufacturer’s Certificate from the manufacturer or reseller stating that the product complies with BABAA
        • For products purchased pursuant to a waiver or other exemption from BABAA, obtaining and maintaining adequate information to validate that the purchase was covered by a waiver or other exemption. For all iron, steel, manufactured products, and construction materials incorporated into the Project, Contractor shall, upon receipt of the same, obtain confirmation that the product or material was purchased in compliance with BABAA.
        • GRU approval of project drawings or samples shall include review of BABAA documentation.
        • For any change orders, Contractor shall provide BABAA documentation for any new products or materials required by the change.
        • Installation of materials or products that are not compliant with BABAA requirements shall be considered defective work.
        • Contractor should ensure that GRU has an approved Manufacturer’s Certification or waiver prior to items being delivered to the project site.
        • Contractor shall certify upon completion that all work and materials have complied with BABAA requirements. By submitting an application for payment, based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials, to contractor’s knowledge, are compliant with BABAA requirements.
        • Contractor shall certify that they have and will continue to comply with the BABA requirements for this project.

      Definitions

      Build America, Buy America Act (BABAA) – Requirements instituted by the Bipartisan Infrastructure Law of 2021 mandating domestic preference that all iron and steel, manufactured products, and construction materials are produced in the United States.

      Iron or Steel Products – Those articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both.

      Construction Materials – Those articles, materials, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that are or consist primarily of: non-ferrous metals, plastic and polymer-based products, glass, lumber or drywall.

      Manufactured Product – Items assembled out of components, or otherwise made or processed from raw materials into finished products. Manufactured products must be manufactured (assembled) in the United States, and the cost of components that were mined, produced, or manufactured in the United States must be greater than 55 percent of the total cost of all components of the project.

      Section 70917(c) Products – Those items comprised of cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See Section 70917(c) of the Build America, Buy America Act.

      Manufacturer’s Certification – Documentation provided by a Manufacturer, certifying that the items provided by Manufacturer meet the domestic preference requirements of BABAA.

      Additional Provisions:

      • Termination for Failure to Comply: If at any time Contractor is unable to or fails to comply with the BABAA requirements, Contractor shall notify GRU immediately. Any such failure shall constitute a material breach of this Contract and shall constitute good cause for GRU to terminate this Contract.
      • Removal and Replacement: If non-compliant material is installed at any point, Contractor must remove and return the foreign product and procure the equivalent domestically-produced product from another source, and install it; Contractor will be responsible for all additional costs related to the replacement and removal of compliant products into the project
    • Terms of Award

      Award will be made to the best evaluated Respondent(s) for Response(s) based on N/A for each individual line item, or any combination of line items, as GRU determines to be in its best interest.

      1. 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.
      2. 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.
      3. 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.
      4. Respondent must sign the Contract, attachments, and required Bonds (if applicable) within fifteen (15) calendar days. GRU will ultimately provide a fully signed contract to the Respondent.
      5. 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.
      6. 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.
      7. 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.
    • Insurance

      Any vendor coming on GRU property to do any type of work including meetings or doing work in our service territory on behalf of GRU must provide a Certificate of Liability Insurance (COLI) meeting the below requirements before any work will commence.

      Risk Management requires all the base coverages of General Liability, Automobile Liability, and Workers Compensation. Below are the minimum coverage amounts required by Risk Management for these categories. Excess or Umbrella coverage is required by Risk Management in the amount below. The Workers Compensation amount is statutory and the minimum amount that Workers Compensation policies can be sold in Florida.

      Corporation COLI needs to list Gainesville Regional Utilities, 301 Southeast 4th Avenue, Gainesville, Florida 32601 as the Certificate Holder and the language provided in the next section. COLI’s with GRU as “Certificate Holder” status only is not acceptable. Certificate Holder is used to show proof of insurance and does not provide access to the coverages disclosed on the Certificate of Liability Insurance.

      All COLI’s must list under the Description of Operations section the below language:

      "Gainesville Regional Utilities, their subsidiaries, affiliates, and their respective officers, agents and employees are included as additional insured.”

      Insurance is required in the amounts set forth below:

      In addition to the above, any Software/System Consulting/Cloud based services where our data could be at risk of breach either in the cloud or on our servers needs to include Cyber Liability Insurance policy. Below are the required coverage amounts.

      1. Commercial General Liability: $1,000,000 combined single limit for bodily injury and property damage.
      2. Automobile Liability: $500,000 combined single limit for bodily injury and property damage.
      3. Workers Compensation:
        1. State (Florida): Statutory
        2. Applicable Federal: Statutory
        3. Employer’s Liability:
          1. $500,000 per Accident
          2. $500,000 Disease, Policy Limit
          3. $500,000 Disease, Each Person
      4. Cyber Security Liability:  $1,000,000
    • Insurance

      Any vendor coming on GRU property to do any type of work including meetings or doing work in our service territory on behalf of GRU must provide a Certificate of Liability Insurance (COLI) meeting the below requirements before any work will commence.

      Risk Management requires all the base coverages of General Liability, Automobile Liability, and Workers Compensation. Below are the minimum coverage amounts required by Risk Management for these categories. Excess or Umbrella coverage is required by Risk Management in the amount below. The Workers Compensation amount is statutory and the minimum amount that Workers Compensation policies can be sold in Florida.

      Corporation COLI needs to list Gainesville Regional Utilities, 301 Southeast 4th Avenue, Gainesville, Florida 32601 as the Certificate Holder and the language provided in the next section. COLI’s with GRU as “Certificate Holder” status only is not acceptable. Certificate Holder is used to show proof of insurance and does not provide access to the coverages disclosed on the Certificate of Liability Insurance.

      All COLI’s must list under the Description of Operations section the below language:

      "Gainesville Regional Utilities, their subsidiaries, affiliates, and their respective officers, agents and employees are included as additional insured.”

      Insurance is required in the amounts set forth below:

      In addition to the above, Professional Liability will be required for any engineering, design work and all financial related professional services. Below are the required coverage amounts.

      1. Commercial General Liability: $1,000,000 combined single limit for bodily injury and property damage.
      2. Automobile Liability: $500,000 combined single limit for bodily injury and property damage.
      3. Workers Compensation:
        1. State (Florida): Statutory
        2. Applicable Federal: Statutory
        3. Employer’s Liability:
          1. $500,000 per Accident
          2. $500,000 Disease, Policy Limit
          3. $500,000 Disease, Each Person
      4. Professional Liability:  $1,000,000
    • Discussions and Best and Final Officer

      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.

      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.

    • DOE Reporting and Cooperation

      Contractor shall provide all information, certifications, documentation, and performance information reasonably necessary for GRU to comply with DOE reporting, monitoring, and award administration requirements.

    • DOE Cybersecurity and Infrastructure Security

      Contractor shall comply with applicable DOE cybersecurity and infrastructure security requirements incorporated into the federal award or identified by GRU.

      Contractor shall cooperate with GRU in providing supply chain, sourcing, and ownership information reasonably required to comply with DOE award conditions or federal infrastructure security requirements.

    • Warranty/Guarantee

      Supplier warrants and guarantees to GRU that all materials will be new unless otherwise specified and that all Work will be of a quality free from defects and in accordance with the Specifications. Supplier agrees to remedy promptly, and without cost to GRU, any defective materials or workmanship which appear within the stated warranty period.

      No provision contained in the Specifications shall be interpreted to limit Supplier’s liability for defects. No provision contained in the Specifications shall be interpreted to limit the terms and conditions of the manufacturer's warranty and Supplier will secure parts, materials and equipment to be installed with manufacturer's full warranty as to parts and service wherever possible. Supplier must indicate if any warranty is being provided by either Supplier or a manufacturer and if any such warranty is being provided, such warranty will be stated. When the manufacturer warrants the equipment or materials being supplied, Supplier must provide such warranty to GRU or must state as a Clarification and Exception the reason Supplier is not able to provide such warranty.

      All labor shall be warranted for a minimum of one year. For materials, the Manufacturer’s warranty applies.

    • Notification of Award

      Purchasing will notify bidders of the recommended award of the contract with reasonable promptness. The notification will be through an award letter, issuance of a purchase order, execution of a contract or other appropriate means of communication. Purchasing will be responsible for obtaining required submittals from the successful bidder such as the insurance certificate, bonds, purchase order acceptance or contract, as required.

    • Copeland "Anti-Kickback" Act

      Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. GRU will report all suspected or reported violations to the DOE.

    • Safety and Security

      Each location has unique safety and security procedures and guidelines that must be followed. Acceptance of a project or work assignment in a particular location will be an acceptance of the safety and security requirements for that location. GRU will provide the safety and security requirements along with the scope of work requested. The Supplier shall at all times take all reasonable precautions for the safety of its employees engaged in services and shall comply with all safety laws, rules and regulations as mentioned in the Supplier's safety orientation and/or manual as instruction may be site specific.

      Confinement to Work Area/Parking: Supplier's employees shall stay in the designated work area to the maximum extent possible and shall not traverse other areas of GRU’s site except for travel to and from sanitary facilities or designated parking areas. Supplier and its employees shall park personal vehicles and equipment in areas designated by GRU.

      Sanitation: If sanitary facilities are available near the work site, Supplier may request GRU’s permission to use such facilities by its employees, obtaining written permission from GRU prior to the use of such facilities. Unless such permission has been obtained, Supplier is responsible for the cost, provision and maintenance of sanitary facilities for persons employed by Supplier. If responsible for providing sanitary facilities, Supplier is also responsible for all labor and supplies necessary to maintain such facilities and must comply with the State Board of Health requirements. Upon completion of the Work, facilities must be removed from the site.

      Personal Protection Equipment: The following requirements apply during a Pandemic, Epidemic, Endemic or Sporadic outbreak events.

      1. The Supplier shall supply all safety and personal protective equipment (PPE) required to complete the scope of the contracted work (or as stated in the Contract). Equipment supplied by the Supplier must meet or exceed all GRU requirements and the requirements of the appropriate governmental regulatory agency
      2. It is the sole responsibility of the Supplier to supply and train all workers with reasonably anticipated occupational potential exposure to any workplace hazards.
      3. This training includes when to use PPE; what PPE is necessary; how to properly put on, use, and take off PPE; how to properly dispose of or disinfect, inspect for damage, and maintain PPE; and the limitations of PPE.
      4. Protocols should be in place to prevent or reduce the likelihood of exposure and be in compliance with operating site PPE requirements. Local, state, and federal mandates must be followed.
    • Multiple Awards

      If bid documents provide for award to more than one bidder, multiple awards may be made to bidders under one solicitation. The provision to make multiple awards should be considered when it appears likely that the equipment, materials, or services available from a sole bidder will not meet the needs of GRU or it is in the best interest of GRU to purchase from multiple vendors.

    • Warranty of Title

      Supplierwarrants that it holds and shall transfer unencumbered title of the property to GRU and further warrants that it has the right and authority to transfer the title to the property.

    • Term of Contract

      The term of this Contract shall commence on the October 1, 2026 and terminate on September 30, 2029.

      Upon mutual agreement between Parties, this contract may be renewed for one (1) two (2) year period additional years.

      Beyond the extensions described above, this Contract may be extended for an additional six (6) months to allow for completion of a new solicitation.

    • Contract Work Hours and Safety Standards Act

      Where applicable, all contracts  in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

    • Clean Air Act

      Contracts of amounts in excess of $150,000 will contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations will be reported to the DOE and the Regional Office of the Environmental Protection Agency (EPA).

    • NERC CIP Compliance Requirements

      Pursuant to federally mandated security standards from the North American Electric Reliability Corporation (NERC) regarding Critical Infrastructure Protection (CIP), GRU has implemented specific requirements for any contract employee requiring access to protected systems and facilities. These requirements are outlined in NERC Standard “CIP-004-6 Table R3 – Personnel Risk Assessment Program” and apply to anyone who shall have physical and/or electronic access to these designated locations. Compliance verification for an employee, including annual training as well as a qualified criminal history background screening, will be required prior to granting that employee authorized access to the designated protected systems and/or facilities.

    • 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.

    • Blackout Period

      Respondents to this solicitation or persons acting on their behalf may not contact any GRU employee, officer, or board member 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. The only exception is in writing to the Procurement Specialist or as provided in the solicitation documents.  Violation of this provision may be grounds for rejecting a response.

    • Freedom of Information Act

      FOIA provides that any person or organization (excluding Federal agencies) has the right to file a FOIA request access to Federal agency records. In general, all agency records must be made available to the public unless they fall under one of nine FOIA exemptions. FOIA Exemption 4: Trade secrets and confidential commercial or financial information.

      Contractor shall be required comply with requests for documentation under the award for information not covered by Exemption 4 for Trade Secrets and Confidential Information.

    • Florida Trench Safety Act

      The State of Florida incorporates the Occupational Safety and Health Administration’s (OSHA) excavation safety standards, 29 C.F.R. 1926.650 Subpart P, as its standard (Sections 553.60-64, F.S.). The Supplier/Respondent shall list separately in their Proposal the cost of compliance with these standards on a lineal footage basis and the method of compliance. The respondent shall determine if special shoring requirements are needed. Special shoring shall be identified and priced on a square footage basis in the Proposal. The Successful Respondent is fully responsible for the design of the trench safety system and the compliance with the applicable standards for the project.

    • Performance of Work in the United States

      All work performed under this contract must be performed in the United States.

    • Collusion

      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.

      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.

      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.

    • Vendor Responsibilities

      Supplier will recruit, screen, interview, hire and assign its employees to perform the work pursuant to this Contract; compensate its employees for hours worked at GRU; withhold and transmit payroll taxes, provide unemployment insurance and workers’ compensation benefits; and handle unemployment and workers’ compensation claims involving employees.

      Supplier shall obtain background check and drug screening services of its employees who will perform work at GRU locations.  To ensure compliance with the Fair Credit Reporting Act, Supplier will not provide copies of such background check or drug screening results to GRU but will instead provide an attestation of completion of such services to GRU. Background check services may be conducted by one or more of Supplier’s preferred, third-party vendors (e.g., Hire Right, A-Check Global).

      Supplier shall require all of the Employees to self-report in writing to Supplier within forty-eight hours any incidents of arrests by local, state or federal law enforcement agencies.  If the Employee is unable to report in writing due to incarceration or confinement, the Employee shall notify Supplier within forty-eight (48) hours after the arrest by text message, email, phone call, or voicemail. In addition, all Employees holding a Commercial Driver’s License (CDL) as a condition of employment shall self-report, in writing, to Supplier within forty-eight (48) hours after any citations, arrests, or charges disqualifying the Employee from holding a CDL.

    • Affirmative Socioeconomic Steps

      If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus firms are used when possible.  Those steps are outlined below:  

      1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.
      2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever there are potential sources.
      3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participations by small and minority businesses, and women’s business enterprises.
      4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.
      5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

      Definitions:

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

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

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

      Labor Surplus Area (LSA):  A locality, defined by the Department of Labor’s Employment and Training Administration, that has a civilian average annual unemployment rate during the previous two calendar years of 20% or more above the average annual civil unemployment rate for all states during that same period. (20. C.F.R. §§ 654.4-654.5).  There is an “Exceptional Circumstance Consideration Provision” that allows a civil jurisdiction to ask for inclusion in the LSA list after it is published, due to events such as COVID-19, natural disasters, and other adverse economic changes.

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

    • Safety and Hazard Responsibility
      • Supplier shall be solely responsible for maintaining a safe worksite and for implementing, at its own cost and expense, all safety, and hazard prevention measures required by Occupational Safety and Health Administration (OSHA), National Fire Protection Association (NFPA), and all applicable federal, state, and local laws, regulations, and codes. This includes, without limitation, providing confined space attendants and air monitoring equipment, fire watch during and after any hot work, maintaining fire extinguishers and safety equipment, securing the work area against hazards, and promptly removing combustible materials. Supplier shall ensure that all subcontractors and other parties engaged by Supplier comply fully with these obligations.
      • Supplier shall complete safety documents GRU personnel that may include a pre-task checklist and require a Job Hazard Analysis (“JHA”) component to promote awareness of potential hazards and suggested mitigation measures, at GRUs sole discretion. Additional permits may be required depending on the scope of work. Supplier acknowledges and agrees that GRU’s safety documents are supplemental only, are not intended to be exhaustive or comprehensive, and shall not be relied upon as a complete identification of all potential hazards. Supplier remains solely responsible for identifying, analyzing, and mitigating all hazards associated with its work, including the work of its subcontractors, and for conducting its own job-specific hazard analysis and safety planning.
      • GRU reserves the right, but not the obligation, to monitor the worksite for unsafe conditions. If GRU reasonably determines that Supplier’s or its subcontractors’ operations pose an imminent threat to health, safety, or property, GRU may direct Supplier to stop work until the condition is corrected. Supplier shall promptly comply with such directive and shall not be entitled to any additional compensation or time extension. If Supplier or its subcontractors fail to provide required fire watch, safety measures, or hazard controls, GRU may, but is not obligated to, provide such measures directly or through a third party, and the cost shall be back charged to Supplier and deducted from amounts otherwise due under the Purchase Order.
      • The presence of any fire protection, alarm, suppression, or other safety systems or equipment owned or maintained by GRU shall not relieve Supplier of its obligations under this Section. Supplier remains fully responsible for fire watch, hazard prevention, and all other safety measures required for its work, regardless of the operation, adequacy, or failure of GRU’s systems. Failure to comply with this Section shall subject Supplier to the indemnification obligations set forth elsewhere in the Agreement.
      • Supplier shall immediately notify GRU of any incident, near miss, injury, property damage, or unsafe condition occurring at the worksite, and shall cooperate fully with GRU in any related investigation.
    • Affirmative Action and Pay Transparency Requirements

      Contractor shall comply with all applicable federal labor and employment laws, including but not limited to Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Occupational Safety and Health Act, and the National Labor Relations Act, which protects employees’ right to bargain collectively and engage in concerted activities for the purpose of workers’ mutual aid or protection.

    • Debarment/Suspension/Termination

      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:

      1. 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;
      2. 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;
      3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals, within five years of a proposed award;
      4. 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.
      5. 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;
      6. 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;
      7. 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;
      8. 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;
      9. 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.

       

    • Price Adjustment Clause, Tariff-Based Price Adjustment:

      The parties recognize that the imposition of tariffs or trade restrictions may impact the Supplier's ability to maintain pricing. In the event that new tariffs or changes to existing tariffs are imposed by any governmental authority after the effective date of this Contract, and such changes materially increase the cost of goods or materials necessary for performance, the Supplier may request a price adjustment. In such instances, the Supplier must notify the agency of the impact, supported by credible cost data (see examples below). The parties agree to engage in good-faith negotiations within 15 business days to consider price modifications, substitute goods, or alternative sourcing arrangements, with the goal of minimizing disruption to public services and maintaining the continuity of supply. No Invoiced adjustments will be approved without prior negotiations and approval.

      • Copy of the official tariff schedule or notice (e.g., from the U.S. International Trade Commission, or Customs and Border Protection (CBP)
      • Federal Register notice showing the imposition of the tariff with effective dates and Harmonized Tariff Schedule (HTS codes)
      • Reference to the Harmonized Tariff Schedule (HTS) number for the product
      • Product Classification (HTS Code) Harmonized Tariff Schedule (HTS) code used for the product being imported. Harmonized Tariff Schedule Information
    • Use of Contract by Other Governmental Entities

      Other governmental entities may purchase goods and/or services under this Contract without prior approval from GRU, subject to acceptance by the Supplier. Any such use shall be optional for and at the sole risk and responsibility of Supplier. The Supplier may, but is not obligated to, extend the same pricing, terms, and conditions of this Contract to a participating governmental entity.

      Any such purchases by a participating governmental entity shall be solely between the Supplier and that entity. The participating governmental entity shall be responsible for all aspects of Contract  administration, including, but not limited to, ordering, inspection, acceptance, and payment.

      Each participating governmental entity shall be responsible for determining that its use of this Contract complies with its own procurement requirements and applicable law. GRU makes no representation or warranty regarding the legality, appropriateness, or availability of this Contract for use by any other governmental entity. Any use by another governmental entity shall be at the sole risk and responsibility of that entity.

      This solicitation and resulting Contract were conducted solely for GRU’s own use. Any use by another governmental entity is incidental and shall not be construed as creating a cooperative purchasing contract, shared procurement, or joint solicitation.

      GRU shall have no involvement in, nor liability for, any transactions between the Supplier and any participating governmental entity. Use of this Contract by another governmental entity shall not modify the terms, conditions, scope, or duration of this Contract , nor shall it affect the Supplier’s obligations to GRU.

       

    • 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 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 F.S. 287.133, as amended, at or prior to the acceptance of the bid.

      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.

    • Order of Precedence

      In the event that there is any conflict between the terms and conditions, the order of precedence shall be as follows:

      • Any modification to this Contract 
      • Contract 
      • GRU Technical Specifications
      • GRU Supplemental Conditions
      • GRU General Conditions
      • GRU Instructions
      • Supplier Response

    Submission Requirements

    • Respondent Certification Form (required)

      "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."

      Please download the below documents, complete, and upload.

    • Drug-Free Workplace Certification Form (required)

      Please download the below documents, complete, and upload.

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

          1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
          2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
          3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection (1).
          4. In the statement specified in Subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
          5. Impose a sanction on any employee who is so convicted or require the satisfactory participation in a drug abuse assistance or rehabilitation program as such is available in the employee's community.
          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."

    • Affidavit of Compliance with Section F.S. 787.06(14) Florida Anti-Human Trafficking Compliance (required)

      Pursuant to section 787.06(14), Fla. Stat., when this contract is executed, renewed, or extended the Contractor and any subcontractors must provide the City with an affidavit, signed by an officer or a representative of the Contractor and any subcontractors under penalty of perjury, attesting that the Contractor and subcontractor does not use coercion of labor or services as those terms are defined in this section.

      Please download the below documents, complete, and upload.

    • Bid Bond (required)

      Please download the below documents, complete, and upload.

    • BABA Certifications (required)

      Recipients must maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors and vendors to the recipient. Recipients must keep these certifications with the award/project files and be able to produce them upon request from DOE, auditors or Office of Inspector General.

    • Proof of Active SAM.gov Status Registration (required)

      Provide the Unique Entity ID number and upload the Active Status Registration for your organization. SAM.gov/home

    • Performance and Payment Bond (required)

      By checking "Yes", bidder understands the following:

      If awarded, a Performance Bond and Payment Bond are required. Contractor shall provide such bonds, using the forms attached, for 100% of the price of the awarded contract as security for the full and complete performance of the Contract and for the payment of all persons performing labor, furnishing materials or furnishing equipment in connection with the Contract.

      The surety or sureties shall be a company or companies satisfactory to GRU. In accordance with the Florida Statutes, a person entering into a contract with GRU for the construction of a public building or repairs to a public building or a public work is required, prior to commencing work, to execute and record in the public records of Alachua County, a payment and performance bond with a surety insurer authorized to do business in the state as surety.

    • Pricing Response/Table (required)

      Please upload Pricing Response/Table.

    • Experience Modification Rate (EMR) Documentation

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

    • Subcontractor Information Form (required)

      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 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 Form (required)

      Please download the below documents, complete, and upload.

    • Attach Clarifications and/or Exceptions. (required)

      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

      Upload your Clarifications and/or Exceptions here.

    • Insurance Requirements

      Please download the below documents for your review.

    • What capacity will vendor be providing services/labor for GRU? (required)

      For the purpose of Insurance Requirements, please choose one of the following:

      1. Software
      2. Engineering or Consulting Services
      3. Contractor
      4. None of the above (Insurance is not required)
    • Construction, alteration and/or repair .... (required)

      Is this contract in excess of $2,000 and entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency?

    • State or Federal Funding (required)

      Will the purchase of goods or services be funded by the State or Federal Government (i.e. Grants, FEMA Reimbursements).

    • FEMA Funds (required)

      Is this RFP going to be used for FEMA related funding?

    • GRIP Grant? (required)

      Is this a GRIP Grant?

    • Terms of Award (required)

      Please select from the Terms of Award listed below if known:

    • Goods only, or Service, Labor or Labor/Material? (required)

      1. Is this Solicitation for Goods only?

      2. Is this Solicitation for a Service, Labor or Labor and Material?

      3. Is this Solicitation for Consulting Services?

      4. Is this Solicitation for Software Services?

    • Electronic Pricing Table (required)

      Would you like to have bidders respond to an electronic pricing table through OpenGov?

      Some examples of when to say "yes":

      1. This is a quote for goods or services
      2. This is a bid, with a pricing table that can be uploaded from an Excel spreadsheet
      3. Hourly rate schedules
    • Contract (required)

      Is a multi-year contract required?

    • Term of Agreement: Begin Date (required)

      Enter the begin date here (i.e. October 1, 2024)

    • Term of Agreement: Termination Date (required)

      Enter the termination date (i.e. September 30, 2024)

    • Renewals (required)

      How many renewal will this contract have? (i.e. 'Three (3)'; 'Two (2)'; 'Three (3) One Year', etc.)

    • Surety Bond. (required)

      Is a Surety Bond required with bid submittals?

    • Surety Bond $ Amount (required)

      Enter the dollar amount of the surety bond

    • Fidelity Bond (required)

      Is a Fidelity Bond required?

    • Liquidated Damages dollar amount $ (required)

      Enter dollar amount of Liquidated Damages.   

      For example: "Liquidated damages shall be assessed in the amount of $[XXX,XXX].  [Define when liquidated damages will apply]." 

    • In what capacity will vendor be doing business? (required)

      In what capacity will vendor be doing business?

      1. Software
      2. Engineering
      3. Contractor
    • Work Hours (y/n) (required)

      Do work hours apply to this solicitation?

    • Work hours - Days of week/time of day work can be done. (required)

      Enter the days of the week and the hours of the day that work can be done. (i.e. Monday-Friday, 8am-5pm)

    • Delivery Date (required)

      Do you have a required delivery date?

    • Delivery Date (required)

      Provide required delivery date

    • Delivery Location (required)

      Do you have a specific delivery location?

    • Delivery Location (required)

      Enter full delivery address here.

    • Job Site. (required)

      Is there a specific location where work will be done?

    • Job Site Address (required)

      Please provide address for the job site.

    • Will Vendor provide required permits? (required)

      Will Vendor provide required permits?

    • Will GRU provide permits? (required)

      Will GRU provide required permits?

    • Licensing requirements? (required)

      Licensing requirements?

    • Design Build (required)

      Is this a Design Build Project?

    • Choose which indemnification clause applies to this construction project. (required)

      Choose which indemnification clause applies to this construction project.

    • Florida Trench Safety Act. (required)

      Does the Florida Trench Safety Act apply to this solicitation?

       

      The State of Florida incorporates the Occupational Safety and Health Administration’s (OSHA) excavation safety standards, 29 C.F.R.  1926.650 Subpart P, as its standard (Sections 553.60-64, F.S.). The Contractor/Respondent shall list separately in their Proposal the cost of compliance with these standards on a lineal footage basis and the method of compliance. The bidder shall determine if special shoring requirements are needed. Special shoring shall be identified and priced on a square footage basis in the Proposal. The Successful Bidder is fully responsible for the design of the trench safety system and the compliance with the applicable standards for the project.

    • Contractor, Supplier or Consultant? (required)

      Is the vendor a:

      (Your answer will automatically populate throughout the contract document)

    • CONTRACTOR, SUPPLIER OR CONSULTANT (CAPS) (required)

      Is the vendor a:

      (Your answer will automatically populate throughout the contract document)

    • Type of Contract (required)

      Choose whether this is an "Agreement" (such as a PSA or Software) or a "Contract". The document will be consistent with this answer.

    • Choose which applies: (required)

      Is this an agreement or a contract?

    • Contractor Business Entity (required)

      Sunbiz

      https://dos.fl.gov/sunbiz/search/

      Enter the Business Entity Type of the Contractor

    • Bid Bond (required)

      Will this solicitation require a bid bond?

    • List your Evaluation Criteria (required)

      List criteria being evaluated (i.e. price, delivery and warranty). 

    • Mandatory - entrance after meeting begins (required)

      Enter number of minutes below:

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

    • Non-Mandatory - entrance after meeting begins (required)

      Enter number of minutes below:

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

    Key dates

    1. July 31, 2026Published
    2. September 3, 2026Responses Due

    AI classification tags

    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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