Contract 2019-94A2019-94A
AGREEMENT FOR
WATER & WASTEWATER MISCELLANEOUS CONSTRUCTION/
MAINTENANCE SERVICES
THIS AGREEMENT, is made and entered into this J day of
2019, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and RCM UTILITIES, LLC. whose address
is: 100 West Mills Avenue, Eustis, FL 32726, (hereinafter referred to as
"CONTRACTOR").
WHEREAS, the City of Zephyrhills through the public procurement process awarded an
Agreement for water & wastewater miscellaneous construction/maintenance services, the
City of Zephyrhills Agreement Number RFP 35-19-01
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the City of Zephyrhills Agreement Number RFP 35-19-01
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall furnish water and wastewater miscellaneous
construction/maintenance services as described in the City of Zephyrhills Agreement
Number RFP 35-19-01, which is attached hereto and incorporated herein as Exhibit "A"
and shall do everything required by this Agreement and the other Agreement Documents
contained in the specifications, which are a part of these Documents. Provided, however,
that nothing herein shall require CITY to purchase or acquire any items or services from
CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the
terms and conditions of this Agreement shall prevail and govern. In all instances the CITY
purchasing policy, resolutions and ordinances shall apply.
ARTICLE II — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `13%
attached hereto and incorporated herein.
ARTICLE III — TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until August 12, 2022, unless terminated or renewed as
provided by the City of Zephyrhills.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if. a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual Agreement of the parties, this Agreement may be renewed for
three (3) additional year term.
ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable
purchase order or notice to proceed.
ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30) calendar days of receipt of the invoice.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
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ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $, 1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Products -Completed Operations, $2,000,000
(d) Personal & Adv. Injury, $1,000,000
(e) Professional Liability, $1,000,000 Each Occurrence, Combined Single
Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
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including but not limited to attorneys fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the parry set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: RCM Utilities, LLC.
100 West Mills Ave
Eustis, FL 32726
Attn: Christopher R. Creech, Owner/Manager
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
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ARTICLE IX — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severabilit . If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assi Zi1gi nent. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
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(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in the City of Zephyrhills Agreement Number RFP 35-
19-01
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this_day ofC e.1Q , 2019.
City of ont
4
Gail Ash, City Mayor
Howe, City Clerk
•�A�Rr. vrrrr•"
RCM Utilities, LLC.
A4kA4-
Corpo'Me Secretary A m
(ter �5 5S
(Name Printed or Typed)
e r- P . 'Cxc�eo-�)
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EXHIBIT A
CITY OF ZEPHYRHILLS
Water & Wastewater Miscellaneous Construction/Maintenance Services
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into this 121 day of August, 2019 by and between the CITY OF ZEPHYRRMLS, a
Florida municipal corporation, having its principal office at 5335 8 h Street, Zephyrhills, FL
33542 ("City") and RCM Utilities, a corporation organized and authorized to do business in the
State of Florida, having its principal office at 100 West Mills Avenue, Eustis, FL 32726
"Contractor"). The City and Contractor shall collectively be referred to as the "Parties", and
each may individually be referred to as a "Party".
ARTICLE 1— RECITALS
1.1 The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement.
ARTICLE 2 — CONTRACT DOCUMENTS
2.1 The following documents, collectively referred to as the "Contract Documents", are
incorporated into and made part of this Agreement:
2.1.1 RFP 35-19-01, Water & Wastewater Construction/Maintenance Services "Exhibit
A"•
2.1.2 Contractor's response to Item 2.1.1, attached hereto as "Exhibit B';
ARTICLE 3 — TERM OF AGREEMENT
Ov. I Subject to authorized adjustments, the Term of this Agreement shall have an initial term
of three (3) years with an option to renew for an additional three (3) year term..
3.2 When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to
the Contractor's ability to perform Services or any portion thereof, the City may request that the
Contractor, within a reasonable time frame set forth in the City's request, provide adequate
assurances to the City in writing, of Contractor's ability to perform in accordance with terms of
this Agreement. In the event that the Contractor fails to provide the City the requested
assurances within the prescribed time frame, the City may treat such failure as a repudiation or
breach of the Agreement, and resort to any remedy for breach provided for in this Agreement or
at law.
ARTICLE 4 — COMPENSATION
4.1 Compensation for services shall be as per outlined in Contractors response their response,
attached as Exhibit B. The City would prefer payment made via City's credit card.
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ARTICLE 5 — SCOPE OF SERVICES
5.1 Contractor shall provide all labor, supervision, materials, equipment, tools, services,
monitoring and expertise necessary for the completion of Services, in accordance with the
specifications, terms and conditions contained in the Contract Documents. Contractor shall
perform the Services in accordance with that degree of care and skill ordinarily exercised by
reputable members of its profession.
5.2 This contract has been enhanced to include other City services as required, i.e., storm
water or other related public works projects as awarded by the City Council.
5.3 Contractor represents and warrants to the City that: (i) Contractor possesses all
qualifications, licenses and expertise required for the provision of Services, with personnel fully
licensed by the State of Florida; (ii) Contractor is not delinquent in the payment of any sums due
the City, including payment of permit fees, local business taxes, or in the performance of any
obligations to the City; (iii) All personnel assigned to perform work shall be, at all times during
the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the
Services will be performed in the manner and at such times and locations as described by the
City for the budgeted amount; and (v) The person executing this Agreement on behalf of the
Contractor is duly authorized to execute same and fully bind Contractor as a party to this
Agreement.
5.4 Contractor agrees and understands that: (i) any and all subcontractors used by Contractor
shall be paid by Contractor and not paid directly by the City; and (ii) any and all liabilities
regarding payment to, or use of subcontractors for any of the work related to this Agreement,
shall be borne solely by Contractor.
5.5 Contractor warrants that any and all work, materials, services or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended
result, will be supplied by the Contractor at its own cost, whether or not specifically called for.
5.6 The Services shall be completed by the Contractor to the satisfaction of the City. The
City shall make decisions on all claims regarding interpretation of the Agreement and on all
other matters relating to the execution, progress and quality of the Services.
ARTICIAL 6 — CITY'S TERMINATION RIGHTS
6.1 The City shall have the right to terminate this Agreement, in its sole discretion at any
time, with or without cause, upon fifteen (15) days written notice to Contractor. In such event,
the City shall pay Contractor compensation for Services rendered prior to the effective date of
termination. The City shall not be liable to Contractor for any additional compensation, or for
any consequential or incidental damages.
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ARTICLE 7 — INDEPENDENT CONTRACTOR
7.1 Contractor has been procured and is being engaged by the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, Contractor shall not attain,
not be entitled to, any rights or benefits under the Ordinances of the City, nor any rights
generally afforded classified or unclassified employees of the City.
Contractor further understands that Florida workers' compensation benefits available to
employees of the City, are not available to Contractor. Therefore, Contractor agrees to provide
workers' compensation insurance for any employee or agent of Contractor rendering services to
the City under this Agreement.
ARTICLE 8 — CONFLICTS OF INTEREST
8.1 The Contractor represents and warrants to the City that it has not employed or retained
any person or company employed by the City to solicit or secure this Agreement and that it has
not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage
fee, or gift of any kind contingent upon or in connection with, the award of this Agreement.
8.2 Contractor covenants that no person under its employ who presently exercises any
functions or responsibilities on behalf of the City in connection with this Agreement has any
personal financial interest, directly or indirectly with Contractor. Contractor further covenants
that, in the performance of this Agreement, no person having such conflicting interest shall be
employed.
ARTICLE 9 — DEFAULT
9.1 If Contractor fails to comply with any term or condition of this Agreement, or fails to
perform any of its obligation hereunder, then Contractor shall be in default. The City shall have
the right to terminate this Agreement, in the event Contractor fails to cure a default within ten
(10) business days after receiving Notice of Default. Contractor understands and agrees that
termination of this Agreement under this section shall not release Contractor from any
obligations accruing prior to the effective date of termination.
ARTICLE 10 —NOTICES
10.1 All notices, demands, correspondence and communication between the City and
Contractor shall be deemed sufficiently given under the terms of this Agreement when delivered
by personal service, faxed, or dispatched by mail or certified mail, addressed as follows:
To CONTRACTOR:
RCM Utilities
100 West Mills Avenue
Eustis, FL 32726
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To CITY:
And,
City of Zephyrhills
ATTN: City Manager
5335 8" Street
Zephyrhills, Florida 33542
City of Zephyrhills
ATTN: City Attorney
5335 8 h Street
Zephyrhills, Florida 33542
10.2 Either Party may at any time designate a different address and/or contact person by
giving notice as provided above to the other Party. Such notices shall be deemed given upon
receipt by the addressee.
10.3 In the event there is a change of address and the moving Party fails to provide notice to
the other Party, then notice sent as provided in this Article shall constitute adequate notice.
ARTICLE 11— PUBLIC RECORDS
11.1 IF THE CONSULTANT/CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813-780-0000, EXT. 3543 OR
CITYCLERK@CI. ZEPHYRHILLS.FL.US OR CITY CLERK, CITY OF
ZEPHYRHILLS, 5335 EIGHTH STREET, ZEPHYRHILLS, FLORIDA 33542.
ARTICLE 12 — INDEMNIFICATION
12.1 ContractorNendor shall defend, indemnify and hold harmless the City of Zephyrhills and
all of the City of Zephyrhills's officers, agents, and employees from and against all claims,
liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees, and
court costs which may arise because of the negligence (whether active or passive), misconduct,
or other fault, in whole or in part (whether joint, concurrent, or contributing), of
ContractorNendor, its officers, agents or employees in performance or non-performance of its
obligations under the Agreement. Contractor/vendor recognizes the broad nature of this
indemnification and hold harmless clause, as well as the provision of a legal defense to the City
of Zephyrhills when necessary, and voluntarily makes this covenant and expressly acknowledges
the receipt of such good and valuable consideration provided by the City of Zephyrhills in
support of these indemnification, legal defense and hold harmless contractual
obligations in accordance with the laws of the State of Florida. This clause shall survive the
termination of this Agreement. Compliance with any insurance requirements required elsewhere
within this Agreement shall not relieve ContractorNendor of its liability and obligation to
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defend, hold harmless and indemnify the City of Zephyrhills as set forth in this article of the
Agreement.
Nothing herein shall be construed to extend the City of Zephyrhills's liability beyond that
provided in section 768.28, Florida Statutes.
ARTICLE 13 — INSURANCE
Insurance. ContractorNendor shall, at its sole cost and expense, procure and maintain
throughout the term of this contract, Comprehensive General Liability and Worker's
Compensation insurance, including Employer Liability insurance, with minimum policy limits of
$ 1,000,000(this could be $2,000,000 depending on the amount of the contract) Combined Single
Limits, or to the extent and in such amounts as required and authorized by Florida law, and will
provide endorsed certificates of insurance generated and executed by a licensed insurance
broker, brokerage or similar licensed insurance professional evidencing such coverage, and
naming the City of Zephyrhills as a named, additional insured, as well as furnishing the City of
Zephyrhills with a certified copy, or copies, of said insurance policies. Certificates of insurance
and certified copies of these insurance policies must accompany this signed contract. Said
insurance coverages procured by ContractorNendor as required herein shall be considered, and
ContractorNendor agrees that said insurance coverages it procures as required herein shall be
considered, as primary insurance over and above any other insurance, or self—insurance,
available to the City of Zephyrhills, and that any other insurance, or self-insurance available to
the City of Zephyrhills shall be considered secondary to, or in excess of, the insurance
coverage(s) procured by ContractorNendor as required herein.
Nothing herein shall be construed to extend the City of Zephyrhills's liability beyond that
provided in section 768.28, Florida Statutes.
Builders' Risk — If this Contract includes: (1) construction of a new above -ground
structure or structures, or (2) any addition(s), improvement(s), alteration(s), or repair(s), to an
existing above -ground structure or structures, or (3) the installation of machinery or equipment
into an existing structure or structures, the Contractor shall provide, in a policy acceptable to the
City, "all risk" (i.e. Special Form) property insurance on any such construction, additions,
machinery or equipment. The amount of the insurance shall be no less than the estimated
replacement value at the time of the City's final acceptance of such new structures, addition(s),
improvement(s), alteration(s), repair(s), machinery or equipment. The coverage shall not be
subject to any restriction with respect to occupancy or use by the City and, subject to thirty (30)
days' prior written notice to the City shall remain in full effect until final acceptance by the City.
In addition, the City, the Professional, and the Contractor's subcontractors of any tier, shall be
additional insureds on this policy. The insurance shall include a deductible no greater than one
percent (1%) of the Contract amount, or $25,000, whichever is smaller, for which the Contractor
shall be responsible. The risk of loss whether insured or not shall remain with the Contractor until
final acceptance. Upon request, Contractor shall furnish to the City complete copies of the
insurance policy.
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ARTICLE 14 — FORCE MAJEURE
14.1 A "Force Majeure Event" shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural
disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade,
or embargo. In the event that either Party is delayed in the performance of any act or obligation
pursuant to or required by the Agreement by reason of a Force Majeure Even, the tme for
required completion of such act or obligation shall be extended by the number of days equal to
the total number of days, if any, that such Party is actually delayed by such Force Majeure Event.
The Party seeking delay in performance shall give notice to the other Party specifying the
anticipated duration of the delay, and if such delay shall extend beyond the duration specified in
such notice, additional notice shall be repeated no less than monthly so long as such delay due to
a Force Majeure Event continues. Any Party seeking delay in performance due to a Force
Majeure Event shall use its best efforts to rectify any condition causing such delay and shall
cooperate with the other Party to overcome any delay that has resulted.
ARTICLE 15 — MISCELLANEOUS PROVISIONS
15.1 No waiver or breach of any provision of this Agreement shall constitute a waiver of any
subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
15.2 All representations, indemnifications, warranties and guarantees made in, required by, or
given in accordance with this Agreement, as well as all continuing obligations indicated in the
Contract Documents, shall survive final payment, completion and acceptance of the Services and
termination or completion of the Agreement.
15.3 Should any provision, paragraph, sentence, word or phrase contained in this Agreement
be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word,
or phrase shall be deemed modified to the extent necessary in order to confirm with such laws, or
if not modifiable, then same shall be deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and in full force and effect or
limitation of its use.
15.4 Services shall not be subcontracted, transferred, conveyed, or assigned under this
Agreement in whole or in part to any other person, firm or corporation without the prior written
consent of the City.
15.5 The City is exempt from Federal Excise and State taxes. The applicable tax exemption
number or certificate shall be made available upon request.
15.6 This Agreement constitutes the sole and entire agreement between the Parties. No
modification or amendments hereto shall be binding on either Party unless in writing and signed
by both Parties.
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15.7 This Agreement shall be construed and enforced according to the laws of the State of
Florida. Venue in any proceedings between the Parties shall be in Pasco County, Florida.
15.8 The City reserves the right to audit the records of the Contractor covered by this
Agreement at any time during the provision of Services and for a period of three (3) years after
final payment is made under this Agreement.
15.9 The Contractor agrees that it shall not discriminate as to race, sex, color, creed, national
origin, or disability, in connection with its performance under this Agreement.
15.10 The professional services to be provided by Contractor pursuant to this Agreement shall
be non-exclusive, and nothing herein shall preclude the City from engaging other firms to
perform Services.
15.11 This Agreement shall be biding upon the Parties herein, their heirs, executors, legal
representatives, successors and assigns.
15.12 The Contractor agrees to comply with and observe all applicable federal, state, and local
laws, rules, regulations, codes and ordinances, as they may be amended from time to time.
15.13 All other terms and conditions set forth in the Contract Documents which have not been
modified by this Agreement, shall remain in full force and effect.
15.14 In the event of any dispute arising under or related to this Agreement, the prevailing Party
shall be entitled to recover all actual attorney fees, costs and expenses incurred by it in
connection with that dispute and/or the enforcement of this Agreement, including all such actual
attorney fees, costs and expenses at all judicial levels, including appeal, until such dispute is
resolved with finality.
15.15 This Agreement may be executed in two or more counterparts, each of which shall
constitute an original but all of which, when taken together, shall constitute one and the same
Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement on the day written
above.
Signed, Sealed and Delivered
In the presence of C OF ZEPHY LS
r � _
Witn s eth M. Burgess, Jr.) C it President
Witness c
L. Hillman, City Clerk
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Signed, Sealed and Delivered
In the presence of.
A �
itn ss JQhn C. mg
Witn Melissa Moss
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RCM UTILITIES
By: d.4, /-? de(
Name: Christopher R. Creech
R���rh
Title: Manager
SECTION 2
2.0 RFP SCOPE OF SERVICES
2.1 Introduction. The City of Zephyrhllis is seeking the services:
a) Underground utility contractors
b) General contractors
c) Utility electricians
d) Specialty contractors
Contractors are to be licensed in the State of Florida to provide complete contracting services and
emergency repair services of a wide variety of water and wastewater utility projects.
2.2 Services shall include but are not limited to:
a) Construction supervislon/administration
b) New construction of water/sewer mains, lift stations, manholes, wells and appurtenances.
c) Renovations and retrofits for water and sewer mains lift stations, manholes, wells, water
and wastewater treatment plant components and appurtenances, infiltration and inflow
removal projects and cleaning and televising sanitary sewer lines.
d) Demolition associated with renovations/retrofits
e) Scheduling work and subcontractors In harmony with the City of Zephyrhilis, Florida
Operations
Q Estimating cost of future projects
g) Repairs (emergency and non -emergency) of water/sewer mains, lift stations, manholes,
valves, master meters, backflow devices, fire hydrants, wells, water and wastewater
treatment plant components, and SCADA programming/Instrumentation and control work.
2.3 The contractors selected for these services will work with Utilities Owner's Representative In order
to successfully develop a strategy for the best approach to successfully complete each project.
2A The City wNl be selecting two (2) firms for these services. The two top rank firm who have a
successful negotiation will be awarded the contract.
2.5 Warranty. The selected Contractors) will provide the City with a minimum:
a) One (1) year warranty for all service work performed
b) Ten (10) year warranty on all manhole and lift station coating
This warranty will not go into effect until the project has been substantially completed. All work
performed will meet or exceed applicable City Technical Standards and/or local County Technical
Standards.
2.6 Term of Contract. The contract term is anticipated for the period of thirty six (36) months. This
contract can be renewed for an additional one (1) thirty six (36) month period. Should any project
that is active extend past the contract termination date, that contract shall be extended until
completion of such project.
2.7 Payment and Performance Bonds. Payment and Performance Bond and All Insurance Shall be
Secured from or Countersigned by an Agency or Surety Company Recognized In Good Standing and
Authorized to do Business In the State of Florida _If at any time the Owner for justifiable cause shall
be or become dissatisfied with any Surety, then upon the Performance of Payment Bonds, the
Contractor/Vendor shall within five (S) days after notice from the Owner, substitute an acceptable
bond (or Bonds) in such form and sum and signed by such other Surety or Sureties as may be
satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor/Vendor. No
RFP 35-1941 WATER & WASTEWATER 12
Misc Construction/Maintenance Services
further payments shall be deemed due and shall not be made until new Surety or Sureties shall have
furnished such an acceptable bond to the Owner.
2.8 ADDITIONAL INFORMATION/REQUIREMENTS.
2.8.1 The City shall provide a summary of work ("Work") to one (1) or more of the Contractors
selected based upon the specific type of work and estimated dollar value of the project. All
such contract activities would be the subject of a signed Contract Work Order with a
negotiated fee and format supplemental to a primary contract agreement. No travel time
or travel expenses will be considered billable without special prior arrangements. Normal
administrative and/or accounting overhead will be considered as covered by the agreed
upon hourly rates for direct professional personnel and will not be considered as separately
billable.
a) Contractor(s) will respond with a proposal within ten (10) business days. Should
the contractor(s) require additional time prior to submission and additional ten
(10) business days can be requested. Proposal submittal will not be more than
twenty (20) business days after the initial request.
b) The key personnel named in the proposal shall remain responsible for the work
throughout the period of the contract. No diversion or replacement may be made
without approval by the City.
2.8.2 The City shall not be held liable for any expenses incurred In connection with the
preparation of a response to this RFP or for any costs associated with any activities Involved
In presentations and discussions or In preparations and execution of a contract resulting
from this solicitation.
2.8.3 The City places significant value on high quality work and performance, timely access and
response, scheduling and cost concerns, risk management/loss prevention, early Issue
Identification, flow of information and communications, congenial working relations,
adherence to ethical standards, proactive stand-up accountability and the demonstration of
the same.
2.8.4 The purpose and intent of this solicitation is to establish contract arrangements. Any such
contract(s) resulting from this solicitation process are Intended to cover projects and work
currently contemplated but there is no guarantee on the part of the City that such project
work will go forward.
SECTION 3
PROPOSAL PACKAGE CRITERIA - Six (6) copies of the firm's response must be submitted. Five (5) copies should be
bound and one (1) copy should be unbound but secured with a rubber band, spring c Ip, etc. Maximum page count
should not exceed 32. Each copy must contain the following:
3.0 Introductory letter, optional, may be provided by the submitting firm. Can be served as a
transmittal document. One (1) page maximum. This letter shall not include any
information to be considered for evaluation by the Selection Committee.
3.1 Cover sheet and Tab Sheets of your response (Not port of the page count)
3.2 The TABLE OF CONTENTS FOR Water & Wastewater MIsc Construction/Maintenance
Services RESPONSE is to be completed by the submitting firm and Included In the bound
copies of the firm's response. (Not part of the pope count)
RFP 35-19-01 WATER & WASTEWATER
Mlsc Construction/Maintenance Services 13
Exhibit B
SUBMITTED BY:
ylcm
100 WEST MILLS AVENUE
EUSTIS, FL 32726
352-561-2990
RFP 35-19-01
WATER & WASTEWATER MISC.
CONSTRUCTION 1 MAINTENANCE
SERVICES
MORE
rcm
BLiTI■!
Table of Contents
Tab1— Credentials & Previous Performance...............................................................................................
RCM's Credentials & Previous Performance ....................................................................................1
Underground Utility & Excavation Contractor License.........................................................................2
BackflowPrevention Tester Certification..............................................................................................3
Introduction to Lift Station Electrical Troubleshooting.........................................................................4
Tab2 — Staff Credentials and Resumes.........................................................................................................
RCM's Staff Credentials.........................................................................................................................5
ChristopherCreech's Resume...............................................................................................................6
WestonHart wright's Resume..............................................................................................................7
JohnC Riggs' Resume............................................................................................................................8
BradleyGreen's Resume.......................................................................................................................9
MelissaMoss' Resume........................................................................................................................10
BradleyMiller's Resume (Subcontractor)...........................................................................................11
MaxxEnvironmental Staff Experience................................................................................................12
Tab3 — References.........................................................................................................................................
RCM's References................................................................................................................................13
Max Environmental Refences (Subcontractor)...................................................................................14
KemeosReference..............................................................................................................................15
Tab4 — Office Location..................................................................................................................................
RCM's office Location.........................................................................................................................16
Tab5 — Responsiveness and Availability of Equipment...............................................................................
RCM's Equipment List..........................................................................................................................17
MaxxEnvironmental Response Approach..........................................................................................18
Tab6 — hourly Rates & Equipment Rates......................................................................................................
RCM's Labor / Equipment Rate Form..................................................................................................19
Tab7 — Acceptance of Conditions..................................................................................................................
RCM's Acceptance of Conditions.........................................................................................................20
Tab8— Required Forms..................................................................................................................................
FirmData Sheet..............................................................................................................................21
Firm Data Sheet - Subcontractor....................................................................................................22
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DrugFree Workplace ......................................................................................................................23
PublicEntity Crimes............................................................................................................... 24 & 25
Addenda Receipt Acknowledgement.............................................................................................26
Non -Collusive Affidavit...................................................................................................................27
E-Verify...........................................................................................................................................28
RFPAcceptance ..............................................................................................................................29
Tab9- Financial Capacity...............................................................................................................................
RCM's Financial Capacity ......................................................................................................... 30-37
Max Environmental Financial Strength..........................................................................................39
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PCM
ILITIES
TAB 1 - CREDENTIALS & PREVIOUS PERFORMANCE
RCM Utilities, LLC has been serving the greater central Florida area in all aspects of the
water and wastewater industry for 1 % years. We have earned the credibility and trust
of our customers through top quality, on time performance, coupled with excellent
customer service and management skills.
RCM Utilities has provided services and has experience in the following types of water
and wastewater work:
Lift station rehabilitation, installation, inspection & repair
Water treatment plant rehabilitation, new construction & repair
Wastewater treatment plat rehabilitation, new construction & repair
Examples of successfully and reliably completed construction services for water and
wastewater utility projects include:
Hawthorne — Remove & replace High Service Pump at WTP — September 2018
Hawthorne — Installation of water main line valves — October 2018
City of Tavares — Lift Station 99 Rehab — April 2019
City of Tavares — Lift Station #47 — July 2019
City of Groveland — Lift Station #16 — June 2019
The Villages CPM — SEWWCA IPS #2 - June 2019
The Valley MHP — Replace Hydro Pneumatic Tank at WTP — July 2019
Saddle Oak Club MHP — Replace Generator and auto transfer switch to WTP —
July 2019
RCM is staffed, equipped, and experienced to perform new construction of water /
sewer mains, lift stations, manhole, well and appurtenances as well as renovations and
retrofits and repairs emergency and non -emergency.
Licenses and Certifications held by RCM Utilities:
Underground Utility Contractor. CUC1225240
Backflow Prevention Tester — T12-18-8167
Backflow Prevention Assembly Repair & Maintenance
Introduction to Lift Station Electrical Troubleshooting
Department of Transportation Maintenance of Traffic (Intermediate)
Confined Space Entry
Infiltrator Systems Training
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TAB 2 — STAFF CREDENTIALS AND RESUMES
Christopher Creech: Owner, Estimator, General Manager
Total Years' Experience: 10 years
John C. Riggs: Operations Manager, Safety Officer
Total Years' Experience: 11 years
Weston Hartwright: Field Supervisor, Crew Foreman
Total Years' Experience: 12 years
Bradley Green: Crew Foreman
Total Years' Experience: 3 years
Melissa Moss: Executive Assistant
Total Years' Experience: 8 years
Bradley Miller: Supervisor
Subcontractor Total Years' Experience: 15 years
CHRISTOPHER CREECH
EMPLOYMENT EXPERIENCE:
April 2018 — Present RCM Utilities, LLC
Position: Owner, Estimator, General Manager
Mar 2015 — April 2018 Utility Technicians, Inc.
Position: Project Manager, Estimator, Vice President, General Manager
Duties: Estimator, supervisor, and technician for all phases of service,
Expansion, modification, and repair of water and wastewater
plants, lift stations, re -pump stations
July 2011 — Mar 2015 Utility Technicians, Inc.
Position: Foreman, Construction & Service Technician
Duties: Installation and service of lift stations, construction of water plants,
water line construction, sewpercoat applicator for manholes
Feb, 2008-July 2011 Utility Technicians, Inc.
Position: Laborer
Duties: Assisted foreman with installation of lift stations, water line repairs
and service work
May 2007-Feb 2008 Karrs Truck and Car Sales
Position: Mechanic and sales
Duties: Maintained vehicles and sold vehicles.
SKILLS:
• Wastewater Sewer Plants & Lift Stations —complete rehab & construction; motors,
blowers & pump replacement & repairs; replace and repair piping & fittings; control
panel repair & replacement
• Water & Hydrotank-wank cleaning, rehab (including sandblasting) & painting;
inspections (with FL registered professional engineer); installation of fire water tanks
• Sanitary sewer line pressure testing and jetter cleaning
• Manhole and Wet Well rehab, including surface coating (Sewpercoat) and high
pressure grouting
• Operate digital inline zoom video for sewer lines
• Certified backflow tester and repair/maintenance technician
CERTIFICATIONS: Certified Underground Utility and Excavation Contractor
License # CUC1225240
Class A CDL Drivers License
Dept of Transportation Maintenance of Traffic (Intermediate)
Confined Space Entry
Backflow Prevention Device Technician
Backflow Prevention Assembly Repair and Maintenance
infiltrator Systems Training
DOT Drug/Alcohol Awareness Training
EDUCATION: � Umatilla High School, graduated 2007
Signature
WESTON HARTWRIGHT
EMPLOYMENT EXPERIENCE:
June 2019 — Present RCM Utilities, LLC
Position: Field Supervisor
Duties: Installation and service of lift stations, construction of water
plants, water line construction, sewpercoat applicator for
manholes, supervise craw
Nov 2011 —May 2019 Utility Technicians, Inc.
Position: Field Foreman, Construction & Service
Duties: Installation and service of lift stations, construction of water
plants, water line construction, sewpercoat applicator for
manholes, supervise crew
Jun 2009 — Nov 2011 City of Clermont
Position: Utilities Department Technician
Duties: Lift station and new construction technician
Sep 2005 — May 2009 Utility Technicians, Inc.
Position: Construction & Service Technician
Duties: Service and repair of water & sewer plants and lift stations
Jan 1994 —Aug 2005 Donahue's Automotive Company
Position: Vehicle Mechanic
SKILLS:
• Wastewater Sewer Plants & Lift Stations —complete rehab & construction; motors,
blowers & pump replacement & repairs; replace and repair piping & fittings; control
panel repair & replacement
• Water & Hydro tank —tank cleaning, rehab (including sandblasting) & painting;
inspections (with FL registered professional engineer); installation of fire water tanks
• Sanitary sewer line pressure testing and jetter cleaning
• Manhole and Wet Well rehab, including surface coating (SewperCoat) and high-
pressure grouting
CERTIFICATIONS: Class B CDL Driver's License
Dept of Transportation Maintenance of Traffic
(MOT -intermediate)
Confined Space Entry Training
Gas Monitor System Training
EDUCATION: Umatilla High School, Umatilla, FL graduated 1994
JOHN C. RIGGS
WORK EXPERIENCE:
RCM Utdildes July 2019 to Present
Operations Manager and Safety Officer - handles all service calls; scheduled and
coordinated service work; prioritized jobs, dealt with schedule interruptions; handled customer
service calls, solved customer problems and followed up on customer inquiries; created and
processed quotes for service work; reviewed and approved purchase orders; verified weekly
time cards for assigned personnel; as warehouse manager, managed inventory control,
receipt of materials, and staff to ensure material availability for jobs; researched, developed,
and managed supplier relationships to ensure competitive cost and deliveries; maintained
dean, orderly, and safe work environment throughout office and shop; served as Safety
Officer to maintain and ensure company compliance with federal and state regulations;
maintain safety supplies, training and annual truck inspection
Professional Dirt Services Feb 2016 to July 2019
Project Manager -involved in the early stages of project development through to completion;
coordinate work and communication on multiple jobs with job foremen; coordinate internal
resources and third partiestvendors to maintain schedule and ensure materials are available
when needed; establish and maintain relationships with third parties/vendors; handle
schedule interruptions; maintain all permits, required tests and surveys; report job status to
owner and client; coordinate with estimator, architects, engineers and surveyors
Utility Technicians Apr 2006 to Feb 2016
Operations Manager and Safety Officer - handled all service calls; scheduled and
coordinated service work; prioritized jobs, dealt with schedule interruptions; handled customer
service calls, solved customer problems and followed up on customer inquiries; created and
processed quotes for service work; reviewed and approved purchase orders; verified weekly
time cards for assigned personnel; as warehouse manager, managed inventory control,
receipt of materials, and staff to ensure material availability for jobs; researched, developed,
and managed supplier relationships to ensure competitive cost and deliveries; maintained
clean, orderly, and safe work environment throughout office and shop; served as Safety
Officer to maintain and ensure company compliance with federal and state regulations;
maintain safety supplies, training and annual truck inspections
Codding Sand & Soil Jun 2002 to Apr 2006
Customer service - handled orders for dirt supplies; processed invoices; collected payments,
scheduled deliveries
Hudalla Group Jan 2002 to Jun 2002
Manufacturer's rep - managed territory of Florida, southern Georgia, and Alabama; met
dealers on location to introduce products and complete sales orders
Warren and Sweat Manufacturing Jun 1990 to Dec 2001
General Manager for company with $4mm+ sales -outside sales; customer service; materials
purchasing; researched and evaluated new material sources; inventory control; coordinated
with research and development department; operations manager for 60+ employees,
organized company events at trade shows, overseas travel for purchasing
EDUCATION: Graduated from William R. Boone High School, Orlando, Class of 1975
Attended Valencia Community College
Seminars: Inventory Control, Managing Multiple Projects, Priorities and Deadlines,
OSHA Construction Safety
Signature ff �--
BRADLEY GREEN
EMPLOYMENT EXPERIENCE:
May 2018 — Present RCM Utilities, LLC
Position: Crew Foreman
Duties: Installation and service of lift stations, construction of water
plants, water line construction & supervise crew
Nov 2016 — May 2018 Gene Green's Lawn Care
Position: Manager
Duties: Managed crews for lawn care services
June 2014 — Nov. 2016 Utility Technicians, Inc.
Position: Construction Laborer
Duties: Installation and service of lift stations, construction of water
plants, water line construction, sewpercoat applicator for
manholes.
SKILLS:
• Wastewater Sewer Plants & Lift Stations —complete rehab & construction; motors,
blowers & pump replacement & repairs; replace and repair piping & fittings; control
panel repair & replacement
• Water & Hydro tank-4ank cleaning, rehab (including sandblasting) & painting;
inspections (with FL registered professional engineer); installation of fire water tanks
• Sanitary sewer line pressure testing and jetter cleaning
CERTIFICATIONS: Class B CDL Driver's License
Dept of Transportation Maintenance of Traffic
(MOT -Intermediate)
Confined Space Entry Training
Gas Monitor System Training
EDUCATION: Umatilla High School, Umatilla, FL graduated 2014
MELISSA MOSS
EMPLOYMENT EXPERIENCE:
January 2019 — Present RCM Utilities, LLC
Position. Executive Assistant and Corporate Officer
Duties:
• Manage all job communication and files, Notice to Owner and Release of Liens, request
bonding and manage status reports with bonding company
• Manage incoming requests for bids and quotes, identify issues to review with President,
create and manage responses for bids and quotes
• Manage accounts payables and receivables, process checks for signature, receive and
post payments, reconcile bank and checking accounts, monthly closing, annual audit, end
of year processing
• Manage human resources, including timesheets, payroll, payroll taxes, benefits, employee
personnel files, time off records
• Process and maintain certificates of insurance, workers compensation, liability insurance
and other related requirements and documents
• Maintain water billing community records, respond to questions and concerns with
customers, accept and post payments for water bills, create weekly deposits, make
adjustments and corrections to accounts, process water meter readings, generate and mail
water billing charges, process all water consumption, water loss reports, and financial
reports for water billing communities
• Answer, direct or handle all incoming telephone calls
• Maintain corporate personnel manual and drug -free workplace manual
• Maintain office equipment leases, repairs and supplies
Sept 2011— Nov. 2018 Utility Technicians, Inc.
Position: Administrative Assistant
Duties: Manage job and bid files, accounts payables and receivables, manage
employee timesheets and time off records, participate in weekly job
meetings and manage job scheduling board, maintain on -call schedule
for technicians
April 2009 — June 2011 Allen's Well Drilling, Inc.
Position: Secretary
Duties: Maintain the smooth running of office through a variety of
administrative and clerical duties. Schedule and coordinate
service work with technicians.
Jan 2006 --April 2009 Hidden Valley Ranch & Nursery, Inc.
Position: Secretary
Duties: Answer calls, take messages, handle correspondence,
arrange appointments, managing databases, manage orders
going out, filing
June 1989 -Sept. 2005 Winn -Dixie
Position: Pricing Manager
Duties: Ensure accuracy of prices for the store
EDUCATION:
Signatu
Clewiston High School, graduated 1989
J
Bradley Miller
(561) 398-2781
brad maxxenvironmental.com
Feb 2016-Present Supervisor — Man Environmental, Riviera Beach
(3.5 Years)
Maxx Environmental, LLC Is a family owned business providing specialized
underground sewer and drainage Infrastructure rehablittation and repair services on
private and public projects utilizing primarily Sewpercoat:. .
Tasks & duties;
• Supervise employees and projects from beginning to completion
• Attend pro -bids and pre and post -construction meetings with owners
• Compile project schedules, work -orders, material logs and safety program
• Conduct office and Job -site work and safety meetings with employees
• Produce and maintain job cost, profit and loss reports
• Work with engineers and owners on design -builds and on -site conflict resolution
Feb 2013-Feb 2016 Account Manaaer - Fortillne Waterworks, Riviera Bch
(3 Yeers)
Fortiline Is an underground utility water & sewer materials distributor. My tasks were
to handle several customers with plan take -offs, quotes, material shipments, invoicing,
Job site conflicts, emergency situation resolution, engineer design assistance on
private development and public commercial construction projects ranging from
$600,000 to $10 million dollars.
Aug 2002—Feb 2013 Supervisor — CEES, Inc, West Palm Beach, FI
(t 1 Yews)
CEES, Inc. (Chaz Equipment) was a Sewoercoat applicator providing underground
sewer and drainage structure rehabilitation throughout the state of Florida.
I handled all facets of operations, scheduling, business development, marketing and
maintained master stand-alone data -base systems including all facets of daily
operations. As supervisor for over a decade I coordinated a total of 40 million dollars
of construction and rehabilitation work from inception to closeout.
EDUCATION
Sep 1986 — May 1989 American Academy High School, Nicostti Cyprus
Aug 1989 — May 1993. Wheeling Jesuit University (BA), Wheeling, WV
3610 Fiscal Court
RMeere Beach, R 33404
(561) 3982781 C
(561) 801-0013 F
mov ernrirortmentsl.com
Maxx Environmental Staff Experience with
Se"rcoat in the State of Florida
For further verification of our experience please feel free to call;
David Waters; (352) 483-6434 (Porter & Assoc. — Sewpericost Honda
Joseph Talley; (757) 339-3327 (Sewpercoef nadons/ menuf Wrers rep)
Ofad Miller.
Supervisor
Total Years Experience - 15+ }rears
Total Manholes Coated - 12,000+ (72,000vQ
Total Wet Wells Coated - 1000 + (18,000vl)
Crew Leader / Gunner 8 Mixer
Total Year Experience - 3+ �"M
Total Manholes Coated - 600+ (3,OOOvQ
Total Wet Wells Coated - 30+ (600vt)
Skilled / Specialized Labor / Gun"y & Mlxc r
Total Years Experience - 11+ years
Total Manholes Coated - 5,000+ (30,OOM
Total Wet Wells Coated - 200+ (3,000vQ
Skilled / Specialized Labor / Gunner S Mixer
Total Years Experience - 2+ years
Total Manholes Coated - 300+ (1,800vf)
Total Wet Wells Coated - 20+ (300vo
INFRASTRUCTURE 0 REHABILITATION 0 SOLUTIONS
900
PUCM
I1LITIEW
TAB 3 - REFERENCES
City of Tavares
201 E. Main Street
Tavares, FL 32778
Bob Kenner 352-516-3530
Shannon Parrish 352-516-1624
Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat
City of Groveland
156 S. Lake Ave
Groveland, FL 34736
Chris Grove 352-308-5787
Pash Dhanra 352428-4991
Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat and full electrical
replacement including control panel
City of Urnstilla
1 S. Central Ave
Umatilla, FL 32784
Aaron Mercer 407-949-2917
Removal & replacement of clarifier bridge expanded 25' of elevated walkway, water meters.
Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat
Sun Communities
27777 Franklin Road
Southfield, MI 48034
Jennifer Harwick 941-374-5156
Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat, hydro pneumatic tank
replacement, misc. water main & isolation valve replacements.
The Village Commercial Property Management
3597 Kiessel Road
The Villages, FL 32163
Jarrod Ford 352-636-4840
Complete construction of multiple High -Pressure Irrigation Pump Stations to include 2000 GPM pump
skid with duplex vertical turbine pumps. 1000GPM pond fill well pump, High Pressure hypochiorite
injection system, Scada arid telemetry, all housed in a 1000 sq. ft pump house
3610 Fiscal Court
MWere Beach, F133404
156113138-2781 C
[561) 8814XM3 F
ma=rnrx =&%el.corn
References - Maxx Environmental, LLC
City of Fort Mvers: Al Casino - Public works Operations Supervisor
4200 MLK Jr. Blvd., Ft. Myers, FI 33816
Tel: (239) 410 2448
Email: acasina0citAmvers.com
Work completed: Sewpercost manhole rehabU:tw- jsrt+
City of Naples: Kevin Swisher — Utility Maintenance Supervisor
380 Riverside Cir., Naples, FI 34102
Tel: (239) 29841460
Email: kswisher0naolesnov.com
Work completed: Sewpercoatmanhole & LS rehL,hilitation
Village of Wallington: Corey Robinson — Opendlons & Maintenance Supervisor
12300 Forest HUI Blvd., Wellington FI 33414
Tel: (681) 906-1083
Email: crobinson01welilm9onfl.gov
Work completed: Sewpocoat mantsolershobiiiaRue.:,�
Seminole T ibe of Florida: Juan Mate — Utility Operstions Suparvloor
6300 Staling Rd., Hollywood, FI 33024
Tel: (863) 228.2138
Email: civanmata@semtribe.com
Work completed: Sewpsrcoat manhole & LS coatings
atLi�.cnasi i tl "i ALdorg Brent Weidenhamer — O&M Supervisor
4200 Hood Rd., Peon Basch Gardens, F133410
Tel: (661) 627-2900
Email: bweidenhamerftua.com
Work completed: Sewpercoat manhole & LS rehabilitation
INFRASTRUCTURE 0 REHABILITATION a SOLUTIONS
�J Kerre- os
October 18, 2017
Maxi Environmental, LLC
3610 Fiscal Court
Riviera Beach, FL 33404
SUBJECT SEWPERCOATeAPPLICATION STATUS
This letter serves to verify that Maxx Environmental, LLC personnel have demonstrated
the requisite skill and training to be considered competent and qualified installers of
SewperCoate materials (as manufactured by Kemeos Inc.). Maxx Environmental, LLC
personnel have Installation experience with the low-pressure, wet spray Installation
method and have successfully instatied SewperCoat" PG in manhole, lift station, and
wet well rehabilitation applications throughout their careers.
With SewperCoae being a specialty construction product having very specific
installation methods and equipment requirements, Kemeos Is very select In our
assessment of any contractor interested in gaining our "competent and qualified
installer• designation. This designation is typically required In project specifications,
along with other exhaustive experience and volume of similar work requirements.
Kemeos maintains a listing of competent and quality contractors that have
demonstrated requisite skill and training to be considered qualified installers of our
materials. Mom Environmental, LLC are included in this listing.
If you have any additional questions or comments, please do not hesitate to contact me
directly.
Respectfully,
Joseph Talley
SewperCoat' Market Manager
Kemeos Inc.
Ken wm Inc, -1316 Fftfly Lana, Che"pw1w. VA nM
Ph": (?M 26 -WO FAX: UM 26+WW
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ILITI■100
TAB 4 -OFFICE LOCATION
Our office is located at 100 West Mills Avenue in Eustis, FL 32726 which is 1 % hours
from City of Zephyrhills. Our technicians also live in this area and are available to
respond as needed by the City.
Please see map below.
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ILITIES
TAB 5 - RESPONSIVENESS / AVAILABILITY OF EQUIPMENT
RCM Utilities owns all the equipment listed below and the yard where our equipment is stored is at
100 West Mills Avenue Eustis, FL 32726
Trucks:
2018 Ram 5500 with 6000 lb. crane- heavy construction truck
2015 Ford F550 with 500 lb. crane — heavy construction truck
2016 Chevrolet 2500 with 3000 lb. crane — service truck
2004 Chevrolet 2500 — shop truck
Trailers:
2009 35' Hooper Gooseneck trailer
201818" Taylor Equipment trailer
16' Tandem Dump trailer
Equipment:
30HP Tractor with bucket
Hose Monster
5000 lb. Warehouse Forklift
3000 lb. Warehouse Forklift
Ditch Witch Trencher
(2) 3" Diaphragm Mud Hogg pumps
2" & 3" Trash Pumps
Hose Monster Test
Fire Hydrant Flow Test Equipment
High Pressure leak stop grout pump
(2)11000-watt welder generators
(1) 8600-watt generator
(1) 5000-watt generator
(1) gas powered air compressor
Confined Space rescue kit tripod, harness, blowers & gas monitors
Backflow Preventor test gauge
_ 1
- - ------3610 Fiscal Court
Riviera Beach, R 33404
(581) 398-2781 C
(561) BSIM13 F
mawrn+irommwul-cmm
Response Approach to Work Orders
SCHEDULING:
We can be on-alte next day for emergencles.
COMPLETION:
Manholes; 3-7 per day / Lift Stations; 2.5 days max
EMERGENCY:
We can be on -site within 2448 hours.
MOBILIZATION:
No additional cost — Included within our bid pricing.
EQUIPMENT:
Ford F450 lead box truck, Strong 35D Spray Rig,
Ford F450 support truck, 5000ps( pressure washer trailer,
375cfm1150ps1 air compressor.
MATERIALS: Coating material new S rehab - Sewpercoat PG, Kerneos
Aggressive leak stops — Seal Guard 2 hydrophobic grout
Regular leak stops — Avanti 202 hydrophilic grout
Hole filling / Leak stops — Strong Plug
Wall patching I repairs — Strong QSR
Black Beauty sand (sandblasting) - Florida Sand & Silica
Safety Gear (Tripods, Gas detectors, etc) — Ritz Safety
PICTURES: We shall provide before and after pictures of all work.
SUB -CONTRACTORS: None. Maxx shall perform all services
INFRASTRUCTURE a REHABILITATION 0 SOLUTIONS
"oe
PCM
TILITIES
TAB 7 ACCEPTANCE OF CONDITIONS
As found in section 1.14.2 Insurance, RCM Utilities has been assured by its insurance provider Bates
Insurance that a pollution policy for $1,000,000 for each pollution condition can be obtained if we are
awarded this contract. Please let us know, and we can forward to you proof of coverage.
In addition, RCM Utilities has obtained builders' risk coverage when required on a job per job basis. If
awarded this contract, and builder's risk coverage is required, we will notify our insurance provider
and can forward to you proof of coverage.
Except for the two insurance coverages listed above, there are no known exceptions or deviations to
the terms and conditions of the City of Zephyrhills RFP 35-19-01 Water & Wastewater Misc.
Construction / Maintenance Services
FIRM DATA SHEET
APPLICANT FIRM NAME: tilities LLC
ADDRESS: 100 West Mills Ave Eustis, FL 32726
TELEPHONE NUMBER: 352-561-2990
FAX NUMBER: 352-292-0139
EMAIL ADDRESS: chrisArcmutilibes.com
FEIN NUMBER: 824160762
CONTACT PERSON/TITLE: Christopher R. Creech Owner/Manager
Type ownership: Limited Liability Company
Submittal for Parent Company
Branch or Subsidiary
Parent Company, if any:
Former Parent Company/Companies:
Name/Title/Phone Number of two Principals in the firm:
John C. Riggs Operations Manager 352-267-6264
Weston Haftright Feld Supervisor 352-456-8623
_ Melissa Moss Executive Assistant 352-267-0874
Present Offices: City/State/Number of personnel for each:
_lupus. FL 8 --
RFP 354M WATER & WASTEWATER
Misc ConstrucdWMaintenence Services
RFP 35-19-M
FIRM DATA SHEET— SUB -CONTRACTOR
SUBCONTRACTOR:
RFP 95-19-01
Firm Name and Address Services to be Provided
1. Betts Electrical Services, LLC 1, Electrical
9590 SE 190th Court
OcIdawaha, FL 32179
2. Max Environmental, LLC 2. Sewpercoat
3610 Fiscal Court
Rivera Beach, FL 33404
3. 3.
4. 4.
S. 5.
RFP SS-3."I WATER & WASTEWATER
Min Construction/Maintenance Services
19
DRUG -FREE WORKPLACE FORM
The undersigned vendor, in accordance with Florida Statute 287.087, hereby
certifies that RCM Uelities, LLC does:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is pmhlbited 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'
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 bid 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 bid,
the employee will abide by the terms of the statement and will notify the employer of
any conviction of, or pleas of guilty or nolo contendere to, any violation of chapter
893 or of any controlled substance law of the United States or any state, for a
violation occurdng in the workplace no later than five (6) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community. by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies
fully with the above requirements.
Bidder's Signature Christopher R. Creech
07/26/2019
Date
PURO&=
M la87
aFP 35-19-01 WATER & WASTEWATER 20
Mist Constructfon/MalMenance Services
SWORN STATEMENT PURSUANT TO SECTION 237.133(3xa),
FLORIDA STATUTES ON PUBLIC ENTITY f Eq.
THiS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. .
1. This swom statement Is submitted to City of Zephyrhilis _
(print name of the public entity)
by Christo2her R. Creech Manager / Owmer
(print Individuers name and title)
for RCM Utilities, LLC
(print name of entity submitting swom statement)
whose business address is
lot] West Mills Ave Eustis, FL 32726
and (if applicable) Its Federal Employer Identification Number (FEIN) is 82-4160762
(If the entity has no FEIN, Include the Social Security Number of the individual
signing this swom statement:
2. I understand that a'public entity crime as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any stale or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or political
subdivision or any other state or of the United States, Including. but not Ilmhed to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and Involving antitrust, fraud, theft, bribery,
collusion, racketeering, coropiracy, or material misrepresentation.
3. I understand that'conviicted" or' on" as defined In Paragraph 287.133(i)(b),
Florida Statutes. means a finding of guyt or a conviction of a public entity crime, with or without
an adjudication of guilt, in any federal or state trial court of reoord relating to charges brought by
Indictment or Information after July 1.1980, as a result of a jury verdict, nonfury ury trial, or entry of a
pies of guilty or nob oontendere.
4. 1 understand that an 'aMIWW as defined In Paragraph 287.1.33(1xa), Florida Statutes means:
1. A predeoessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public enter crime. The term'afiiliate" includes
those officers. directors, executives. partners. shamholdem, employs". members, and
agents who are active In the management of a n affiliate. The ownershlp by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
Income among persons when not for fair market value under an sWe length agreement,
shall be a prima fade case that one person controls another person. A person who
ivnowingly enters Into a joint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an atTNlate.
I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes means any
natural person or entity organized under the Taws of any state or of the Untied States with the
legal power to enter Into a binding contract and which bids or applies to bid on oontracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term 'person" includes those officers, directors,
RFP 35-1"1 WATER & WASTEWATER
Mist Construction/Maintenance Services
22
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the
entity submitting this sworn statement. (Indicate which statement applies.)
-,X_Ne*mr the entity submitting this sworn statement, nor any of Its officers, dkeclom
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any afftllate of the entity has been charged with and convicted of a
public entity, crime subsequent to July 1,1 ON.
The entity submitting this sworn statement, or one or more of Its offkrere, directors,
executives, partners, shareholders, employees, members, or agents who are active In the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1.1M. .
The entity submitting this sworn statement, or one or more of Ibl offioers, directors,
executives, partners. shareholders. employees, members, or agents who we active in the
management of the erdity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989. However, there has been a subsequent
proceeding before a Hearing Officer of the State of Ftoride. Division of AdminMative Hearings
and the Final Order entered by the Hearing Ofricer determined that it was not In the publlo
Interest to place the entity submitting this swam statement on the convicted vendor fist. (attach a
copy of the final order)
1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this _ 26 day of .9Wy
20_U
Personally known Chtistophe� R. Creech
Or Produced tdeMMkea
Notary Public — State of Florida
CKf1MWV
e � GOmmbsion I (f N7156
My Ission expires_ Ovem ram_ .2019 E*U NWWbor ti, 21119
(Type of Identification) ftN "1ftT"f• f»�
(Printed. Typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev. 06H8192)
RFP 35-19-01 WATER & WASTEWATER 23
Misc ConstructionjMatntenance Services
Addenda Receipt Acknowledgment
Addendum # L- _ Date 07/01/2019
Addendum #--. Date
Addendum # Date
Addendum # Date
firm Representaifve:
S nature ate MWMdeVQxVwMA
Christopher R. Creech Manager
Initials r•'G
Initials
Initials,_.
Initials
W 35-1"1 WATER A WASTEWATR 24
Misc Construction/Maintenance Services
NON -COLLUSIVE AFFIDAVIT
�grr�ake
Cowty
Christopher R. Creech bft eat d* ter,,, deposes and no E t,;x; is Manager of
RCM Utilities. LLC fhe perly making the bm-Ong aubnft of quagIcOm or bid *at amh
submEW
t or officer of the Rrm, etr,)
Or bid is genuine and not collusive or sham; that said Firm has not colluded, conspired, connived
or agreed, directly or Indirectly, with any Firm or person, to put In a sham response or to refrain
from responding, and has not in any manner, directly or Indirectly, sought by agreement or
collusion, or communication or conference, with any person, to secure any advantage against the
City of Zephyrhilis of any person interested in the proposed contract; and that all statements in
said response are true.
RCM Utilities, LLC _ _ _ (Company Name)
State of F' id
�y ot`Ai_a e _
The foregoing instrument was acknowledged before me this 26 day of July 2019
by
Christopher R. Creech Manager (,w" r„ d tfdr 0ftrfir)
of RCM Utilities LLC (ftme of ca►porador),
a Florida , _ _lsmceorpAweofe rorpwn6n) corporation, on behalf of the
corporation. Jae/she is personally known to me or has produced (rdrerrrykoaon rype)
as identification.
'0 AA A (slpnotwe Imfw nooty pub o
Melissa MOSS (,+forme of ortory type w**d orstomped)
-AMBR / Executive Assistant (Meorronk @"WTM MEUSSAIYM
Catch ton 6 FF W456
My commission expires: November B. 2019 EX0=Naerdw8,20t6
.rMrr�w,wu,„gb
Serial number, if any
RFP 35-1"1 WATER & WASTEWATER u
Misc Constructton/Malntenence Services
E-VERIFY
RFP No: 35-19-01
Project Description: Water & Wastewater Misc Construction
/Maintenance Services
Vendor/Consultant acknowledges and agrees to the following:
Vendor/Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system, in
accordance with the tams governing use of the system, to confirm the employment eligibility of-,
1. all persons employed by the Vendor/Consultant during the teen of the Contract to perform
employment duties within Florida; and
2. all pcrams, including subcontractors, assigned by the Vendor/Consultant to perform work
pursuant to the contrad with the City of 7.ephyrhills.
Company/Firrn:
Authorized Signature:
ki10
Date:
RCM Utilities, LLC
;&eu
CTMstoprrerCreech
Manacer / Owner
RFP 35-19-01 WATER & WASTEWATER
Misc Consa uctlon/Maintenance Services
26.2019
26
RFP ACCEPTANCE
I acknowledge and understand the requirements set forth in RFP 36-19.01 Water & Wastewater Misc
ConstructionlMatntenance Sw4ces.
07/26=19
Date
Christopher R. Creech
Printed Name
RCM MitleS, LLC
Company Name
In witness whereof, the above submitted has hereunto set his signature and affixed his seat this
26_ day of _ July A.D. 2018
A ELISSA MOSS
t ornrdssion t FF f Ta
90=Nxwrbw8, 2A19
�a
(seal)
RFP 35-19-01 WATER & WASTEWATER
Misc Construction/Maintenance Services
27
EXHIBIT B
Labor/Equipment Rates Form
RFP 35-19-01 Water & Wastewater Mlse Constrttctlon/Malntenance Services
RATES
LABOR and EQUIPMENT RATES I woobows unuas 1 AnM erMM
- ' �.'' W 1:.:lLLL11' E Alimel FNNRIPl
V I !! !!
Baddlow Technidan ,! i! .i i!
vase prwAft when after hourswould a
ime outs de Mon - Fri l7arn - 5 prn
EQUIPMENT RATES
SET UP FEE HOURLY DMLY
WEEKLY
MONTHLY
OWNEDor
RERM
O R
Mini Excavator with o erator
$800.00
2 400.00
$9,600.00
Bad Hoe with Owwor
$1 250.00 1$6250.00
$25 000.00
R
vac Truck - 2 Man Crew
1$250.00
$56.000.00
R
CCTV Camera Ttaikr with Operator
slZ5.00
35 000.00
R
Tractor with Becket whh 0 Ator
$25 000.00
4" a ass Pumpwith Noses
0.00 P2S65Q-QO
P6.250.00
R
Bypass Pump Fuel Additional
ll n
LM watt Generator 3 400.00
Inflitrator MH Leak Stoc Plies tabor I ti +rm nn I !k25 OD htl Kn An Vfin-nn 113 nOn_On I e)
Portable Concrete Mixer with Crew
MeW Fab cffU eM Lead Man
75.00
$750.00 0.00 IS15.000.00
Metal Fabrfc@ftn/Welder
5.00
$650.00 .
Sand Blot Trader Rig with Crew
$250.00
1$295.00
.00 $69,000.00 R
Sand Blasft Sand
S5.00 per Q
b ban
Compactor with o eratar
1 000.0D j$5,000.00 1$20,000.00
Alr essor Road Bore
$250.00
$125.00 1$1.250.00
0
OTHER RATES
MARK UP
MaterM Purchased for f c Job
Meta bb from Stock 25%
Subcon&at:t Labor c
Performance and Payment Bond Cost °/
Company Name: RCM Utilities. LLC
Authorized Signature/Date: 07/26/2019
RFP35-1"l WATER & WASTMATER Christopher R.Creech Manager
Misc Constriction/Maintenance Services 28