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Contract 2024-035ADocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 AGREEMENT No. 2024-035 SANITARY SEWER, MANHOLE, AND LIFT STATION WET WELL REHABILITATION THIS AGREEMENT, is made and entered into this 12th day of June 2024, 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 INLINER SOLUTIONS, LLC, whose address is: 2531 Jewett Lane, Sanford, FL, 32771, (hereinafter referred to as "CONTRACTOR"). WHEREAS, 'Contract Owner (County/City), through the public procurement process, awarded an Agreement for'Contract Title Contract Number 'Piggyback Contract No.RFP-2024-1108; 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 Casselberry Contract Number RFP-2024-1108; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish sanitary sewer, manhole and lift station wet well rehabilitation as described in the City of Casselberry Contract Number RFP-2024-1108, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. 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. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until June 9, 2027 unless terminated or renewed by City of Casselberry. B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's 1 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 Piggyback Agreement .. Sanitary Sewer, Manhole, and Lift Station Wet Well Rehabilitation convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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. C. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2) additional one (1) year terms. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in City of Casselberry Contract Number RFP- 2024-1108 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas, and bio-diesel so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 2 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 Piggyback Agreement .. Sanitary Sewer, Manhole, and Lift Station Wet Well Rehabilitation 5. 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 of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 6. DISPUTE RESOLUTION - MEDIATION A. 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. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. 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. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its 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 subCONTRACTOR 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. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 as follows: A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 Piggyback Agreement .. Sanitary Sewer, Manhole, and Lift Station Wet Well Rehabilitation B. Automobile Liability Coverages, $500,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit C. Excess Liability, Umbrella Form $500,000 Each Occurrence, Combined Single Limit The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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 such acts are 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; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. 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. 8. 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 party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. 4 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 Piggyback Agreement .. Sanitary Sewer, Manhole, and Lift Station Wet Well Rehabilitation CONTRACTOR: Inliner Solutions, LLC 2531 Jewett Lane, Sanford, FL, 32771 Attn: Thomas Gottsegen, CLO/Assistant Secretary OWNER: City of Clermont 685 W. Montrose Street, Clermont, FL 34711 Attn: Brian Bulthuis, City Manager Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. 9. MISCELLANEOUS 9.1. Attornevs' 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. 9.2. 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. 9.3. Severability 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. 9.4. 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. DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 Piggyback Agreement .. Sanitary Sewer, Manhole, and Lift Station Wet Well Rehabilitation 9.5. 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. 9.6. Assignment Except in the event of a 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. 9.7. 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. 9.8. 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. 9.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, including the following: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. 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 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 the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE 11 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 Piggyback Agreement .. Sanitary Sewer, Manhole, and Lift Station Wet Well Rehabilitation CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the City of Casselberry Contract Number RFP-2024-1108. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 12th day of June 2024. CITY OF CLERMONT DocuSigned by: 2BA7692F758C492... Tim Murry, Mayor /I*"- DS ATTEST: DocuSigned by: Tay AdAo,l Nowt 3AD7F34905B344A... Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 INLINER SOLUTIONS, LLC DocuSigned by: t bw�aS '�"b{fSt j'w Y 077C3A5950F945F- (Signature) Print Name: Thomas Gottsegen Title: Thomas Gottsegen, Chief Legal Officer Date: 6/12/2024 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 ,,.IgIT A City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 orocurem ent(&casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES AGREEMENT THIS Agreement is made by and between the CITY OF CASSELBERRY, a municipal corporation existing under the laws of the State of Florida, 95 Triplet Lake Drive, Casselberry, Florida 32707, hereinafter referred to as the "CITY", and INLINER SOLUTIONS, LLC, 2531 Jewett Lane, Sanford, Florida 32771, hereinafter referred to as the "CONTRACTOR". WI TNESSETH: WHEREAS, the CITY has competitively solicited for Gravity Sewer, Manhole, Stormwater, and Lift Station Wet Well Rehabilitation and Lining Services, pursuant to RFP-2024-1108 which is included by reference and incorporated herein; and WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is capable of providing the required services; and WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based on said solicitation. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: SECTION 1 TERM The term of this Agreement shall begin on June 10, 2024 and continue through June 9, 2027, and may be renewed for two (2) additional one (1) year periods when in the best interest of the CITY. Work to be provided under the Agreement will be authorized through the issuance of a Purchase Order and a Task Authorization. SECTION 2 SCOPE OF SERVICES The CONTRACTOR shall furnish all necessary labor, materials, and equipment to complete the services set forth in Exhibit "A" which is attached hereto and incorporated herein. CONTRACTOR shall also be bound by all requirements as contained in the solicitation package and all addenda thereto. SECTION 3 OBLIGATIONS OF THE CONTRACTOR Obligations of the CONTRACTOR shall include, but not be limited to, the following: A. It is understood that the CONTRACTOR shall provide and pay for all labor, tools, materials, permits, equipment, transportation, supervision, and any and all other items or services, of any type whatsoever, that are necessary to fully complete and deliver the services requested by the CITY. The CONTRACTOR shall not have the authority to create, or cause to be filed, any liens for labor and/or materials on, or against, the CITY, or any property owned by the CITY. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment expected by virtue of this Agreement. B. The CONTRACTOR shall ensure that all of its employees, agents, sub -contractors, representatives, volunteers, associates, fully comply with all of the terms and conditions set herein, when providing services to and for the CITY in accordance herewith. PF-405 1 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 i3rocurement(@casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES C. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the work set forth in the Scope of Services. D. The CONTRACTOR shall maintain an adequate and competent staff and remain authorized to do business within the State of Florida. SECTION 4 INVOICES A. The Contractor shall submit one invoice for work completed to the City's Finance Department at Attn: Accounts Payable, City of Casselberry, 95 Triplet Lake Drive, Casselberry, Florida 32707 or ap(aDcasselberrv.orq. B. Invoices shall include the Project Number, Purchase Order Number and a detailed description of tasks completed with man-hours, equipment, and materials expended during the project. C. The City's Project Manager will review each invoice for satisfactory completion of work. D. If an invoice is not acceptable, the City's Project Manager shall, within ten (10) calendar days after receipt and prior to acceptance and processing, provide a clear statement regarding any portions of the invoice that are unacceptable. The burden for payment justification shall be on the Contractor. The City agrees to process all acceptable portions of the invoice in accordance with the Florida Local Government Prompt Payment Act. SECTION 5 COMPENSATION A. The CONTRACTOR agrees that the amount to be paid under this Agreement for services rendered will not exceed Two Million and 00/100 Dollars ($2,000,000.00) annually, for the term of this Agreement, in accordance with the price proposal set forth in Exhibit "B" which is attached hereto and made a binding part hereof. B. It is acknowledged and agreed that this amount is the maximum payable and constitutes a limitation upon the City's obligation to compensate CONTRACTOR for all services rendered. C. Compensation for services completed by the CONTRACTOR will be paid in accordance with section 218.70, Florida Statutes, Florida's Prompt Payment Act. D. In conjunction with the agreement, a purchase order will be established by the City prior to the start of any project, service, or work by the Contractor. E. Services to be performed in accordance with this Agreement are subject to the fiscal year appropriation of funds by the CITY. In its sole discretion, the CITY reserves the right to forego use of the CONTRACTOR for any project which may fall within the Scope of Services listed herein. In the event the CITY is not satisfied with the services provided by the CONTRACTOR, the CITY will hold any amounts due until such time as the CONTRACTOR has appropriately addressed the problem. SECTION 6 WARRANTY CONTRACTOR warrants that the Services will be performed in a professional and workmanlike manner consistent with applicable industry standards. This warranty will be in effect for a period of ninety days (90) from PF-405 ? 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Drocurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES the completion of the applicable Services (the "Warranty Period"). If during the Warranty Period, the Contractor receives written notice from City of breach of warranty. The CONTRACTOR will, at its sole expense, promptly re -perform any Services that fail to meet this limited warranty or refund to the CITY the fees paid for the non- conforming Services at the CITY's option. SECTION 7 APPLICABLE LICENSING The CONTRACTOR, at its sole expense, shall obtain and maintain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide the services set forth herein. SECTION 8 STANDARD OF CARE The CONTRACTOR represents that all personnel employed or subcontracted, possess all necessary training, experience, licenses and permits to perform the Services, and that its performance of the Services will conform to the standard of practice of a professional that specializes in performing professional services of like nature and complexity of the Services. By executing this Agreement, the CONTRACTOR agrees to perform the services requested in an efficient manner, consistent with the CITY's stated Scope of Services and industry standards. SECTION 9 TERMINATION FOR CONVENIENCE The CITY may at any time give thirty (30) days written notice to the CONTRACTOR of the termination of this Agreement, in whole or in part, for the CITY's convenience without cause. SECTION 10 DEFAULT BY CONTRACTOR AND CITY'S REMEDIES In the event of a default by CONTRACTOR, the CITY shall have the right to exercise any remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. SECTION 11 BANKRUPTCY OR INSOLVENCY If the CONTRACTOR files a Petition in Bankruptcy, or if the same is adjudged bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR is appointed in any proceeding brought by or against the CONTRACTOR, or if the CONTRACTOR makes an assignment for the benefit of creditors, or proceedings are commenced on or against the CONTRACTOR's operations, the CITY may terminate this Agreement immediately notwithstanding the notice requirements as provided herein. SECTION 12 PAYMENT WHEN SERVICES ARE TERMINATED A. In the event of termination of this Agreement by the CITY for convenience, the CITY shall compensate the CONTRACTOR for all services performed prior to the effective date of termination. B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the written request of the CONTRACTOR, the CITY shall compensate the CONTRACTOR for all services completed, prior to the effective date of termination, which have resulted in a usable product, or otherwise tangible benefit to the CITY the determination of which is at the CITY's sole discretion. All such payments shall be subject to an off -set for any damages incurred by the CITY resulting from any delay occasioned by early termination. This provision shall in no way be construed as the sole remedy available to the CITY in the event of breach by the CONTRACTOR. A final accounting of all monies owed or due will be completed upon termination and any actions necessary to ensure proper PF-405 3 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Procurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES payment under this Agreement shall be processed accordingly by both parties. SECTION 13 INSURANCE A. The CONTRACTOR shall maintain the following types of insurance, with the respective limits, and shall provide proof of same to the CITY, in the form of a Certificate of Insurance prior to the start of any work hereunder: Automobile combined single limit or $1,000,000.00 a) Automobile Bodily Injury and $500,000.00 b) Automobile Property Damage $500,000.00 Umbrella / Excess Liability a) Liability each occurrence $1,000,000.00 b) Aggregate combined limit (policy year) $1,000,000.00 Commercial General Liability a) Each Occurrence $1,000,000.00 b) Medical Expense (Any one Person) $5,000.00 c) Personal & Adv. Injury $1,000,000.00 d) General Aggregate $2,000,000.00 e) Products — Comp/OP AGG $1,000,000.00 Professional Liability (errors and omissions) $500,000.00 Worker's Compensation $1,000,000.00 WORKERS' COMPENSATION: Employers' liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than $1,000,000.00 per occurrence. Evidence of qualified self-insurance status will suffice for this subsection. The CONTRACTOR understands and acknowledges that it shall be solely responsible for any and all medical and liability costs associated with an injury to itself and/or to its employees, sub -contractors, volunteers, and the like, including the costs to defend the CITY in the event of litigation against same. B. The CONTRACTOR shall name the "City of Casselberry" as a certificate holder and/or as additional insured, to the extent of the services to be provided hereunder, on all required insurance policies, and provide the CITY with proof of same. C. The CONTRACTOR shall provide the CITY's Human Resources/Risk Management Division with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: 1. The name of the insured CONTRACTOR; 2. The specified job by name and job number; 3. The name of the insurer; 4. The number of the policy; 5. The effective date; 6. The termination date; 7. A statement that the insurer will mail notice to the CITY at least thirty (30) days prior to any material changes in the provisions or cancellations of the policy. 8. The Certificate Holders Box must read as follows: PF-405 d 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurement(&casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 Any other wording in the Certificate Holders Box shall not be acceptable. Non -conforming certificates will be returned for correction. D. Receipt of certificates or other documentation of insurance or policies or copies of policies by the CITY, or by its representatives, which indicates less coverage than is required, does not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance requirements specified herein. E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, maintain the same insurance requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of same on file and made readily available upon request by the CITY. SECTION 14 CITY OBLIGATIONS At the CONTRACTOR's request, the CITY agrees to provide, at no cost, pertinent information known and readily available to the CITY to assist the CONTRACTOR in providing and performing the required services. SECTION 15 PUBLIC RECORDS A. The parties specifically acknowledge that this Agreement is subject to the laws of the state of Florida, including without limitation Chapter 119, Florida Statutes, which generally make public all records or other writings made or received by the parties. If the CONTRACTOR is either a "contractor" as defined in Section 119.0701(1)(a), Florida Statutes, or an "agency" as defined in Section 119.011(2), Florida Statutes, the CONTRACTOR shall: 1. Keep and maintain all public records required by the CITY to perform the services herein; and 2. Upon request from the CITY's custodian of public records, provide the CITY 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 Chapter 119, F.S. or as otherwise provided by law; and 3. 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 Agreement Term and following completion of the Agreement if the CONTRACTOR does not transfer the records to the CITY; and 4. Upon completion of the Agreement, transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the services herein. If the CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format compatible with the information technology systems of the CITY. PF-405 5 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 11421 vrocurem ent0casselberrv.ora RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES B. All requests to inspect or copy public records relating to the Agreement shall be made directly to the CITY. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with the requirements of this paragraph shall result in the immediate termination of the Agreement, without penalty to the CITY. A CONTRACTOR who fails to provide the public records to the CITY within a reasonable time may be subject to penalties pursuant to Section 119.10, F.S. Further, the CONTRACTOR shall fully indemnify and hold harmless the CITY, its officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the CONTRACTOR's failure to comply with these requirements. C. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS, ATTN: DONNA G. GARDNER, CMC, CITY CLERK, AT 407-262-7700 EXT. 1133, DGARDNER(a)CASSELBERRY.ORG, 95 TRIPLET LAKE DRIVE, CASSELBERRY, FLORIDA 32707. SECTION 16 RIGHT TO INSPECTION A. The CITY or its affiliates shall at all times have the right to review or observe the services performed by the CONTRACTOR. B. No inspection, review, or observation shall relieve the CONTRACTOR of its responsibilities under this Agreement. SECTION 17 PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. SECTION 18 CORPORATE REPRESENTATIONS BY THE CONTRACTOR The CONTRACTOR hereby represents and warrants to the CITY the following: A. The CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified, licensed and authorized to carry on the functions and operations set forth in this Agreement. The CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. B. The undersigned representative of the CONTRACTOR has the power, authority, and legal right to execute and deliver this Agreement on behalf of the CONTRACTOR. PF-405 F 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Procurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES SECTION 19 INDEPENDENT CONTRACTOR The CONTRACTOR and each sub -consultant are, and while performing the Services will continue to be, independent contractors. The CONTRACTOR shall not be an agent of the CITY, except as may be otherwise expressly provided herein, and only to the extent so provided. The CONTRACTOR's employees and sub - consultant employees are not, and while performing any of the Services, they shall not be deemed to be, employees of the CITY. SECTION 20 RELATIONSHIP OF PARTIES The relationship of the Parties under this Agreement is that of independent parties; each acting in its own best interests. Notwithstanding anything in this Agreement to the contrary, no partnership or joint venture relationship of principal and agent is established or intended hereby between or among the Parties. SECTION 21 THIRD -PARTY BENEFICIARIES The provisions of this Agreement are for the exclusive benefit of the parties and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided. SECTION 22 FORCE MAJEURE No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted pary's ("Impacted Party") reasonable control, including the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, hurricanes, or pandemics; (c) war, invasion, terrorist acts, or riot; (d) government order or law; (e) actions, embargoes, or blockades; (f) national or regional emergency; and (g) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 15 days of the Force Majeure Event to the other party. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 consecutive days following written notice given by it, the other party may thereafter terminate this Agreement upon 10 days' written notice. SECTION 23 TIME IS OF THE ESSENCE Time is of the essence in this Agreement as to all dates and time periods, specifically, the obligations in the Scope of Services. To the extent that the last day of any time period stipulated in this Agreement falls on a Saturday, Sunday or legal holiday (State or Federal), the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Any time period of ten (10) days or less specified herein shall not include Saturdays, Sundays or legal holidays. The term "business days" means days other than Saturdays, Sundays or legal holidays. SECTION 24 FURTHER ASSURANCES Each party hereto agrees to sign any other and further instruments and documents, consistent herewith, as may be necessary and proper in order to give complete effect to the benefits deriving from the terms and conditions PF-405 7 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurementncasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES of this Agreement. SECTION 25 COMPLIANCE WITH ALL LAWS The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, county, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following the execution of this Agreement. SECTION 26 INDEMNITY The CONTRACTOR shall defend, indemnify and hold harmless the CITY and all of the CITY'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 the CONTRACTOR, its officers, agents or employees or subcontractors in performance or non-performance of its obligations under the Agreement. The CONTRACTOR recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the CITY when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the CITY 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 the CONTRACTOR of its liability and obligation to defend, hold harmless and indemnify the CITY as set forth in this article of the Agreement. The CITY will be permitted to choose legal counsel of its choice. The CONTRACTOR shall require each of its agents/subcontractors to agree in writing to the provisions of this paragraph. SECTION 27 INDEMNIFICATION FOR COPYRIGHT INFRINGEMENT The CONTRACTOR guarantees that all services performed under this Agreement will be free from claims of patent, copyright or trademark infringement. The CONTRACTOR shall defend, indemnify and hold the CITY and its successors and assigns harmless from and against all third -party claims, suits, and proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) incurred as a result of (i) infringement by the CONTRACTOR of any third -party patent, copyright or trademark or (ii) misappropriation by the CONTRACTOR of any third -party trade secret in connection with any of the foregoing. SECTION 28 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right of sovereign immunity under Section 768.28, F.S., or other limitations imposed on the CITY's potential liability under state or federal law. The CITY shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY is not liable for any claim or judgment or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the CITY arising ow of the same incident or occurrence, exceeds the sum of ':hree hundred thousand dollars ($300,000.00). This paragraph will survive termination of this Agreement. DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Procurement6d)casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES SECTION 29 COURT ACTIONS/CHOICE OF LAW Except as expressly prohibited by law: A. All legal actions hereunder shall be conducted only in the circuit court in Seminole County or federal court in the Middle District of Florida in Orlando; except that any final judgment may be enforced in other jurisdictions in any manner provided by law; and B. The laws of the State of Florida shall govern this Agreement and the Agreement will be interpreted according to the laws of Florida. SECTION 30 DATA MANAGEMENT Contractor shall comply with any and all applicable data management and cybersecurity regulations set forth in Florida Statutes 282.3185 and 501.171. Contractor shall take reasonable measures to protect and secure electronic data containing personal information. In the event of a data breach, Contractor shall provide notice to the Department of Legal Affairs and to affected individuals as provided in Florida Statutes 501.171. SECTION 31 BINDING EFFECT This Agreement shall be binding upon and ensure to the benefit of the parties hereto, their heirs, personal representatives, successors, and/or assigns. SECTION 32 ASSIGNMENT Except as prohibited by applicable law, neither party shall assign any or all of its benefits or executory obligations under this Agreement without the approval of the other party, except in case of assignment solely for security, except as otherwise specifically provided for in this Agreement in case of default. SECTION 33 AGREEMENT USE BY OTHER GOVERNMENTAL AGENCIES The CONTRACTOR hereby understands and agrees that this Agreement may be used by other governmental agencies within the State of Florida, under the same terms, conditions, price, and for the same effective period. Each governmental agency desiring to accept this Agreement, and make an award thereof, shall do so independently of the CITY and/or any other governmental agency. Each governmental agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no governmental agency assumes any liability by virtue of this Agreement. This Agreement in no way restricts or interferes with the right of the CITY or any governmental agency to competitively procure any or all items. SECTION 34 SEVERABILITY In the event the provisions of this Agreement are determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Agreement, and the remainder of this Agreement shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of a party, such party may choose, at its option, to terminate this Agreement in its entirety. PF-405 q 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurem ent(dcasseIberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES SECTION 35 WAIVER No provision of this Agreement may be waived except by written agreement of the parties. A waiver of any provision on one occasion shall not be deemed a waiver of that provision on any subsequent occasion, unless specifically stated in writing. A waiver of any provision shali not affect or alter the remaining provisions of this Agreement. SECTION 36 NOTICES Whenever any notice, demand, or request is required pursuant to this Agreement, the notice, demand, or request will be sent by United States Mail, registered or certified; by hand delivery; or by overnight delivery, postage prepaid, to the following address of record. Owner's Representative Procurement Manager City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 City Project Representative Jiovani Charres, Utility Engineer I City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 Any notice, demand, or request served on any of the Parties in the previous manner will be deemed sufficiently given for all purposes under this Agreement on the day the notices, demands, or requests are posted, postage prepaid, in the United States Mail; however, the time for response to any notice, demand, or request will commence three days after the posting or on actual receipt, whichever is earlier. Any Party will have the right to designate, from time to time by written notice to the other Parties, any other persons or other places in the United States that such Party may desire written notices to be delivered to. SECTION 37 PROJECT REPRESENTATIVES The CITY and the CONTRACTOR have identified individuals as Project Representatives, listed below, who shall have the responsibility for managing the work performed under this Agreement. The person or individual identified by the CONTRACTOR to serve as its Project Manager for this Agreement, or any replacement thereof, is subject to prior written approval and acceptance by the CITY. If the CITY or the CONTRACTOR replace their current Project Representative with another individual, an amendment to this Agreement shall not be required. The CITY will notify the CONTRACTOR, in writing, if the current CITY Project Representative is replaced by another individual. City's Project Manager Jiovani Charres Utility Engineer I City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 Telephone: (407) 262-7700, Ext. 1761 Email address: jcharres(o)casselberrv.orq SECTION 38 CONFLICT OF INTEREST Contractor's Project Representative Christopher Hee Project Manager Inliner Solutions, LLC 2531 Jewett Lane Sanford, Florida 32771 Telephone: (407) 687-5603 Email address: christor) her. hee(aDDuriscorp.com The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual, or firm any PF-405 10 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurement(aDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For the breach orviolation of this Paragraph, the CITY shall havethe right to terminate this Agreement immediately, without liability and without regard to the notice requirements of Section 36 hereof. SECTION 39 PUBLIC ENTITY CRIMES As required by section 287.133, Florida Statutes, the CONTRACTOR warrants that it is not on the convicted contractor list for a public entity crime committed within the past thirty six (36) months. The CONTRACTOR further warrants that it will neither utilize the services of, nor contract with, any supplier, sub -contractor, or consultant in connection with this Agreement for a period of thirty six (36) months from the date of being placed on the convicted contractor list. SECTION 40 EQUAL OPPORTUNITY EMPLOYER The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The CONTRACTOR will further ensure that all sub -contractors it utilizes in providing the services required hereunder will comply with all equal opportunity employment laws. SECTION 41 EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY) Pursuant to Section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021, have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract and shall result in the immediate termination of this Agreement without penalty to the City. The Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Should the Agreement be terminated pursuant to this subsection, Contractor will not be eligible to be awarded a public contract with City for one (1) full calendar year after the date on which the Agreement was terminated. If the City Contractor utilizes Subcontractors, the following shall apply: A. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. B. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. C. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. The Contractor agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participatior by its subcontractors as provided above, and to make such records available to the City consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E-Verify program. Nothing in this section may be construed to allow intentional discrimination of any class of persons protected by law. PF-405 11 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurement ancasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.ciov/E-Verify. SECTION 42 PUBLIC EMERGENCIES It is hereby made a part of this Agreement that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, the City of Casselberry shall require a "First Priority" for goods and services. It is vital and imperative that the health, safety, and welfare of the citizens of Casselberry are protected from any emergency situation that threatens public health and safety as determined by the CITY. The CONTRACTOR agrees to rent/sell/lease all goods and services to the CITY or governmental entities on a "first priority" basis. The CITY expects to pay contractual prices for all products and/or services under this Agreement in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. Should the CONTRACTOR provide the CITY with products and/or services not under this Agreement, the CITY expects to pay a fair and reasonable price for all products and/or services rendered or contracted in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. SECTION 43 HEADINGS All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions contained in such sections, exhibits, and attachments. SECTION 44 ADMINISTRATIVE PROVISIONS In the event the CITY issues a purchase order, memorandum, letter, or any other instrument addressing the services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for the CITY's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. SECTION 45 DEALINGS WITH FOREIGN COUNTRIES OF CONCERN Contractor is aware of and agrees to comply with the requirements of Florida Statutes 287.138 and 288.007. To the extent that, under this Agreement, Contractor has access to personal identifying information, Contractor agrees that: Contractor is not owned by the government of a foreign country of concern; the government of a foreign country of concern does not have a controlling interest in Contractor; and Contractor is not organized under the laws of and does not have its principal place of business in a foreign country of concern. Per Florida Statutes 287.138(1)(c), "foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Breach of this provision shall be considered a material breach of this Agreement and shall entitle City to, in its sole discretion, terminate this Agreement. To the extent that this Agreement is for an economic incentive, as defined in Florida Statutes 288.007(1)(b), Contractor agrees that: Contractor is not owned or controlled by the government of a foreign country concern; and Contractor is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity. Breach of this provision shall be considered a material breach of this Agreement and shall entitle City to, in its sole discretion, terminate this Agreement. PF-405 12 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 nrocurem ent(a)casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES SECTION 46 FOREIGN GIFTS AND CONTRACTS Contractor shall comply with any and all applicable disclosure requirements of Florida Statutes § 286.101. A breach of this subsection shall be considered a material breach of this Agreement and shall entitle City to, in its sole discretion, terminate this Agreement. SECTION 47 DISCRIMINATORY VENDORS Contractor agrees that it has not been placed on the Discriminatory Vendor List pursuant to Florida Statutes § 287.134. Failure of Contractor to timely disclose whether it or any of its affiliates has been placed on the Discriminatory Vendors List shall be considered a material breach of this Agreement and shall entitle City to, in its sole discretion, terminate this Agreement. SECTION 48 DISBARMENT By signing this Agreement, Contractor certifies that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency. B. Have not, within the preceding five-year period, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local)transaction or contract under public transaction, - violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. C. Are not presently indicted or otherwise criminally charged by a government entity (federal, state or local) with commission of any of the offense enumerated in the preceding paragraph. D. Have not within the preceding five years had one or more public transactions (federal, state or local) terminated for cause or default. Contractor agrees to notify City within thirty (30) days after the occurrence of any of the events, actions, debarments, proposals, declarations, exclusions, convictions, judgment, indictments, informations, or terminations as described above, with respect to Contractor or its principals. SECTION 49 CONFLICTS OF INTEREST This Agreement is subject to Florida Statutes Chapter 112. Contractor shall disclose the name of any officer, director, employee, or other agent who is also an employee. The Contractor shall also disclose the name of any employee who owns, directly or indirectly, more than five percent (5%) interest in the Contractor's, or its affiliates', business entity. SECTION 50 INTEGRATION/AMENDMENT This Agreement represents the entire and integrated agreement between the CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instruments signed by both the CITY and the CONTRACTOR. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest fully executed instrument shall take precedence. SECTION 51 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. PF-405 13 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 i3rocurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES SECTION 52 SCRUTINIZED COMPANIES AGREEMENT TERMINATION CLAUSE This Agreement may be terminated by the CITY, without penalty to the CITY: A. In the event that the CONTRACTOR is put on the scrutinized companies lists enumerated in Section 287.135 and 215.4725, Florida Statutes, or B. If the CITY determines that the CONTRACTOR falsely certified to the CITY that the CONTRACTOR is not listed as a scrutinized company. C. Exemptions and additional penalties shall be as set forth in Section 287.135, Florida Statutes. SECTION 53 PROHIBITION AGAINST CONSIDERING SOCIAL. POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders are hereby notified of the provisions of Section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. SIGNATURE PAGE TO FOLLOW PF-405 14 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 96 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Procurement(cDcasselberrv.org RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES IN WITNESS WHEREOF the parties hereto, by their duly authorized representatives, have executed this Agreement effective the day of MOLL4 AD 2024. CIT OFtCBE FLORIDA Henson Mayor/Commissioner Attest: CITY LBERRY By: oe"Aze� - - Donna G. Gardner, CMC City Clerk As authorized for execution at the City Commission eetig of:a INLINER SOLUT NS, LLC By: Print:7hnrnn._ [�h nn Title: _ G S JeC,Y�� �._ V For a corpora on: STATE OF (� COUNTY OF The foregoing instrument was acknowlecig d before me b eans of Q'physical presence or El online notarization, this 4 o)Oj by-1) VK &bSQof _ 11 L-L-r—'IndhnQorooration, on behalf of the corporation. He/she is personally known to mR or has produced (type of identification) as identification. (Notary Seal] My Commission Expires: _re'h, 5, [.DL.a SARA GROGAN NOTARY PUBLIC Henry County $faM of GwjjW ay► 0WIM. e*n F*Wuivy a, 2OW N3ayau I�, jC yna Name typed, print4d or stamped PF-405 15 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Procurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES Exhibit "A" Scope of Services and Technical Requirements Background The City of Casselberry is a City in Seminole County, FL with a population of approximately 29,000. The City has a water and wastewater utility system serving approximately 60,000 people both inside City limits as well as in parts of Maitland, Winter Springs, Longwood, unincorporated Seminole County, and unincorporated Orange County. The City also has a storm system located solely within City limits where a portion of the system flows into the Howell Creek basin while a majority of the system flows into the Gee Creek Ba;:in. Both basins eventually flow to the St. Johns River. The wastewater collection system consists of approximately 133 miles of gravity sewer mains, 3,259 sanitary sewer manholes, 72 lift stations, and 45 miles of force main. The average age of the gravity sewer system is approximately 40 years old and the majority of the City's gravity sewer mains are made of vitrified clay pipe. The stormwater collection system consists of approximately 19.8 miles of storm pipe, constructed of various pipe materials such as re -enforced concrete, corrugated metal, ADS, and PVC. The City has been rehabilitating its sanitary sewer system and stormwater systems with Cured -in -Place Pipe and manhole lining with the ultimate goal of reducing the volume of inflow and infiltration into the system and extending the lifespan of the system. Individual projects under this continuing services contract will range in size and are anticipated to include both capital projects and emergency repair work. All worksheets in the Price Proposal form should be completed in their entirety. The following definitions are not inclusive and may not align with the price proposal A. Ancillary Services 1. All pricing for non -emergency items shall be proposed based on a project size of at least 10,000 LF. 2. Mobilization refers to the travel charges incurred in transporting equipment and personnel to or from the jobsite to the nearest base of operations. The price for this line item shall include all necessary costs for mobilization and demobilization for any non -emergency project. 3. Traffic Control: Traffic control should include all flagmen, signage, barricades, etc. necessary to maintain traffic in accordance with FDOT standards. The "per week" rate shall be used for projects in which a minimum of one full 5-day week of traffic control is required. The "per day" rate shall be used for all projects with a total duration of less than one week and for all emergency repairs where traffic control is required. 4. Cleaning: Light Cleaning refers to the removal of '/4 diameter or less of sand and/or debris from a section of pipe. Medium Cleaning refers to the removal of 1/4 to'/2 diameter of sand and/or debris from a section of pipe. Heavy Cleaning refers to the removal of greater than 'h diameter of sand and/or debris from a section of pipe. The removal of roots and/or tuberculation are each separate line items. The bid items under A. Ancillary Services will be used when the cleaning is considered more than Light PF-405 16 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 orocurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES Cleaning. It is the Contractor's responsibility to properly dispose of solids from their vacuum truck. The city does not have a location for the Contractor to dispose of this debris. 5. Smoke Testing: The introduction of a smoke producing device into a section of pipe for the purpose of determining sources of exfiltration or cross -connections. 6. Bypass Pumping: Bypass pipes shall be measured per linear foot of bypass pipe required for a project. "Sewer Flow" refers to the diameter of the sewer main that is being bypassed. 7. Dewatering: Dewatering for Stormwater rehabilitation and lining should be based on pipe size and measured per linear foot of pipe required to be dewatered. 8. Easement Access refers to the additional charge incurred when working within an easement on a location which is not easily accessible. Whether or not a location is considered easily accessible will be determined by the City on a case -by -case basis. B. Cured -In -Place Pipe Lining (CIPP) Sanitary Sewer Line Rehabilitation — CIPP refers to the installation of a resin impregnated, cured -in - place pipe by external heat source curing within the existing sewer main. All CIPP installed is to have a normal thickness of 6.0 mm. Closed Circuit Television Video (CCTV) inspection must be performed before and after both mainline and lateral liner installation. CCTV inspection before liner installation is for contractor use only and does not need to be provided to the City. Digital video files of the CCTV inspection after liner installation must be provided to the City at no additional cost. Pre -pipe cleaning and CCTVing should be included in the price for all items listed on the Price Proposal form for B. Cured -in -Place Pipe Lining (CIPP). 2. Lateral Reconnection refers to the reinstatement of the house service connection of the sewer main after the installation of the CIPP system in the sewer main. This is accomplished from within the sewer main via a remote controlled cutting device. 3. Lateral Lining refers to the installation of a CIPP system as described above within the existing lateral extending from the sewer main connection to a previously installed cleanout. Lateral diameters may vary with a minimum diameter of 4 inches. 4. Additional for stack service refers to an additional charge incurred when lining a service lateral in the stack or vertical configuration. 5. Proposers must bid using the CIPP liner outlined in the Scope of Services. C. Sanitary Manhole and Lift Station Wet Well Rehabilitation Epoxy Liner Application: This refers to the application of a spray -on epoxy coating system to a sanitary sewer manhole or wet well. The epoxy coating system shall be Spectrashield, Raven 405, Sauereisen 210 Series, Tnemec Series 434/435, Green Monster, 4553 Epoxy Coating, or approved equal. Prices are to be proposed based on the products listed and not an approved equal. If an approved equal is to be used, it must be approved by the City prior to the start of work. The minimum finished thickness and application procedures of the coating shall be as specified by the manufacturer. This item shall be measured per vertical foot based on a 48" diameter manhole. For all manholes and PF-405 17 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 nrocurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES wet wells larger than 48" in diameter, this item shall be measured per square foot by dividing the vertical foot price by 12.56. 2. Invert Repair refers to minor repairs made to the bench and invert area of the manhole. 3. Injection Grouting refers to the placement of a grout curtain around the manhole exterior via drilled access points in the manhole wall. The grout to be used shall be acrylate chemical grout AC400 or Avanti AV/118. Pricing for grouting a single manhole/wet well includes a total volume limit of 55 gallons. Price for additional grout refers to an additional per gallon charge when grouting a single manhole/wet well that requires more than 55 gallons. 4. Manhole Ring & Cover Replacement shall include the removal of the existing manhole ring and cover and the installation of a new manhole ring and cover in accordance with the City. D. Stormwater Rehabilitation and Lining 1. Stormwater Pipe Rehabilitation — RICIPP refers to the installation of a resin impregnated, cured -in - place pipe by external heat source curing within the existing stormwater pipe. All RICIPP installed is to have a thickness identified by the line item, ranging from 6mm to 12mm. CCTV inspection must be performed before and after both mainline installations. CCTV inspection before liner installation is for contractor use only (unless requested by City through a separate line item) and does not need to be provided to the City. Digital video files of the CCTV inspection after liner installation must be provided to the City at no additional cost. 2. Pre -lining CCTV Inspection Digital File refers to providing the digital video file of pre -lining CCTV inspection if the City requests the digital video file for pre -installation conditions. This line item will only be provided if a copy of the pre -installation CCTV inspection is requested and should be based on the linear foot of pipe inspected. The cost of performing the CCTV inspections itself should be incorporated in the line items for CIPP and RICIPP installation. Digital video files of the CCTV inspection after liner installation must be provided to the City at no additional cost. 3. Injection of Chemical Grout refers to the placement of a grout curtain around the stormwater lines, boxes, and structures exterior via drilled access points in the stormwater pipe wall. The grout to be used shall be acrylate chemical grout AC400 or Avanti AV/118. Pricing for grouting stormwater pipe should be indicated per linear foot of cavity or void to be grouted. 4. Purchase and Install of Storm Sewer Internal Joint Seals refers to the installation of various sizes of internal joint seals/locking sleeves during the purposes of stormwater pipe rehabilitation. E. Emergency Services 1. The items in this category are to be used only for emergency jobs. All other services performed on an emergency basis will be the same unit price as on a non -emergency basis. The purpose of the Emergency Mobilization line item is to cover all additional costs of performing jobs on an emergency basis. Emergency Mobilization is not to be charged if the crew performing the emergercy work is already working within the City's utility service area for another City project. 2. Top Hatting and Point Grouting shall be priced as though they are only to be performed on an emergency basis, however, the City may occasionally require these services on a non -emergency basis. PF-405 18 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurement(cDcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES 3. TV Inspection refers to the televised inspection by CCTV of the pipe interior using remote controlled video equipment. Payment is by the linear foot of travel within the pipe. TV inspection does not include any cleaning except for the use of water jet for camera transport. This item is only to be used in an emergency situation if requested by the City. Digital video files shall be included in the TV inspection price and must be submitted to the City prior to requesting payment. 4. Cured -in -Place Repair Sleeve refers to the installation of a segment of resin -impregnated fiberglass or polyester felt tube by external heat source curing or ultraviolet curing into an existing sanitary sewer main. All CIP repair sleeves are to have a normal thickness of 13.5 mm. Sectional liner material must be approved by the City prior to installation. Sectional liner must be installed as specified by the manufacturer. CCTV inspection must be performed after installation of the lining and digital video files shall be provided to the City at no additional cost. CCTV inspection must be performed before liner installation to be used for contractor reference only and need not be provided to the City. F. Additional Requirements 1. The proposer shall employ adequate staff to perform the services required. Staff must include a Project Manager and Field Supervisor. Staff shall be proficient and experienced in all phases of services mentioned. 2. The proposer shall be a licensed Contractor. 3. The proposer shall submit shop drawings of all materials to be used. Materials must be approved by the City prior to the start of work. 4. The proposer shall be certified in confined space entry (OSHA) and traffic control. 5. The proposer shall provide services that include safety measures for both the public and the workers. 6. The proposer shall coordinate all scheduling with the City. 7. The proposer shall provide an introductory and organizational seminar regarding its services after award to selected City representatives. 8. The proposer shall work with the City in establishing priorities and in preparing work assignments. The City will provide approximate linear footages for all pipe to be repaired in the work assignment. These lengths will need to be field verified via CCTV before payment. 9. The proposer shall include pre -pipe cleaning and CCTV costs in the line items for B Cured -in -Place Pipe Lining (CIPP) and for D. Stormwater Rehabilitation and Lining. There are no additional line items related to the provision of post -lining CCTV digital video files. Digital video files of the CCTV inspection after liner installation must be provided to the City at no additional cost. 10. The City does not require the proposer's video technicians perfo, ming CCTV inspections to be certified with PACP (Pipeline Assessment Certification Program). However, the proposer's CCTV software must be compliant with PACP. 11. The proposer shall obtain and pay for permits when necessary for work performed outside of City limits. PF-405 19 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurement(&casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES 12. The proposer shall be completely responsible for the control of the environment of the work site during on -site operations. All precautions shall be taken by the selected proposer to protect workers, public, and City staff from exposure to harmful or hazardous substances within the sewer system. 13. The proposer shall be responsible for the proper disposal of all waste materials, sand, sludge, and debris. The selected proposer shall be responsible for all waste material spills and clean-up in the loading, hauling, and unloading of the proposer's equipment. 14. The proposer shall be responsible for the proper disposal of solids from their vacuum truck. The City does not possess a location for the disposal of solids. 15. The proposer shall be responsible for conforming to any and all requirements regarding hauling and disposal of sewer wastes from each City work site in accordance with OSHA regulations and those that may be mandated by the Federal, State, and local Governments. 16. The proposer shall ensure that all waste material transporters possess all required local, state, and federal transportation permits and that they comply with all local, state, and federal regulations, including but without limitation, 40 CFR Part 236, "Standards Applicable to Transporters of Hazardous Waste" and Chapter 17-730, Part 3, Florida Administrative Code, as may be amended from time to time. 17. The proposer shall mobilize and be onsite within a maximum of thirty (30) calendar days after issuance of each work assignment by the City, unless otherwise agreed to by the City or in the case of an emergency. In the case of emergency, the proposer shall respond within 24 hours of telephone notification to be followed by issuance of a written Task Authorization. 18. Work under this agreement shall be issued on a Task Authorization basis. Upon issuance of a purchase order, to the proposer, work should be scheduled and started within thirty (30) days. However, should the work have to be performed on an emergency basis, work shall be scheduled and started within seven (7) days. 19. The proposer shall inform the City of its planned work schedules and shall afford the City reasonable opportunity to observe and inspect the proposer's work in progress. The City will be advised of all schedule changes. In addition, the proposer shall notify the City when a work site is vacated for a 24- hour period and work is not complete. 20. The proposer's written cost estimate shall contain the projected completion time in days. If work is not completed within the specified completion date, the proposer may pay a penalty of $250 per day. 21. Proposer shall provide the City with forty-eight (48) hours' notice prior to the start of work. 22. Proposer shall provide a 5-year warranty for all rehabilitation work performed. Proposer shall, at their cost, provide a professiona; cleaning company to clean a residents' home should proposer blow a toilet. PF-405 20 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 r)rocurement(dcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES Exhibit "B" Price Proposal Form Inliner Solutions, LLC Price Proposal Form consisting of Five (5) pages is attached as a separate document. PF-405 21 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurement(&casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES Exhibit "C" Contractor E-Verify Affidavit I hereby certify that INLINER SOLUTIONS. LLC does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with, section 448.095, Florida Statutes. All employees hired on or after January 1, 2021 have had their work authorization status verified through the E- Verify system. A true and correct copy of INLINER SOLUTIONS, LLC proof of registration in the E-Verify system is attached to this Affidavit. Print e: Thf, mr'r-' Gcme Date: � ki kn a� `lrg N STATE OF �ftrg'W COUNTY OF -- I The foregoing instrument was acknowledged before me by means of 2 physical presence or 0 online notarization, this 4I41a},2llA by � of jnli�ludin rlS I i , a _Jqdj(Lno� I L_C corporation, on behalf of the corporation. He/she i personally known to me or has produced L, ,Q as identification. [Notary Seal] SARA GROGAN NOTARY PUBLIC .19 "W" COW* of GOOF91A My C�mm�Evvm Fobwry 5. 2M 6.c1t.-QA"-- Notary Pgjbl�c oOX61 Cpea Name typed, printed or stamped My Commission Expires: r .1 'Iug PF-405 22 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 DrocurementOcasselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES Exhibit "D" Contractor Certification Regarding Scrutinized Companies "Company" means Contractor throughout this exhibit. Section 287.135, Florida Statutes, prohibits companies from bidding, submitting proposals, entering into or renewing contracts with a local government for goods or services over one million dollars if that company is on the Scrutinized Companies with Activities in Sudan List, on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or that is engaged in business operations in Cuba or Syria. Both lists are created pursuant to Section 215.473, Florida Statutes. In addition, regardless of contract value, the companies may not be listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or be engaged in a boycott of Israel, if bidding, submitting proposals, entering into or renewing contacts with a local government for goods and services. As the person authorized to sign on behalf of the company, I hereby certify that the company identified below is not listed on the Scrutinized Companies with Activities in Sudan List, is not listed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria. In addition, the company is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and is not participating in a boycott of Israel. I further understand that pursuant to the Florida Statutes, any contract with the City for goods or services of any amount may be terminated at the option of the City if the company (i) is found to have submitted a false certification, (ii) has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the contract is one million dollars ($1,000,000) or more, the contract may be terminated at the option of the City if the company is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. This Certification is deemed amended by any amendments to F.S. 287.135 binding on the City. By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the company, certify that the information as provided in this Contractor Certification Regarding Scrutinized Companies, is truthful and correct at the time of submission. Proposer/Contractor Name: _��1T�P_Y` SG' Of% Mailing Address: _��+�,� 7e►�e* one . CanCorA . FL '2a74--+I Telephone Number: ub7-U-a,-COW\ Fax Number: L\Cn DDQ i E-mail Add ress..OZnircielswakwgr�pl1risurp Glom Thpmias 0a ti n Aut6ori Signatory Printed lame Chio a1s � �' I kSS�!-. Sf .e . u � Lk)laoly Title Date FEIN: o t - PF-405 23 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Procu rem entO)cassel berrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES Exhibit "E" Affidavit of Compliance with Foreign Entity Laws The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes) 5. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes) 6. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes) 7. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. 8. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes) 9. The undersigned is authorized to execute this affidavit on behalf of Entity. Date:Jlri y 20_1 Sianed: % r Entity: _`C1�� 0`l�l� �i�.0 Names r) m Title: _ �' I Ai(b f Ik STATE OF `j tJD LQ COUNTY O The foregoing instrument was acknowledged before me, by means of f] physical presence or ❑ online notariz tion, this day of _Yl I 20?4, by S i n as L A S s4ry�7e-i An i for1ih(OV i who is ersbnall known to me or wMo has produced as identification. P Y p Notary Public Signature: _pgo State of4;f=#�v� arga{-Seal) Print Name: _ v My commission expires: 0.6 0n PF-405 SARA GROGAN NOTARY PUBLIC Henry County 24 Stste of Geotgle My Comm BOW FobnjWy S, 2M 111TAIM DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 Procurement()casselberrv.orq RFP-2024-1108 GRAVITY SEWER, MANHOLE, STORMWATER, AND LIFT STATION WET WELL REHABILITATION AND LINING SERVICES Exhibit "F" Foreign Country of Concern Attestation This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity access to an individual's personal identifying information. Capitalized terms used herein have the definitions ascribed in Section 287.138, F.S. INLINER SOLUTIONS, LLC is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its principal place of business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name:-FV)brnCL% C-Iojj,�,Cj" Title: Signature: Date: 4r j � Lk �W zq PF-405 25 10/2023 DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 AN on PH V RFP-2024-1108 Gravity Sewer, Manhole, Stormwater, and Lift Station Wet Well Rehabilitation and Lining Services Price Proposal Form Note: The unit prices entered on the Sample Projects 1, 2 and 3 must match the prices offered on this Proposal Form. A. Ancillary Services Unit Mobilization $ 2,000.00 LS Traffic Control (per day) $ 250.00 per day Traffic Control (per week) $ 1,000.00 per week Root Removal for Pipe less than 14" $ 19.00 LF Root Removal for Pipe 14" and greater $ 36.00 LF Tuberculation for Pipe less than 14" $ 48.00 LF Tuberculation for Pipe 14" and greater $ 90.00 LF Smoke Testing $ 1.00 LF Easement Access $ 1,600.00 EA Cleaning Less than 12" Pipe Light Cleaning $ 3.00 LF Less than 12" Pipe Medium Cleaning $ 3.00 LF Less than 12" Pipe Heavy Cleaning $ 4.00 LF 12"-18" Light Cleaning $ 4.00 LF 21 "-30" Light Cleaning $ 5.00 LF 36"-48" Light Cleaning $ 7.00 LF 12"-18" Medium Cleaning $ 4.00 LF 21 "-30" Medium Cleaning $ 6.00 LF 36"-48" Medium Cleaning $ 9.00 LF 12"-18" Heavy Cleaning $ 5.00 LF 21 "-30" Heavy Cleaning $ 9.00 LF 36"-48" Heavy Cleaning $ 16.00 LF Bypass Piping 6" Sewer Flow $ 1.00 LF 8" Sewer Flow $ 1.00 LF 10" Sewer Flow $ 1.00 LF 12" Sewer Flow $ 2.00 LF 15" Sewer Flow $ 5.00 LF 18" Sewer Flow $ 7.00 LF 20" Sewer Flow $ 3.00 LF Tanker Truck (Capacity 2000 gallons)""" $ 366.00 per load DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 RFP-2024-1108 Gravity Sewer, Manhole, Stormwater, and Lift Station Wet Well Rehabilitation and Lining Services Price Proposal Form Pump Set-up 4" Pump $ 1,604.00 EA 6" Pump $ 3,347.00 EA 8" Pump $ 4,776.00 EA Dewatering Dewater 12" thru 18" $ 1.00 LF Dewater 21" thru 30" $ 2.00 LF Dewater 36" thru 48" $ 4.00 LF Pump Operation 4" Pump $ 60.00 per hr 6" Pump $ 70.00 per hr 8" Pump $ 120.00 per hr B. Cured -in -Place Pipe Lining (CIPP) 6" Sewer Main $ 45.00 LF 8" Sewer Main $ 36.00 LF 10" Sewer Main $ 41.00 LF 12" Sewer Main $ 45.00 LF 15" Sewer Main $ 54.00 LF 18" Sewer Main $ 64.00 LF Lateral Reconnection 250 EA Lateral Lining Lateral Lining, up to 15' $ 4,800.00 EA Lateral Lining, 15' to 30' $ 5,700.00 EA Lateral Lining, >30' $ 125.00 LF Additional for Stack Service $ 3,900.00 EA Service with Pressure Grouting $ 505.00 EA Clean -Out Installation $ 3,500.00 EA C. Sanitary Manhole and Lift Station Wet Well Rehabilitation Epoxy Liner Application (per vertical foot) $ 394.00 VF Invert Repair $ 632.00 per MH Vacuum Jet Cleaning (manhole) $ 144.00 per MH Vacuum Jet Cleaning (wet well) $ 1,503.00 per WW Removal of Existing Liner $ 220.00 VF Manhole Inflow Dish $ 125.00 EA Manhole Chimney Seal or Coating $ 300.00 per MH Manhole Ring & Cover Repair/Replace $ 1,400.00 per MH DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 RFP-2024-1108 Gravity Sewer, Manhole, Stormwater, and Lift Station Wet Well Rehabilitation and Lining Services Price Proposal Form Injection Grouting Manhole Depth 0'-5, up to 55 gallons $ 500.00 per MH Manhole Depth 5'1 "-10', up to 55 gallons $ 1,200.00 per MH Manhole Depth 10'1 "-15', up to 55 gallons $ 1,800.00 per MH Manhole Depth over 15', up to 55 gallons $ 2,300.00 per MH Wet Well, up to 55 gallons $ 2,700.00 per WW Additional Grout $ 100.00 per gal D. Stormwater Rehabilitation and Lining 12" x 6mm Stormwater Pipe Lining $ 53.00 LF 12" x 7.5mm Stormwater Pipe Lining $ 67.00 LF 12" x 9mm Stormwater Pipe Lining $ 71.00 LF 15" x 6mm Stormwater Pipe Lining $ 60.00 LF 15" x 7.5mm Stormwater Pipe Lining $ 75.00 LF 15" x 9mm Stormwater Pipe Lining $ 81.00 LF 18" x 6mm Stormwater Pipe Lining $ 81.00 LF 18" x 7.5mm Stormwater Pipe Lining $ 88.00 LF 18" x 9mm Stormwater Pipe Lining $ 94.00 LF 21" x 7.5mm Stormwater Pipe Lining $ 85.00 LF 21" x 9mm Stormwater Pipe Lining $ 108.00 LF 21" x 10.5mm Stormwater Pipe Lining $ 115.00 LF 24" x 7.5mm Stormwater Pipe Lining $ 93.00 LF 24" x 9mm Stormwater Pipe Lining $ 118.00 LF 24" x 10.5mm Stormwater Pipe Lining $ 128.00 LF 30" x 9mm Stormwater Pipe Lining $ 124.00 LF 30" x 10.5mm Stormwater Pipe Lining $ 133.00 LF 30" x 12mm Stormwater Pipe Lining $ 142.00 LF 36" x 12mm Stormwater Pipe Lining $ 167.00 LF 36" x 13.5mm Stormwater Pipe Lining $ 180.00 LF 36" x 15mm Stormwater Pipe Lining $ 197.00 LF 42" x 10.5mm Stormwater Pipe Lining $ 187.00 LF 42" x 13.5mm Stormwater Pipe Lining $ 214.00 LF 42" x 18mm Stormwater Pipe Lining $ 263.00 LF 48" x 12mm Stormwater Pipe Lining $ 228.00 LF 48" x 16.5mm Stormwater Pipe Lining $ 282.00 LF 48" x 21 mm Stormwater Pipe Lining $ 335.00 LF Pre -lining CCTV Inspection Digital File $ 1.00 LF Injection of Chemical Gruut Injection of Chemical Grout into Cavities or Voids along deficient storm lines, boxes, and structures $ 17.00 LF Purchase and Install of Storm Sewer Internal Joint Seals DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 RFP-2024-1108 Gravity Sewer, Manhole, Stormwater, and Lift Station Wet Well Rehabilitation and Lining Services 12" Internal Joint Seal 15" Internal Joint Seal 18" Internal Joint Seal 21" Internal Joint Seal 24" Internal Joint Seal 30" Internal Joint Seal 36" Internal Joint Seal 42" Internal Joint Seal 48" Internal Joint Seal E. Emergency Services Mobilization (Emergency) Top Hatting Point Grouting CCTV Inspection Cured -in -Place (CIP) Repair Sleeve 6" Sewer Main, 2'-5' 6" Sewer Main, 6'-9' 6" Sewer Main, 10'-12' 6" Sewer Main, 13'-15' 6" Sewer Main, 16-20' 8" Sewer Main, 2'-5' 8" Sewer Main, 6'-9' 8" Sewer Main, 10'-12' 8" Sewer Main, 13'-15' 8" Sewer Main, 16-20' 10" Sewer Main, 2'-5' 10" Sewer Main, 6'-9' 10" Sewer Main, 10'-12' 10" Sewer Main, 13'-15' 10" Sewer Main, 16'-20' 12" Sewer Main, 2'-5' 12" Sewer Main, 6'-9' 12" Sewer Main, 10'-12' 12" Sewer Main, 13'-15' 12" Sewer Main, 16-20' IF)" Sewer Main, 2'-5' 15- Sewer Main, 6'-9' Price Proposal Form $ 110.00 EA $ 146.00 EA $ 183.00 EA $ 220.00 EA $ 586.00 EA $ 732.00 EA 879.00 EA -$ $ 1,171.00 EA $ 1,757.00 EA $ 5,400.00 LS $ 4,100.00 EA $ 220.00 per gal $ 1.00 LF $ 2,900.00 EA $ 3,200.00 EA $ 3,700.00 EA $ 4,500.00 EA $ 5,100.00 EA $ 3,400.00 EA $ 3,700.00 EA $ 4,300.00 EA $ 5,100.00 EA $ 6,300.00 EA $ 3,800.00 EA $ 4,100.00 EA $ 4,700.00 EA $ 5,500.00 EA $ 8,000.00 EA $ 4,100.00 EA $ 4,600.00 EA $ 5,100.00 EA $ 5,900.00 EA $ 6,700.00 EA $ 5,000.00 EA $ 5,600.00 EA DocuSign Envelope ID: 498E3C85-9D15-4CEA-ACD4-3D6F10AAB361 RFP-2024-1108 Gravity Sewer, Manhole, Stormwater, and Lift Station Wet Well Rehabilitation and Lining Services 15" Sewer Main, 10'-12' 15" Sewer Main, 13'-15' 15" Sewer Main, 16'-20' 18" Sewer Main, 2'-5' 18" Sewer Main, 6'-9' 18" Sewer Main, 10'-12' 18" Sewer Main, 13'-15' 18" Sewer Main, 16'-20' Price Proposal Form $ 6,200.00 EA $ 6,800.00 EA $ 7,500.00 EA $ 5,800.00 EA $ 6,300.00 EA $ 6,900.00 EA $ 7,600.00 EA $ 8,300.00 EA 'Please fill in capacity for tanker truck. *All line items must be completed.