Contract 2020-008A#2020-08-A
AGREEMENT FOR
SANITARY SEWER, MANHOLE, AND LIFT STATION WET WELL
REHABILITATION
THIS AGREEMENT, is made and entered into this Z� day of Fejr!Aa, 2020,
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 GRANITE INLINER, LLC whose address is:
2531 Jewett Lane, Sanford, FL 32771, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Casselberry through the public procurement process awarded an
Agreement for, the City of Casselberry, Agreement Number RFP-2019-0467
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, Number RFP-2019-0467
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall furnish sanitary sewer, manhole, and lift station wet well
rehabilitation as described in the City of Casselberry Agreement Number RFP-2019-0467,
which is attached hereto and incorporated herein as Exhibit "A" and shall do everything
required by this Agreement and the other Agreement Documents contained in the
specifications, which are a part of these Documents. Provided, however, that nothing
herein shall require CITY to purchase or acquire any items or services from
CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the
terms and conditions of this Agreement shall prevail and govern. In all instances the CITY
purchasing policy, resolutions and ordinances shall apply.
ARTICLE II — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III — TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until June 9, 2022, unless terminated or renewed as provided
by the City of Casselberry.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if. a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual Agreement of the parties, this Agreement may be renewed for two
(2) additional year term.
ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable
purchase order or notice to proceed.
ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30) calendar days of receipt of the invoice.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
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CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $, 500,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Products -Completed Operations, $2,000,000
(d) Personal & Adv. Injury, $1,000,000
(e) Professional Liability, $500,000 Each Occurrence, Combined Single
Limit
(f) Medical Expenses, $5,000, Any one Person
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
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subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Granite Inliner, LLC.
2531 Jewett Lane
Sanford, FL 32771
Attn: Michael Cannon, District Manager
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
rd
ARTICLE IX — MISCELLANEOUS
Attorneys'. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. 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.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assi lent. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Aolicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
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(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in the City of Casselberry., Agreement Number RFP-
2019-0467
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of . 2020.
City of
t. , City Mayor
Howe, City Clerk
Granite Inliner, LL
V
By.
(Name Printed or Typed)
Title
A
Secretary
S-"T�u n-M i f,-- "T` gL-nn
(Name Printed or Typed)
7
EXHIBIT A
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext.1142 1 Procuremen0 asselbemr org
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
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 GRANITE INLINER, 2531 Jewett Lane, Sanford, Florida 32771, hereinafter
referred to as the "CONTRACTOR".
WITNESSETH:
WHEREAS, the CITY has competitively solicited for Sanitary Sewer, Manhole and Lift Station Wet Well
Rehabilitation, pursuant to RFP-2019-0467 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 goods; 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, 2019 and continue through June 9, 2022 and may be
renewed for two (2) additional one (1) year periods when in the best -interest of the City. 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. 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.
PUR-F-405 1 9/2018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-77Q0, Ext. 111421 procurementJicg"bem.oral
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
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.
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.
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.
SECS COMPENSATION
A. The COONTRACTOR agrees that services will be rendered on an as needed basis. The amount to
be paid under this Agreement for satisfactory completion of services will not exceed One Million and
001100 Dollars ($1,000,000.00) 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 Cky'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. Services to be performed in accordance with this Agreement are subject to the annual 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 fail 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.
PUR-F- 05 2 9/2018
City of Casselberry I Procurement Division
96 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 pMSUrement01casseiberrv.ora
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
SECTION 6 WARRANTY
A. Contractor guarantees that the Work performed under this Agreement will be free from faulty
materials or workmanship and will comply with all applicable laws, including but not limited to the
Americans with Disabilities Act. Upon receiving notification from City, Contractor agrees to remedy,
repair, or replace, immediately, without cost to City and to City's satisfaction, all defects, damages,
or imperfections appearing in the Work (including labor and materials) within a period of one (1) year
after the date of final completion and acceptance by the City. In addition, Contractor shall provide a
(5) five year bonded warranty (renewable annually) for all manhole or lift station wet well
rehabilitation. Payments to Contractor shall not relieve Contractor of these obligations.
B. Contractor will continuously clean the jobsite and grounds around the jobsite, and keep it in a safe,
orderly, and neat condition. At the completion of the Work, the entire jobsite will be left in a broom -
clean condition. Contractor shall assign all material and parts warranties to the City, and shall deliver
to the City evidence of any such warranties as well as all product information and specifications.
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. Contractor warrants
that it is licensed by the Contractors State Licensing Board, and currently in good standing.
SECTION 8 STANDARD OF CARE
A. The CONTRACTOR has represented to the CITY that it possesses a level of knowledge, experience,
and expertise that is commensurate with firms in the areas of practice required for the services to be
provided. By executing this Agreement, the CONTRACTOR agrees that the CONTRACTOR will
exercise that degree of care, knowledge, skill, and ability as any other similarly situated contractor
possessing the degree of skill, knowledge, experience, and expertise within the local area, working
on similar activities. The CONTRACTOR shall perform the services requested in an efficient manner,
consistent with the CITY's stated Scope of Services and industry standards.
B. The CONTRACTOR covenants and agrees that it and its employees, agents, sub -contractors,
representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated
above.
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.
PUR-P-405 3 912018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext.11421 procurementai3lcasse ft=.ora
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
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 CONTRACTOKs 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. 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.
SECTION 13 INSURANCE (CHECK AMOUNTS and ADJUST AS NECESSARY)
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
$2,000,000.00
a) Automobile Bodily Injury and
$ 500,000.00
b) Automobile Property Damage
$ 500,000.00
Umbrella / Excess Liability
a) Each Occurrence
$1,000,000.00
b) Aggregate
$2,000,000.00
Commercial General Liability
a) Each Occurrence
$1,000,000.00
b) Medical Expense (Any one Person)
$ 5,000.00
c) Personal & Advertisement 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,
PUR-F-405 4 912018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 procurement selb M,orst
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
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; and,
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:
City of Casselberry
c/o Administrative Services Director
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:
PUR-F405 5 9/2018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 procureme selberrxrgg
RFP 2019-M7 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
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.
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,
DGARDNERDCASSELBERRY.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.
PUR-F-405 6 =018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 1142 1 orocuremeU1JJgM eIhM.org
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
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.
SECTION 19 INDEPENDENT C
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
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
Neither party shall be considered in default in performance of its obligations hereunder to the extent that
performance of such obligations, or any of them, is delayed or prevented by force majeure. Force majeure shall
include, but not be limited to, hostilities, terrorism, revolution, civil insurrection, strike, epidemic, fire, flood,
windstorm, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government,
or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party
seeking relief under this Section.
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City of Casselberry I Procurement Division
96 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 pracurement9kasselberry-org
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SECTION 23 TIME IS OF THE ESSENCE
Time is of the essence in this Agreement as to all dates and time periods. 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
of this Agreement.
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 arlse 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 agentstsubcontractors 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 attomeys' fees and court costs) incurred as a
result of (1) 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.
PUR-F-405 8 912018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 arocUMment41casselbemr-4ro
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
SECTION 26 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 pale by the CITY arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00). This paragraph will survive termination of this Agreement.
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; except that any final judgment may be enforced in other
jurisdictions in any manner provided by law;
B. The parties unequivocally waive any right to a jury trial, and agree that all legal actions shall be tried,
both as to factual and legal issues, only to the Court; and
C. 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 CITY AS A MUNICIPAL. CORPORATION
Nothing contained herein shall be interpreted to require the CITY as a municipal corporation to (1) to take any
action or refrain from taking any action that would be adverse to is status as a municipal corporation, or (ii) to
take or refrain from taking any action not specifically required by this Agreement.
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 some terms, conditions, price, and for the some 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
PUR-F-405 9 912018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 awurementOWasselberrv.o!g
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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.
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 shall not affect or alter the remaining provisions of this
Agreement.
SECTION 36 NOTICES
Whenever any notice, demand, or request is required or permitted, 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
addresses below.
The CITY Project
Representative
The Contractor Project
Representative
Attention
Procurement Administrator
Tommy Robertson
Entity Name
City of Casselberry
Granite Inliner
Street Address
95 Triplet Lake Drive
2531 Jewett Lane
City, State, Zip Code
Casselberry, Florida 32707
Sanford, Florida 32771
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. However, at no time will any Party be
required to send more than an original and two copies of any notice, demand, or request required or permitted.
Written requirements of the Agreement shall be strictly construed and such requirements are a condition
precedent to pursuing any rights or remedies hereunder. No Party may claim any waiver by another Party of
such notice requirements based upon such other Party having actual knowledge, implied, oral or constructive
notice, lack of prejudice or any other ground as a substitute for failure of a Party to comply with the express
written notice requirements herein. Electronic a -mails do not constitute effective notice under this Agreement.
SECTION 37
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,
PUR-F-405 10 9/2018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 1142 1 Drocuremeni&cassslh .oro
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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.
The CITY Project
Representative
The Contractor Project
Representative
First and last name
Tara Lamoureux, P.E.
Tommy Robertson
Title
Assistant Public Works Director/Utility Manager
Area Manager
Entity Name
City of Casselberry
Granite Inliner
Street Address
95 Triplet Lake Drive
2531 Jewett Lane
City, State, Zip Code
Casselberry, Florida 32707
Sanford, Florida 32771
Telephone
(407) 262-7726, Ext. 1228
(407) 472-0014
Email address
tiamoureuxacasselberrv.om
bmmv.robertsonMd02.com
SECTION 38 CONFLICT OF INTEREST
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
fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this Paragraph, the CITY shall have the right to terminate
this Agreement immediately, without liability and without regard to the notice requirements of Section 35 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.
In accordance with State of Florida, Office of the Governor, Executive Order 11-116, in the event performance
of this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply with the
Employment Eligibility Verification Program ("E-Verify Program") developed by the federal government to verify
the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated
herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the
CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the employment eligibility of all
new hires working in the United States; (3) use E-Verify to verify the employment eligibility of all employees
assigned to the Agreement; and (4) include these requirement in certain subcontracts, such as construction.
Information on registration for and use of the E-Verify Program can be obtained via the intemet at the Department
PUR-F-405 11 9=18
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 1142
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of Homeland Security Web site: http:1/www.dhs.goy/E-�/
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 " ADMINIS
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 ARMS -LENGTH NEGOTIATIONS
This Agreement is the result of bona fide arms -length negotiations between the CITY and the CONTRACTOR
and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly,
this Agreement shall not be construed or interpreted more strictly against any one party than against any other
party.
SECTION 46 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, for the Project. The
Agreement may be amended only by written instruments signed by both the CITY and the CONTRACTOR, and
is subject to such reasonable modifications as may be required by the CITY's insurer(s), if any. 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 executed instrument shall take precedence.
PUR-F-405 12 mole
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 grocurement0casselberrv.ora
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SECTION 47 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.
hues:/twM.flsenate.goy/Session/BiIV201§ OQ78Q [July 1, 2018]
SECTION 48 SCRUTINIZED COMPANIES AGREEMENT TERMINATION CLAUSE
This Agreement may be tenninated 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, Florida Statutes, or
B. In the event that the CONTRACTOR is put on the scrutinized companies list enumerated in Section
215.4725, Florida Statutes, or
C. If the CITY determines that the CONTRACTOR falsely certified to the CITY that the CONTRACTOR
is not listed as a scrutinized company.
D. Exemptions and additional penalties shall be as set forth in Section 287.135, Florida Statutes.
Certification is set forth in Exhibit "C" which is attached hereto and made a binding part hereof.
SIGNATURE PAGE TO FOLLOW
PUR-F-405 13 912018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 procurement0casse1berMy.orn
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
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IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Agreement effective theJELA day of ;Ttj n1 , AD 2019.
Attest:
CITY SELBERR
By:
Donna G. Gardner, CMC
City Clerk
As authorized for execution at the City
Commission meeting of:
STATE OF _
COUNTY OF
CITY OF CASSELBERRY, FLORIDA
I?
By: IV.0" 0
rle
Mayor/ne M ssioner
GRANITE INLINER
By: 0'/�
Print: Ashley M. Stinson
Title: _ secretary
See Attached Acknowledgment
The foregoing instrument was executed before me this day of , AD 2019, by
as of the CONTRACTOR, who personally
swore or affirmed that he/she is authorized to execute this Agreement and thereby bind the Corporation, and
who is personally known to me OR has produced as identification.
NOTARY PUBLIC, State of
PUR-F-405 14 9/2018
A notary public or other officer completing this
certiftcatcverifies only the identity ofthe individual ACKNOWLEDGMENT
who signed the document to which this certificate is
attached, and not the tntththhtess, accuracy, or validity
of that document.
State of California
County of Cants rnt7, i
On May 23, 2019 before me,
Maria Gomez, Notary Public
(insert name and title of the officer)
personally appeared Ashley M .Stinson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
¢+, MARIA GOMEZ
Notary Public - California
WITNESS my hand and official seal. x @w Santa Cruz County 9-
Commission # 2259567
�y ^ My Comm. Expires Sep 24, 2022
.A/ J ♦ f 1
Signature
Maria Gomez, Notary
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 Droc1!remen49kcassellom.ora
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
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Exhibit "A"
Scope of Services
Backaround
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 54,000 people both inside City limits as well
as in parts of Maitland, Winter Springs, Longwood, unincorporated Seminole County, and unincorporated
Orange County.
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 day pipe.
The City has been rehabilitating its sanitary sewer system 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.
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 diameter or less of sand and/or debris from a
section of pipe. Medium Cleaning refers to the removal of % to % diameter of sand and/or debris from a
section of pipe. Heavy Cleaning refers to the removal of greater than % diameter of sand and/or debris
from a section of pipe. The removal of roots and/or tubercuiation are each separate line items.
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.
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City of Casselberry ] Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 Drocurement9kasselbemr.oro
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7. 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. 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.
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 ceanout. 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.
C. Sanitary Manhole and Lift Station Wet Well Rehabilitation
1. 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,
Sauerelsen 210 Series, Tnemec Series 4341435, Green Monster, 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 wet wells larger than 480 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
Avant! 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.
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City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext.11421 procuremenhStcasselberrv_ _ra
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D. 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 emergency work is
already working within the City's utility service area for another City project.
2. Top Hafting 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.
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.
E. 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
S. 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.
PUR-F-405 17 9/2018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 prod„ ursme eaaaelbemr.oro
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
9. The proposer shall obtain and pay for permits when necessary for work performed outside of City limits.
10. 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 the exposure to harmful or hazardous substances within the sewer system.
11. 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.
12. 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.
13. 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.
14. The proposer shall mobilize and be onsite within a maximum of thirty (30) calendar days alter 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.
15. 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.
16. 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.
17. 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.
18. Proposer shall provide the City with forty eight (48) hours' notice prior to the start of work.
19. Proposer shall provide 5-year bonded warranty for all manhole or lift station wet well rehabilitation.
20. Proposer shall, at their cost, provide a professional cleaning company to dean a residents' home
should proposer blow a toilet.
PUR-F-405 18 9/2018
City of Casselberry ( Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 p,Lg6uMM2aVjrM"bemr.ont
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
- LIFT STATION WET WELL REHABILITATION
Exhibit "B"
Pricing Schedule
City of Casselberry I Finance Department I Procurement Division
96 Triplet Lake Drive, Casselberry, Florida 32M
Phone: 407-202 T/W, Ext.11421 Fax: 407-262 77461 pmcur*msnf@caselberry,org
Attachment 101"
Price Proposal Form
The Price Proposal Form Ispreadshoet), Consisting of four (4) Pages, Is hereby incorporated into the
solidlation and made avellable as an Individual document to be downloaded from Vendorlink. LLC,
Proposer should complete and fill In all line items within worksheets In the workbook
The loyal contract amount shell cover the Work required by the contract documents. Ali Cons in connection wish
the successful Completion of the Work, Including h m%hhg 91 mabrlala, equlpnaent, supplies, and
appurtenances; providlny all construction, equipment, and tools; and pefknnkrg act necessary labor and
supervision to fully complete the Work, shall be Included in the unit end lump sum prices bid. AN Work not
specifically set forth as a pay item in the Sid Form shalt be considered a subsidiary obligation of the Contractor
and all costs in connection therewith shall be included in the prices bid.
ilwe, the undersigned, as authorised t iprowy to commit the firm, do hereby accept in total all the terms and
conditions stipulated and rebrenced in this RFP document and do hereby agree that d a contract is oflersd or
negotiated It will abide by lira terms and conditions presented In she RFP document or as nW N-' I ri pursuant
thereto. The undersigned, having familiarked hwWherseliwkhh the terms of the RFP downanK local COr# r„
and the cost of the work at the place(:) where the wok is to be done, heroby proposes and apnees,Mr itivi�+.,��
Within N1e tlnna gipulated, all work required in accordance with the Socpe of Services and—
Including Addsnde, N any, on file at the Cky or Caesdbeny Proaxamwo Division kr the or
herein in the Prim Proposal Form. The signatures) below are an acknowledgment or mylour �'A n =
and acceptance of all the terms and conditions set forth in this RFP document or as otherwise 'edd 1
the parties in writing. MsV
Proposer/Contractor Name: Gvm.i,w.;«c
Malting Address: 251tJ"-L■gi,8°.MaI° FLW711 +�rpool
Telephone Number. • Fax Number., 474 -m E-mall Address:
Wh.G■.■. FEIN: ataerknz
Printed Name
t31Ira Males CQW.i
Toe Dow
STATE OF r►altnti
COUNTYOF Ummal
The torogoing Instrument wee executed before me this ae day of a* 2019. by
Irma r■rn, M OOMM-MW O{u nr■ V w. LLC
%bo personally swore or AR ned I M he/she is auarorraed to axecule this document and thereby bind the corporetlom NW
who is personally known to me OR Im piped OHIVAksm, t „-%
$lydnNa 0" k -
PLEAeE COMP• M Ano sueMf to m noun app nou4x eE WTARYPtI W
•F�s 70 ■udrliFtld■ lam ■rlr 5■ emw.d. rer dYgwhae■11m el y■Rr wM11MM+ STAiE OP �L�A
Cpnri0G27a1tit
Expiss 11120f20Q2
PUR-F-405 22 9/2018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 1142 1 proculrernent�s!elhMoro
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
Exhibit "C"
Contractor Certification Regarding Scrutinized Companies
Section 287.135, Florida Statutes, prohibits companies from bidding, submitting proposals, entering into or renewing contracts with a
local government for goods or services that are on the Scrutinized Companies with Activities in Sudan List, on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Syria. Both lists are created pursuant to
section 215.473, Florida Statutes.
In addition, regardless of contract value, the companies shall 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 or is engaged in business operations in Syria. In addition, the company is not listed on the Scrutinized Companies that Boycott Israel
List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.
I further understand that pursuant to the Florida Statutes, the submission of a false certification, being placed on any of the Lists as
indicated herein; conducting business operations with Syria, or boycotting Israel may subject the company to termination of the
agreement, civil penalties, attorneys fees, and/or costs.
By the signature(s) below, Uwe, 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.
Bidder/Contractor Name: Granite Inliner, LLC
Mailing Address:
2531 Jewett Lane, Sanford, FL 32771
Telephone Number: 407-472-0014 Fax Number: 407-472-0097 E-mail Address: mike.cannon@gcinc.com
Michael Cannon FEIN: 01-0684682
Printed Name
District(Manager 05/23/19
Title Date
PUR-F405 23 9=18
EXHIBIT B
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 ymuremenKdkcasaelberrv.ora
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
Exhibit "B"
Pricing Schedule
Note. The unit pricas entered on the Sample Protect 1 and 2 must match the prices offered on this
Proposal Form.
Services
Traffic Control (per day)
Traffic Control (per week)
Light Cleaning
Medium Cleaning
Heavy Cleaning
Root Removal
Tubenvlatiion
Smoke Testing
Easement Access
Bypass Pumping
Bypass Pivin
Unit
LS
$
100.00
per day
$
400.00 per week
$
2.00
LF
$
4.00
LF
$
6 00
LF
$
3.00 LF
$
55.00
LF
$
015
LF
$
750.00
EA
6" Sewer Flow
$
0.25 LF
8" Sewer Flow
S
0.75 LF
10' Sewer Flour
$
1.00 LF
12" Sewer Flow
$
2.00 LF
15' Sewer Flow
$
3.00 LF
18' Sewer Flow
$ 4.00 LF
20' Sewer Flow
$
3.00 LF
Tamker Track (Capacity 2400 gagm)—
S
350.00 per toad
EA
EA
EA
4" Pump S 39.00 per hr
e" Pump $ 82.00 per hr
8" Pump $ 84.00 per hr
PUR-F-405 19 912018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 1142 1 grocuremen Iberrv.or+o
RFP 2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
Exhibit "B"
Pricing Schedule
B" Sewer Main
10" Sewer Main
12" Sewer Main
15" Sewer Main
1a" Sewer Main
Lateral Reconnection
Lateral Lini
$ 50.00 LF
$ 30.00 LF
$ 33.00 LF
S 40.00 LF
$ 50.00 LF
S 60.00 LF
S 250.00 EA
Lateral Lining, up to 15'
$
3,600.00 EA
Lateral Lining, 15' to 30'
$
3.900.00 EA
Lateral Lining, >30'
$
64.00 LF
Additional for Stack Service
$
2,000.00 EA
Service with Pressure Grouting
$
150.00 EA
Clean -Out Installation
$
950.00 EA
C. Sanitary Manhole and Lift Station Wet Well Rahabliftatlon
Epoxy Liner Application (per vertical foot)
S
3%.00 VF
Invert Repair ,
SHOD
per MH
Vacuum Jet Cleaning (manhole)
$
50.00 per MH
Vacuum Jet Cleaning (wet well)
$
1,2W.00 per WW
Removal of Existing Liner
S
00 VF
Manhole Inflow Dish
$
75.00 EA
Manhole Chimney Seal or Coating
$
150.00 per MH
Manhole Ring & Cover RepairlReplaoe
$
1.665.00 per MH
Injection Grouting
Manhole Depth 0'-S', up to 55 gallons
Manhole Depth V1 "-I V. up to 55 gallons
Manhole Depth 1011%IV, up to 55 gallons
Manhole Depth over 19, up to 55 gallons
Wet Well, up to 55 gallons
Additional Grout
0. Emergency Services
Top Halting
Point Grouting
CCTV Inspection
$
500.00
per MH
$
900.00
per MH
$
1.200.00
per MH
$
1,500.00
per MH
$
1.750.00
per VWV
$ 91.00 per gal
LS
E4
per gal
LF
PUR-F-405 20 W018
City of Casselberry I Procurement Division
95 Triplet Lake Drive, Casselberry, Florida 32707
Phone: 407-262-7700, Ext. 11421 RMSurementri WAweqMMt,-o�g
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND
LIFT STATION WET WELL REHABILITATION
Exhibit "B"
Pricing Schedule
RFP-2019-0467 - SANITARY SEWER, MANHOLE, AND UFT STATION
WET WELL REHABILITATION SERVICES
PRICE PROPOSAL FORM
6" Sewer Main. 2'-5'
$ 2� 7=0 EA
6" Sewer Main. 6'-9'
$ 2� W.00 EA
6' Sewer Main.10-12'
$ 3.0 OOOD EA
6' Sewer Main. 13=15'
; 3' EA
6" Sewer Main.16'--20'
$ 34340.00 EA
8" Sewer Main. 2'-5'
S 2, 807�.00 EA
8' Sewer Main, 6'-9'
= 3.0 00.00 EA
8" Sewer Main, 10'-12'
S 3 230, .Op EA
8' Sewer Main.13'-15'
$ 3.4�50.00 EA
8" Sewer Main,16'-20'
3 3, 0g 0.00 EA
10" Sewer Main, 2'-5'
¢ 3,000.00 EA
10" Sewer Main, fi'-9'
S 3.230.00 EA
10" Sewer Main, 10'-12'
$ 3.460.00 EA
10" Sewer Main. 1 T.15'
S 3,670A0 EA
10" Sewer Main, 16'-20'
S 300.00 EA
12` Sewer Main, 2'-5'
S 3.3411.00 EA
12' Sewer Main. 6'-W
S 3,670.00 EA
12" Sewer Male. 10'-12'
$ 4.000.00 EA
12" Sewer Main, 13-15'
$ 4,340.00 EA
12' Sewer Main, 16'-20'
S 4,670.00 EA
15" Sewer Main. 2'-5
S 4,450.00 EA
15' Sewer Main, V-9'
S 0005�.00 EA
15" Sewer Main, 17-12'
$ 5— 5� 60.00 EA
15' Sewer Main. 13'-15'
S 6,120.00 EA
157 Sewer Main. 16'-20'
S 6,670.00 p EA
18' Sewer Main. 2'-5"
$ 5,560.00 EA
18' Sewer Main, 64
S 6.450.00 EA
18" Sewer Main, 19-12'
S 7,340.00 EA
IS' Sewer Main.13'-15'
$ 8,230.00 EA
18' Sewer Main.16'-20'
S 9, 01 00 EA
'Please till In cape ft for tanker tack.
PUR-F-405 21 9/2018