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Contract 2019-94A2019-94A AGREEMENT FOR WATER & WASTEWATER MISCELLANEOUS CONSTRUCTION/ MAINTENANCE SERVICES THIS AGREEMENT, is made and entered into this J day of 2019, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and RCM UTILITIES, LLC. whose address is: 100 West Mills Avenue, Eustis, FL 32726, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Zephyrhills through the public procurement process awarded an Agreement for water & wastewater miscellaneous construction/maintenance services, the City of Zephyrhills Agreement Number RFP 35-19-01 WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the City of Zephyrhills Agreement Number RFP 35-19-01 WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish water and wastewater miscellaneous construction/maintenance services as described in the City of Zephyrhills Agreement Number RFP 35-19-01, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `13% attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until August 12, 2022, unless terminated or renewed as provided by the City of Zephyrhills. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if. a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional year term. ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order or notice to proceed. ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $, 1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Products -Completed Operations, $2,000,000 (d) Personal & Adv. Injury, $1,000,000 (e) Professional Liability, $1,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, 3 including but not limited to attorneys fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the parry set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: RCM Utilities, LLC. 100 West Mills Ave Eustis, FL 32726 Attn: Christopher R. Creech, Owner/Manager CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 12 ARTICLE IX — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severabilit . If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assi Zi1gi nent. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8. Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. 61 (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in the City of Zephyrhills Agreement Number RFP 35- 19-01 R IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this_day ofC e.1Q , 2019. City of ont 4 Gail Ash, City Mayor Howe, City Clerk •�A�Rr. vrrrr•" RCM Utilities, LLC. A4kA4- Corpo'Me Secretary A m (ter �5 5S (Name Printed or Typed) e r- P . 'Cxc�eo-�) 7 EXHIBIT A CITY OF ZEPHYRHILLS Water & Wastewater Miscellaneous Construction/Maintenance Services THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 121 day of August, 2019 by and between the CITY OF ZEPHYRRMLS, a Florida municipal corporation, having its principal office at 5335 8 h Street, Zephyrhills, FL 33542 ("City") and RCM Utilities, a corporation organized and authorized to do business in the State of Florida, having its principal office at 100 West Mills Avenue, Eustis, FL 32726 "Contractor"). The City and Contractor shall collectively be referred to as the "Parties", and each may individually be referred to as a "Party". ARTICLE 1— RECITALS 1.1 The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. ARTICLE 2 — CONTRACT DOCUMENTS 2.1 The following documents, collectively referred to as the "Contract Documents", are incorporated into and made part of this Agreement: 2.1.1 RFP 35-19-01, Water & Wastewater Construction/Maintenance Services "Exhibit A"• 2.1.2 Contractor's response to Item 2.1.1, attached hereto as "Exhibit B'; ARTICLE 3 — TERM OF AGREEMENT Ov. I Subject to authorized adjustments, the Term of this Agreement shall have an initial term of three (3) years with an option to renew for an additional three (3) year term.. 3.2 When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform Services or any portion thereof, the City may request that the Contractor, within a reasonable time frame set forth in the City's request, provide adequate assurances to the City in writing, of Contractor's ability to perform in accordance with terms of this Agreement. In the event that the Contractor fails to provide the City the requested assurances within the prescribed time frame, the City may treat such failure as a repudiation or breach of the Agreement, and resort to any remedy for breach provided for in this Agreement or at law. ARTICLE 4 — COMPENSATION 4.1 Compensation for services shall be as per outlined in Contractors response their response, attached as Exhibit B. The City would prefer payment made via City's credit card. -1- ARTICLE 5 — SCOPE OF SERVICES 5.1 Contractor shall provide all labor, supervision, materials, equipment, tools, services, monitoring and expertise necessary for the completion of Services, in accordance with the specifications, terms and conditions contained in the Contract Documents. Contractor shall perform the Services in accordance with that degree of care and skill ordinarily exercised by reputable members of its profession. 5.2 This contract has been enhanced to include other City services as required, i.e., storm water or other related public works projects as awarded by the City Council. 5.3 Contractor represents and warrants to the City that: (i) Contractor possesses all qualifications, licenses and expertise required for the provision of Services, with personnel fully licensed by the State of Florida; (ii) Contractor is not delinquent in the payment of any sums due the City, including payment of permit fees, local business taxes, or in the performance of any obligations to the City; (iii) All personnel assigned to perform work shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner and at such times and locations as described by the City for the budgeted amount; and (v) The person executing this Agreement on behalf of the Contractor is duly authorized to execute same and fully bind Contractor as a party to this Agreement. 5.4 Contractor agrees and understands that: (i) any and all subcontractors used by Contractor shall be paid by Contractor and not paid directly by the City; and (ii) any and all liabilities regarding payment to, or use of subcontractors for any of the work related to this Agreement, shall be borne solely by Contractor. 5.5 Contractor warrants that any and all work, materials, services or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result, will be supplied by the Contractor at its own cost, whether or not specifically called for. 5.6 The Services shall be completed by the Contractor to the satisfaction of the City. The City shall make decisions on all claims regarding interpretation of the Agreement and on all other matters relating to the execution, progress and quality of the Services. ARTICIAL 6 — CITY'S TERMINATION RIGHTS 6.1 The City shall have the right to terminate this Agreement, in its sole discretion at any time, with or without cause, upon fifteen (15) days written notice to Contractor. In such event, the City shall pay Contractor compensation for Services rendered prior to the effective date of termination. The City shall not be liable to Contractor for any additional compensation, or for any consequential or incidental damages. -2- ARTICLE 7 — INDEPENDENT CONTRACTOR 7.1 Contractor has been procured and is being engaged by the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Contractor shall not attain, not be entitled to, any rights or benefits under the Ordinances of the City, nor any rights generally afforded classified or unclassified employees of the City. Contractor further understands that Florida workers' compensation benefits available to employees of the City, are not available to Contractor. Therefore, Contractor agrees to provide workers' compensation insurance for any employee or agent of Contractor rendering services to the City under this Agreement. ARTICLE 8 — CONFLICTS OF INTEREST 8.1 The Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8.2 Contractor covenants that no person under its employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Agreement has any personal financial interest, directly or indirectly with Contractor. Contractor further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. ARTICLE 9 — DEFAULT 9.1 If Contractor fails to comply with any term or condition of this Agreement, or fails to perform any of its obligation hereunder, then Contractor shall be in default. The City shall have the right to terminate this Agreement, in the event Contractor fails to cure a default within ten (10) business days after receiving Notice of Default. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligations accruing prior to the effective date of termination. ARTICLE 10 —NOTICES 10.1 All notices, demands, correspondence and communication between the City and Contractor shall be deemed sufficiently given under the terms of this Agreement when delivered by personal service, faxed, or dispatched by mail or certified mail, addressed as follows: To CONTRACTOR: RCM Utilities 100 West Mills Avenue Eustis, FL 32726 -3- To CITY: And, City of Zephyrhills ATTN: City Manager 5335 8" Street Zephyrhills, Florida 33542 City of Zephyrhills ATTN: City Attorney 5335 8 h Street Zephyrhills, Florida 33542 10.2 Either Party may at any time designate a different address and/or contact person by giving notice as provided above to the other Party. Such notices shall be deemed given upon receipt by the addressee. 10.3 In the event there is a change of address and the moving Party fails to provide notice to the other Party, then notice sent as provided in this Article shall constitute adequate notice. ARTICLE 11— PUBLIC RECORDS 11.1 IF THE CONSULTANT/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813-780-0000, EXT. 3543 OR CITYCLERK@CI. ZEPHYRHILLS.FL.US OR CITY CLERK, CITY OF ZEPHYRHILLS, 5335 EIGHTH STREET, ZEPHYRHILLS, FLORIDA 33542. ARTICLE 12 — INDEMNIFICATION 12.1 ContractorNendor shall defend, indemnify and hold harmless the City of Zephyrhills and all of the City of Zephyrhills's officers, agents, and employees from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing), of ContractorNendor, its officers, agents or employees in performance or non-performance of its obligations under the Agreement. Contractor/vendor recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City of Zephyrhills when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the City of Zephyrhills in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. This clause shall survive the termination of this Agreement. Compliance with any insurance requirements required elsewhere within this Agreement shall not relieve ContractorNendor of its liability and obligation to -4- defend, hold harmless and indemnify the City of Zephyrhills as set forth in this article of the Agreement. Nothing herein shall be construed to extend the City of Zephyrhills's liability beyond that provided in section 768.28, Florida Statutes. ARTICLE 13 — INSURANCE Insurance. ContractorNendor shall, at its sole cost and expense, procure and maintain throughout the term of this contract, Comprehensive General Liability and Worker's Compensation insurance, including Employer Liability insurance, with minimum policy limits of $ 1,000,000(this could be $2,000,000 depending on the amount of the contract) Combined Single Limits, or to the extent and in such amounts as required and authorized by Florida law, and will provide endorsed certificates of insurance generated and executed by a licensed insurance broker, brokerage or similar licensed insurance professional evidencing such coverage, and naming the City of Zephyrhills as a named, additional insured, as well as furnishing the City of Zephyrhills with a certified copy, or copies, of said insurance policies. Certificates of insurance and certified copies of these insurance policies must accompany this signed contract. Said insurance coverages procured by ContractorNendor as required herein shall be considered, and ContractorNendor agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self—insurance, available to the City of Zephyrhills, and that any other insurance, or self-insurance available to the City of Zephyrhills shall be considered secondary to, or in excess of, the insurance coverage(s) procured by ContractorNendor as required herein. Nothing herein shall be construed to extend the City of Zephyrhills's liability beyond that provided in section 768.28, Florida Statutes. Builders' Risk — If this Contract includes: (1) construction of a new above -ground structure or structures, or (2) any addition(s), improvement(s), alteration(s), or repair(s), to an existing above -ground structure or structures, or (3) the installation of machinery or equipment into an existing structure or structures, the Contractor shall provide, in a policy acceptable to the City, "all risk" (i.e. Special Form) property insurance on any such construction, additions, machinery or equipment. The amount of the insurance shall be no less than the estimated replacement value at the time of the City's final acceptance of such new structures, addition(s), improvement(s), alteration(s), repair(s), machinery or equipment. The coverage shall not be subject to any restriction with respect to occupancy or use by the City and, subject to thirty (30) days' prior written notice to the City shall remain in full effect until final acceptance by the City. In addition, the City, the Professional, and the Contractor's subcontractors of any tier, shall be additional insureds on this policy. The insurance shall include a deductible no greater than one percent (1%) of the Contract amount, or $25,000, whichever is smaller, for which the Contractor shall be responsible. The risk of loss whether insured or not shall remain with the Contractor until final acceptance. Upon request, Contractor shall furnish to the City complete copies of the insurance policy. -5- ARTICLE 14 — FORCE MAJEURE 14.1 A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either Party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Even, the tme for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such Party is actually delayed by such Force Majeure Event. The Party seeking delay in performance shall give notice to the other Party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any Party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other Party to overcome any delay that has resulted. ARTICLE 15 — MISCELLANEOUS PROVISIONS 15.1 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 15.2 All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Contract Documents, shall survive final payment, completion and acceptance of the Services and termination or completion of the Agreement. 15.3 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to confirm with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 15.4 Services shall not be subcontracted, transferred, conveyed, or assigned under this Agreement in whole or in part to any other person, firm or corporation without the prior written consent of the City. 15.5 The City is exempt from Federal Excise and State taxes. The applicable tax exemption number or certificate shall be made available upon request. 15.6 This Agreement constitutes the sole and entire agreement between the Parties. No modification or amendments hereto shall be binding on either Party unless in writing and signed by both Parties. -6- 15.7 This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the Parties shall be in Pasco County, Florida. 15.8 The City reserves the right to audit the records of the Contractor covered by this Agreement at any time during the provision of Services and for a period of three (3) years after final payment is made under this Agreement. 15.9 The Contractor agrees that it shall not discriminate as to race, sex, color, creed, national origin, or disability, in connection with its performance under this Agreement. 15.10 The professional services to be provided by Contractor pursuant to this Agreement shall be non-exclusive, and nothing herein shall preclude the City from engaging other firms to perform Services. 15.11 This Agreement shall be biding upon the Parties herein, their heirs, executors, legal representatives, successors and assigns. 15.12 The Contractor agrees to comply with and observe all applicable federal, state, and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 15.13 All other terms and conditions set forth in the Contract Documents which have not been modified by this Agreement, shall remain in full force and effect. 15.14 In the event of any dispute arising under or related to this Agreement, the prevailing Party shall be entitled to recover all actual attorney fees, costs and expenses incurred by it in connection with that dispute and/or the enforcement of this Agreement, including all such actual attorney fees, costs and expenses at all judicial levels, including appeal, until such dispute is resolved with finality. 15.15 This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties have executed this agreement on the day written above. Signed, Sealed and Delivered In the presence of C OF ZEPHY LS r � _ Witn s eth M. Burgess, Jr.) C it President Witness c L. Hillman, City Clerk -7- Signed, Sealed and Delivered In the presence of. A � itn ss JQhn C. mg Witn Melissa Moss -8- RCM UTILITIES By: d.4, /-? de( Name: Christopher R. Creech R���rh Title: Manager SECTION 2 2.0 RFP SCOPE OF SERVICES 2.1 Introduction. The City of Zephyrhllis is seeking the services: a) Underground utility contractors b) General contractors c) Utility electricians d) Specialty contractors Contractors are to be licensed in the State of Florida to provide complete contracting services and emergency repair services of a wide variety of water and wastewater utility projects. 2.2 Services shall include but are not limited to: a) Construction supervislon/administration b) New construction of water/sewer mains, lift stations, manholes, wells and appurtenances. c) Renovations and retrofits for water and sewer mains lift stations, manholes, wells, water and wastewater treatment plant components and appurtenances, infiltration and inflow removal projects and cleaning and televising sanitary sewer lines. d) Demolition associated with renovations/retrofits e) Scheduling work and subcontractors In harmony with the City of Zephyrhilis, Florida Operations Q Estimating cost of future projects g) Repairs (emergency and non -emergency) of water/sewer mains, lift stations, manholes, valves, master meters, backflow devices, fire hydrants, wells, water and wastewater treatment plant components, and SCADA programming/Instrumentation and control work. 2.3 The contractors selected for these services will work with Utilities Owner's Representative In order to successfully develop a strategy for the best approach to successfully complete each project. 2A The City wNl be selecting two (2) firms for these services. The two top rank firm who have a successful negotiation will be awarded the contract. 2.5 Warranty. The selected Contractors) will provide the City with a minimum: a) One (1) year warranty for all service work performed b) Ten (10) year warranty on all manhole and lift station coating This warranty will not go into effect until the project has been substantially completed. All work performed will meet or exceed applicable City Technical Standards and/or local County Technical Standards. 2.6 Term of Contract. The contract term is anticipated for the period of thirty six (36) months. This contract can be renewed for an additional one (1) thirty six (36) month period. Should any project that is active extend past the contract termination date, that contract shall be extended until completion of such project. 2.7 Payment and Performance Bonds. Payment and Performance Bond and All Insurance Shall be Secured from or Countersigned by an Agency or Surety Company Recognized In Good Standing and Authorized to do Business In the State of Florida _If at any time the Owner for justifiable cause shall be or become dissatisfied with any Surety, then upon the Performance of Payment Bonds, the Contractor/Vendor shall within five (S) days after notice from the Owner, substitute an acceptable bond (or Bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor/Vendor. No RFP 35-1941 WATER & WASTEWATER 12 Misc Construction/Maintenance Services further payments shall be deemed due and shall not be made until new Surety or Sureties shall have furnished such an acceptable bond to the Owner. 2.8 ADDITIONAL INFORMATION/REQUIREMENTS. 2.8.1 The City shall provide a summary of work ("Work") to one (1) or more of the Contractors selected based upon the specific type of work and estimated dollar value of the project. All such contract activities would be the subject of a signed Contract Work Order with a negotiated fee and format supplemental to a primary contract agreement. No travel time or travel expenses will be considered billable without special prior arrangements. Normal administrative and/or accounting overhead will be considered as covered by the agreed upon hourly rates for direct professional personnel and will not be considered as separately billable. a) Contractor(s) will respond with a proposal within ten (10) business days. Should the contractor(s) require additional time prior to submission and additional ten (10) business days can be requested. Proposal submittal will not be more than twenty (20) business days after the initial request. b) The key personnel named in the proposal shall remain responsible for the work throughout the period of the contract. No diversion or replacement may be made without approval by the City. 2.8.2 The City shall not be held liable for any expenses incurred In connection with the preparation of a response to this RFP or for any costs associated with any activities Involved In presentations and discussions or In preparations and execution of a contract resulting from this solicitation. 2.8.3 The City places significant value on high quality work and performance, timely access and response, scheduling and cost concerns, risk management/loss prevention, early Issue Identification, flow of information and communications, congenial working relations, adherence to ethical standards, proactive stand-up accountability and the demonstration of the same. 2.8.4 The purpose and intent of this solicitation is to establish contract arrangements. Any such contract(s) resulting from this solicitation process are Intended to cover projects and work currently contemplated but there is no guarantee on the part of the City that such project work will go forward. SECTION 3 PROPOSAL PACKAGE CRITERIA - Six (6) copies of the firm's response must be submitted. Five (5) copies should be bound and one (1) copy should be unbound but secured with a rubber band, spring c Ip, etc. Maximum page count should not exceed 32. Each copy must contain the following: 3.0 Introductory letter, optional, may be provided by the submitting firm. Can be served as a transmittal document. One (1) page maximum. This letter shall not include any information to be considered for evaluation by the Selection Committee. 3.1 Cover sheet and Tab Sheets of your response (Not port of the page count) 3.2 The TABLE OF CONTENTS FOR Water & Wastewater MIsc Construction/Maintenance Services RESPONSE is to be completed by the submitting firm and Included In the bound copies of the firm's response. (Not part of the pope count) RFP 35-19-01 WATER & WASTEWATER Mlsc Construction/Maintenance Services 13 Exhibit B SUBMITTED BY: ylcm 100 WEST MILLS AVENUE EUSTIS, FL 32726 352-561-2990 RFP 35-19-01 WATER & WASTEWATER MISC. CONSTRUCTION 1 MAINTENANCE SERVICES MORE rcm BLiTI■! Table of Contents Tab1— Credentials & Previous Performance............................................................................................... RCM's Credentials & Previous Performance ....................................................................................1 Underground Utility & Excavation Contractor License.........................................................................2 BackflowPrevention Tester Certification..............................................................................................3 Introduction to Lift Station Electrical Troubleshooting.........................................................................4 Tab2 — Staff Credentials and Resumes......................................................................................................... RCM's Staff Credentials.........................................................................................................................5 ChristopherCreech's Resume...............................................................................................................6 WestonHart wright's Resume..............................................................................................................7 JohnC Riggs' Resume............................................................................................................................8 BradleyGreen's Resume.......................................................................................................................9 MelissaMoss' Resume........................................................................................................................10 BradleyMiller's Resume (Subcontractor)...........................................................................................11 MaxxEnvironmental Staff Experience................................................................................................12 Tab3 — References......................................................................................................................................... RCM's References................................................................................................................................13 Max Environmental Refences (Subcontractor)...................................................................................14 KemeosReference..............................................................................................................................15 Tab4 — Office Location.................................................................................................................................. RCM's office Location.........................................................................................................................16 Tab5 — Responsiveness and Availability of Equipment............................................................................... RCM's Equipment List..........................................................................................................................17 MaxxEnvironmental Response Approach..........................................................................................18 Tab6 — hourly Rates & Equipment Rates...................................................................................................... RCM's Labor / Equipment Rate Form..................................................................................................19 Tab7 — Acceptance of Conditions.................................................................................................................. RCM's Acceptance of Conditions.........................................................................................................20 Tab8— Required Forms.................................................................................................................................. FirmData Sheet..............................................................................................................................21 Firm Data Sheet - Subcontractor....................................................................................................22 M VTRLgTIt>i DrugFree Workplace ......................................................................................................................23 PublicEntity Crimes............................................................................................................... 24 & 25 Addenda Receipt Acknowledgement.............................................................................................26 Non -Collusive Affidavit...................................................................................................................27 E-Verify...........................................................................................................................................28 RFPAcceptance ..............................................................................................................................29 Tab9- Financial Capacity............................................................................................................................... RCM's Financial Capacity ......................................................................................................... 30-37 Max Environmental Financial Strength..........................................................................................39 as PCM ILITIES TAB 1 - CREDENTIALS & PREVIOUS PERFORMANCE RCM Utilities, LLC has been serving the greater central Florida area in all aspects of the water and wastewater industry for 1 % years. We have earned the credibility and trust of our customers through top quality, on time performance, coupled with excellent customer service and management skills. RCM Utilities has provided services and has experience in the following types of water and wastewater work: Lift station rehabilitation, installation, inspection & repair Water treatment plant rehabilitation, new construction & repair Wastewater treatment plat rehabilitation, new construction & repair Examples of successfully and reliably completed construction services for water and wastewater utility projects include: Hawthorne — Remove & replace High Service Pump at WTP — September 2018 Hawthorne — Installation of water main line valves — October 2018 City of Tavares — Lift Station 99 Rehab — April 2019 City of Tavares — Lift Station #47 — July 2019 City of Groveland — Lift Station #16 — June 2019 The Villages CPM — SEWWCA IPS #2 - June 2019 The Valley MHP — Replace Hydro Pneumatic Tank at WTP — July 2019 Saddle Oak Club MHP — Replace Generator and auto transfer switch to WTP — July 2019 RCM is staffed, equipped, and experienced to perform new construction of water / sewer mains, lift stations, manhole, well and appurtenances as well as renovations and retrofits and repairs emergency and non -emergency. Licenses and Certifications held by RCM Utilities: Underground Utility Contractor. CUC1225240 Backflow Prevention Tester — T12-18-8167 Backflow Prevention Assembly Repair & Maintenance Introduction to Lift Station Electrical Troubleshooting Department of Transportation Maintenance of Traffic (Intermediate) Confined Space Entry Infiltrator Systems Training w u W N W u A d� Z O 0 W W in D in W LL W Wes.'` Q w �CL W 0 z w H S 0 .0 4n ul c u m c L Q� 0 N C c L w c LA in dJ c �Lu W 9 .V U v co O w w O W u a a4 bb w 4° 41 44 rW V Yll as PCM ILITIES TAB 2 — STAFF CREDENTIALS AND RESUMES Christopher Creech: Owner, Estimator, General Manager Total Years' Experience: 10 years John C. Riggs: Operations Manager, Safety Officer Total Years' Experience: 11 years Weston Hartwright: Field Supervisor, Crew Foreman Total Years' Experience: 12 years Bradley Green: Crew Foreman Total Years' Experience: 3 years Melissa Moss: Executive Assistant Total Years' Experience: 8 years Bradley Miller: Supervisor Subcontractor Total Years' Experience: 15 years CHRISTOPHER CREECH EMPLOYMENT EXPERIENCE: April 2018 — Present RCM Utilities, LLC Position: Owner, Estimator, General Manager Mar 2015 — April 2018 Utility Technicians, Inc. Position: Project Manager, Estimator, Vice President, General Manager Duties: Estimator, supervisor, and technician for all phases of service, Expansion, modification, and repair of water and wastewater plants, lift stations, re -pump stations July 2011 — Mar 2015 Utility Technicians, Inc. Position: Foreman, Construction & Service Technician Duties: Installation and service of lift stations, construction of water plants, water line construction, sewpercoat applicator for manholes Feb, 2008-July 2011 Utility Technicians, Inc. Position: Laborer Duties: Assisted foreman with installation of lift stations, water line repairs and service work May 2007-Feb 2008 Karrs Truck and Car Sales Position: Mechanic and sales Duties: Maintained vehicles and sold vehicles. SKILLS: • Wastewater Sewer Plants & Lift Stations —complete rehab & construction; motors, blowers & pump replacement & repairs; replace and repair piping & fittings; control panel repair & replacement • Water & Hydrotank-wank cleaning, rehab (including sandblasting) & painting; inspections (with FL registered professional engineer); installation of fire water tanks • Sanitary sewer line pressure testing and jetter cleaning • Manhole and Wet Well rehab, including surface coating (Sewpercoat) and high pressure grouting • Operate digital inline zoom video for sewer lines • Certified backflow tester and repair/maintenance technician CERTIFICATIONS: Certified Underground Utility and Excavation Contractor License # CUC1225240 Class A CDL Drivers License Dept of Transportation Maintenance of Traffic (Intermediate) Confined Space Entry Backflow Prevention Device Technician Backflow Prevention Assembly Repair and Maintenance infiltrator Systems Training DOT Drug/Alcohol Awareness Training EDUCATION: � Umatilla High School, graduated 2007 Signature WESTON HARTWRIGHT EMPLOYMENT EXPERIENCE: June 2019 — Present RCM Utilities, LLC Position: Field Supervisor Duties: Installation and service of lift stations, construction of water plants, water line construction, sewpercoat applicator for manholes, supervise craw Nov 2011 —May 2019 Utility Technicians, Inc. Position: Field Foreman, Construction & Service Duties: Installation and service of lift stations, construction of water plants, water line construction, sewpercoat applicator for manholes, supervise crew Jun 2009 — Nov 2011 City of Clermont Position: Utilities Department Technician Duties: Lift station and new construction technician Sep 2005 — May 2009 Utility Technicians, Inc. Position: Construction & Service Technician Duties: Service and repair of water & sewer plants and lift stations Jan 1994 —Aug 2005 Donahue's Automotive Company Position: Vehicle Mechanic SKILLS: • Wastewater Sewer Plants & Lift Stations —complete rehab & construction; motors, blowers & pump replacement & repairs; replace and repair piping & fittings; control panel repair & replacement • Water & Hydro tank —tank cleaning, rehab (including sandblasting) & painting; inspections (with FL registered professional engineer); installation of fire water tanks • Sanitary sewer line pressure testing and jetter cleaning • Manhole and Wet Well rehab, including surface coating (SewperCoat) and high- pressure grouting CERTIFICATIONS: Class B CDL Driver's License Dept of Transportation Maintenance of Traffic (MOT -intermediate) Confined Space Entry Training Gas Monitor System Training EDUCATION: Umatilla High School, Umatilla, FL graduated 1994 JOHN C. RIGGS WORK EXPERIENCE: RCM Utdildes July 2019 to Present Operations Manager and Safety Officer - handles all service calls; scheduled and coordinated service work; prioritized jobs, dealt with schedule interruptions; handled customer service calls, solved customer problems and followed up on customer inquiries; created and processed quotes for service work; reviewed and approved purchase orders; verified weekly time cards for assigned personnel; as warehouse manager, managed inventory control, receipt of materials, and staff to ensure material availability for jobs; researched, developed, and managed supplier relationships to ensure competitive cost and deliveries; maintained dean, orderly, and safe work environment throughout office and shop; served as Safety Officer to maintain and ensure company compliance with federal and state regulations; maintain safety supplies, training and annual truck inspection Professional Dirt Services Feb 2016 to July 2019 Project Manager -involved in the early stages of project development through to completion; coordinate work and communication on multiple jobs with job foremen; coordinate internal resources and third partiestvendors to maintain schedule and ensure materials are available when needed; establish and maintain relationships with third parties/vendors; handle schedule interruptions; maintain all permits, required tests and surveys; report job status to owner and client; coordinate with estimator, architects, engineers and surveyors Utility Technicians Apr 2006 to Feb 2016 Operations Manager and Safety Officer - handled all service calls; scheduled and coordinated service work; prioritized jobs, dealt with schedule interruptions; handled customer service calls, solved customer problems and followed up on customer inquiries; created and processed quotes for service work; reviewed and approved purchase orders; verified weekly time cards for assigned personnel; as warehouse manager, managed inventory control, receipt of materials, and staff to ensure material availability for jobs; researched, developed, and managed supplier relationships to ensure competitive cost and deliveries; maintained clean, orderly, and safe work environment throughout office and shop; served as Safety Officer to maintain and ensure company compliance with federal and state regulations; maintain safety supplies, training and annual truck inspections Codding Sand & Soil Jun 2002 to Apr 2006 Customer service - handled orders for dirt supplies; processed invoices; collected payments, scheduled deliveries Hudalla Group Jan 2002 to Jun 2002 Manufacturer's rep - managed territory of Florida, southern Georgia, and Alabama; met dealers on location to introduce products and complete sales orders Warren and Sweat Manufacturing Jun 1990 to Dec 2001 General Manager for company with $4mm+ sales -outside sales; customer service; materials purchasing; researched and evaluated new material sources; inventory control; coordinated with research and development department; operations manager for 60+ employees, organized company events at trade shows, overseas travel for purchasing EDUCATION: Graduated from William R. Boone High School, Orlando, Class of 1975 Attended Valencia Community College Seminars: Inventory Control, Managing Multiple Projects, Priorities and Deadlines, OSHA Construction Safety Signature ff �-- BRADLEY GREEN EMPLOYMENT EXPERIENCE: May 2018 — Present RCM Utilities, LLC Position: Crew Foreman Duties: Installation and service of lift stations, construction of water plants, water line construction & supervise crew Nov 2016 — May 2018 Gene Green's Lawn Care Position: Manager Duties: Managed crews for lawn care services June 2014 — Nov. 2016 Utility Technicians, Inc. Position: Construction Laborer Duties: Installation and service of lift stations, construction of water plants, water line construction, sewpercoat applicator for manholes. SKILLS: • Wastewater Sewer Plants & Lift Stations —complete rehab & construction; motors, blowers & pump replacement & repairs; replace and repair piping & fittings; control panel repair & replacement • Water & Hydro tank-4ank cleaning, rehab (including sandblasting) & painting; inspections (with FL registered professional engineer); installation of fire water tanks • Sanitary sewer line pressure testing and jetter cleaning CERTIFICATIONS: Class B CDL Driver's License Dept of Transportation Maintenance of Traffic (MOT -Intermediate) Confined Space Entry Training Gas Monitor System Training EDUCATION: Umatilla High School, Umatilla, FL graduated 2014 MELISSA MOSS EMPLOYMENT EXPERIENCE: January 2019 — Present RCM Utilities, LLC Position. Executive Assistant and Corporate Officer Duties: • Manage all job communication and files, Notice to Owner and Release of Liens, request bonding and manage status reports with bonding company • Manage incoming requests for bids and quotes, identify issues to review with President, create and manage responses for bids and quotes • Manage accounts payables and receivables, process checks for signature, receive and post payments, reconcile bank and checking accounts, monthly closing, annual audit, end of year processing • Manage human resources, including timesheets, payroll, payroll taxes, benefits, employee personnel files, time off records • Process and maintain certificates of insurance, workers compensation, liability insurance and other related requirements and documents • Maintain water billing community records, respond to questions and concerns with customers, accept and post payments for water bills, create weekly deposits, make adjustments and corrections to accounts, process water meter readings, generate and mail water billing charges, process all water consumption, water loss reports, and financial reports for water billing communities • Answer, direct or handle all incoming telephone calls • Maintain corporate personnel manual and drug -free workplace manual • Maintain office equipment leases, repairs and supplies Sept 2011— Nov. 2018 Utility Technicians, Inc. Position: Administrative Assistant Duties: Manage job and bid files, accounts payables and receivables, manage employee timesheets and time off records, participate in weekly job meetings and manage job scheduling board, maintain on -call schedule for technicians April 2009 — June 2011 Allen's Well Drilling, Inc. Position: Secretary Duties: Maintain the smooth running of office through a variety of administrative and clerical duties. Schedule and coordinate service work with technicians. Jan 2006 --April 2009 Hidden Valley Ranch & Nursery, Inc. Position: Secretary Duties: Answer calls, take messages, handle correspondence, arrange appointments, managing databases, manage orders going out, filing June 1989 -Sept. 2005 Winn -Dixie Position: Pricing Manager Duties: Ensure accuracy of prices for the store EDUCATION: Signatu Clewiston High School, graduated 1989 J Bradley Miller (561) 398-2781 brad maxxenvironmental.com Feb 2016-Present Supervisor — Man Environmental, Riviera Beach (3.5 Years) Maxx Environmental, LLC Is a family owned business providing specialized underground sewer and drainage Infrastructure rehablittation and repair services on private and public projects utilizing primarily Sewpercoat:. . Tasks & duties; • Supervise employees and projects from beginning to completion • Attend pro -bids and pre and post -construction meetings with owners • Compile project schedules, work -orders, material logs and safety program • Conduct office and Job -site work and safety meetings with employees • Produce and maintain job cost, profit and loss reports • Work with engineers and owners on design -builds and on -site conflict resolution Feb 2013-Feb 2016 Account Manaaer - Fortillne Waterworks, Riviera Bch (3 Yeers) Fortiline Is an underground utility water & sewer materials distributor. My tasks were to handle several customers with plan take -offs, quotes, material shipments, invoicing, Job site conflicts, emergency situation resolution, engineer design assistance on private development and public commercial construction projects ranging from $600,000 to $10 million dollars. Aug 2002—Feb 2013 Supervisor — CEES, Inc, West Palm Beach, FI (t 1 Yews) CEES, Inc. (Chaz Equipment) was a Sewoercoat applicator providing underground sewer and drainage structure rehabilitation throughout the state of Florida. I handled all facets of operations, scheduling, business development, marketing and maintained master stand-alone data -base systems including all facets of daily operations. As supervisor for over a decade I coordinated a total of 40 million dollars of construction and rehabilitation work from inception to closeout. EDUCATION Sep 1986 — May 1989 American Academy High School, Nicostti Cyprus Aug 1989 — May 1993. Wheeling Jesuit University (BA), Wheeling, WV 3610 Fiscal Court RMeere Beach, R 33404 (561) 3982781 C (561) 801-0013 F mov ernrirortmentsl.com Maxx Environmental Staff Experience with Se"rcoat in the State of Florida For further verification of our experience please feel free to call; David Waters; (352) 483-6434 (Porter & Assoc. — Sewpericost Honda Joseph Talley; (757) 339-3327 (Sewpercoef nadons/ menuf Wrers rep) Ofad Miller. Supervisor Total Years Experience - 15+ }rears Total Manholes Coated - 12,000+ (72,000vQ Total Wet Wells Coated - 1000 + (18,000vl) Crew Leader / Gunner 8 Mixer Total Year Experience - 3+ �"M Total Manholes Coated - 600+ (3,OOOvQ Total Wet Wells Coated - 30+ (600vt) Skilled / Specialized Labor / Gun"y & Mlxc r Total Years Experience - 11+ years Total Manholes Coated - 5,000+ (30,OOM Total Wet Wells Coated - 200+ (3,000vQ Skilled / Specialized Labor / Gunner S Mixer Total Years Experience - 2+ years Total Manholes Coated - 300+ (1,800vf) Total Wet Wells Coated - 20+ (300vo INFRASTRUCTURE 0 REHABILITATION 0 SOLUTIONS 900 PUCM I1LITIEW TAB 3 - REFERENCES City of Tavares 201 E. Main Street Tavares, FL 32778 Bob Kenner 352-516-3530 Shannon Parrish 352-516-1624 Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat City of Groveland 156 S. Lake Ave Groveland, FL 34736 Chris Grove 352-308-5787 Pash Dhanra 352428-4991 Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat and full electrical replacement including control panel City of Urnstilla 1 S. Central Ave Umatilla, FL 32784 Aaron Mercer 407-949-2917 Removal & replacement of clarifier bridge expanded 25' of elevated walkway, water meters. Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat Sun Communities 27777 Franklin Road Southfield, MI 48034 Jennifer Harwick 941-374-5156 Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat, hydro pneumatic tank replacement, misc. water main & isolation valve replacements. The Village Commercial Property Management 3597 Kiessel Road The Villages, FL 32163 Jarrod Ford 352-636-4840 Complete construction of multiple High -Pressure Irrigation Pump Stations to include 2000 GPM pump skid with duplex vertical turbine pumps. 1000GPM pond fill well pump, High Pressure hypochiorite injection system, Scada arid telemetry, all housed in a 1000 sq. ft pump house 3610 Fiscal Court MWere Beach, F133404 156113138-2781 C [561) 8814XM3 F ma=rnrx =&%el.corn References - Maxx Environmental, LLC City of Fort Mvers: Al Casino - Public works Operations Supervisor 4200 MLK Jr. Blvd., Ft. Myers, FI 33816 Tel: (239) 410 2448 Email: acasina0citAmvers.com Work completed: Sewpercost manhole rehabU:tw- jsrt+ City of Naples: Kevin Swisher — Utility Maintenance Supervisor 380 Riverside Cir., Naples, FI 34102 Tel: (239) 29841460 Email: kswisher0naolesnov.com Work completed: Sewpercoatmanhole & LS rehL,hilitation Village of Wallington: Corey Robinson — Opendlons & Maintenance Supervisor 12300 Forest HUI Blvd., Wellington FI 33414 Tel: (681) 906-1083 Email: crobinson01welilm9onfl.gov Work completed: Sewpocoat mantsolershobiiiaRue.:,� Seminole T ibe of Florida: Juan Mate — Utility Operstions Suparvloor 6300 Staling Rd., Hollywood, FI 33024 Tel: (863) 228.2138 Email: civanmata@semtribe.com Work completed: Sewpsrcoat manhole & LS coatings atLi�.cnasi i tl "i ALdorg Brent Weidenhamer — O&M Supervisor 4200 Hood Rd., Peon Basch Gardens, F133410 Tel: (661) 627-2900 Email: bweidenhamerftua.com Work completed: Sewpercoat manhole & LS rehabilitation INFRASTRUCTURE 0 REHABILITATION a SOLUTIONS �J Kerre- os October 18, 2017 Maxi Environmental, LLC 3610 Fiscal Court Riviera Beach, FL 33404 SUBJECT SEWPERCOATeAPPLICATION STATUS This letter serves to verify that Maxx Environmental, LLC personnel have demonstrated the requisite skill and training to be considered competent and qualified installers of SewperCoate materials (as manufactured by Kemeos Inc.). Maxx Environmental, LLC personnel have Installation experience with the low-pressure, wet spray Installation method and have successfully instatied SewperCoat" PG in manhole, lift station, and wet well rehabilitation applications throughout their careers. With SewperCoae being a specialty construction product having very specific installation methods and equipment requirements, Kemeos Is very select In our assessment of any contractor interested in gaining our "competent and qualified installer• designation. This designation is typically required In project specifications, along with other exhaustive experience and volume of similar work requirements. Kemeos maintains a listing of competent and quality contractors that have demonstrated requisite skill and training to be considered qualified installers of our materials. Mom Environmental, LLC are included in this listing. If you have any additional questions or comments, please do not hesitate to contact me directly. Respectfully, Joseph Talley SewperCoat' Market Manager Kemeos Inc. Ken wm Inc, -1316 Fftfly Lana, Che"pw1w. VA nM Ph": (?M 26 -WO FAX: UM 26+WW AND rUcm ILITI■100 TAB 4 -OFFICE LOCATION Our office is located at 100 West Mills Avenue in Eustis, FL 32726 which is 1 % hours from City of Zephyrhills. Our technicians also live in this area and are available to respond as needed by the City. Please see map below. roaflsl R The Yl114ez smy r, g t Bead► lee=bu 100AWlltesrs�nfaiitei'is Avenue ° aWkgerPark,` eiE SpnnO Hill r o rOrlando Cei braWn !� Mefnhi�l�rd City of Zep 11111s ® KisBimm9e,, h I a�epdele6'Osp[7sx�pe. t�lfBl Approximately 1 hour 27 min (67 miles) low rcm ILITIES TAB 5 - RESPONSIVENESS / AVAILABILITY OF EQUIPMENT RCM Utilities owns all the equipment listed below and the yard where our equipment is stored is at 100 West Mills Avenue Eustis, FL 32726 Trucks: 2018 Ram 5500 with 6000 lb. crane- heavy construction truck 2015 Ford F550 with 500 lb. crane — heavy construction truck 2016 Chevrolet 2500 with 3000 lb. crane — service truck 2004 Chevrolet 2500 — shop truck Trailers: 2009 35' Hooper Gooseneck trailer 201818" Taylor Equipment trailer 16' Tandem Dump trailer Equipment: 30HP Tractor with bucket Hose Monster 5000 lb. Warehouse Forklift 3000 lb. Warehouse Forklift Ditch Witch Trencher (2) 3" Diaphragm Mud Hogg pumps 2" & 3" Trash Pumps Hose Monster Test Fire Hydrant Flow Test Equipment High Pressure leak stop grout pump (2)11000-watt welder generators (1) 8600-watt generator (1) 5000-watt generator (1) gas powered air compressor Confined Space rescue kit tripod, harness, blowers & gas monitors Backflow Preventor test gauge _ 1 - - ------3610 Fiscal Court Riviera Beach, R 33404 (581) 398-2781 C (561) BSIM13 F mawrn+irommwul-cmm Response Approach to Work Orders SCHEDULING: We can be on-alte next day for emergencles. COMPLETION: Manholes; 3-7 per day / Lift Stations; 2.5 days max EMERGENCY: We can be on -site within 2448 hours. MOBILIZATION: No additional cost — Included within our bid pricing. EQUIPMENT: Ford F450 lead box truck, Strong 35D Spray Rig, Ford F450 support truck, 5000ps( pressure washer trailer, 375cfm1150ps1 air compressor. MATERIALS: Coating material new S rehab - Sewpercoat PG, Kerneos Aggressive leak stops — Seal Guard 2 hydrophobic grout Regular leak stops — Avanti 202 hydrophilic grout Hole filling / Leak stops — Strong Plug Wall patching I repairs — Strong QSR Black Beauty sand (sandblasting) - Florida Sand & Silica Safety Gear (Tripods, Gas detectors, etc) — Ritz Safety PICTURES: We shall provide before and after pictures of all work. SUB -CONTRACTORS: None. Maxx shall perform all services INFRASTRUCTURE a REHABILITATION 0 SOLUTIONS "oe PCM TILITIES TAB 7 ACCEPTANCE OF CONDITIONS As found in section 1.14.2 Insurance, RCM Utilities has been assured by its insurance provider Bates Insurance that a pollution policy for $1,000,000 for each pollution condition can be obtained if we are awarded this contract. Please let us know, and we can forward to you proof of coverage. In addition, RCM Utilities has obtained builders' risk coverage when required on a job per job basis. If awarded this contract, and builder's risk coverage is required, we will notify our insurance provider and can forward to you proof of coverage. Except for the two insurance coverages listed above, there are no known exceptions or deviations to the terms and conditions of the City of Zephyrhills RFP 35-19-01 Water & Wastewater Misc. Construction / Maintenance Services FIRM DATA SHEET APPLICANT FIRM NAME: tilities LLC ADDRESS: 100 West Mills Ave Eustis, FL 32726 TELEPHONE NUMBER: 352-561-2990 FAX NUMBER: 352-292-0139 EMAIL ADDRESS: chrisArcmutilibes.com FEIN NUMBER: 824160762 CONTACT PERSON/TITLE: Christopher R. Creech Owner/Manager Type ownership: Limited Liability Company Submittal for Parent Company Branch or Subsidiary Parent Company, if any: Former Parent Company/Companies: Name/Title/Phone Number of two Principals in the firm: John C. Riggs Operations Manager 352-267-6264 Weston Haftright Feld Supervisor 352-456-8623 _ Melissa Moss Executive Assistant 352-267-0874 Present Offices: City/State/Number of personnel for each: _lupus. FL 8 -- RFP 354M WATER & WASTEWATER Misc ConstrucdWMaintenence Services RFP 35-19-M FIRM DATA SHEET— SUB -CONTRACTOR SUBCONTRACTOR: RFP 95-19-01 Firm Name and Address Services to be Provided 1. Betts Electrical Services, LLC 1, Electrical 9590 SE 190th Court OcIdawaha, FL 32179 2. Max Environmental, LLC 2. Sewpercoat 3610 Fiscal Court Rivera Beach, FL 33404 3. 3. 4. 4. S. 5. RFP SS-3."I WATER & WASTEWATER Min Construction/Maintenance Services 19 DRUG -FREE WORKPLACE FORM The undersigned vendor, in accordance with Florida Statute 287.087, hereby certifies that RCM Uelities, LLC does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is pmhlbited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. ' 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. in the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurdng in the workplace no later than five (6) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community. by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Christopher R. Creech 07/26/2019 Date PURO&= M la87 aFP 35-19-01 WATER & WASTEWATER 20 Mist Constructfon/MalMenance Services SWORN STATEMENT PURSUANT TO SECTION 237.133(3xa), FLORIDA STATUTES ON PUBLIC ENTITY f Eq. THiS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. . 1. This swom statement Is submitted to City of Zephyrhilis _ (print name of the public entity) by Christo2her R. Creech Manager / Owmer (print Individuers name and title) for RCM Utilities, LLC (print name of entity submitting swom statement) whose business address is lot] West Mills Ave Eustis, FL 32726 and (if applicable) Its Federal Employer Identification Number (FEIN) is 82-4160762 (If the entity has no FEIN, Include the Social Security Number of the individual signing this swom statement: 2. I understand that a'public entity crime as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any stale or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision or any other state or of the United States, Including. but not Ilmhed to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and Involving antitrust, fraud, theft, bribery, collusion, racketeering, coropiracy, or material misrepresentation. 3. I understand that'conviicted" or' on" as defined In Paragraph 287.133(i)(b), Florida Statutes. means a finding of guyt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of reoord relating to charges brought by Indictment or Information after July 1.1980, as a result of a jury verdict, nonfury ury trial, or entry of a pies of guilty or nob oontendere. 4. 1 understand that an 'aMIWW as defined In Paragraph 287.1.33(1xa), Florida Statutes means: 1. A predeoessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public enter crime. The term'afiiliate" includes those officers. directors, executives. partners. shamholdem, employs". members, and agents who are active In the management of a n affiliate. The ownershlp by one person of shares constituting a controlling interest in another person, or a pooling of equipment or Income among persons when not for fair market value under an sWe length agreement, shall be a prima fade case that one person controls another person. A person who ivnowingly enters Into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an atTNlate. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the Taws of any state or of the Untied States with the legal power to enter Into a binding contract and which bids or applies to bid on oontracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person" includes those officers, directors, RFP 35-1"1 WATER & WASTEWATER Mist Construction/Maintenance Services 22 executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) -,X_Ne*mr the entity submitting this sworn statement, nor any of Its officers, dkeclom executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any afftllate of the entity has been charged with and convicted of a public entity, crime subsequent to July 1,1 ON. The entity submitting this sworn statement, or one or more of Its offkrere, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1.1M. . The entity submitting this sworn statement, or one or more of Ibl offioers, directors, executives, partners. shareholders. employees, members, or agents who we active in the management of the erdity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Ftoride. Division of AdminMative Hearings and the Final Order entered by the Hearing Ofricer determined that it was not In the publlo Interest to place the entity submitting this swam statement on the convicted vendor fist. (attach a copy of the final order) 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this _ 26 day of .9Wy 20_U Personally known Chtistophe� R. Creech Or Produced tdeMMkea Notary Public — State of Florida CKf1MWV e � GOmmbsion I (f N7156 My Ission expires_ Ovem ram_ .2019 E*U NWWbor ti, 21119 (Type of Identification) ftN "1ftT"f• f»� (Printed. Typed or stamped commissioned name of notary public) Form PUR 7068 (Rev. 06H8192) RFP 35-19-01 WATER & WASTEWATER 23 Misc ConstructionjMatntenance Services Addenda Receipt Acknowledgment Addendum # L- _ Date 07/01/2019 Addendum #--. Date Addendum # Date Addendum # Date firm Representaifve: S nature ate MWMdeVQxVwMA Christopher R. Creech Manager Initials r•'G Initials Initials,_. Initials W 35-1"1 WATER A WASTEWATR 24 Misc Construction/Maintenance Services NON -COLLUSIVE AFFIDAVIT �grr�ake Cowty Christopher R. Creech bft eat d* ter,,, deposes and no E t,;x; is Manager of RCM Utilities. LLC fhe perly making the bm-Ong aubnft of quagIcOm or bid *at amh submEW t or officer of the Rrm, etr,) Or bid is genuine and not collusive or sham; that said Firm has not colluded, conspired, connived or agreed, directly or Indirectly, with any Firm or person, to put In a sham response or to refrain from responding, and has not in any manner, directly or Indirectly, sought by agreement or collusion, or communication or conference, with any person, to secure any advantage against the City of Zephyrhilis of any person interested in the proposed contract; and that all statements in said response are true. RCM Utilities, LLC _ _ _ (Company Name) State of F' id �y ot`Ai_a e _ The foregoing instrument was acknowledged before me this 26 day of July 2019 by Christopher R. Creech Manager (,w" r„ d tfdr 0ftrfir) of RCM Utilities LLC (ftme of ca►porador), a Florida , _ _lsmceorpAweofe rorpwn6n) corporation, on behalf of the corporation. Jae/she is personally known to me or has produced (rdrerrrykoaon rype) as identification. '0 AA A (slpnotwe Imfw nooty pub o Melissa MOSS (,+forme of ortory type w**d orstomped) -AMBR / Executive Assistant (Meorronk @"WTM MEUSSAIYM Catch ton 6 FF W456 My commission expires: November B. 2019 EX0=Naerdw8,20t6 .rMrr�w,wu,„gb Serial number, if any RFP 35-1"1 WATER & WASTEWATER u Misc Constructton/Malntenence Services E-VERIFY RFP No: 35-19-01 Project Description: Water & Wastewater Misc Construction /Maintenance Services Vendor/Consultant acknowledges and agrees to the following: Vendor/Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the tams governing use of the system, to confirm the employment eligibility of-, 1. all persons employed by the Vendor/Consultant during the teen of the Contract to perform employment duties within Florida; and 2. all pcrams, including subcontractors, assigned by the Vendor/Consultant to perform work pursuant to the contrad with the City of 7.ephyrhills. Company/Firrn: Authorized Signature: ki10 Date: RCM Utilities, LLC ;&eu CTMstoprrerCreech Manacer / Owner RFP 35-19-01 WATER & WASTEWATER Misc Consa uctlon/Maintenance Services 26.2019 26 RFP ACCEPTANCE I acknowledge and understand the requirements set forth in RFP 36-19.01 Water & Wastewater Misc ConstructionlMatntenance Sw4ces. 07/26=19 Date Christopher R. Creech Printed Name RCM MitleS, LLC Company Name In witness whereof, the above submitted has hereunto set his signature and affixed his seat this 26_ day of _ July A.D. 2018 A ELISSA MOSS t ornrdssion t FF f Ta 90=Nxwrbw8, 2A19 �a (seal) RFP 35-19-01 WATER & WASTEWATER Misc Construction/Maintenance Services 27 EXHIBIT B Labor/Equipment Rates Form RFP 35-19-01 Water & Wastewater Mlse Constrttctlon/Malntenance Services RATES LABOR and EQUIPMENT RATES I woobows unuas 1 AnM erMM - ' �.'' W 1:.:lLLL11' E Alimel FNNRIPl V I !! !! Baddlow Technidan ,! i! .i i! vase prwAft when after hourswould a ime outs de Mon - Fri l7arn - 5 prn EQUIPMENT RATES SET UP FEE HOURLY DMLY WEEKLY MONTHLY OWNEDor RERM O R Mini Excavator with o erator $800.00 2 400.00 $9,600.00 Bad Hoe with Owwor $1 250.00 1$6250.00 $25 000.00 R vac Truck - 2 Man Crew 1$250.00 $56.000.00 R CCTV Camera Ttaikr with Operator slZ5.00 35 000.00 R Tractor with Becket whh 0 Ator $25 000.00 4" a ass Pumpwith Noses 0.00 P2S65Q-QO P6.250.00 R Bypass Pump Fuel Additional ll n LM watt Generator 3 400.00 Inflitrator MH Leak Stoc Plies tabor I ti +rm nn I !k25 OD htl Kn An Vfin-nn 113 nOn_On I e) Portable Concrete Mixer with Crew MeW Fab cffU eM Lead Man 75.00 $750.00 0.00 IS15.000.00 Metal Fabrfc@ftn/Welder 5.00 $650.00 . Sand Blot Trader Rig with Crew $250.00 1$295.00 .00 $69,000.00 R Sand Blasft Sand S5.00 per Q b ban Compactor with o eratar 1 000.0D j$5,000.00 1$20,000.00 Alr essor Road Bore $250.00 $125.00 1$1.250.00 0 OTHER RATES MARK UP MaterM Purchased for f c Job Meta bb from Stock 25% Subcon&at:t Labor c Performance and Payment Bond Cost °/ Company Name: RCM Utilities. LLC Authorized Signature/Date: 07/26/2019 RFP35-1"l WATER & WASTMATER Christopher R.Creech Manager Misc Constriction/Maintenance Services 28