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HomeMy WebLinkAboutItem 15 Approval to Piggyback City of Zephyrhills Contract to Rehabilitate City of Ocoee Lift Station #34 (Lake Bennet Center) City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: December 3, 2024 Item #: 15 Contact Name: Trent Hopper Department Director: Jen Bolling Contact Number: Ext. 4306 City Manager: Craig Shadrix Subject: Approval to Piggyback City of Zephyrhills Contract to Rehabilitate City of Ocoee Lift Station #34 (Lake Bennet Center). (Acting Utilities Director Bolling) Background Summary: As part of the approved City of Ocoee budget for Fiscal Year 2024-2025, the Wastewater Facilities Repair & Replacement (R&R) includes the funds to rehabilitate the wet well at Lift Station #34 (Lake Bennet Center) in the amount of $40,800.00. Staff identified additional hurricane resilience infrastructure improvements not included under the initial rehabilitation scope that could be completed in the most cost-effective manner if combined with this rehabilitation. Staff reached out to RCM Utilities and Cathcart Construction for quotes to rehabilitate Lift Station #34. Cathcart Construction provided a quote for $189,705.00 and RCM Utilities provided a quote of $54,251.82 for the same scope of work. RCM Utilities is currently under contract with the City of Zephyrhills for “Water & Wastewater Miscellaneous Construction/Maintenance Service”, providing for the opportunity to piggyback on this contract. Issue: Should the Honorable Mayor and City Commissioners approve to piggyback the City of Zephyrhills Contract 41-19-30C to rehabilitate Lift Station #34 (Lake Bennet Center)? Recommendations: Staff recommends that the Honorable Mayor and City Commissioners authorize the City Manager to cause the rehabilitation of Lift Station #34 (Lake Bennet Center) by utilizing the City of Zephyrhills Contract 41-19-30C. Staff also recommends that the City Manager be authorized to approve changes to this contract up to the limit of his purchasing authority for each change order. Attachments: 1. RCM Estimate 2. City of Zephyrhills Agreement 3. RFP & Contract Number Email Clarification 4. Ocoee Lift Station #34 Rehab - Proposal Financial Impacts: None, as this will be funded using the Wastewater Facilities Repair & Replacement Fund. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Consent RCM Utilities, LLC 1451 Pine Grove Road Eustis, FL 32726 352-561-2990 billing@rcmutilities.com Estimate 21438422 Estimate Date 10/3/2024 Billing Address City Of Ocoee 1 Bluford Ave Ocoee, FL 34761 United States Job Address Lift Station 34 Mechanical Rehabilitation 1 Bluford ave Ocoee, FL 34761 United StatesDescription of work Lift Station 34 Mechanical Rehab RCM Utilities to furnish materials, labor, and equipment for the following scope of supply: Wet Well - Supply, install, and maintain duplex bypass pumping system with auto dialer alarm box. - Remove existing base elbows, piping and valving from the wet well floor to the existing discharge piping. - New (2ct.) 316 stainless steel base elbow base plates. - New (2ct.) 4" base elbow. - New guide rail brackets and guide rails - New 4" HDPE DR11 green strip piping from the new base elbows to the check valves in the valve box. - 316 stainless steel cross brace to be installed on HDPE risers. - Install (1ct.) SEWPERCOAT wet well lining system. Pure fused calcium aluminate mortar technology. 15,000 PSI and 10 year product defect warranty. Valve Vault - Valve box to be piped in a two-in/two-out configuration. - New (2ct.) 4" flange check valves. - New (2ct.) 4" flange plug valve with op nut. Pump Off - New (1ct.) tee to be installed between check valve. - New (1ct.) 4" flange plug valve with op nut for pump off isolation. - New (1ct.) 4" Kam Lok adapter with dust cap. - Valve box interior to be coated with coal tar epoxy. **NOTES** - RCM Utilities warrants all supplied materials and workmanship to be free of defects for a period of one year after installation. - Site restoration will be backfill and compact only, all sod, seed, mulch, rock, and/or landscaping by others. Service #Description Quantity Your Price Total LSR Mechanical Lift Station Rehab 1.00 $41,519.62 $41,519.62 Sewpercoat:Sewpercoat - Service Sewpercoat: wet well lining system 1.00 $12,732.20 $12,732.20 Sub-Total $54,251.82 Tax $0.00 Total Due $54,251.82 Deposit/Downpayment $0.00 A service charge of 4% will be applied to all credit card purchases. For your convenience, customers may avoid this extra fee by paying with cash or a check. Payment is due within 30 days of the date of invoice. Thereafter, monthly finance charges of 1.5% or the maximum allowed by law, whichever is less, will be assessed on unpaid amounts. **ESTIMATE IS VALID FOR 30 DAYS** **ESTIMATE INCLUDES ALL APPLICABLE SALES TAXES.** - DUE TO CURRENT MARKET CONDITIONS MATERIAL PRICING IS SUBJECT TO CHANGE. RCM HOLDS THE RIGHT TO REPRICE BASED ON DATE OF ORDER. DATE OF ORDER IS WHEN ALL STAMPED PLANS AND SUBMITTALS ARE RETURNED, NOT THE RELEASE OF PURCHASE ORDER OR SUB CONTRACT. Force Majeure. Neither party shall be liable in damages nor have the right to terminate this Contract for any delay or default in performing hereunder if such delay or default is caused by conditions beyond their control including, but not limited to natural disasters, including but not limited to ground subsidence or upheaval, acts of God, Government restrictions (including the denial or cancellation of any permits, tax incentive, or other license or approvals), covid-19, labor shortage, material delays, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Furthermore, neither party shall be liable for any failure or delay in performance under this Contract to the extent said failures or delays are proximately caused by those causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or any other party to substantially meet its performance obligations under this Contract. The party experiencing the difficulty shall give the other prompt written notice, with details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period equal to the time lost due to any delay so caused. Contractor’s failure to perform any term or condition of this Contract because of conditions beyond its control mentioned herein or other conditions that cause delay, damage, or destruction of its work by others shall not be deemed a breach of this Contract. Material Escalation. The Contract Price for this Project has been calculated based on the current prices for the component building materials. However, the market for these building materials is considered volatile and sudden price increases could occur. Contractor agrees to use its best efforts to obtain the lowest possible prices from available building material suppliers but should there be an increase in the prices of these materials that are purchased after execution of this Contract for use in this Project, then Owner or General Contractor agrees and shall pay the substantiated cost increase to Contractor. Any request or change order for payment of a cost increase shall state the increased cost, the building materials in question, and the source of supply, supported by invoices or bills of sale. 1. This proposal is an offer to enter into a contract, with the mutual promises contained herein constituting valuable and sufficient consideration. The execution of this proposal by the owner listed above (the “Owner”) shall constitute acceptance of the offer and formation of contract (the “Contract”) between the Owner (the “Owner”) and RCM Utilities, LLC. The terms set forth herein, including those after the acceptance signature below and/or on subsequent pages, shall govern the Contract. 2. Warranty. The Contractor warrants all supplied materials and workmanship to be free of defects for a period of one year after installation. The Contractor warrants that materials and equipment furnished under the Contract will be new and good quality. 3. Payment. The Contractor will invoice the Owner in accordance with the schedule set forth above or, if no terms are set forth above, monthly for work performed during each calendar month. The Owner agrees that there shall be no retainage except as set forth in the schedule above. Payment is due within 30 days of the date of invoice. Thereafter, monthly finance charges of 1.5% or the maximum allowed by law, whichever is less, will be assessed on unpaid amounts. 4. Time. The Contractor shall achieve substantial completion of the work within a commercially reasonable time. At the Owner’s request, the Contractor shall submit for information a construction schedule for the work, and the Contactor shall revise the schedule at appropriate intervals as required by the conditions of the work. Schedule information set forth above are estimates. The Contractor shall not be responsible for delays caused by circumstances outside the control of the Contractor. 5. Permits and Approvals. The Contractor shall secure and pay for the building permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the work. This responsibility is limited to building permits and, for the avoidance of doubt, does not extend to land use approvals, environmental permits, consumptive use permits, or other governmental approvals outside of building permits. 6. Contract Documents. Except as otherwise provided herein, the Owner shall furnish, at its expense, all necessary surveys, plans, drawings, approvals, easements, assignments, and changes required for the construction and use of the improvements. The Owner warrants the information, plans and specifications provided to the Contractor. The Contractor shall be entitled to rely on the plans and drawings supplied by the Owner; the Contractor warrants only that the work will conform to the design documents and shall have no responsibility or obligation arising out of design defects. The Contractor’s warranties contained in this Contract exclude remedy for damage or defect caused by abuse, alterations to the work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear. 7. Termination. The Contractor may terminate this Contract if the Owner fails to make payment as set forth herein and the failure continues for 10 days after notice, if the Contractor is unable to perform due to the failure of the owner to provide access to the site, necessary approvals, or its efforts to complete the work are frustrated by the actions or omissions of the Owner. In the event the Contractor terminates the Contract, is may recover payment for work executed, included reasonable overhead and profit, costs incurred by reason of such termination, and damages. No refund of payments made by the Owner shall be due as a result of termination under this section. 8. Governing Law; Venue; Attorney Fees. This Contract shall be governed by the laws of the state of Florida. Venue for any dispute arising in connection with this Contract shall lie exclusively in the court of appropriate jurisdiction in the county where the work is to be performed. The parties hereby irrevocably waive the right to a jury trial in connection with any matter related to or arising out of this contract or the work performed hereunder and consent to a bench trial in any such action. The prevailing party in any litigation shall be entitled to recover its reasonable attorneys’ fees from the other party. 9. Assignment; Subcontractors.This Agreement may not be assigned without consent; provided, however that nothing herein shall limit the right of the Contractor to use subcontractors and contract labor in completion of the work. Notwithstanding the foregoing, the Contract may be assigned by the Owner to a lender providing construction financing if the lender has assumed the Owner’s rights and obligations under the Contract. 10. Hazards. The Owner represents that, except as disclosed in writing, there is no hazardous condition, material or substance at the site of the work. The Owner shall indemnify and hold harmless the Contractor, its subcontractors, agents and employees from and against claims, damages, losses, and expense arising out of or resulting from performance of the work in the affected area if in fact, a hazardous condition, material or substance presents the risk of bodily injury or death and has not been rendered harmless, except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance by reason of performing the work described herein, the Owner shall indemnify the Contractor for all cost and expenses thereby incurred. 11. Insurance; Beneficiaries. The Contractor shall maintain appropriate commercial general liability insurance and statutory worker’s compensation insurance and will provide certificates of insurance upon the request of the Owner. The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and property insurance until the work is complete. This Contract has no third-party beneficiaries. 12. Consequential Damages. The Owner waives claims against the Contractor for consequential damages arising out of or relating to this Contract. This waiver includes damages incurred by Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons. This waiver is applicable to damages due to termination. 13. Entire Agreement; Modifications. This Contract, together with the information, plans, and specifications provided to the Contractor, constitute the entire agreement. Any previous agreements and understanding between the parties regarding the subject matter of this Contract, whether oral or in writing, are superseded by the Contract. Any amendments, modifications, or change orders must be in writing. Any change orders require the agreement of the Contractor and shall include appropriate modifications to the contract price to include the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit. 14. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 15. ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY Approved By:_________________________________________________Date:________________ RENEWAL OF AGREEMENT FOR RCM UTILITIES 41-19-30C THIS AGREEMENT made and entered into effective ^ day o(AU§ust, 2022, by and between the CITY OF ZEPHYRHILLS, a political subdivision of the State of Florida, hereinafter referred to as "CITY" and RCM Utilities, a Florida corporation, hereinafter referred to as "CONTRACTOR" WITNESSETH WHEREAS, the CITY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of the City of Zephyrhills; and WHEREAS, the CITY and CONTRACTOR entered into an Agreement for Water& Wastewater Miscellaneous Construction/ Maintenance Services in a manner satisfactory to the CITY; and WHEREAS, the Agreement provided for a three (3) year Term commencing August 12, 2019, and ending August 11, 2022, provided for one (1), three (3) year renewal, upon written agreement by the parties, and the parties are desirous of extending the existing Agreement. NOW THEREFORE, in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expresses, it is agreed as follows: 1, THAT the Agreement for Water& Wastewater Miscellaneous Construction/ Maintenance Services dated August 12, 2019, will exercise the three (3) year renewal option through August 11, 2025. 2. THAT all remaining terms, provisions, and conditions, including terms for payment, of the Agreement for WaterSi Wastewater Miscellaneous Construction/ Maintenance Services dated August 12, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed and sealed this Agreement on the day and date first written above. CITY OF ZEPHYRHILLS "..^we!^ ^ ..'" ..^ \ _t!>>..' AHEST:^/ _ ' August 8,2022 Jodi Wilkeson, Council President Date Lori L. HRfei S.n/Cii^'Glerk - ... ' S? v ' ^ _ ,--.'^^.v ....''r:: '.y^!Hf.'t lSC/vl(^;(;^e5,^c ^hnstopher ^C)m°p^ -7/'^!^ COMPANY NAME Print of Representative Date Si ture Representative ATTEST Corpor Secretary CITY OF ZEPHYRHILLS Water& Wastewater Miscellaneous Construction/Maintenance Services THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and entered into this 12`h day of August, 2019 by and between the CITY OF ZEPHYRHILLS,a Florida municipal corporation, having its principal office at 5335 8th 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 1 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: City of Zephyrhills ATTN: City Manager 5335 8t' Street Zephyrhills, Florida 33542 And, City of Zephyrhills ATTN: City Attorney 5335 8th 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 Contractor/Vendor 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 Contractor/Vendor, 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 Contractor/Vendor 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. Contractor/Vendor 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 Contractor/Vendor as required herein shall be considered, and Contractor/Vendor 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 Contractor/Vendor 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 n, 11ii.' A. ddilaA414/1t4le.Witn s neth M. Burgess,J C Aril President Witness Attes 4i Gevi 12.a.._ TAX. Hillman, City Clerk 7- Signed, Sealed and Delivered In the presenceence of: / RCM UTILITIES AK, . Z / . • BY: 1,''` 77 as< itn ss J=' Name: Christopher R. Creech ACp Title: Manager Witna Melissa Moss 8- Exhibit A SU,STViITBID RESPONSE TO: REQUEST FOR PROPOSALCITYOFZEPHYRHILLS ATTN: PURCHASING DEPT 710,41 Response Acknowledgement 5335 8TH STREET ZEPHYRHILLS, FL 33542 PURCHASING AGENT: Karen Miller AN EQUAL OPPORTUNITY EMPLOYER Phone: 813-780-0000 x3536 FLORIDA TAX EXEMPT 85-8012740166C-4 Email: Purchasingl@ci.zephyrhills.fl.us FEDERAL IDENTIFICATION NUMBER #59-6000455 BID/PROPOSALDOCUMENTSMAYBEQB ATNEDi4Tt BidNet Direct,https://www.bidnetdirect.com/ City of Zephyrhills-City Hall-Purchasing,5335 8th Street,Zephyrhills,Florida 33542 SID/PROPOSAL NUMBER DLSTRIBLIT1ONDATE , 43l0/PROPQ,SALPILE iiikaMtpROPOSAL RESPONSES OPENING DATE/TIME • 35-19-01 June 21,2019 Water&Wastewater Misc Friday-July 26,2019-3 PMConstruction/Maintenance Services PRE CONFERENCE DATE/TIME/LOCATION AQ Strongly Recommended None RESPONSES RECEIVED AFTER ABOVE DATE: Friday-June 28,2019 TIME: 10:00 AM DATE AND TIME City of Zephyrhills City Hall Council Chambers,5335 8th Street,Zephyrhills,FL WILL NOT BE ACCEPTED VENDOR MUST COMPLETE THE BELOW AREAS AND'ftE31JRNCORM,NOTARIZED. FORM IS REQUIRED.. RESPONDER'S NAME/ADDRESS: If returning as a"NO"state reason: TELPHONE NUMBER: EMAIL ADDRESS: I certify this Response is made without prior understanding,agreement,or connections with any corporation,FEDERAL EMPLOYER ID NUMBER OR SS NUMBER: IfirmorpersonsubmittingaResponseforthesamematerials,supplies or equipment,and is In all respects fair and without collusion or fraud. I agree to all conditions of this Bid/Proposal and certify that I am authorized to sign this Response for the company. In submitting a Response to the City of Zephyrhills the Responder offers and agrees that if this Response is accepted,the Company will convey,sell,assign or transfer to the City of Zephyrhills all rights,title,and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular X commodities or services purchased or acquired by the City of Zephyrills. At the City's discretion, such AUTHORIZED SIGNATURE assignment shall be made and become effective at the time the City tenders final payment to the Company. PRINTED NAME/TITLE THIS FORM MUSTBE NOTARILtUBELOW Sworn to and subscribed to me this day of 2019 AFFIX NOTARY STAMP BELOW Personally known: Or produced identification: o Type of ID: Notary Signature State My commission expires: THE CITY OF ZEPHYRHILLS RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE INFORMALITIES,AND TO ACCEPT AU OR ANY PART OF ANY RESPONSE/PROPOSAL AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE CITY UNLESS OTHERWISE NOTED, PAYMENT OF GOODS OR SERVICES PROVIDED AS A RESULT OF THIS SOLICITATION WILL BE MADE PER FLORIDA STATUTE. ALL VENDORS MUST SUBMIT A COMPLETED W-9 FORM. TABLE OF CONTENTS Page RFP Response Form 3 Section 1.0 Introduction&General Requirements 4 Section 2.0 Scope of Work 12 Section 3.0 Proposal Package Criteria 13 Section 4.0 Evaluation Criteria& Ranking Process 16 Section 5.0 Forms 17 RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 2 City of Zephyrhills RFP Response Form PROJECT IDENTIFICATION NUMBER: 35-19-01 PROJECT NAME: Water&Wastewater Miscellaneous Construction Services RFP DEADLINE: July 26,2019 by 3 PM The undersigned, hereby declares that no person or other persons other than the undersigned are interested in this RFP, as Principal, and this response to request for proposal is made without collusion with others; and that we have carefully read and examined the specifications, and with full knowledge of all conditions under which the services herein is contemplated must be furnished, hereby proposed and agree to furnish this service according to the requirements set out in the specifications for said purchase and service. Federal Employer Identification Number: Required Documents: RFP Acceptance RFP Cover Response Form Drug Free Workplace Form Firm Data Sheet Non-Collusive Affidavit Firm Data Sheet-Sub Consultant Public Entity Crimes Fee Proposal Form Addenda Receipt Acknowledgement TAB 1-Licenses E-Verify TAB 2-Resume TAB 3-References TAB 4-Office Location TAB 5-Equipment List FIRM NAME: SUBMITTER'S NAME/TITLE: ADDRESS: TELEPHONE NUMBER FAX EMAIL ADDRESS Firm Representative Signature: Date Notary or Corporate RFP 35-19-01 WATER&WASTEWATER 3MiscConstruction/Maintenance Services SECTION 1 1.0 INTRODUCTION TO REQUEST FOR PROPOSALS 1.1 Invitation: The City of Zephyrhills (the "City"), invites responses ("Responses") which offer to provide the services described in Section 2.0: "Scope of Services." 1.2 Agreement Terms and Conditions: The Proposer(s) selected to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required to execute an Agreement with the City. in the event that the proposer to whom the contract is awarded does not execute a contract within thirty(30)days after such award,the City of Zephyrhills may give notice to such proposer of intent to award the contract to the next ranked proposer,or to call for new proposals. After a contract is signed, failure to comply with any of the terms and conditions of this RFP by the awarded firm will be cause for termination of the "Water & Wastewater Miscellaneous Construction Services". 1.3 Additional Information or Clarification: Requests for additional information or clarifications must be made in writing and Proposers may e-mail their requests for additional information or clarifications in accordance with Article 1.4 Cone of Silence. The cone of silence is applied to all communications concerning any bid, RFP and/or RFQ before intent to award is issued. All communications are to be directed to the Purchasing Agent, Karen Miller at purchasing)@ci.zephyrhills.fl.us. Any request for additional information or clarification must be received in writing no later than Friday,July 19,2019 by 3:00 PM. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Response Submission Date. Proposers should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued,the last addendum issued shall prevail. It is the Proposer's responsibility to assure receipt of all addenda. Proposer shall acknowledge receipt of all addenda in their cover letter or addenda form. 1.4 Award of Agreement: An Agreement may be awarded to the Successful Proposer(s) by the City Council as applicable, based upon the requirements reflected herein. The City reserves the right to execute or not execute, as applicable, an Agreement with the Successful Proposer(s) that is determined to be in the City's best interest. 1.5 Agreement Execution: By submitting a Response,the Proposer(s)agree to be bound to and execute the Agreement for: Water & Wastewater Miscellaneous Construction Services. Without diminishing the foregoing,the Proposer may request clarification and submit comments or proposed revisions to the language concerning the Agreement for City's consideration. Any such comments or proposed revisions identified after the Response has been received need not be considered by the City. None of the foregoing shall preclude the City from seeking to negotiate changes to the Agreement during the negotiation process. 1.6 Response Package: Careful attention must be given to all requested items contained in this RFP. Proposers are invited to submit Responses in accordance with the requirements of this RFP. PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A RESPONSE. Proposers shall make the necessary entry in all blanks and forms provided for the Response. 1.6.1 Each response submitted for evaluation must meet the requirements specified in the RFP. 1.6.2 Failure to submit all required items in the manner specified may result in your submittal being found unacceptable. 1.6.3 Any submittal found unacceptable will not be considered for selection for this project. RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 4 1.7 Changes/Alterations: Proposer may change or withdraw a Response at any time prior to Response Submission Deadline. All changes or withdrawals shall be made in writing to the Purchasing Agent. Oral/Verbal modifications will not be allowed. Written modifications will not be accepted after the Response deadline. 1.8 Discrepancies, Errors, and Omissions: Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to the City of Zephyrhills Purchasing Agent in the manner prescribed in RFP Section 1.3. Should it be necessary,the City will issue a written addendum to the RFP clarifying such conflicts or ambiguities. 1.9 Disqualification: The City reserves the right to disqualify Responses before or after the submission date, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the right to waive any immaterial defect or informality in any Response;to reject any or all Responses in whole or in part,or to reissue a Request for Proposal. 1.10 Reject Proposals: The City of Zephyrhills reserves the right to reject any or all proposals, waive informalities, request additional information and to negotiate a contract with the most qualified firm for these services at compensation which the agency determines is fair, competitive and reasonable in keeping with the best interests of the City. 1.11 Proposer's Expenditures: Proposers understand and agree that any expenditure they make in preparation and submittal of Responses or in the performance of any services requested by the City in connection with the Responses in response to this RFP are exclusively at the expense of the Proposers. The City shall not pay or reimburse any expenditure or any other expense incurred by any Proposer in preparation of a Response or anticipation of an Agreement award or to maintain the approved status of the Successful Proposer(s)if an Agreement is awarded. 1.12 Compliance with Applicable Law: The laws of the State of Florida shall govern the agreement. Comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules related to the services to be performed thereunder. Conduct no activity or provide any service that is unlawful or offensive. 1.13 Conflicts of Interest: No firm shall be eligible for selection on any project and no work shall be assigned to a firm which conflicts with or is duplicative of any work by the firm or any affiliated business entity, including, but not limited to, partnerships, joint ventures, and subsidiaries of the same parent corporation or firm. 1.14 Indemnification and Insurance Requirements 1.14.1 Indemnification: Contractor/vendor 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 contractor/vendor, its officers, agents or employees in performance or non-performance of its obligations under the Agreement generated from this solicitation. Contractor/vendor recognizes the broad nature of this indemnification and hold harmless cause, 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 RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 5 termination of the Agreement from this solicitation. Compliance with any insurance requirements required elsewhere within the Agreement shall not relieve the contractor/vendor of its liability and obligation to defend, hold harmless and indemnify the City of Zephyrhills as set forth in this article of the Agreement. It is further agreed that liability and exposure for indemnification (including, but not limited to the amounts of any indemnification owed by a governmental entity) will be limited to and governed by the provisions of Section 768.28(5), Florida Statutes The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional malpractice, or errors or omissions liability arising out of performance of the agreement or contract, unless such claims are a result of the city's own negligence. 1.14.2 Insurance: Contractor/vendor shall, at its sole cost and expense, procure and maintain throughout the term of the 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 the signed contract. Said insurance coverages procured by the contractor/vendor as required herein shall be considered, and the contractor/vendor 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 the contractor/vendor as required. This RFP/contract will also include either proof the contractor is covered by a pollution policy for $1,000,000 for each pollution condition or listed under the coverage for the City as coverage. Proof of coverage will be required. Nothing shall be construed to extend the City of Zephyrhills's liability beyond that provided in section 768.28, Florida Statutes. Builders' Risk Coverage: For any contracts that may apply to the following in the first sentence should also include statement below. If this solicitation 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, RFP 35-19-01 WATER&WASTEWATER 6MiscConstruction/Maintenance Services 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), alternation(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. 1.15 Termination(Cause and/or Convenience). 1.15.1 This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than thirty(30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. 1.15.2 This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above. 1.15.3 If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor/vendor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's or vendor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor/vendor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, by the contractor/vendor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. 1.15.4 Upon receipt of a termination action under paragraphs(a) or(b) above,the contractor/vendor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services7 contractor/vendor in performing this contract, whether completed or in process. 1.15.5 Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. 1.15.6 If, after termination for failure of the contractor/vendor to fulfill contractual obligations, it is determined that the contractor/vendor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph (c) above. 1.16 RFP TIME TABLE The anticipated schedule for the RFP and contract approval is as follows: Distribution/Advertised June 21, 2019 Pre-Conference June 28,2019 10 AM Questions Deadline July 19,2019 3 PM RFP Deadline July 26,2019 3 PM Review Responses July 26 thru August 2 Interviews August 2,2019 Tentatively Presented to City Council August 12,2019 6 PM 1.17 RFP Availability: RFP documents, plans, addendums can be viewed and downloaded from BidNet Direct at https://www.bidnetdirect.com/florida/cityofzephyrhills or the City Website, www.ci,zephyrhills.fl.us, Government, Purchasing, Vendor Information, click on the link for BidNet. It is your responsibility to ensure you have downloaded all addendums published before the bid opening. You must be a registered vendor for the City of Zephyrhills. Registration is FREE. Your response and all required documentation are to be submitted (mailed or delivered by the deadline listed in the Time Table) to the City of Zephyrhills—Purchasing,5335 8th Street,Zephyrhills,Florida 33542. Proposal Submission: One original and five copies (a total of six) shall be delivered to the City of Zephyrhills, 5335 8th Street, Zephyrhills, FL 33542, prior to the Opening time of Friday, July 26, 2019 3:00 p.m., EDT. Proposals shall not be more than the total pages indicated in Section 3 while still meeting proposal requirements. The delivery of the proposals to the City of Zephyrhills prior to the specified date and time is solely and strictly the responsibility of the proposing firm.The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for other delays. All responses must be manually and duly signed by authorized authority to bind said firm or individual, and Proposer must affix their corporate seal (if any) to the proposal. In the absence of a corporate seal, the proposal must be notarized by a Notary public. The submittal of a proposal by a preparer will be considered by the City as constituting an offer by the proposer to perform the required services at the stated fees. RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 8 Each proposer is solely responsible for the reading and completely understanding the requirement of this RFP. The opening time shall be and must be scrupulously observed. Under no circumstances will proposals delivered after the specified delivery time be considered. Late submissions shall be returned unopened to the firm or individual with the notation "the Proposal was receive after the delivery time designated for the receipt and opening of the proposals." 1.18 Appropriations Clause: The City, as an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. 1.19 Oral Presentation: A formal oral presentation may be required by each firm that is selected during the initial review process(at the sole option of the City). If required, presentations should be in support of the firm's proposal or to exhibit/demonstrate the information contained therein. If the Committee wishes additional clarification of any information or additional information, any of the firms may be requested to submit that information in writing. 1.20 Acceptance of Applicable Policies&Procedures. 1.21.1 Firms responding to this RFP agree by submission of such response to accept and comply with the City policies and procedures that apply to the selection process for this project. 1.21.2 Any concerns, or issues, relating to current policies and procedures may be addressed with City staff,but separate from this selection process. 1.21 The City Manager will appoint a ranking committee who will review and evaluate the qualifications of all interested firms. This committee shall select at least three(3)firms that are licensed in the State of Florida and are otherwise professionally qualified. The ranking committee will present their recommendations to the City Manager based on their review of the written and interview process. The City Manager will present the Committee's recommendations to the City Council for their approval of the ranking recommendation. A member from the ranking committee will be present to respond to any detailed questions the Council may have. City Council will vote on the Committee's recommendation. 1.22 Written Selection Process. Step 1. The City's Purchasing will review submittals for responsiveness and responsibility. Those found responsive and responsible based on an initial review shall proceed to Step 2. Step 2. The City Evaluation Committee comprised of City management and staff will evaluate the proposals using the criteria listed in Section 4.0. Based on the ranking of the written review the top four (4) firms may be requested to participate in the interview process. See Section 1.23. If the Evaluation Committee decides to bypass Section 1.23, then the firms will be ranked (See Section 1.27)and prepared to be presented to the City Manager for presentation to the City Council. RFP 35-19-01 WATER&WASTEWATER 9MiscConstruction/Maintenance Services 1.23 Formal Interview Evaluation Criteria o Overall impression of key team members o Ability to provide service o Ability of communicate during interview process. o Effectively respond to questions and problem solve during interview o Firm's ability to effectively answer questions and problem solve in the meeting o Overall impression of the firm 1.24 Interview Format. The firms selected to make a presentation to the Evaluation Committee will be notified by the City. Each firm selected for further consideration shall be notified in writing and informed of a place and time for the interview session. The time allotted to each firm for the presentation and interview shall not exceed forty five (45) (5 minutes for setup, 20 minutes for presentation, 5 minutes for questions, and 5 minutes knock-down). All members of the Evaluation Committee will be present during the formal interview. 1.25 Issues to Address at Interview. The intent of the formal interview process is to provide the evaluation committee with in-depth information from the firm in order to make a final selection of the best-suited firm for the contract. Firms should focus their presentations on the detailed plan for the tasks, evaluations, interviews, schedule and quality of the survey and any unique characteristics or services the firm offers. Firms are discouraged from reviewing company history and past experience evaluated during the written submittals unless this information is relevant to the survey process. All key personnel should be present at the interview. 1.26 Award Criteria. The evaluation committee recommendation will be made from their in depth review of the written proposals;their evaluation of the interview responses based on various criteria including but not limited to: Approach to the implementation,performance and satisfaction of City requirements Proposal quality and references Demonstrated understanding and success of similar projects. Ability to perform the work within the stated timeframe. Approach to maintenance plan and costs 1.27 Final Evaluation. Upon completion of the evaluation process by the Evaluation Committee, the firms will be ranked in descending order of recommendation. The Evaluation Committee shall present their final ranking to the City Manager for presentation to the City Council for approval of the committee's recommendation. The City will begin negotiations with the number one ranked firm. Should the City be unable to negotiate a satisfactory contract with the top-ranked firm at a price determined to be fair and reasonable, negotiations shall be terminated with that proposer and the City shall initiate negotiations with the second ranked proposer to arrive at an acceptable contract,and so on. 1.29 Exception to the RFP. Proposers may take exceptions to any of the terms of this RFP unless the RFP specially states where exceptions may not be taken. Should a Proposer take exception where none is permitted, the proposal will be rejected as nonresponsive. All exceptions taken must be specific, and the proposer must indicate clearly what alternative is being offered to allow the City a meaningful opportunity to evaluate and rank proposals. RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services I Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions and the proposals will be evaluated based on the proposals as submitted. The City, after completing evaluations, may accept or reject the exceptions. Where exceptions are rejected, the City may request that the Proposer furnish the services or goods described herein, or negotiate an acceptable alternative. 1.30 Openness of Procurement Process. Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, shall I be handled in compliance with Chapters 119 and 286 Florida Statutes. The City gives no assurance as to the confidentiality of any proposal once submitted. 1.31 Cooperative Purchases. This Is a cooperative purchase contract. State law allows any government agency and any accredited school in the state to buy off this contract without going to bid,as long as it does not conflict with any of their local regulations. 1.32 Negotiations. The City may award a contract on the basis of initial offers received, without further negotiations, or may negotiate a final contract. Therefore, each initial offer should contain the Proposer's best terms from a cost or price and technical standpoint. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected Proposer. This process will continue until a contract has been executed or all Proposers have been rejected. No Proposer shall have any rights against the City arising from such negotiations. 1.33 Right to Protest. Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of a contract may seek resolution of its complaints by contacting the City Manager. 1.34 IF CONSULTANT OR CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S OR CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT OR CONTRACT, THEY SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: LORI HILLMAN, CITY CLERK CITY OF ZEPHYRHILLS 5344 9th STREET ZEPHYRHILLS, FLORIDA 33542 LHILLMANACLZEPHYRHILLS.FL.US 813-780-0000 RFP 35-19-01 WATER&WASTEWATER I Misc Construction/Maintenance Services SECTION 2 2.0 RFP SCOPE OF SERVICES 2.1 Introduction. The City of Zephyrhills 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 supervision/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 Zephyrhills, Florida Operations f)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. 2.4 The City will be selecting two (2) firms for these services. The two top rank firms who have a successful negotiation will be awarded the contract. 2.5 Warranty. The selected Contractor(s)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 (5) 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 35-19-01 WATER&WASTEWATER 12MiscConstruction/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 clip, 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 part 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 page count) RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 13 3.2.1 Response materials shall be arranged in the order indicated on the TABLE OF CONTENTS. 3.2.2 The submitting firm is to include the appropriate page numbers to indicate the location for each of the listed items. 3.2.3 The FIRM DATA SHEET for the prime firm only. 3.2.4 Package should include: TAB 1. Proposer's credentials& previous performance on similar lobs Maximum 30 Points). Proposers shall provide, in detail their credentials for providing construction services for water and wastewater utility projects and any information that documents successful and reliable experience an past performance, especially those performances related to the requirements of this RFP. Include a description of the proposer's business history and number of years in operation. Must include copies of General Contractor and Underground Contractor licenses. TAB 2. Staff Credentials and Resumes Maximum 10 Points). The proposer shall include the name,title,address and telephone number of persons who will both manage and be assigned to perform services under the proposal.A signed one(1)page resume,including references, detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the contractor shall submit, for approval to the City, the credentials and resumes of the person(s) the contractor wishes to perform the services under this contract FIELD FOREMAN MINIMUM REQUIREMENTS: 0 5 YEARS EXPERIENCE AS FOREMAN OR SUPERVISOR 0 MANHOLE AND WET WELL SEWPERCOATING FOREMAN TO HAVE 5 YEARS EXPERIENCE TAB 3. References Maximum 30 Points) A list of five (5) applicable customer references is to be provided who have contracted for similar services offered by the proposer, which is considered identical or similar to the requirements of this Request for Proposal. Failure to do so may be cause for rejection of the proposal.The list shall include: a. Company name and address. b.Contracting officer and telephone number. c.Technical representative and telephone number. d.A brief,written description of the project. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal TAB 4. Office Location. (Maximum 10 Points). Rating will be based on ease of contract administration and responsiveness. The proposer with all key personnel located within two(2)hours of the City of Zephyrhills. RFP 35-19-01 WATER&WASTEWATER i4MiscConstruction/Maintenance Services TAB 5. Responsiveness/Availability of Equipment. (Maximum 10 Points). Proposer shall submit a complete list of all equipment owned by their firm to include the location of the yard where the equipment is stored when not in use. TAB 6. Hourly Rates and Equipment Rates. (Maximum 10 Points). Proposer shall submit a list of hourly rates for personnel and hourly/daily/weekly/monthly rates for equipment for emergency work and planned Not-to-Exceed work. Proposer shall also identify the percentage markup charged on materials, subcontracted labor,etc. O Must include list of equipment owned Is office facility owned or rented TAB 7. Acceptance of Conditions. Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award,or if applicable,during negotiations. Exceptions taken by a proposer may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s).Such determination shall be at the sole discretion of the City TAB 8. Required Forms-In addition to above(Not part of the page count) Proposer's Checklist Firm Data Sheet Firm Data Sheet-Subcontractor Drug Free Workplace Statement of No Response E-Verify RFP Acceptance Public Entity Crimes Addenda Non-Collusive Affidavit 3.4 Financial Capacity TAB 9. Provide documentation of your firm's financial stability and sufficient financial capability to complete a project of this scope, as follows: (4) page maximum 3.4.1 Financial Stability. Provide summary certified financial statements demonstrating the tangible net worth of your firm, current operating cash balances, bank lines of credit and contingent liabilities. 3.4.2 Ownership. Provide information on the form of ownership, principal owners, length of ownership; if there are any pending changes to the company's ownership,identify the nature of these changes. 3.5 The response information should be included on either the forms provided in this RFP, or a reasonable facsimile of the provided forms. Firms choosing to use reasonable facsimiles of required forms should maintain both the format and content of the provided forms. RFP 35-19-01 WATER&WASTEWATER iMiscConstruction/Maintenance Services SECTION 4 - EVALUATION CRITERIA& RANKING PROCESS 4.1 General Ranking. The evaluation and ranking of all Competitive proposals received shall be accomplished utilizing the criteria described in this Section. 4.2 Selection Criteria. All proposals shall be equally evaluated with respect to the completeness of the data provided, support for all claims made,and the overall approach taken.The following criteria shall be utilized in the evaluation of the proposal: 30 Credentials&Previous Performance on Similar Jobs 10 Staff Credentials&Resumes 30 References 10 Office Location 10 Responsive&Availability of Equipment 10 Hourly Rates for Personnel&Equipment 100 Ranking based on 100 point system-maximum 5 Missing Documentation RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 16 SECTION 5 - FORMS RFP 35-19-01 WATER&WASTEWATER 17MiscConstruction/Maintenance Services FIRM DATA SHEET RFP 35-19-01 APPLICANT FIRM NAME: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: EMAIL ADDRESS: FEIN NUMBER: CONTACT PERSON/TITLE: Type Ownership: 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: Present Offices: City/State/Number of personnel for each: RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services I 8 FIRM DATA SHEET—SUB-CONTRACTOR RFP 35-19-01 SUBCONTRACTOR: Firm Name and Address Services to be Provided 1. 1. 2. 2. 3. 3. 4. 4. 5. 5. RFP 35-19-01 WATER&WASTEWATER 19 Misc Construction/Maintenance Services DRUG-FREE WORKPLACE FORM The undersigned vendor, in accordance with Florida Statute 287.087, hereby certifies that does: Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' 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 occurring in the workplace no later than five (5) 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 Date PUR062.036 re. 10/97 afigamminmsummer RFP 35-19-01 WATER&WASTEWATER 20MiscConstruction/Maintenance Services CITY OF ZEPHYRHILLS STATEMENT OF NO BID If you do not intend to bid, please complete the information below and return this form with the bid title and number clearly marked on the front of the envelope. Please send the STATEMENT OF NO BID FORM no later than the opening date indicated on the INVITATION TO BID FORM. Please be advised that if the NO BID STATEMENT is not executed and returned your name may be deleted from the list of qualified bidders for the City of Zephyrhills. We decline to submit a bid for the following reasons: Unable to meet Bond or Insurance requirements. Unable to meet specifications; we do not offer this product or an equivalent. Specifications are unclear, specialty items are too intricate. Insufficient time to respond; our schedule will not permit us to perform. Reason for declining on attached sheet. Company Name: Date: Telephone Number: Signature: Return completed form to: City of Zephyrhills, Purchasing Department 5335 8th Street Zephyrhills, FL 33542 RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 21 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to print name of the public entity) by print individual's name and title) for print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number(FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state 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 of any other state or of the United States, including, but not limited 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, conspiracy, or material misrepresentation. 3.I understand that"convicted"or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4.I understand that an "affiliate"as defined in Paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor 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 entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership 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 arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly 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 affiliate. 5.I understand that a "person"as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts 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 35-19-01 WATER&WASTEWATER Misc 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.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, 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, 1989. The entity submitting this sworn statement, or one or more of its officers, 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, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I 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 day of 20 Personally known Or Produced identification Notary Public—State of My commission expires Type of Identification) Printed, Typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/18/92) mammulemiiiimmow RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 2 Addenda Receipt Acknowledgment Addendum# Date Initials Addendum # Date Initials Addendum # Date Initials Addendum # Date Initials Firm Representative: Signature/Date(executed by Corporate Authority) RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 24 NON-COLLUSIVE AFFIDAVIT State of Florida County of being first duly sworn,deposes and says that he/she is the party making the fore-going submittal of qualifications or bid that such submittal partner or officer of the Firm,etc) 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 Zephyrhills of any person interested in the proposed contract; and that all statements in said response are true. Officer Company Name) State of Florida County of The foregoing instrument was acknowledged before me this day of by name and title of corporate officer) of Name of Corporation), a state or place of incorporation)corporation, on behalf of the corporation. He/she is personally known to me or has produced Identification type) as identification. Signature line for notary public) Name of notary type,printed or stamped) Title or rank) My commission expires: Serial number, if any RFP 35-19-01 WATER&WASTEWATER 25MiscConstruction/Maintenance 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 terms governing use of the system, to confirm the employment eligibility of; 1. all persons employed by the Vendor/Consultant during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Vendor/Consultant to perform work pursuant to the contract with the City of Zephyrhills. Company/Firm: Authorized Signature: Title: Date: RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 26 RFP ACCEPTANCE I acknowledge and understand the requirements set forth in RFP 35-19-01 Water&Wastewater Misc Construction/Maintenance Services. Authorized Signature Date Printed Name Company Name In witness whereof, the above submitted has hereunto set his signature and affixed his seal this day of A.D. 2019 Seal) By: Title: RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 27 Labor/Equipment Rates Form RFP 35-19-01 Water&Wastewater Misc Construction/Maintenance Services RATES LABOR and EQUIPMENT RATES WORKING HOURS AFTER HOURS Supervisor Foreman Helper-Labor Only Helper with Truck/Trailer Backflow Technician Other:(EXPLAIN) Please provide when after hours would apply OWNED or RENTED EQUIPMENT RATES SET UP FEE HOURLY DAILY WEEKLY MONTHLY 0 R Mini Excavator with Operator Back Hoe with Operator Vac Truck-2 Man Crew CCTV Camera Trailer with Operator Tractor with Bucket with Operator 4"Sewage Bypass Pump with Hoses Bypass Pump Fuel Additional 1500 Gallon Temporary Hydro Tank 3000 Gallon Temporary Hydro Tank 10000 Gallon Temporary Hydro Tank Aerator for Ground Storage Tank 13000 Watt Generator Infiltrator MH Leak Stop Plus Labor Portable Concrete Mixer with Crew Metal Fabrication/Welding Lead Man Metal Fabrication/Welder Sand Blast Trailer Rig with Crew Sand Blasting Sand Compactor with Operator Air Compressor Road Bore OTHER RATES MARK UP Materials Purchased for Specific Job Materials from Stock Subcontract Labor Performance and Payment Bond I Cost Company Name: Authorized Signature/Date: RFP 35-19-01 WATER&WASTEWATER 28MiscConstruction/Maintenance Services Exhibit B SUBMITTED BY: aim C M UTILITIES 100 WEST MILLS AVENUE EUSTIS, FL 32726 352-561-2990 RFP 35-19-01 WATER & WASTEWATER MISC. CONSTRUCTION / MAINTENANCE SERVICES P1CM UTILITIES Table of Contents Tab 1—Credentials&Previous Performance RCM's Credentials& Previous Performance 1 Underground Utility& Excavation Contractor License 2 Backflow Prevention Tester Certification 3 Introduction to Lift Station Electrical Troubleshooting 4 Tab 2—Staff Credentials and Resumes RCM's Staff Credentials 5 Christopher Creech's Resume 6 Weston Hart wright's Resume 7 John C Riggs' Resume 8 Bradley Green's Resume 9 Melissa Moss' Resume 10 Bradley Miller's Resume(Subcontractor) 11 Maxx Environmental Staff Experience 12 Tab 3—References RCM's References 13 Max Environmental Refences(Subcontractor)14 Kerneos Reference 15 Tab 4—Office Location RCM's Office Location 16 Tab 5—Responsiveness and Availability of Equipment RCM's Equipment List 17 Maxx Environmental Response Approach 18 Tab 6—Hourly Rates&Equipment Rates RCM's Labor/Equipment Rate Form 19 Tab 7—Acceptance of Conditions RCM's Acceptance of Conditions 20 Tab 8—Required Forms Firm Data Sheet 21 Firm Data Sheet-Subcontractor 22 PCM UTILITIES Drug Free Workplace 23 Public Entity Crimes 24&25 Addenda Receipt Acknowledgement 26 Non-Collusive Affidavit 27 E-Verify 28 RFP Acceptance 29 Tab 9—Financial Capacity RCM's Financial Capacity 30-37 Max Environmental Financial Strength 38 roe CM UTILITIES 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 1/ 2 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 #9 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 e46- RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY dber i ',t4r.,,,' .:4-* STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION 1N V= .C 1NG BOARD i , THE UNDERGROUND UTILITY & EXCAVAVOONCO NE IN IS CERTIFIED UNDER THE PROVISIONS OF CHAPT489 .FLORIDA:STATUTES C E ECH CHRISTOPHERAN fit_ Nom.UTILIT#ES, LIC • -j f t t t -' i i" ;419 W.GROVE` T r; F ,, - twin 4 a ,,, FL1 726 . , r c..,-, 11,- . LICENSE NUMBER CUC1225240 EXPIRATION DATE: AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com ii Do not alter this document in any form. k d 'This is your license. It is unlawful for anyone other than the licensee to use this document. Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESCREECH, CHRISTOPHER RYANDo not alter this document in any form.RCM UTILITIES, LLCLICENSE NUMBER: CUC1225240EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.100 WEST MILLS AVENUEEUSTIS FL 32726Always verify licenses online at MyFloridaLicense.com TREEO Center UNIVERSITY of FLORIDA Center for Training, Research and Education for EnvironmentalcO cupations certifies that Christopher Creech has satisfactorily completed the examinations for Backflow Prevention Tester Re-certification Certificate of Completion December 13-14 2018mz=s<<n Association c tfaSection Daze issued: 12/14/2018 FBPR Construction Licensing Board 7kq Certificate No.: T12-18-8167 Sponsor No.: 0000995 o Expiration: 12/31/2020 Classroom Hours: 7 Operator Certification Program Course#: 04191009 CEU's: 0.8 CaziuI /F Carol Hinton,Associate Director University of Florida TREED Center e 3900 SW 63 Boulevard • Gainesville,FL 32608-3800 • 352-392-9570 * www.treeo.ufl.edu UFTREE() Center UNIVERSITY of FLORIDA Center for Training, Research and Education for Environmental Occupations Christopher Ryan Creech attended Introduction to Lift Station Electrical Troubleshooting April 9-10, 2019 and is awarded this Certificate of Attendance Date Issued: 04/10/2019 1'REEO FDEP OCP 04191040: CEUs 1.6 DW WW DS FBPE Provider#: 0004021 : CEHs 16 r Carol Hinton,Associate Director University of Florida TREE()Center • 3900 SW 63 Boulevard • Gainesville,FL 32608-3800 • 352-392-9570 • www.treeo.ufl.edu wrt y t Ws 11CM UTILITIES 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 Kerr's 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—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 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 Driver's 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: 7 , Umatilla High School, graduated 2007 Signature 27 //" 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 crew 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 Signature,; k , . ,_ _ JOHN C. RIGGS WORK EXPERIENCE: RCM Utilities 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 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 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 parties/vendors 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 C-- - 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—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 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 Signature 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: Clewiston High School, graduated 1989 Signature f to 4 Al Bradley Miller 561) 398-2781 brad(maxxenvironmental.com Feb 2016-Present Supervisor— Maxx Environmental, Riviera Beach 3.5 Years) Maxx Environmental, LLC is a family owned business providing specialized underground sewer and drainage infrastructure rehabilitation and repair services on private and public projects utilizing primarily Sewpercoat;. Tasks & duties; Supervise employees and projects from beginning to completion Attend pre-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 Manager - Fortiline Waterworks, Riviera Bch 3 Years) 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 500,000 to $10 million dollars. Aug 2002—Feb 2013 Supervisor— CEES, Inc, West Palm Beach, Fl 11 Years) CEES, Inc. (Chaz Equipment) was a Sewpercoat 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, Nicosia Cyprus Aug 1989 — May 1993 Wheeling Jesuit University (BA), Wheeling, WV L[t. Page 1 of 1 3610 Fiscal Court CPCRiviera Beach, FI 33404 561)396-2781 C 561)881-0013 F ma)aenvironmental.com Maxx Environmental Staff Experience with Sewpercoat in the State of Florida For further verification of our experience please feel free to call; David Waters; (352)483-6434 (Porter&Assoc.—Sewpercoat Florida rep) Joseph Talley; (757)339-3327 (Sewpercoat national manufacturers rep) Brad Miller: Supervisor Total Years Experience - 15+ years Total Manholes Coated - 12,000+ (72,000vf) Total Wet Wells Coated - 1000 + (18,000vf) Jeff Ducote: Crew Leader/Gunner& Mixer Total Years Experience - 3+years Total Manholes Coated - 500+ (3,000vf) Total Wet Wells Coated - 30+ (600vf) Israel Soto: Skilled/Specialized Labor I Gunner& Mixer Total Years Experience - 11+years Total Manholes Coated - 5,000+ (30,000vf) Total Wet Wells Coated - 200+ (3,000vf) Jorge Soto: Skilled /Specialized Labor/Gunner& Mixer Total Years Experience - 2+ years Total Manholes Coated - 300+ (1,800vf) Total Wet Wells Coated - 20+ (300vf) INFRASTRUCTURE REHABILITATION SOLUTIONS CM UTILITIES 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 352-428-4991 Lift station rehabs to include base ells, pumps, piping, valves & sewpercoat and full electrical replacement including control panel City of Umatilla 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 hypochlorite injection system, Scada and telemetry, all housed in a 1000 sq. ft pump house 3610 Fiscal Court Riviera Beach,Fl 33404 QOM 561)398-2781 C 561 J 881-0013 F maxxenvironmental.com References - Maxx Environmental, LLC City of Fort Myers: AI Casing -Public Works Operations Supervisor 4200 MLK Jr. Blvd., Ft. Myers, Fl 33916 Tel: (239)410-2448 Email: acasinqftcityftmyers.com Work completed: Sewpercoat manhole rehabilitation City of Naples: Kevin Swisher—Utility Maintenance Supervisor 380 Riverside Cir., Naples, Fl 34102 Tel: (239)298-9450 Email: kswisherfw naplesgov.co Work completed: Sewpercoat manhole & LS rehabilitation Village of Wellington: Corey Robinson—Operations&Maintenance Supervisor 12300 Forest Hill Blvd.,Wellington Fl 33414 Tel: (561) 906-1083 Email: crobinson(d_wellingtonfl.gok Work completed: Sewpercoat manhole rehabilitation Seminole Tribe of Florida: Juan Mata—Utility Operations Supervisor 6300 Stirling Rd., Hollywood, Fl 33024 Tel: (863)228-2138 Email: civanmata(asemtrihe.coni Work completed: Sewpercoat manhole& LS coatings Seacoast Utility Authority: Brent Weidenhamer —O&M Supervisor 4200 Hood Rd., Palm Beach Gardens, Fl 33410 Tel: (561) 627-2900 Email: bweidenhameasua.com Work completed: Sewpercoat manhole&LS rehabilitation j il I INFRASTRUCTURE REHABILITATION SOLUTIONS 6 Kerreos October 18, 2017 Maxx Environmental, LLC 3610 Fiscal Court Riviera Beach, FL 33404 SUBJECT: SEWPERCOAT®APPLICATION 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 SewperCoat' materials (as manufactured by Kerneos Inc.). Maxx Environmental, LLC personnel have installation experience with the low-pressure, wet spray installation method and have successfully installed SewperCoat® PG in manhole, lift station. and wet well rehabilitation applications throughout their careers. With SewperCoat® being a specialty construction product having very specific installation methods and equipment requirements, Kerneos is very selective 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. Kerneos maintains a listing of competent and quality contractors that have demonstrated requisite skill and training to be considered qualified installers of our materials. Maxx 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 TalleySewperCoat Market Manager Kerneos Inc. Kerneos Inc.-1316 Priority Lane,Chesapeake,VA 23324 V Phone:(757)284-3200 FAX:(757)284-3300 ICM UTILITIES TAB 4 -OFFICE LOCATION Our office is located at 100 West Mills Avenue in Eustis, FL 32726 which is 1 '/2 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: al River The Voltage: V.v..Smyr 0 Beach. Lees hum•100 West Mills Avenue ai Altamonte 4;- Sp prigs Dt'a'inter Park ' pring Hill o Titus;Ile Orlando II 1 Celebration e.i - Merritt Island - ' .Y: 0 F '4 Of Zephyrhills Kissimmee Map data O20t Approximately 1 hour 27 min (67 miles) tCM UTILITIES 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 2018 18"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 3610 Fiscal Court jilOr Riviera Beach, Fl 33404 561)398-2781 C 561)881-0013 F maxxenvironmental.com Response Approach to Work Orders SCHEDULING: We can be on-site next day for emergencies. COMPLETION: Manholes; 3-7 per day / Lift Stations; 2.5 days max EMERGENCY: We can be on-site within 24-48 hours. MOBILIZATION: No additional cost— included within our bid pricing. EQUIPMENT: Ford F450 lead bog truck, Strong 35D Spray Rig, Ford F450 support truck, 5000psi pressure washer trailer, 375cfm/150psi air compressor. MATERIALS: Coating material new & rehab - Sewpercoat PG, Kerneos Aggressive leak stops — Seal Guard 2 hydrophobic grout Regular leak stops —Avanti 202 hydrophilic grout Hole filling I Leak stops —Strong Plug Wall patching / 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. Wlaxx shall perform all services INFRASTRUCTURE REHABILITATION SOLUTIONS Labor/Equipment Rates Form RFP 35-19-01 Water&Wastewater Misc Construction/Maintenance Services RATES i LABOR and EQUIPMENT RATES WORKING HOURS AFTER HOURS Supervisor 50.00 75.00 Foreman 75.00 113.00 Helper-Labor Only 5.00 01 Helper with Truck/Trailer 75 10 Backflow Technician a 0.00 1.00 I Other: EXPLAIN) Please.rovide when after hours would a..? An time outs de Mon - Fri 7am - 5 •m I OWNED or I RENTED EQUIPMENT RATES SET UP FEE HOURLY DAILY WEEKLY MONTHLY 0 R Mini Excavator with Operator 1 1• 80.00 800.00 $2 400.00 '.9 600.00 0 Back Hoe with Operator 1• 5.00 '$1,250.00 $6 250.00 $25,000.00 R Vac Truck-2 Man Crew 250.00 280.00 '.2.800.00 '.14 000.00 $56,000.00 R CCTV Camera Trailer with Operator 250.00 5.00 $1,750.00 '',; 50.00 $35 000.00 R Tractor with Bucket with Operator 250.00 125.00 !$1,250.00 '.6 250.00 $25 000.00 0 4"Sewage Bypass Pump with Hoses 50.10 40.00 250.00 '.. • ••2 600.00 R By'ass Pump Fuel Additional 4.50 •er •all• 4;00-Galion Te• ._ - . . mmmneemeeeemeianiliiimimnmomIII a000-Gel+on-Temporary •. . AlliM imm 8096-Ga1}en-Tem.orary-Hydro- . Eliimmomminotommowimionsommissmoommommo= nd Storage-Tank 13000 Watt Generator I 00 40.00 1170.00 '.850.00 $3 400.00 R Infiltrator MH Leak Stop Plus Labor 1 0.00 25.00 , '.150.00 $750.00 $3 000.00 0 Portable Concrete Mixer with Crew Metal Fabrication/Welding Lead Man '.150.00 75.00 750.00 ".3 750.00 '.15 000.00 0 Metal Fabrication/Weider 150.00 i'.65.00 !$650.00 ,', 50.00 5.13 000.00 I • Sand Blast Trailer Rig with Crew 250.00 . '.295.00 '.2 950.00 '.14 750.00 I '.59 000.00 i. R Sand Blasting Sand 5.00 •er 50 Jib bail I Compactor with operator 100.00 $1 000.00 ,'.5 000.00 $20 000.00 . • Air Compressor Road Bore 250.00 125.00 '.1 250.00 ' '.. _ I 10 ' '.25 000.00 I 0 OTHER RATES MARK UP Materials Purchased for Specific Job 25% Materials from Stock 25% Subcontract Labor 120% Performance and Payment Bond I Cost 2% Company Name: RCM Utilities, LLC Authorized Signature/Date: 4,'' ' 2.X 07/26/2019 RFP 35-1e-01 WATER&WASTEWATER Christopher R. Creech Manager Misc Construction/Maintenance Services A am PICM UTILITIES 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 s' W'kx-4, 1 ALL",. y t 41.;,„:,-_, Via. .. .. .., _ iL.'k, ...vs ... , - _m :....e.- _.. _ - .... .i"Sa. FIRM DATA SHEET RFP 35-19-01 APPLICANT FIRM NAME: RCM Utilities, LLC ADDRESS: 100 West Mills Ave Eustis, FL 32726 TELEPHONE NUMBER: 352-561-2990 FAX NUMBER: 352-292-0139 EMAIL ADDRESS: chrisnrcmutilities.com FEIN NUMBER: 82-4160762 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 Hartwright Field Supervisor 352-456-8623 Melissa Moss Executive Assistant 352-267-0874 Present Offices: City/State/Number of personnel for each: Eustis, FL 8 RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 18 FIRM DATA SHEET—SUB-CONTRACTOR RFP 35-19-01 SUBCONTRACTOR: Firm Name and Address Services to be Provided 1. Betts Electrical Services, LLC 1. Electrical 9590 SE 190th Court Ocklawaha, FL 32179 2. Max Environmental, LLC 2. Sewpercoat 3610 Fiscal Court Rivera Beach, FL 33404 3. 3. 4. 4. 5. 5. RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 19 DRUG-FREE WORKPLACE FORM The undersigned vendor, in accordance with Florida Statute 287.087, hereby certifies that RCM Utilities 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 prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' 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 occurring in the workplace no later than five (5) 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. I Bidder's Signature Christopher R. Creech 07/26/2019 Date PU R062.036 re.10/97 RFP 35-19-01 WATER&WASTEWATER 20MiscConstruct'on/Maintenance Services SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Zephyrhills print name of the public entity) by Christopher R. Creech Manager/Owner print individual's name and title) for RCM Utilities, LLC print name of entity submitting sworn statement) whose business address is 100 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 sworn statement: 2. I understand that a"public entity crime"as defined in Paragraph 287.133(1)(g), Florida Statutes,means a violation of any state 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 of any other state or of the United States, including, but not limited 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, conspiracy, or material misrepresentation. 3. I understand that"convicted"or"conviction"as defined in Paragraph 287.133(1)(b), Florida Statutes,means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate"as defined in Paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor 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 entity crime, The term"affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership 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 arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly 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 affiliate. 5. I understand that a"person"as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or ertity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts 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, mommi== isommilmompa. ate RFP 35-19-01 WATER&WASTEWATER 22Miscconstruction/Maintenance Services 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 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, 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, 1989. The entity submitting this sworn statement,or one or more of its officers, 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, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I 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 July 20 19 Personally known Christopher R. Creech Or Produced identification Notary Public—State of Florida 44 / 4 k:; rey ,_ MELISSA MOSSAAA.. Commission#FF 897456 My co • fission expires Novem.•er 8, 2019 aa= Expires November8,2019 Type of Identification) Bondsd Tin Troy Fan lnauave 000-365.7079 Printed,Typed or stamped commissioned name of notary public) Form PUR 7068(Rev. 06/18/92) RFP 35-19-01 WATER&WASTEWATER 23MiscConstruction/Maintenance Services Addenda Receipt Acknowledgment Addendum# 1 Date 07/01/2019 Initials CXG Addendum#Date Initials Addendum#Date Initials Addendum#Date Initials Firm Representative: 44;r-,741 9 a....4 Si nature/Date(Executed by corporate Authority) Christopher R. Creech Manager RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 24 NON-COLLUSIVE AFFIDAVIT State of Florida keCountyofL Christopher R. Creech being first duly sworn,deposes and says tha(jig[she is Manager of RCM Utilities, LLC the party making the fore-going submittal of qualifications or bid that such submittal partner or officer of the Firm,etc) 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 Zephyrhills of any person interested in the proposed contract; and that all statements in said response are true. ai;Zwz,CL„,4 Officer RCM Utilities, LLC Company Name) State of Florida County of Lake The foregoing instrument was acknowledged before me this 26 day of July 2019 by Christopher R. Creech Manager( name and title of corporate officer) of RCM Utilities, LLC Name of Corporation), a Florida state or place of incorporation)corporation, on behalf of the corporation. lie/she is personally known to me or has produced Identification type) as identification. AIL/._ 4j • J.A- Signature line for notary public) Melissa Moss Nome of notary type,printed or stamped) AMBR / Executive Assistant Title or rank 0:p'-., MELISSA MOSS Commission#FF 897456irr1 My commission expires:November 8, 2019 ti 3c Expires November8,2019 Bordad TAN Troy Fdn Insurna Ea365.7019Serialnumber, if any REP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 25 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 terms governing use of the system, to confirm the employment eligibility of; 1. all persons employed by the Vendor/Consultant during the term of the Contract to perform employment duties within Florida; and 2, all persons, including subcontractors, assigned by the Vendor/Consultant to perform work pursuant to the contract with the City of Zephyrhills. Company/Firm: RCM Utilities, LLC Authorized Signature: 27, C nsto er k. Crechp Title: Manager/ Owner Date:July 26, 2019 RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 26 RFP ACCEPTANCE I acknowledge and understand the requirements set forth in RFP 35-19-01 Water&Wastewater Misc Construction!Maintenance Services. arize ' ,tr„ 07/26/2019 Aud Signature Date Christopher R. Creech Printed Name RCM Utilities, LLC Company Name In witness whereof, the above submitted has hereunto set his signature and affixed his seal this 26 day of July A.D.2019 r MELISSA MOSS Commission#FF 897456 er.` Expires November 8,2019 Doodad Thr Trey Fran Insurance 8C9-395-7019 Seal) By: I Title: AM:' / Executive Assist- t RFP 35-19-01 WATER&WASTEWATER Misc Construction/Maintenance Services 27 Karen, Can you please clarify why the title of the renewal agreement is Renewal of Agreement for RCM Utilities 41-19-30C and the original RFP’s # was RFP #35-19-01? Thank You, Melissa Moss Controller RCM Utilities, LLC 100 W. Mills Ave Eustis, FL 32726 rcmutilities.com melissa@rcmutilities.com 352-561-2990 / office 352-267-0874 / cell 352-292-0139 / fax RFP numbering is different than a contract number. In the original contract it referenced the RFP # in Article 2. Basically, it refers to the RFP for all the details and requirements listed for the contract. 2.1.1 is the original solicitation, 2.1.2 refers to your company’s response. The original contract is the 41-19-30c includes all documentation from the solicitation of 35-19-01. This renewal is 41-22-21 is the extension of the original 41-19- 30c. They are similar in the numbering but are completely different for a purpose. I hope this explains it….if not, please let me know. Karen Miller Purchasing Agent/Finance Specialist City of Zephyrhills 5335 8th Street Zephyrhills, FL 33542 813-780-0000 ext. 3536 1056 Willa Springs Dr Winter Springs, FL 32708 (407) 629-2900 Ocoee Lift Station #34 Proposal Trent Hopper Below is the pricing for the Lift Station #34. ITEM NO. DESCRIPTION Unit Quant. Bid Unit Bid Amount 1 Mobilization LS 1 $ 18,500.00 $ 18,500.00 2 Maintenance of Traffic LS 1 $ 5,600.00 $ 5,600.00 3 Bypass System LS 1 $ 21,590.00 $ 21,590.00 4 Lift Station Demo LS 1 $ 25,110.00 $ 25,110.00 5 Lift Station Rehab LS 1 $ 59,125.00 $ 59,125.00 6 Restoration LS 1 $ 17,450.00 $ 17,450.00 7 Spray Line Wet Well LS 1 $ 35,712.50 $ 35,712.50 8 Spray Line Valve Vault LS 1 $ 6,617.50 $ 6,617.50 Totals $ 189,705.00