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Item #07 Approval of Lift Stations #14, #21, #27 Wet Well Re-Pipe and Appurtenance ReplacementIS4 X 34*01 , ()C oe(> Florida AGENDA ITEM COVER SHEET Meeting Date: May 6,2014, 2014 Item # Reviewed By: Contact Name: Charles K. Smith, P.E. Department Director: Cha Contact Number: 407 - 905 -3159 City Manager: Robert Frgd Subject: Lift Stations #14, #21, #27 Wet Well Re -Pipe and Appurtenance placement Background Summary: The City of Ocoee's sewage collection system utilizes lift stations to collect and pump raw sewage from various areas of the City to the wastewater treatment plant. These lift stations contain pumps, piping and valving of various size. The majority of lift stations installed in Ocoee before 2012 utilized ductile iron pipe and fittings inside and directly downstream of the lift station. Over a period of years, depending on the corrosiveness of the wastewater being pumped and atmospheric conditions inside the wet well, the ductile iron pipes and fittings deteriorate and fail. Failure of these pipes, fitting cause sewer service outages, and raw wastewater discharges. In response to this problem, the City's Wastewater Engineering Standards have recently been revised to replace ductile iron piping associated with lift stations wet wells to high- density polyethylene piping (HDPE). This piping is nearly immune to the corrosive nature of lift station and sewage environments. The Utilities Department's Lift Station ten (10) Year Maintenance Plan identifies and prioritizes sanitary manhole and lift station rehabilitation. This work encompasses preventative and corrective maintenance issues for all 61 of the City's lift stations. Prioritization is based on; condition of piping / valving, previous failures history, daily volume of sewage pumped and critical nature of station. There are three (3) lift stations identified and approved in the City's Fiscal Year 2013 -2014 Lift Station Maintenance Program for wet well re- piping and appurtenance replacement. The City of Clermont has a current contract with Danus Utilities under Request For Bids (RFB) #11 -015 Sanitary Sewer Manhole and Lift Station Rehabilitation. This RFB encompasses the same work described in this staff report. The City of Ocoee has "piggy backed" off this contract in the past. Danus Utilities and the City of Clermont has agreed to extend these prices to the City of Ocoee for this project. This contract was executed on July 12th, 2011 and is good for an initial three (3) year period with an additional three (3) - one (1) year extensions. Currently the Clermont RPB #11 -015 contract is scheduled to expire July 12th, 2014. If approved, lift station #14, #21 and #27 work would be completed by the May 31 2014. A second proposal was obtained to validated Danus contract with Clermont. Hinterland Group's cost to perform the work total was $74,951.00 exceeding Danus total by $10,951.00. Issue: Should the commission authorize the City Manager to cause the annual maintenance and repairs to Lift Stations #14, #21, #27 by Danus Utilities utilizing (piggybacking) Danus' continuing maintenance contract with Clermont (RFB #11 -015 Sanitary Sewer Manhole and Lift Station Rehabilitation). Recommendations Motion to authorize City Manager to cause the annual maintenance and repairs to Lift Stations #14, #21, #27 using Danus Utilities utilizing (piggybacking) Danus' continuing maintenance contract with Clermont (RFB #11- 015 Sanitary Sewer Manhole and Lift Station Rehabilitation) in the amount of $64,000.00. Attachments: Proposal from Danus Utilities Executed Clermont RFB #11 -015 Sanitary Sewer Manhole and Lift Station Rehabilitation Hinter Land Group INC. Quotes Financial Impact: The Utilities Department's 2013/2014 budget included $54,000.00 (407- 535 -00 -6302 R &R) for the piping maintenance and $12,000.00 (401- 535 -10 -5233 Line & System Appurtenances) for appurtenance work. The maintenance work for the three stations totaled $51,600 leaving $3,400 unspent. The appurtenance work totaled $12,400.00 that exceeds budget amount by $400.00. There is sufficient fund is 535 -10 -3400 (Contractual Services) to cover the overage. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by () N/A N/A N/A 2 Q UOTE # 071974 -7R Date: 4/4/2014 Company: City of Ocoee Attention: Tom King JOB NAME: Lift Station 14 E -mail: Tom.King(a)Ocoee.orq CUC # 1224744 PO Box 291671- 32129, Port Orang, FL 32128 Phone: 386- 233 -5588 _email: danus1 a cfl.rr.com QYT I Lift Station 14 TOTAL 1 Bid Item 10.a By -pass 8" sewer set up (Re -pipe) 2 Bid Item 10.d Sewer By -pass 4" Pump (Re -pipe) 2.00 BID ITEM 11.a / Furnish & Install 4" Pump Base (Re -pipe) $800.00 $800 $600.00 $1,200.00 $2,750.00 $5,500.00 2.00 BID ITEM ALT 1.a / Furnish & Install HDPE riser, bracket & base plate, checks and valves through valve vault. (Re -pipe) $3,500.00 $7,000.00 2.00 BID ITEM ALT 1.a / Furnish & Install checks and valves through valve vault (Appurtenance Replacement) $2,000.00 $4,000.00 1 Bid Item 22.a / Drain & Clean wet well 6' -0" (Re -pipe) $1,000.00 $1,000.00 'Pricing based on City of Clermont Annual Contract * ** Variations in piping configuration, specifications and scope of work cause the bid items to be adjusted by using a multiplier either greater than or less than 1 to fit the scope required to complete the job as discussed on site. TOTAL $19,500.00 Note: Permitting by others. Scope of Work for Danus Utilities: Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature Raymond Rogers 1' O UOTE # 017914 -3R Date: 4/4/2014 Company: City of Ocoee Attention: Tom King JOB NAME: Lift Station 21 E -mail: Tom.Kinq(a)ocoee.orq CUC # 1224744 PO Box 291671- 32129, Port Orang, FL 32128 Phone: 386- 233 -5588 email: danus1(a)cfl.rr.com QYT Lift Station 21 TOTAL 2.00 BID ITEM 10.a / By -pass 8" Set Up (Re -pipe) $600.00 $1,200.00 3 Bid Item 10.d / Sewer by -pass 4" pump (Re -pipe) $600.00 $1,800.00 2 BID ITEM 11.a / Furnish & Install pump base 4" (Re -pipe) $2,750.00 $5,500.00 2.2 BID ITEM ALT 1.b / Furnish & Installed HDPE riser pipe, bracket and base plates (Re -pipe) $4,000.00 $8,800.00 2.2 BID ITEM ALT 1.b / Furnish —& Installed checks and valves through vault (Appurtenance Replacement) $2,000.00 $4,400.00 1 Bid Item 22.b / Drain & Clean Wet Well 8' -0" (Re -pipe) $1 ,250.00 $1,250.00 'Pricing based on City of Clermont Annual Contract — Variations in piping configuration, specifications and scope of work cause the bid items to be adjusted by using a multiplier either greater than or less than 1 to fit the scope required to complete the job as discussed on site. TOTAL $22,950.00 Note: Permitting by others. Scope of Work for Danus Utilities: Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature Raymond Rogers 386- 882 -6200 O UOTE # 011914 -2R Date: 4/4/2014 Company: City of Ocoee Attention: Tom King JOB NAME: Lift Station 27 E -mail: Tom. King(a�ocoee.org CUC # 1224744 PO Box 291671- 32129, Port Orang, FL 32128 Phone: 386- 233 -5588 email: danus1(abcfl.rr.com QYT I Lift Station 27 T TOTAL 2 Bid Item 10.a / By -pass 8" Sewer Set up (Re -pipe) $800.00 2 Bid Item 10.d / Sewer By -pass 4" Pump (Re -pipe) $600.00 2.00 BID ITEM 11.a / Furnish & Install 4" Pump Base (Re -pipe) $2,750.00 $ $ $5,500.00 2.00 BID ITEM ALT 1.b / Furnish & Install HDPE riser, bracket & base plate (Re -pipe) $4,000.00 $8,000.00 2.00 BID ITEM ALT 1.b / Furnish & Install checks and valves through valve vault (Appurtenance Replacement) $2,000.00 $4 , 000.00 1 Bid Item 22.b Drain and Clean Wet Well 8' -0" (Re -pipe) $1 ,250.00 $ — Pricing based on City of Clermont Annual Contract * ** Variations in piping configuration, specifications and scope of work cause the bid items to be adjusted by using a multiplier either greater than or less than 1 to fit the scope required to complete the job as discussed on site. TOTAL $21,550.00 Note: Permittinq by others. Scope of Work for Danus Utilities: Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature CONTRACTOR AGREEMENT SANITARY SEWER LIFT STATION REHABILITATION THIS AGREEMENT, made and entered into this /a . day of -;1 2011, A.D., by and between the City of Clermont 685 West Montrose Street, Cl ont, Florida (hereinafter referred to as "OWNER "), and DANUS UTILITIES, INC. 6214 Tortosie Creek Lane, Port Orange, FL 32128 (hereinafter referred to as "CONTRACTOR "). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the bid documents and specifications entitled: RFB NO. 11 -015 Sanitary Sewer Manhole and Lift Station Rehabilitation as prepared by Owner and its agents shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. The scope of work hereunder only applies to and includes the Lift Station Rehabilitation Services as provided in the Contract Documents. ARTICLE II - THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract as set forth in the contract documents and the Schedule of Values, attached hereto and incorporated herein as Exhibit "A ", in lawful tender of the United States. ARTICLE III - TERM, COMMENCEMENT AND COMPLETION OF WORK This Agreement is to become effective upon execution by both parties, and shall remain in effect for a three years (3) year term, unless terminated as provided for herein. Additionally, the parties agree that the term may be extended upon mutual agreement for periods of one (1) year, but such option to extend may only be utilized three (3) times unless authorized by the City Council for additional extensions. 2 The term of any task authorization, as described in this Article shall be as set forth in such task authorization, and all of the terms and conditions of this Agreement shall survive until completion of all task authorizations. 3. It is expressly understood and acknowledged that nothing herein shall obligate or guarantee to CONTRACTOR any agreement or task authorization and CITY expressly reserves the right to exercise its option to issue any such agreements to any qualified firm or entity in accordance with all applicable laws, ordinances, policies and/or regulations. 4. The CITY shall make request of CONTRACTOR for the services contemplated herein by providing to CONTRACTOR, verbally or in writing, a general description of the task to be performed. The CONTRACTOR will prepare a performance and costs schedule based on the pricing and costs schedule attached hereto and incorporated herein as Exhibit "A" and provide the written performance and costs schedule as a "Task Authorization" to the CITY. The Task Authorization shall be in the form attached hereto and incorporated herein as Exhibit `B ". If a site visit by CONTRACTOR is needed to generate the Task Authorization, CONTRACTOR shall request approval prior to visiting the site. The CITY will review the proposal, and if the description is mutually acceptable, the parties will enter into a written "task authorization ". The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in each individual task authorization to be issued hereunder as prepared by CITY. All work shall be performed in accordance with any special conditions contained in the task authorization and the Contract Documents. 5. CONTRACTOR shall not be authorized to proceed until the CITY has issued a Notice to Proceed to the CONTRACTOR. Upon receipt of the signed Task Authorization and a Notice to Proceed from the CITY, the CONTRACTOR shall perform the services set forth in the task authorization. 6. The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within the time period set forth in the Task Authorization. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified and accepted by the OWNER as sufficiently complete, in accordance with the Contract Documents. 7. The CONTRACTOR shall prosecute the work with faithfulness and diligence. 8. The CONTRACTOR further declares he has examined the sites of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such sites are correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the OWNERS Public Services Project Manager and his decision shall be final and binding upon all parties. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and /or the Drawings and Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and /or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 9. If required, As -built drawings and warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. ARTICLE IV - LIQUIDATED DAMAGES It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER the sum of TWO HUNDRED FIFTY DOLLARS ($250.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein to Owner within fifteen (15) days of receipt of Owner's written demand for such payment. 2. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE V - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: I . CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the OWNER for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10 %) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment, including any retainage amount, on account of this Contract shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. ARTICLE VI - ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE VII — DISPUTE RESOLUTION - MEDIATION Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. The Owner and Contractor shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VIII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The Contractor shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. 2. Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Owner's and Contractor's Protective Liability Insurance - The Owner shall procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability & $1,000,000 each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6. Broad Form Property Damage Coverage, Products & Completed Operations Coverages - The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7. Contractual Liability Work Contracts - The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Agreement. 8. Indemnification Rider (a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemnification provided herein. ARTICLE IX - NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Danus Utilities, Inc. Attn: Dan J. Pardus 6214 Tortoise Creek Lane Port Orange, FL 32128 OWNER: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE X — MISCELLANEOUS Attorneys' Fees In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by contractor. 6. Assignment This agreement is personal to the parties hereto and may not be assigned by contractor, in whole or in part, without the prior written consent of city. 7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. Applicable Law This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records Contractor expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. Contractor expressly agrees that it will comply with all requirements related to said law and that it will hold city harmless for any such disclosure related to Florida's Public Records Law. ARTICLE XI - CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: Contract Agreement 2. Technical Plan and Specifications 3. All documents contained in RFP No.: 11 -015 Sanitary Sewer Manhole and Lif Station Rehabilitation and CONTRACTOR's June 9, 2011 response thereto, including any all addenda or amendments thereto. 4. Instructions to Bidders 5. Drawings 6. Payment and Performance Bonds Ili? WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of —T 2011. Tracy Ackroyd, City Clerk D .. es, Inc. Dan . Pard resident Attest: Corporate Secretary (Name Printed or Typed) City of Clermont r SECTION — C ' 9 Lift Station Suiface Rehabilitation by Cems ntitious Lining (coating for naw top slat; & removed shelf area) S.F. $30.00 10.a Bypass 8" Setter Setu,,- Each $800.00 10.b Bypass 10" to 12" Sewer Setup Each $200.00 i 0.c Bypass '5" to 18" Sewer Setup Each $200.00 10.d Sewer Bypass 4" M=p Par Day $600.00 10.e Sewer Bypass 6" Pump Per Gay $325.00 1 1 G.f Sawer Bypass 8" Pump -Per Day $700.30 i 1 'i.a Furnish and Install Pump Bass — 4 „ Each Fur!ilsh and Install rump Easa — 6' Each $2,750.00 11.b $2,500.00 Ti.c Pumish and Install Pump Base — 8" Each $3,050.00 12.a ; Re- Construct Lift Stat?on :•fillet — 6' Diameter Each $500.00 12.b Re- Construct Lift Station Fillet — 8' Diameter Each $600.00 i 12.c f Rte- Construct Lift Station F€ €fiat —'_• 0' Gjamete- Each $70G.00 13 i R.ernoval of Existing Coating S.E. $10.00 Remove and Replace Existing Piping and Valves within Existing Submersible Lift Station through Existing Valve Each $5,500.00 Vault — 4" (price per each riser) Remove and Replace Existing Piping znd Valves within I 14.o. Existing Submersible Lift Station through Existing Valve Each $5,500.00 Vault — 6" (price per each riser) Remove and Replace Existing Piping and Valves within 14.c ' Existing Submersible Lift Station through Exist'ng Valve � Eech $6,050.00 ; Vault 8" (price per each riser) 15'e Furnish and Instal' 6' -0" top s)ab ,. €th 35" x 49" hatch with Each i $3,300.00 Safety Grate ! RPS No-, ".1 -015 SEC'T'ION — C PRICE SCHEWLE ?5.b Furnish and Instal. 8' -0" #o slab with 36" x 4S" hatch with p Each Safety Grate $3,600.00 15.a Furnish and insta i 5'r, 5' valve box with 48" x 48" ; Hatch Each $5,700.00 i Furnish and install 6'x 6' •; box with 48" x 48" 18.5 i Hatch Each $7,4110.00 17.a Temporar; Bypass Riser — 4" Each $2,950.00 17.b Temporary Bypass Riser — 6' Each $3,000.00 ! 17.c Temporary Bypass Riser — 3" E-:ch $3,000.00 13.a Remove concrete shall' in wet well — 6' -0" Each $400.00 18.b Remove concrets shelf it ,,vet well — E'-G" Each $600.00 13.a 2" SS Duai Guide rails uvit:h braw;ets — i 0' to '.5' ' Each $1,600.00 l 19b 2" SS Dual Guide rails with brackets —15' tr 20' Each $2,200.00 20 Furnish and inst<:ii 3" Grain Each $600.00 2 1 ' Furnish ano install SCH -80 PVC 'lent — 4" Each $250.00 22.a , Drain end Clean Wet .i/all — 6'-0" Each $1,000.00 22.b ' Drain and Clean V.1et Well — 8' -0" Each $1,250.00 23.a I Ccnnect Lift Statior: Piping to Existing Fcrce Main. — .'" Each I $2,250.00 23.b I Connect Lift Station P!ping to Existing Force ;diair. — 6" Each 1 $1,500.00 123.c i Connect Lill Station Piping to Existing Force twain — 3" 1 Eachh $1,000.00 i No: s1 -015 SECTION — vU PRICE SCHEDULE Fuirnish and Install HDPE Miser Pipe, Bracket and Base r ALT Plate in Mace of Ductile I.-on Riser and Fitting or Bid Item .a 414.a — 4" (T price will be either added if more or Each $5,500.00 f subtracted if less from orr nal base bid price`" I Furnish and! nstall HOPE Riser Pispa, Braci.et and Base ! } ALT Plate in Place of Ductile Iron Rise, and Fitfing cn Did Iterr, Eacb � $6,000.00 1.b I #14.b — v"" (This price will be either added if mote or subtracted is less from original base bid ,price) s } + unnisn and install HOPE Rise, i ipe, Bracket and Base � I i IAL.T i Pl ate in Place of Ductile iron Risers and Fittlrg on Bid item � Each $$ ' 900.0© 1.c #14.c — 8" (This price Y 'ri vill be either added more or I subtracted if less from original base bid price) RFB No: 11 -015 EXHIBIT B TASK AUTHORIZATION FOR AGREEMENT BE71`WEEN THE CITY OF CLERMONT FLORIDA AND DANUS UTILITIES, INC. This Task Authorization is by and between DANUS UTILITIES, INC. 6214 Tortoise Creek Lane, Port Orange, Florida 32128, hereinafter referred to as "CONTRACTOR" and the CITY OF CLERMONT, hereinafter referred to as "CITY" and is to that certain agreement between the parties dated '1, o and any amendments thereto, hereinafter collectively referred to as "the AgreemeNy. The Parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This agreement expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Task Authorization shall prevail. 2. In addition to all other terms and conditions contained in the Agreement, CONTRACTOR shall provide services relating to as more particularly described in the Scope of Services attached hereto and incorporated herein as Task Authorization Exhibit "A ". In consideration for, and upon, the satisfactory completion of said services, the CITY shall pay to CONTRACTOR the amount set forth in Task Authorization Exhibit "B" attached hereto and incorporated herein. 3. CONTRACTOR shall complete the services to be provided herein within days of the date of issuance of a Notice to Proceed by CITY. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes herein expressed on the dates set forth below. CITY OF CLERMONT Attest: urvill4Jrayor Tracy Aekroyd, ty Clerk Date: f cR , acla __ Corporate Secretary (Name Printed or Typed) SECTION — B STATEMENT OF WORK PART 1: GENERAL A. These specifications shall govern all labor, material, equipment and appliances necessary for sanitary sewer manhole and lift station rehabilitation for the purpose of eliminating infiltration and inflow, providing corrosion protection, repair of cracks and voids and restoration of the structural integrity of the manhole/ lift stations as a result of the application of a monolithic fiber - reinforced structural /structurally enhanced pure calcium alimunate cementitious liner to the wall, ceiling and bench surfaces of concrete, brick or any other masonry construction material. Including lift station piping rehabilitation as detailed in specifications. 1.02SUBMITTALS A. Submit manufacturer's material data and application and installation instructions for all products used for approval prior to use. B. Provide documentation that the proposed manhole /lift station rehabilitation process has a minimum three (3) year history/experience for reconstruction of sanitary sewer manholes and lift station on projects of similar size and scope (SEE PART 4, MINIMUM QUALIFICATIONS AND REQUIREMENTS). 1.03QUALITY ASSURANCE A. Use, mix, apply and cure all products in accordance with the manufacturer's recommendations and instructions. B. Install all products in accordance with the manufacturer's recommendations and instructions. PART 2: PRODUCTS 2.01 MATERIALS A. Patching Mix: 1. A quick- setting, fiber - reinforced, calcium aluminate -based cementitious material for patching and filling voids and cracks. B. Infiltration Control Mix: 1. A rapid - setting cementitious product specifically formulated for infiltration control. RFB No: 11 -015 Page 9 of 41 SECTION — B STATEMENT OF WORK C. Grouting Mix: 1. A rapid - setting cementitous grout specifically formulated for stopping very active infiltration and filling voids. 2. A rapid setting chemical grout specifically formulated for stopping very active infiltration. D. Liner Mix: 1. A fiber - reinforced pure -fused calcium aluminate cement and calcium aluminate aggregate to be wet mixed and low pressured spray applied to form the structural /structurally enhanced monolithic cementitious liner covering all interior manhole surfaces. Liner material to be SewperCoat, Strong Seal, Parson CA Liner + Cement Plus, Maximum CA + Cement. No substitutions will be allowed. 2. Materials shall be pre -mixed and specially formulated to withstand H2S (hydrogen sulfide) bacterial corrosion and abrasion in sewer networks. 3. The products mentioned above must be accompanied by a certified letter from the manufacturer and a letter from the contractor for a 10- year warranty. E. Bonding Compound: Material shall be modified cementitious bonding compound that protects exposed reinforcement steel and enhances bond of overlay to substrate. F. Water: Water shall be clean and potable and shall be provided by the city at designated fill stations. PART 3: EXECUTION 3.01 PREPARATION A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines. B. Remove foreign, loose and unsound concrete and masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical tools for removal. RFB No: 11 -015 Page 10 of 41 SECTION — B STATEMENT OF WORK C. Clean the interior surfaces of the manhole /lift station with high pressure (3,500 psi minimum) water spray, using detergent, muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other contaminants that would prevent good bond between the existing manhole interior surface and the liner material. D. Active hydrostatic leaks (infiltration) shall be stopped using the rapid - setting specially formulated infiltration control mix. E. Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid- setting grouting mixes specially formulated for control of very active infiltration. F. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in accordance with the product manufacturer's instructions and recommendations. G. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance with the product manufacturer's instructions and recommendations. H. Areas of manhole /lift station that are found to be structurally damaged and in need of repair beyond the scope of this specification shall be brought to the attention of the Director. A suitable repair method shall be developed for each area and submitted to the Director for review prior to commencing the repair. I. Prepare, clean and repair manhole /lift station benches and inverts in the same manner as prescribed above. 3.02 LINER APPLICATION, CURING AND TESTING A. Prepare manhole /lift station surfaces, wet batch -mix liner materials low pressure spray apply liner mix to the manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product manufacturer's instructions and recommendations. B. Liner application shall be 1/2" for manholes and 1" for wet wells minimum thicknesses. The application shall be completed with a minimum of two coats. The first coat shall be applied at a thickness adequate to cover the substrate and be trowled to compact the material into voids and set the bond. The second coat shall be applied to ensure complete coverage at the specified thickness. RFB No: 11 -015 Page 11 of 41 SECTION — B STATEMENT OF WORK C. Inverts shall be lined with patching mix, trowl applied in one coat to a 1" minimum thickness. D. Prepare, label and submit recommended daily or per lot test specimens for testing. 3.03 CLEANING A. Clean manhole /lift station interiors and remove all construction - related materials, equipment and appliances from the manhole /lift station prior to reinstatement to service. 3.04 LIFT STATION REHABILITATION A. By -pass pumps must be sound attenuated and meet the minimum flow requirements for each station. The system shall have a second pump tied in and ready in case the primary pump fails. The system shall be monitored 24 hours a day by remote dialer and contractor personnel. The contractor is responsible for emergency calls day and night while it is on by -pass pumps. By -pass system shall be tested to ensure proper operation. The city must witness the testing and sign off prior to starting rehabilitation. By -pass requirements (Minimum): LS 5 148 GPM @ 98 TDH force main pressure with pumps on is 38 LS 7 328 GPM @ 41 TDH force main pressure with pumps on is 15 LS 16 152 GPM @ 82 TDH force main pressure with pumps on is 35 LS 17 180 GPM @ 95 TDH force main pressure with pumps on is 38 LS E -21A 196 GPM @ 29 TDH force main pressure with pumps on is 29 B. Temporary pump out riser will need to be installed first and may be left as the emergency pump out. The city will help determine that best location of this for both parties. The riser shall consist of a flanged P -401 spool corning up above grade, flanged P -401 90, MJ P -401 Tee, two MJ gate valves with valve boxes and all necessary restraint devises. A flanged aluminum male cam - lock and dust cap with a 4" flanged % turn plug valve should be installed on the elbow after job is completed. RFB No: 11 -015 Page 12 of 41 SECTION — B STATEMENT OF WORK C. The contractor is responsible for the removal of pumps, pipes, valves and concrete shelf. The city will disconnect the pump leads, remove floats and transducer. The pumps are to be given to the city after removal. All other materials are to be hauled and disposed of by the contractor. D. Installation of base elbows shall be per manufacturers' specifications. The bases shall be Flygt dual rail design. Existing pumps will need the top bolt on guide rail bracket. Guide rails shall be 2" stainless steel w ith a stainless guide rail bracket. Any modification to the existing floor or fillet for proper installation shall be included in pricing. E. Ductile Iron pipe and fittings shall be P -401 lined. All flanged connections shall have 316 stainless steel nuts & bolts. The use of an anti seizing compound is required on all bolts_ F. Existing top slab will be removed. The new top slab shall be for a 6' -0" ID wet well 8" thick and have an aluminum 36" x 48" hatch opening. Hatches shall have fall protection grate installed (Retro Grate or approved equal). The hatches shall be positioned in the correct offset dimension per the manufacturer. G. Install a new 5' x 5' ID concrete valve box with a 48" x 48" aluminum double door hatch. Drain hole shall be on the side facing the wet well. Valve box floor shall be slope to ensure proper draining. There shall be 4 adjustable stainless steel pipe supports under the piping. H. The 3" drain pipe shall have a p -trap between the wet well and valve box. Inside the wet well install an elbow and a vertical spring loaded check valve. J. Valves inside the valve box shall be Mueller, American, Clow, Dezurik, or Pratt. Check valves shall be flanged L/W type with rubber disc seal. Plug valves shall be flanged ' / 4 turn direct nut with 80% opening. K. Pressure gauges shall be installed on each discharge pipe downstream of the plug valve. The '/2" tap can be directly into the ductile iron pipe. Stainless steel nipples and ball valve shall be used to make the connection. Gauges shall be 4 -1/2" SS liquid filled with diaphragm. L. Vent cap shall be all SCH -80 PVC fittings. Use 4" elbows and Vanstone flanges with a SS screen between them. M. Use a 12' -0" average riser length for line item 14.a, 14.b, 14.c and alternate price for line item 1.a, 1.b, 1.c in Section C, Price Schedule of this RFB. RFB No: 11 -015 Page 13 of 41 SECTION — B STATEMENT OF WORK 3.05 ALTERNATE BID A. HDPE SDR -11 IPS pipe riser shall be factory butt fused. The riser shall have a flange adapter with SS backup ring, 90 elbow and enough pipe to go through the wall to the restrained coupling between the wet well and valve box. The height may be adjusted with one fusion coupling. The use of a SS stiffener is required at the MJ connection. B. A 316 stainless steel base plate must be used. Plates shall be at least 12" x 12" x' /2" thick (base plate to be used with HDPE only). C. Pipe bracing is required every 8 feet minimum. The first must be within 6 inches of the top elbow. The bracing must be 316 stainless steel, going from wall to wall behind the risers with a u -bolt holding the riser to the brace. All nuts shall be vinyl locking stainless steel. PART 4: MINIMUM QUALIFICATIONS AND REQUIREMENTS The installer SHALL have been engaged in the installation of Manhole and Lift Station System Rehabilitation Contracting Services for a minimum of Three (3) years and have rehabilitated a minimum of Five Hundred (500) sanitary sewer manholes and Fifteen (15) lift stations, in the State of Florida, utilizing a system that offers pure fused Calcium Aluminate. The installer SHALL include in their response a list of Ten (10) references, for which manhole, lift station, or wet well rehabilitation contracting services have been provided within the last Three (3) years. The reference list shall include the name of the company, contact person, telephone number, project duration, contract value and the number of manholes /lift station for each reference. The selected contractor will be responsible for knowledge of and compliance with all relative local, state and federal codes and regulations. For all work performed under this contract, the successful Contractor shall provide a competent job -site supervisor and any necessary assistants, all approved by the Utilities Department of City of Clermont. The job -site supervisor shall be present at all times while work is in progress. The job -site supervisor shall represent the Contractor at all times while all directions given him shall be binding as per the contract documents. The job -site supervisor shall have a minimum of Five (5) years experience in the rehabilitation of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a product that consists of a pure fused Calcium Aluminate Cementitious Liner. Failure to provide the minimum qualifications and requirements with the bid response as described in this section may result in bid being non - responsive. RFB No: 11 -015 Page 14 of 41 SECTION — B STATEMENT OF WORK PART 5: MEASUREMENT AND PAYMENT A. Payments to the Contractor shall be made on the basis of the units in Section C, Price Schedule as full and complete payment for furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the rehabilitation work of sewer manholes, lift stations, and wet wells by various trenchless methods as authorized by the City. The City will establish an annual renewable contract for these services with the successful bidders as described in this solicitation. The unit prices stated in Section C, Price Schedule include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work as shown on the details and specified herein. The Basis of Payment for an item at the price shown in Section C, Price Schedule, shall be in accordance with its description of the item in this Section and as related to the work specified. Unit prices will be applied to the actual quantities furnished and installed in conformance with the Contract Documents. B. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established in Section C, Price Schedule, the cost for that work shall be included in some other applicable item, so that the price for the item reflects the total price for completing the work in its entirety. No separate payment will be made for the following work if required and its cost shall be included in appropriate payment items: Applications and pulling of all utility and construction permits; Dewatering and disposal of surplus water; Structural repairs; Cleanup; Testing materials and apparatus; Maintenance of utility service; Appurtenant work; Inspection Photo Records; Maintenance of Traffic RFS No: 11 -015 Page 15 of 41 SECTION — B STATEMENT OF WORK The following paragraphs will clarify the work included for the items listed in the Section C, Price Schedule. MEASUREMENT Payment under this Contract for authorized work shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the City unless otherwise specified. The City will witness all field measurements. When depths are indicated in the bid items, they shall be measured vertically from the existing grade, paved or unpaved, to the pipe invert. It is intended that all work required to complete this Work will be included in the various bid items as described in the following paragraphs. CEMENTITIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION (1/2" thick minimum in manholes) This item of work will be measured and paid for at the unit price per vertical foot of 48 -inch or 60 -inch diameter of manhole wall named in Section C. Measurement will be made from the bench, at its highest point, to the upper limit of actually treated wall, cone or chimney. Payment of the unit price per vertical foot will provide complete compensation for cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into the manhole, if necessary; furnishing and supplying of all materials or combination of materials making up the patching and coating (waterproofing) and applying or installing them; manufacturer's representative's presence or assistance, if required; isolation of the manhole by plugging entering lines; testing; safety equipment; and all incidentals necessary to obtain a watertight, sealed manhole wall and bench, compete in place. Contractor will be responsible for the new coating that is applied only and not the existing coating. Payment for bypass pumping, if required (other than because of damage caused by Contractor); will be paid for under a separate item. 2. CEMENTITIOUS LINING OF LIFT STATION/WET WELL SURFACES (1" thick minimum in wet wells) This item of work will be measured and paid at the unit price per square foot of wall in a lift station or wet well. Measurement will be made on the actual surface area repaired. Payment of the unit price RFB No: 11 -015 Page 16 of 41 SECTION — B STATEMENT OF WORK per square foot will provide compensation for cleaning of the wall by both pressurized water and sand or soda media blasting methods; relief of hydrostatic pressure outside the structure if necessary; injecting chemical grout to stop active infiltration, if necessary; cleaning; surface preparation as specified herein; furnishing and supplying of all materials or combination of materials, including liner manufacture's representative's presence or assistance, if required; isolation of the lift station or wet well by plugging entering lines; testing; safety equipment for personnel; labor, tools and equipment; and all incidentals necessary to obtain a watertight, sealed wall and bench, compete in place. Contractor will be responsible for the new coating that is applied only and not the existing coating. 3. BYPASS PUMPING OF SEWERS a. BYPASS PUMP AND PIPING SETUP These pay items provide complete compensation for bypass pumping operations required for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to perform the rehabilitation sewer work without bypass pumping. However, if in the opinion of the City bypass pumping is necessary, it will be identified as a payment item. The pay item is a one -time charge for all bypass pumping setup operations during a given lining installation, including services, regardless of the number of pumps required. Bypass pumping shall be bid on the basis of sewer size which is bypasses. These items shall include, but are not limited to: all necessary and required traffic control; pumps; piping; gasoline /diesel fuel; maintenance; transportation and storage; temporary bypass and service piping; labor; materials and /or any other costs associated with bypass pumping. Plugging or blocking a sewer line shall be included in the appropriate bid item for which the flow must be stopped, this is considered incidental work and no additional payment shall be considered. b. BYPASS PUMP These items shall be paid for on a per day basis for operation of the bypass pumps. Bypass pump operation shall be on the basis of the size of the pump used. These items shall include fuel operating costs. RFB No: 11 -015 Page 17 of 41 SECTION — B STATEMENT OF WORK 4. ADJUSTING EXISTING MANHOLE CASTINGS These pay items provide complete compensation for furnishing all necessary labor, equipment and materials to adjust existing manholes to match existing elevations. 5. FURNISH NEW MANHOLE RING AND COVER This pay item provides complete compensation for furnishing new manhole ring and covers as specified by the City. 6. RECONSTRUCT BENCH AND FLOW CHANNEL This pay item provide complete compensation for furnishing all necessary labor, equipment and materials required to re- construct a complete bench and flow channel, as required per the City's minimum standards. 7. INSTALLATION OF CHIMNEY SEALS These pay items provide complete compensation for furnishing all necessary labor, equipment and material required to install manhole chimney seals. 8. REMOVAL OF EXISTING COATINGS These pay items provide complete compensation for furnishing all necessary labor, equipment and materials necessary to remove any existing coatings that may exist in full or any portion of an existing structure. 9. REMOVE AND REPLACE EXISTING PIPING AND VALVES These pay items provide complete compensation for furnishing all necessary labor, equipment and materials necessary to remove and replace all existing piping, check valves, plug valves and all miscellaneous materials required for this installation. This work will start at existing pump bases and will terminate prior to where discharge piping exits existing valve vault. All work shall comply with City of Clermont minimum standards. END OF SECTION — B RFB No: 11 -015 Page 18 of 41 SECTION — D EVALUATION PROCESS 1 — AWARD As the best interest of the City may require, the City reserves the right to make award(s) on a lowest price basis by group 1 pricing, group 2 pricing, or a combination thereof; with one or more respondents. The City reserves the right to reject any and all responses or waive any minor irregularity or technicality in responses. In addition to price the following shall be considered: 1. The ability, capacity and skill of the respondent to perform the work. 2. Whether the respondent can perform the work within the time specified, without delay or interference. 3. Experience and efficiency of the respondent. 4. The quality of performance of previous contracts. END OF SECTION — D RFB No: 11 -015 Page 23 of 41 SECTION - E TERMS AND CONDITIONS 1 — MODIFICATIONS/ WITHDRAWALS OF SUBMITTALS Prior to the solicitation due date, a respondent may change its response by submitting a new response with a modification letter replacing the original response. The modification letter must be in the company's letter head and signed by an authorized agent of the company. Modifications received after the response due date and time will not be considered. A solicitation may be withdrawn at any time prior to the solicitation due date by issuing a written notice. The written notice must be addressed to and received by the Purchasing Manager, prior to the solicitation due date. A solicitation may also be withdrawn after the solicitation due date but before recommendation of award, by submitting a withdrawal letter to the Purchasing Manager. The withdrawal letter must be on a company letterhead, signed by an authorized agent of the company, and address the reason(s) for the withdrawal after the solicitation due date. The City may, at its sole discretion, accept or deny any modification or withdrawal request. 2 — RESPONSE POSTPONEMENT / CANCELLATION / REJECTION The City may, at its sole discretion, reject any and all, or parts of any and all, responses; re- advertise this solicitation; postpone or cancel, at any time, this response process; or waive any irregularities in the solicitation or in any responses received as a result of this solicitation. 3 — CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made on writing by the City of Clermont. 4 — ADDENDA Any interpretations, corrections, or changes to this solicitation will be made by addenda. Sole issuing authority shall be vested in the City of Clermont Purchasing Division. Addenda will be sent to all who are known to have received a copy of this solicitation. If the addenda contain changes to the specification or solicitation form, prospective respondents shall acknowledge receipt of all addenda or they will be declared non - responsive. 5 — CONFLICTS WITHIN THE SOLICITATION Where there appears to be a conflict between documents, the order of precedence shall be as follows: 1. Any agreement of contract resulting from the award of this solicitation (if applicable). 2. Addenda released for this solicitation, with the latest addendum taking precedence. 3. The solicitation. 4. The awardees' response. It is incumbent upon the vendor to identify such conflicts to the designated purchasing representative prior to the response due date. 6 — MISTAKES Respondents are cautioned to examine all specifications, drawings, delivery instructions, unit prices, extensions, and all other special conditions pertaining to the solicitation. Failure of the respondent to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in the contract. In case of mistakes in extension, the unit price shall govern. Multiplication or addition errors are deemed clerical errors and shall be corrected by the City. 7 — TIE RESPONSES The award on tie responses will be decided by the Purchasing Manager in accordance with the provisions of the Purchasing Procedures. Please be advised that in accordance with Chapter 287.087, Florida Statutes, regarding tie responses. preference will be given to respondents certifying that they have implemented a drug -free workplace program. 8 — PAYMENT TERMS AND DISCOUNT Payment will be made by the City after commodities /services have been received, accepted and properly invoiced as indicated in contract and /or purchase order. Invoices must bear the purchase order, contract number, or both when available, and shall be submitted to the ordering department. Payment terms will be considered to be Net -30 days RFB No: 11 -015 Page 24 of 41 SECTION - E TERMS AND CONDITIONS after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified. If a contractor offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice at the office specified. 9 — DELIVERY Delivery time shall be calculated in calendar days from the issuance date of purchase order. Unless otherwise stipulated in the contract, delivery time shall be between 9:00 a.m. and 4:00 p.m. Eastern Standard Time, Monday through Friday except City Holidays. However, good required for daily consumption, or where the delivery is an emergency, or is overdue, the convenience of the City shall govern. If, in calculating the number of calendar days from the purchase order date, the delivery falls on a Saturday, Sunday, or City Holiday, delivery shall be made no later than the next business day. Unless otherwise specified in the solicitation, all prices shall be F.O.B. Destination. Freight shall be included in the price. Substitution of shipments of any kind will not be accepted. Respondents are expected to furnish the brand quoted in their response once awarded. Any substitute shipment will be returned at the respondent expense. 10 — INSPECTION & ACCEPTANCE OF TITLE Inspection and acceptance will be at destination unless otherwise provided in this solicitation. Title to /or risk of loss, or damage to all items, shall be the responsibility of the successful respondent until acceptance by the buyer /department. 11 — PACKAGING Unless otherwise stated in the Special Provisions, Pricing Section or Addenda, deliveries must consist only of new and unused goods and shall be the current standard production model available at the time of the response due date. The goods must be suitably packaged for shipment by common carrier. Each container or multiple units or items shall bear a label, imprint, or other legible markings stating the name of the manufacturer or supplier, purchase order number, and any other markings required by the specifications. 12 — SAMPLES Samples or inspection of product, may be requested to determine suitability after the solicitation due date and should be received within seven (7) working days of request. Samples of items, when required, must be furnished free of expense to the City. Samples, if not destroyed, will be returned upon request at the respondent's expense. Respondents will be responsible for the removal of all samples furnished within thirty (30) days after solicitation due date. All samples will be disposed of after thirty (30) days. 13 — QUALITY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this solicitation shall be new. The items must be new, latest model, of the best quality, and highest grade workmanship. 14 — NON-CONFORMANCE Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at respondent's expense. These items and items not delivered, as per delivery date in response or purchase order, may be purchased on the open market. Any increase in cost may be charged against the respondent. Any violation may result in respondent's name being removed from the vendor registration list and /or departments being advised not to do business with the respondent. 15 — TAXES The City of Clermont is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Successful respondent shall pay all applicable sales. consumer, land use, or other similar taxes required by law. The respondent is responsible for reviewing the pertinent Florida Statutes involving the sales tax and complying with all requirements. RFB No: 11 -015 Page 25 of 41 SECTION - E TERMS AND CONDITIONS 16 — CONTINGENCY FEES By submitting a response to this solicitation, the respondent certifies that no contingency fees (sometimes known as finder's fee) has been paid to any person or organization other than bona -fide employee working solely for the respondent to secure a contract pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment. 17 — OTHER GOVERNMENTAL ENTITIES With the consent of the respondent, other governmental entities may make purchases in accordance with the contract. Such purchases shall be governed by the same terms and conditions as stated herein. Prices shall be F.O.B. delivered to the requesting government entity. 18 — PUBLIC RECORDS Florida law provides that municipal records shall at all times be open for personal inspection by any person. Respondents are hereby notified that all information submitted as part of a response to this solicitation will be subject for public inspection upon award in compliance with Chapter 119.01, Florida Statutes. The respondent should not submit any information in response to this solicitation which the respondent considers proprietary or confidential. The submission of any information to the City, in connection with this solicitation, shall be deemed conclusively to be a waiver of any protection from release of the submitted information unless such information is exempt, or confidential, under Chapter 119.01, Florida Statutes. 19 — PROTESTS Any prospective respondent who wishes to protest the reasonableness or appropriateness of any required term or condition within this solicitation document, any addenda to this solicitation document, notice of award or notice of rejection, shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the City's issuance of the solicitation document or addenda. Any protest concerning the content of the solicitation received after that time will be dismissed as being untimely in nature. Any respondent who wishes to challenge any notice of award or notice of rejection shall do so within three (3) business days of the City's issuance of such rejection or award notice. Any protest must set forth the specific reason and facts concerning the protest of the solicitation or award. The written dispute shall be sent via certified mail or delivered in person to the City's Purchasing Manager, who shall administer the matter. Respondents are advised that any protest based exclusively on disagreement with the technical judgment of evaluators is subject to summary rejection unless there is any clear evidence of arbitrary or capricious action in that regard. 20 — RULES REGULATION LICENSING REQUIREMENTS Respondents are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered. Ignorance on the part of the respondent will in no way relieve it from responsibility for compliance. 21 — DEFAULT Failure or refusal of a respondent to execute a contract upon award by the City Council, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the respondent from the City's vendor list. 22 — CONFLICT OF INTEREST No contract will be awarded to a respondent who has City officials, officers or employees affiliated with it, unless the respondent has fully complied with current Florida Statutes and City Ordinances related to this issue. All respondents must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City. Further, all respondents must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10 %) percent or more in the respondent or any of its affiliates. Failure to disclose any such affiliation will result in disqualification of the response and prohibition of engaging in any future business with the City. RFB No: 11 -015 Page 26 of 41 SECTION - E TERMS AND CONDITIONS 23 — RESPONSIBILITY Before submitting responses, each prospective respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful respondent from any obligation to comply with every detail, provisions, and requirements of the solicitation and resulting contract documents. In addition, failure to make such investigations and examinations will not be accepted as a basis for any claims whatsoever, or any monetary consideration on the part of the respondent. 24 — RELATION OF CITY It is the intent of the parties hereto that the successful respondent be legally considered to be an independent respondent and that neither the respondent nor the respondent's employees and agents shall, under any circumstances, be considered employees or agents of the City. 25 — PRIME CONTRACTOR The respondent awarded a contract shall act as the prime contractor for all required items and services and shall assume all responsibility for the procurement of such items or services. The contractor shall be considered the sole point of charges and meeting all requirements of this solicitation. All subcontractors will be subject to advance review by the City in regards to competency and security concerns. After the award of the contract, no change in subcontractors will be made without the consent of the City. The contractor shall be responsible for all insurance, permits, licenses, and related matters for any and all subcontractors. Even is the subcontractor is self- insured, the City may require the contractor to provide any insurance certificates required by the work to be performed. 26 — COLLUSION Where two (2) or more related parties each submit a response for the same solicitation, such response shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submittal of such responses. Related parties shall mean respondents or the principals thereof which have a direct or indirect ownership interest in another respondent for the same contract or in which a parent company or the principals thereof of one (1) respondent have a direct or indirect ownership interest in another respondent for the same solicitation. Furthermore, any prior understanding, agreement, or connection between two (2) or more corporations, firms, or persons submitting a response for the same materials, supplies, services, or equipment, shall also be presumed to be collusive. Responses found to be collusive shall be rejected. Respondents which have been found to have engaged in collusion may be considered non - responsible, and may be suspended or debarred, and any contract resulting from collusion may be terminated for default. 27 — PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub - contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017 of the Florida Statutes, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a response to this solicitation, the respondent is certifying that it is eligible for award under this solicitation pursuant to Chapter 287.132 and 287.133 Florida Statutes. 28 — ASSIGNMENT Successful respondent shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment may constitute a default by the successful respondent. RFB No: 11 -015 Page 27 of 41 SECTION - E TERMS AND CONDITIONS 29 — INDEMNIFICATION The successful respondent shall be required to agree to indemnify and hold harmless the City and its council, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant contract. The successful respondent shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. 30 — TERMINATION FOR DEFAULT If through any cause, the successful respondent fails to fulfill in a timely manner or otherwise violate any of the covenants, agreements, or stipulations material to the contract, the City shall have the right to terminate the services remaining to be performed by giving written notice to the successful respondent of such termination. Termination for default shall become effective upon the date specified in the written notice. In that event, the City shall compensate the successful respondent in accordance with the contract for all services performed by the respondent prior to the termination date, net of any costs incurred by the City as a consequence of the default. The successful respondent shall not be relieved of liability to the City for damages sustained by the City by breach of contract by the respondent. The City may reasonably withhold payments to the successful respondent for the purposes of set off until such time as the exact amount of damages due the City from the successful respondent is determined. 31 — TERMINATION FOR CONVENIENCE The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful respondent of such termination, which shall become effective thirty (30) days following receipt by respondent of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the agreement is terminated by the City as provided in this section, the City shall compensate the successful respondent in accordance with the agreement for all services actually performed by the successful respondent and reasonable direct costs of successful respondent for assembling and delivering to City all documents. No compensation shall be due to the successful respondent for any profits that the successful respondent expected to earn on the balanced of the agreement. Such payments shall be the total extent of the City's liability to the successful respondent upon a termination as provided for in this section. 32 — TEMINATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 33 — FORCE MAJURE The parties will exercise every reasonable effort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force majure or other causes beyond their reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of nature, acts or omissions of the other party, Government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems, and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 34 — PERFORMANCE BONDS If a performance bond is required in Special Provisions, the contractor shall, within fifteen (15) working days after notification of award, furnish to the City a Performance Bond payable to the City of Clermont, Florida, in the face amount specified in Special Provisions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. RFB No: 11 -015 Page 28 of 41 SECTION - E TERMS AND CONDITIONS 35 — LIABILITY INSURANCE LICENSES AND PERMITS Where the successful respondent is required to enter or go into City of Clermont property to deliver materials, perform work or services as a result of an award, the respondent will assume the duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance. Successful respondent shall obtain, provide, and maintain during the term of the contract the types and amounts of insurance indicated in Section A "Insurance Requirements ". Insurance shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B +, VI, or higher rating in the latest edition of A.M. Best's insurance guide. Successful respondent(s) shall name the City of Clermont as an additional insured on all liability policies required as a result of an award. When naming the City of Clermont as an additional insured, the insurance company hereby agrees and endorses the policies, to state that the City will not be liable for the payment of any premiums or assessments. Successful respondent failure to procure or maintain required insurance program shall constitute a material breach of agreement under which City may immediately terminate the award or contract. All work performed shall comply with applicable County and municipal code requirements, as well as the Florida Building Code. The successful respondent shall be liable for any damages or loss to the City, occasioned by negligence of the respondent, agent, or any person the respondent has designated in the completion of the contract as a result of this solicitation. 36 — LAWS / ORDINANCES Respondents are expected to be familiar with and comply with all Federal, State, local and municipal laws, ordinances rules and regulations that may, in any way affect the services offered. Ignorance on the part of the respondent will in no way relieve it from responsibility for compliance. 37 — LITIGATION VENUE The contractual parties waive the privilege of venue and agree that all litigation between them in the State courts shall take place in Lake County, Florida and that all litigation between them in the federal courts shall take place in Central Florida. 38 — PATENTS AND ROYALTIES The contractor, without exception, shall indemnify, save harmless, and defend the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted or un- patented invention, process. or article manufactured or used in the performance of the contract. If the contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the response prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 39 — RECYCLE CONTENT In addressing environmental concerns, the City of Clermont encourages responses containing items with recycled content. When submitting a response containing items with recycled content, the respondent shall provide documentation adequate for the City to verify the recycled content. The city prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the solicitation, the City may give preference to responses containing items manufactures with recycled material or packaging that is able to be recycled. 40 — OSHA The respondent warrants that the product supplied to the City of Clermont shall conform in all aspects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended. The failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the respondent. END OF SECTION E RFB No: 11 -015 Page 29 of 41 NINTERLANUGROUP INC 5401 North Haverhill Road Suite 114 West Palm Beach, Florida 33407 Address City of Ocoee Estimate Date Estimate No. 01/31/2014 1227 Exp. Date Accepted By Accepted Date P.O. Number LS 27 Date A Quantity Rate Amount 01/31/2014 Removal and Replacement of Ex. piping and valves, 6" 2 12,000.00 24,000.00 Bypass by Hinterland. !/actor by city. Total $24,000.00 Accepted By Accepted Date I . HINTERLANI?GROUP INC. 5401 North Haverhill Road Suite 114 West Palm Beach, Florida 33407 Address City of Ocoee Estimate Date Estimate No. 01/31/2014 1225 Exp. Date Accepted By Accepted Date P.O. Number LS 21 Date Activi Quantity Rate Amount 01/3112014 01/31/2014 01131/2014 Removal and Replacement of Existing piping and valves, 6" Removal of Existing Coating Lift Station Wet Well Coating 2 460 460 12,000.00 3.00 13.55 24,000.00 1,350.00 6,371.00 Bypass by HG. Vactor by City. Total $31,751.00 Accepted By Accepted Date d r Is HINTERLAND GROUP INC. 5401 North Haverhill Road Suite 114 West Palm Beach, Florida 33407 Address City of Ocoee Estimate Date Estimate No. 01/31/2014 1229 Exp. Date Accepted By Accepted Date P.O. Number LS 14 Date Activity Quantity Rate Amount 01/3112014 Removal and Replacement of existing piping and valves, 4" 2 9,600.00 19,200.00 Total $ 19,200.00 Accepted By Accepted Date