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HomeMy WebLinkAboutAtlantic Pipe Services, LLC Piggyback Rider for Sewer Rehabilitation Services 2024 06 21PIGGYBACK RIDER FOR SEWER REHABILITATION SERVICES ATLANTIC PIPE SERVICES, LLC THIS "PIGGYBACK" RIDER AGREEMENT FOR SEWER REHABILITATION SERVICES ("Agreement") is made and entered into this 21 st day of June, 2024, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 ("City"), and Atlantic Pipe Service, LLC, a Florida limited liability company, whose address is 1420 Martin Luther King Blvd., Sanford, Florida, 32771 ("Contractor"). The City and Contractor agree as follows: 1. The Purchasing Policies of the City of Winter Springs allow for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to "piggyback" an existing government contract, without the need to obtain formal or informal quotations, proposals, or bids. The parties agree that the Contractor has entered into a contract with the City of Cape Coral, Florida, (the "Original Government Agency") said contract being identified as AGREEMENT FOR SEWER REHABILITATION SERVICES (Bid No 23-B-005), between the City of South Daytona, Florida, and Atlantic Pipe Services, LLC., dated April 11, 2023 (said original contract being referred to as the "Original Government Contract"). 2. The Original Government Contract, including all associated Contract Documents, Exhibits, and Attachments as defined in the Original Government Contract, is incorporated herein by reference and is attached as Exhibit "A" to this Agreement. The Invitation To Bid associated with the Original Government Contract, for No. 23-B-005, is incorporated herein by reference and is attached as Exhibit "B" to this Agreement. The Vendor's Response to the ITB No. 23-B-005 is incorporated in the Original Government Contract (Exhibit "A"). All terms and conditions set forth in the Original Government Contract (Exhibit "A") and Invitation for Bid (Exhibit "B") and Vendor's Response to the Invitation For Bid (Exhibit "A") are fully binding on the parties, and said terms and conditions are incorporated herein except to the extent expressly modified herein. 3. Notwithstanding the requirements that the Original Government Contract, Solicitation and Response, are fully binding on the parties, the parties have agreed to modify certain provisions of the aforementioned Contract Documents as applied to this Agreement between the Contractor and the City of Winter Springs, as follows: a. Notwithstanding anything in Exhibit "A" or Exhibit `B" to the contrary, the following terms shall be substituted throughout the Original Government Contract. All references to the "the City of South Daytona" shall be substituted with references to "City of Winter Springs." All references to the "City" shall refer to the City of Winter Springs. b. The term of this Agreement with the City of Winter Springs shall take effect on the date of execution by the City and Contractor ("Effective Date") and shall continue for an initial term of three (3) years. Upon the mutual written consent of both parties, the Agreement may be renewed for two (2) additional terms of two (2) years, irrespective of the Original Government Agency's decision to renew the Original Government Contract. The Agreement shall continue until all outstanding Purchase Orders issued prior to the expiration of this Agreement have been either completed or terminated. C. The pricing under the Original Government Contract shall remain firm throughout the duration of this Agreement. Price increases agreed to by the Original Government Agency after the Effective Date of this Agreement shall not be binding upon the City of Winter Springs unless an Amendment to this Agreement is properly executed by an authorized representative of the City of Winter Springs. Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 1 of 15 d. Order of Precedence. The Original Government Contract shall be amended to provide that the Contract Documents shall consist of: (1) this Rider; (2) the Original Government Contract, together with all exhibits, attachments, and duly executed amendments; and (3) Invitation To Bid No. 23-B-005 documents together with all addenda thereto issued by the Original Government Agency; (4) the Contractor's Response to ITB No. 23-B-005 and (5) any and all Specifications, Amendments, Purchase Orders, Change Orders, and/or Field Orders issued after the Effective Date of this Agreement by the City of Winter Springs. The order of precedence will be as follows in the event of a conflict among the Contract Documents: properly executed Purchase Orders, Change Orders, Field Orders, and Amendments issued after the Effective Date of this Agreement; this Rider; the Original Government Contract; Invitation for Bid for Original ITB No. 23-B-005 documents, with all addenda thereto; and the Contractor's Response to ITB No. 23-B-005. e. Insurance. The City shall be named an additional insured under the Contractor's commercial general liability, umbrella liability, and business auto policies. Certificate Holder address shall read: City of Winter Springs Attn: Finance Department 1126 East State Road 434 Winter Springs, FL 32708 The remainder of the insurance requirements presented in Exhibit "A" and Exhibit `B" shall be unchanged. f. Public Records. Section 20 of Exhibit "A" is amended to provide as follows. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: City Clerk, City of Winter Springs,1126 East State Road 434, Winter Springs, FL 32708 or City- Clerk-Department@winterspringsfl.org or (407) 327-6560. Section 20 is further amended to provide as follows. If Contractor fails to comply with this Section, and the City must enforce this Section, or the City suffers a third -party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor's failure to comply with this Article. Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 2 of 15 The remainder of the Section shall be unchanged. g. Project Price. The amount set forth in any individual Purchase Order entered into under this Agreement shall not exceed fifty thousand dollars ($50,000) without the prior authorization of the Winter Springs City Commission. The remainder of the Original Government Contract's price terms shall remain unchanged. h. Substantial Completion. The date of Final Completion of the Work shall be the date certified in writing by the City when (1) work is sufficiently complete, in accordance with the contract documents, so that the City can occupy or utilize the Work for its intended purpose, as expressed by the Contract Documents, and (2) any additional project - specific requirements or milestones for "Final Completion" identified in the general, special, or technical conditions or construction plans have been satisfied. i. Payment of Project Price i. Consent of the surety shall be provided with each progress payment application if a Performance and Payment Bonds are required. ii. The City may decline to make payment and may withhold funds should the Contractor fail to provide consent of the surety with the progress payment if a Performance and Payment Bonds are required. iii. Consent of the surety is required for final payment if a Performance and Payment Bonds has been accepted for a particular task. Performance and Payment Bond. The Contractor may be required to submit a Performance and Payment Bond prior to execution of any Purchase Order at the request of the City's Engineer. The Contractor shall be required to submit a Performance and Payment Bond prior to execution of any Purchase Order for any project exceeding a cost of $200,000.00, as required by Section 255.20, Florida Statutes. The Contractor shall utilize the Performance and Payment Bond forms attached to this Agreement as Exhibits "C" and "D". k. Miscellaneous. The following provisions are hereby added to or modified from the Original Government Contract. To the extent the terms and conditions below may conflict with terms and conditions contained in Exhibit "A," or `B," the terms and conditions as set forth below shall control. Notices to the City shall be delivered to: City Manager City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, FL 32708 Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 3 of 15 Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. ii. The City intends to avail itself of the benefits of Section 768.28, Florida Statutes, and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law, and the cap on the amount and liability of the City for damages, regardless of the number or nature of claims in tort, equity, or contract, may not exceed the dollar amount set by the legislature for tort. Service Provider agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person over two hundred thousand dollars ($200,000.00), or any claim or judgment or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. iii. Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. iv. The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, any cause of action filed hereunder shall be filed in Seminole County, Florida, for State actions and Orlando, Florida, for Federal actions. V. Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God, fire, flood, windstorm, explosion, riot, war, sabotage, strike (except involving Contractor's labor force), extraordinary breakdown of or damage to City's facilities, court injunction or order, federal and/or state law and/or regulation, or order by any other regulatory agency, provided that the prompt notice of such delay is given by such party to the other and each of the parties hereto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty (60) days or longer, either party may terminate this Agreement. Monetary damages will not be awarded to Contractor in the event of Force Majeure. vi. The Contractor shall seek prior written approval from the City for any necessary lane closure requests before closing, blocking, or barricading any lanes of traffic on roadways within the City. vii. The Contract shall be governed by the laws of the State of Florida. Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 4 of 15 vii. In addition to any indemnity obligation required in the Original Government Contract and for purposes of Contractor's indemnification obligation only, Contractor shall indemnify the City for claims made by the employees of Contractor against the City, and Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. 1. 1. Section 8 — Project Management — of Exhibit A is hereby modified to provide that the City of Winter Springs Project Manager, as needed, will be assigned on a project basis. m. Section 25 —Contract — of Exhibit B is hereby modified to strike all references to $25,000.00 and replace those references with $50,000.00. n. Section 26 —Contract Obligation — of Exhibit B is hereby modified to strike all references to $25,000.00 and replace those references with $50,000.00 o. Section 48 —Governing Law — is hereby modified to strike all references to the Code of Ordinances of the City of South Daytona and replace said references with the Code of Ordinances of the City of Winter Springs, Florida. The Code of Ordinances of the City of Winter Springs, Florida, is on file with the City Clerlc at City Hall, 1126 E. State Road 434, Winter Springs, Florida 32708 and at www.immicode,com/fl/winter springs/codes/code of ordinances. IN WITNESS WHEREOF, authorized representatives of the CITY and the CONTRACTOR have executed this Piggyback Rider to the Original Government Contract on the date below noted. P1lilip Hursh, Interim City Manager Date: G%Z(/Z� ATTEST: Gowan, City clerk ATLANTIC PIPE SERVICES, LLC Print Name. Print Title: President Date: 6/20/2024 Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 5 of 15 v mile sF i� i 1••; 0':_E EXHIBIT A ORIGINAL GOVERNMENT CONTRACT AND CONTRACTOR RESPONSE TO ITB NO.23-B-005 Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 6 of 15 Agreement for Services City of South Daytona and Atlantic Pipe Services LLC THIS Standard Agreement for Services (hereinafter this "Agreement") is made and entered into this 11th day of April 2023, by and between the CITY OF SOUTH DAYTONA, a Florida municipality, whose principal address is 1672 S. Ridgewood Avenue, South Daytona, Florida 32119 (hereinafter the "CITY") and Atlantic Pipe Services, LLC, a Florida Profit corporation, whose principal address 1420 Martin Luther King Jr. Blvd, Sandford, Florida 32771 hereinafter "CONTRACTOR"). The CITY and CONTRACTOR are collectively referred to herein as the "PARTIES." 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 South Daytona; and WHEREAS, the CITY has the full power and authority to enter into the transactions contemplated by this Agreement; and WHEREAS, CONTRACTOR is in the business of providing the equipment, materials, labor and other such service as identified in Exhibit "A" in the City of South Daytona and elsewhere in the State of Florida; and WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which CONTRACTOR operates; and WHEREAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies with regard to the use of the E-Verify system by their contractors and subcontractors. WHEREAS, CONTRACTOR was the successful bidder of a project competitively bid and identified as Invitation to Bid (Exhibit "A") for City of South Daytona which satisfies the CITY's Procurement Policy; and WHEREAS, CONTRACTOR agrees to provide such goods and services as more particularly described in this Agreement, as well as in any bid or quotation documents issued in connection with this project. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct, constitute a material inducement to the parties to enter into this Agreement, and are hereby ratified and made a part of this Agreement. 2. Description of Work. Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page I of 14 a. The CITY hereby retains CONTRACTOR to furnish goods and services as described in the Scope of Services, which is attached hereto as Exhibit "A" and incorporated herein by reference. Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in Exhibit "A" will be resolved in favor of the body of this Agreement. b. CONTRACTOR must provide all permits, labor, materials, equipment, and supervision necessary for the completion of the Scope of Services, unless specifically excluded. C. CONTRACTOR must also comply with, and abide by, all requirements as contained in any invitation to bid (ITB), request for proposals (RFP), request for qualifications (RFQ), bid specifications, engineering plans, shop drawings, material lists, or other similar documents issued for this project by the CITY, together with any addenda, hereinafter the "Bid Documents, as applicable." The Bid Documents, if applicable, are hereby incorporated into this Agreement by reference and are declared to be material part of this Agreement. 3. Provision of Services a. Scope: The CONTRACTOR hereby agrees to provide the proposed scope as identified in Exhibit "A." b. Manner and Place: The work shall be performed as outlined in Exhibit "A," in accordance with Standard Construction Details as required and in a manner as required by all current federal, state, county, fire, building, and land development codes, laws, ordinances and regulations, and with applicable permits and licenses per the City Code of Ordinance. Contractors shall not deliver goods or services without a written Purchase Order(s) or Notice to Proceed(s), signed by an authorized agent of the CITY. C. Time and Essence: CONTRACTOR acknowledges that time is of the essence for this Agreement. d. ,Authorization for Services: This Agreement standing alone does not authorize the purchase of any work or services or require the CITY to place any orders for work or service. Authorization for performance of services by the CONTRACTOR under this agreement shall be in the form of a written Notice to Proceed issued and executed by the CITY. The CITY reserves the right to contract with other parties for work and services contemplated by this Agreement, as determined in the CITY's sole and absolute discretion. 4. Term. a. This Agreement shall be for an initial Term of t The term of the contract shall be three (3) years, with the option for an additional two (2) two-year renewal periods, thereafter unless either party notifies the other party of intent not to renew, with such notice being given not less than sixty (60) days prior to the end of any annual term, or unless otherwise terminated as provided herein. 5. Payment. Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 2 of 14 a. The CITY agrees to compensate CONTRACTOR, for work actually performed under this Agreement, at the rate or basis described in Exhibit "A", which is attached hereto and incorporated herein by reference. CONTRACTOR must perform all work required by the Scope of Services, but in no event will CONTRACTOR be paid more than the negotiated amount set forth in Exhibit "A". b. Progress payments, if any, will be made as set forth in Exhibit "A". C. The CITY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR must, without additional compensation, correct and revise any errors, omissions, or other deficiencies in its work product, services, or materials arising from the error or omission or negligent act of CONTRACTOR. 6. Acceptance of work product, payment, and warranty. a. Upon receipt of a periodic work product, or notice that work has progressed to a point of payment in accordance with Exhibit "A" attached or the Bid Documents, if any, together with an invoice sufficiently itemized to permit audit, the CITY will diligently review those documents. When it finds the work acceptable under this Agreement the installment payment, found to be due to CONTRACTOR, will be paid to CONTRACTOR within thirty (30) days after the date of receipt of the invoice, unless another payment schedule is provided in Exhibit "A". CONTRACTOR warrants that the data utilized by CONTRACTOR (other than as provided by the CITY) is from a source, and collected using methodologies, which are generally recognized in CONTRACTOR's industry or profession to be a reliable basis and foundation for CONTRACTOR's work product. CONTRACTOR must notify the CITY in writing if it appears, in CONTRACTOR's professional judgement that the data or information provided by the CITY for use in CONTRACTOR's work product is incomplete, defective, or unreliable. CONTRACTOR guarantees to amend, revise, or correct to the satisfaction of the CITY any error appearing in the work as a result of CONTRACTOR's failure to comply with the warranties and representations contained herein. Neither inspection nor payment, including final payment, by the CITY will relieve CONTRACTOR from its obligations to do and complete the work product in accordance with this Agreement. 7. Termination. a. Termination at Will: This Agreement may be terminated by the CITY in whole or in part at any time without cause by the CITY giving written notice to CONTRACTOR not less than 30 days prior to the date of termination; provided, however, that in such event, neither party will be relieved from its rights or obligations of this Agreement through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. b. Termination for Cause: This Agreement may be terminated by either party for cause by the CITY or CONTRACTOR giving written notice to the other party not less than 10 days prior to the date of termination; provided, however, that in such event, neither party will be relieved from its rights or obligations of this Agreement Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 3 of 14 through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. 8. Project management. a. The Project Managers for this project are as follows. Any subsequent changes to the Project Manager for either party may be provided by notice as described in paragraph 8 below and does not require an amendment to this Agreement. b. CITY's Project Manager is: Steve ❑anskine, Public Works Director, 1770 Segrave Street, South Daytona, Florida 32119, sdanskine@southdaytona.org, 386-322- 3080. C. CONTRACTOR's Project Manager is: Matt Blais, Business Development Manager, 1420 Martin Luther King Jr Blvd, Sanford, Florida 32771, bduncanPatianticpine.us, 407-792-1360. 9. Notices. All notices to the parties under this Agreement must be in writing and sent certified mail to: a. To CITY: The City of South Daytona, Attention: City Manager, 1672 Ridgewood Avenue, South Daytona, Florida 32119; b. To CONTRACTOR: Atlantic Pipe Services, LLC, Attention: AIlan Cagle, 1420 Martin Luther King Jr Blvd, Sanford, Florida 32771 10. Insurance. a. CONTRACTOR must maintain such insurance as will fully protect both CONTRACTOR and the CITY from any and all claims under any Workers Compensation Act or Employers Liability Laws, and from any and all other claims of whatsoever kind or nature to the damage or property, or for personal injury, including death, made by anyone whomsoever, that may arise from operations carried on under this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them. b. The insurance coverage required by this Agreement must not be less than the amounts described in the Bid Documents. If the Bid Documents do not state an insurance requirement or the amount of insurance, then the amount of insurance required by this Agreement must not be less than: i. Workers' Compensation (unless exempt) with Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease; ii, Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project in the amount of $600,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, Agreement for Sewer Rehabilitation Seri ces, Bid 23-B-005 Page 4 of 14 operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at $100,000.00; iii. Commercial Automobile Liability Insurance with a limit of not less than $300,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos) and such policy shall be endorsed to provide contractual liability coverage; and iv. Fire damage liability shall be included at $300,000.00. C. CONTRACTOR must furnish the CITY with Certificates of Insurance, which are to be signed by a person authorized by that insurer to bind coverage on its behalf. The CITY is to be specifically included as an additional insured and loss payee on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate must be issued 30 days prior to the expiration date. The policy must provide a 30 day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the CITY before commencement of any work activities. d. The insurance coverages procured by CONTRACTOR as required herein will be considered as primary insurance over and above any other insurance, or self- insurance, available to CONTRACTOR, and any other insurance, or self-insurance available to CONTRACTOR will be considered secondary to, or in excess of, the insurance coverage(s) procured by CONTRACTOR as required herein. 11. General Provisions. CONTRACTOR must comply with the following general provisions: a. Bond. if a surety bond has been required by the Bid Documents for CONTRACTOR's faithful performance and payment, and if at any time the surety is no longer acceptable to the CITY, CONTRACTOR must, at its expense, within five (5) days after the receipt of notice from the CITY to do so, furnish an additional bond or bonds in such form and with such Surety or Sureties as are satisfactory to the CITY. The CITY will not make any further payment to CONTRACTOR, nor will any further payment be deemed to be due to CONTRACTOR, until such new or additional security for the faithful performance of the work is furnished in a manner and form satisfactory to the CITY. b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 5 of 14 C. Personal nature of Agreement; Assignment. i. The parties acknowledge that the CITY places great reliance and emphasis upon the knowledge, expertise, training, and personal abilities of CONTRACTOR. Accordingly, this Agreement is personal and CONTRACTOR is prohibited from assigning or delegating any rights or duties hereunder without the specific written consent of the CITY. ii. If CONTRACTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, CONTRACTOR must obtain the written approval of the CITY Project Manager prior to engaging such subcontractor or professional associate. CONTRACTOR will remain fully responsible for the services of any subcontractors or professional associates. d. Discrimination. i. CONTRACTOR shall not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall not exclude any person, on the grounds of age, ethnicity, race, religious belief, disability, national origin, or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement. ii. CONTRACTOR shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. e. Independent contractor. i. CONTRACTOR is, and will be deemed to be, an independent contractor and not a servant, employee, joint adventurer, or partner of the CITY. None of CONTRACTOR's agents, employees, or servants are, or will be deemed to be, the agent, employee, or servant of the CITY. None of the benefits, if any, provided by the CITY to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from the CITY to the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Agreement. Although CONTRACTOR is an independent contractor, the work contemplated herein must meet the approval of the CITY and is subject to the CITY's general right of inspection to secure the satisfactory completion thereof. CONTRACTOR must comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to CONTRACTOR, or to CONTRACTOR's business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 6 of 14 operations. The CITY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of CONTRACTOR. ii. CONTRACTOR will bear all losses resulting to it on account of the amount or character of the work, or because of bad weather, or because of errors or omissions in its contract price. iii. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize, the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR and any subcontractors during the Term of this Agreement. f. Indemnification. i. CONTRACTOR must indemnify and hold the CITY harmless against and from any and all claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses, including attorney's fees and court costs, incurred by the CITY, or its agents, officers, or employees, arising directly or indirectly from CONTRACTOR's performance under this Agreement or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses arising out of any accident, casualty, or other occurrence causing injury to any person or property. This includes persons employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR must further indemnify the CITY against any claim that any product purchased or licensed by the CITY from CONTRACTOR under this Agreement infringes a United States patent, trademark, or copyright. CONTRACTOR acknowledges that CONTRACTOR has received consideration for this indemnification, and any other indemnification of the CITY by CONTRACTOR provided for within the Bid Documents, the sufficiency of such consideration being acknowledged by CONTRACTOR, by CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation will not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance, whether such insurance is in connection with this Agreement or otherwise. Such indemnification is in addition to any and all other legal remedies available to the CITY and not considered to be the CITY's exclusive remedy. ii. In the event that any claim in writing is asserted by a third party which may entitle the CITY to indemnification, the CITY must give notice thereof to CONTRACTOR, which notice must be accompanied by a copy of statement of the claim. Following the notice, CONTRACTOR has the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If CONTRACTOR does not timely defend, contest, or otherwise protect against any suit, action or other proceeding arising from such claim, or in the event the CITY decides to participate in the proceeding or defense, the CITY will have the right to defend, contest, or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 7 of 14 days notice to CONTRACTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto must cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. iii. The indemnification provisions of this paragraph will survive the termination of this Agreement. g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the CITY's liability beyond that provided in section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by the CITY to be sued by third parties in any matter arising out of this Agreement. h. Public records. i. CONTRACTOR is a "Contractor" as defined by Section 119.0701(1)(a), Florida Statutes, and must comply with the public records provisions of Chapter 119, Florida Statutes, including the following: 1. Keep and maintain public records required by the CITY to perform the service. 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the Agreement if CONTRACTOR does not transfer the records to the CITY. 4. Upon completion of this Agreement, transfer, at no cost, to the CITY all public records in possession of CONTRACTOR or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of this Agreement, CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of this Agreement, CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. ii. "Public records" is defined in Section 119.011(12), Florida Statutesas may, from time to time, be amended. Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 8 of 14 iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119 and related law, CONTRACTOR will have the burden of establishing such exemption, by way of injunctive or other relief as provided by law. iv. CONTRACTOR consents to the CITY's enforcement of CONTRACTOR's Chapter 119 requirements, by all legal means, including, but not limited to, a mandatory injunction, whereupon CONTRACTOR must pay all court costs and reasonable attorney's fees incurred by CITY. V. CONTRACTOR's failure to provide public records within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Further, such failure by CONTRACTOR will be grounds for immediate unilateral cancellation of this Agreement by the CITY. vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES. TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, DEPUTY CITY CLERK BECKY WITTE, AT 386-322-3011; BWITTE@SOUTHDAYTONA.ORG; MAILING ADDRESS: 1672 RIDGEWOOD AVE., SOUTH DAYTONA, FL 32119. i. Federal or State Funding. If any portion of the funding for this Agreement is derived from the State of Florida, or any department of the State of Florida, or from federal funding through the State of Florida, the provisions of this sub -paragraph shall apply, provisions elsewhere in this Agreement to the contrary notwithstanding. CONTRACTOR shall make inquiry from the CITY's Project Manager to determine whether Federal or State funding is applicable to this Agreement. i. E-Verify. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize, the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR during the Term of this Agreement. ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and its subcontractors are not agents or employees of the Federal Government, of the State of Florida, or of any department of the Federal Government or the State of Florida. iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless the CITY, the Federal Government, the State of Florida, any department of the Federal Government or the State of Florida, and all officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is Agreement for Sewer Rehabilitation Set -vices, Bid 23-B-005 Page 9 of 14 intended to nor shall it constitute a waiver of the State of Florida and the CITY's sovereign immunity. iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, CONTRACTOR must ensure that the subcontractor(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), CONTRACTOR must ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. CONTRACTOR must ensure that any equipment rental agreements that include operators or other personnel who are employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. V. Liability Insurance. Contractor shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. CONTRACTOR shall cause the State of Florida to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shared with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. CONTRACTOR shall pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention. At all renewal periods which occur prior to final acceptance of the work, the CITY and the State of Florida shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The CITY and the State of Florida shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The CITY's or the State of Florida's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the CITY or the State of Florida may have. Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 10 of 14 vi. Inspections. CONTRACTOR shall permit, and require its subcontractors to permit, the CITY's and the State of Florida's authorized representatives to inspect all work, materials, payrolls, and records, to audit the books, records, and accounts pertaining to the financing and development of the Services described in the Contract Documents. vii. Auditor General Cooperation. CONTRACTOR shall comply with §20.055 (5), Florida Statutesand shall incorporate in all subcontracts the obligation to comply with §20.055 (5), Florida Statutes. E-Verify Compliance. Contractor affirmatively states, under penalty of perjury, that in accordance with Section 448.095, Fla. Stat., Contractor is registered with and uses the E-Verify system to verify the work authorization status of all newly hired employees, that in accordance with such statute, Contractor requires from each of its subcontractors an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and that Contractor is otherwise in compliance with Sections 448.09 and 448.095, Fla. Stat. k. Federal -Aid Construction Contract. If this is a federal -aid construction project, it shall be subject to the provisions in Exhibit "A", which is attached hereto and incorporated herein by reference. 12. Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement: a. Binding Nature of Agreement. This Agreement is binding upon the successors and assigns of the parties hereto. b. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, statements, or negotiations made by the City staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized CITY representatives. C. Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. d. Severability. If any term or provision of this Agreement is held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the Term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity will not affect any other term or provision of this Agreement, to the extent that the Agreement will remain operable, enforceable, and in full force and effect to the extent permitted by law. Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 11 of 14 e. Construction. If any provision of this Agreement becomes subject to judicial interpretation, the court interpreting or considering such provision should not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared it. All parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, or the negotiation of specific language, or both, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. f. Headings. All headings in this Agreement are for convenience only and are not to be used in any judicial construction or interpretation of this Agreement or any paragraph. g. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement does not constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. The review of, approval of, or payment for any of CONTRACTOR's work product, services, or materials does not operate as a waiver, and should not be construed as a waiver, of any of the CITY's rights under this Agreement, or of any cause of action the CITY may have arising out of the performance of this Agreement. h. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary, the parties will not be held liable if failure or delay in the performance of this Agreement arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision does not apply if the "Scope of Services" of this Agreement specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. i. Compliance/Consistency with Scrutinized Companies Provisions of Florida Statutes. Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services over one million dollars ($1,000,000) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria. CONTRACTOR Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 12 of 14 hereby certifies that Contractor is not listed on any of the following: (i) the Scrutinized Companies that Boycott Israel List, (ii) Scrutinized Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. CONTRACTOR further hereby certifies that CONTRACTOR is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. CONTRACTOR understands that pursuant to section 287.13S, Florida Statutes, the submission of a false certification may subject CONTRACTOR to civil penalties, attorney's fees, and/or costs. CONTRACTOR further understands that any contract with CITY for goods or services of any amount may be terminated at the option of CITY if CONTRACTOR (i) is found to have submitted a false certification, (ii) has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the contract is one million dollars ($1,000,000) or more, the contract may be terminated at the option of CITY if the CONTRACTOR is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. j. Law; Venue. This Agreement is being executed in Volusia County, Florida and is governed in accordance with the laws of the State of Florida. Venue of any action hereunder will be in Volusia County, Florida. 13. Special Provisions. a. This Agreement is a non-exclusive contract; the CITY is not prohibited, or deemed to be prohibited, from bidding similar services either as an independent job or a component of a larger project. IN WITNESS WHEREOF, the parties hereto have signed and sealed this Agreement effective the date first written above. ATTEST: jCIRF 11 OU AYTONA, Mu ipality L . HALL, Mayor (Seal) Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 13 g1'14 Adantic Pipe Services, LLC by Cat Allan.Ge0e, as its Mesident and authorized agent CAS1c— (CORPORATE SEAL) ATTEST: Brandon Duncan, Business Development Manager STATE OF r Lo4 6:_ COUNTY OFSeg&t QWL The foregoing instrument was acknowledged before me by means of C'physical presence or ❑ online notarization, this Nay of;,S_� 2023, by le.- of A")9S- . a Florida corporation, on behalf of the corporation, and he/she is personally known to me or has produced as identification. Signature of Notary Public - State of Florida Printed yped/Stamped Name of Notary "TRACY WAGNER E Notary Public • State o, =far a My commission expires: L 4 ; Commission d Gmm. my CoExpires Jar. Bonded through National Notary Assr Agreement for Sewer Rehabilitation Services, Bid 23-B-005 Page 14 of 14 ACORO® �� CERTIFICATE OF LIABILITY INSURANCE DATEIMMlDD/YYYY) 3/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Consultants of Central Florida 1331 Palmetto Avenue, Suite 100 Winter Park FL 32789 CONTACT NAME: John O'Donnell PHONE 407-740-5337 c No: JAE No. Egli: E-MAIL SS: john.odonnell@myiccf.com INSURERS AFFORDING COVERAGE NAIL p INSURER A: Stan' Surplus Lines Insurance 13604 Liceln3 #: L068328 INSURED ATLAPIP-01 Atlantic Pipe Services, LLC 1420 Martin Luther King Jr Bvd INSURER B : FCCI Insurance Company 10178 INSURER C : Starr Indemnity 8 Liability Co 38318 INSURERD: Sanford FL 32771 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:789821541 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR ADDL,SUBRIi POLICY EFF POLICY NUMBER MMMD POLICY EXP LIMITS MMCDD A X COMMERCIAL GENERAL LIABILITY l CLAIMS -MADE 1XI OCCUR L AGGREGATE LIMIT APPLIES PER: PRO-LOC POLICY � X JECT 70THER: Y Y I 1000067815221 6121/2022 6/21/2023 j EACHOCCURRENCE I I PREMISES Me occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY i GENERAL AGGREGATE i PRODUCTS-COMPIOPAGG S1,000,000NTED $50,000 S 5,000 S 1,000,000 S2,000,000 52,000,000 S C AUTOMOBILE LIABILITY X ANY AUTO OWNEDSCHEDULED AUTOS ONLY L AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 1000685974221 6/21/2022 f ! I I 6I21I2023 CC OMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTYDAMAGE L Per eccidenll S 1,000,000 S S S s A X UM13RELLAUA13 X OCCUR EXCESS LIAR CLAIMS -MADE I I I 1 000337951221 6/21/2022 6121/2023 EACH OCCURRENCE AGGREGATE I S5,000,000 S 5,000,0o0 DED RETENTIONS S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETORlPARTNERIEXECUTIVE a OFFICERlMEMBEREXCLUDED7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N CA I WC0100070910-01 i 6/21/2022 6121/2023 ',X :; STATUTE ERH_ E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT S 1,000,000 S 1,000,000 I S 1,000,000 ' I I DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of South Daytona is an additional insured on a primary, non-contributory basis, with respects to General Liability and Auto Liability, per written contract. A 30-day notice of cancellation will be provided to the certificate holder with respects to the General Liability and Auto Liability, per written contract. r.FRTIFICATF Hnl nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of South Daytona 1672 South Ridgewood Avenue South Daytona FL 32119 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SECTION 8: BID FORMS BID FORM 8A: BID SUBMITTAL CHECKLIST ,d Form 813: Acknowled✓-ement and Pricing Proposal Form 8C: Drug Free/Tie Preference Statement 1� Form 8D: Public Entity Crimes Statement 2(Form 8E: Anti -Collusion Statement Or Form 8F: Statement of Vendor Qualifications 03" Form 8G: Professional References for Previous Experience 0-.'Form 8H: Listing of Subcontractors 13"'Form 81: Cured in Place Pipe Specs ED/Form 81: Cured -in -Place Pipe Specs Independent Contractors Agreement 0"'Attachment: Bid Proposal 0"Copy of License(s) 0/'Insurance Certificate Mr Submission of one (1) original marked "ORIGINAL" and one (1) digital (flash drive) copy. BY: Atlantic Pipe Services, LLC ,Vance of Business " Allan Cagle - President Iufhari_ed Signatmor Primed Nante and Title 03/28/2023 Date THIS DOCUMENT MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 55 of 94 ADocument A310n �- 2010 CONTRACTOR: (Name, legal status and address) Atlantic Pipe Services, LLC 1420 Martin Luther King Jr. Blvd Sanford, FL 32771 (407) 792-1360 OWNER: (Name, legal status and address) City of South Daytona 1672 South Ridgewood Ave. South Daytona, FL 32119 (386) 322-3011 SURETY: (Name, legal status and principal place of business) Swiss Re Corporate Solutions America Insurance Corporation 1200 Main St. Suite 800 Kansas City, MO 64105 (816) 235-3700 BOND AMOUNT: S s % Five Percent of Amount Bid PROJECT: (Name, location or address, and Project number, if any) Sewer Rehabilitation Services - Bid No, 23-B-005 Install cured -in -place epoxy lamination system, Stephens Technologies Inc. NCL-115-18 Epoxy or approved equal epoxy system, to aging and cracked sewer pipes. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such Iargcr amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard farm text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. lnit AIA Document A310' - 2010. Copyright ®1963. 1970 and 2010 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," 'AIA," the AIA Logo, and'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:02:18 ET on 0510412022 under Order No.2114309052 which expires an 05106/2023. is not for resale, is licensed for one-time use only, and may only t be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. Meer Notes: (1832006576) Signed and sealed this 27th day of March on (FVilness) Anita Waters, Account Manager 2023 Atlantic Pipe Services, LLC (/C�ornlL.I. tractor as Principal) j (Se ab (Title) Swiss Re Corporate -So lu It ions AMffY9jiiiEance Corporation (Surely.) (Seal) (Title) William J. Palmer, Attorney -in -Fact, Florida Resident Agent Init. AIA Document A310- - 20 10. Copyright O 1963, 1970 and 2010 by The American Institute of Architects- All rights reserved. The "American Institute of Architects,' "AIA," the AIA Loge, and "AIA Contract Documents' are registered trademarks and may not be used without permission, This document was produced by AIA software at 13:01:24 ET on 05126/2022 under Order No.2114309052 which expires on 05/06/2023, is not for resale, is licensed for one -lime use only, and may only t be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyr,'ght@aia.org. User Notes: (1264799051) . - - 1Y SWISS RE CORPORATE SOLUTiONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWiSS RE CORPORATE SOLUTIONS PRL•MiER INSURANCE CORPORATION ("SRCSPIC"i W ESTPORT rNSUR ANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALI, MEN RY'T-HESE PRESENTS. THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City. Missouri. and SRCSPTC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City. Missouri. and WIC. organized under the laws of the State of Missouri. and having its principal office in the City of Kansas City, Missouri, each does hereby make. constitute and appoint: WILLIAM J. PALMER, BRYAN T. ROBERTSON, MARION F. HATCHER Ill, and SANDRA MOORE JOINTLY OR SEVERALLY its true and lawful Attorneys) -in -fact. to make. execute, seal and deliver. for and on its behalf and as its act and deed. bonds or other writings obligatory in the nature of bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation. contract or otherwise, provided that no Bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the folio,-ving Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated Jul), 18, 2011. "RESOLVED. that any two of the President, any Managing Director, any Senior Vice President_ any Vice President. the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power ol'Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf ofthe Corporation bonds. undertakings and all contracts ol'surety. and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation. and it is FURTHER R£SOI_VFD, that the signature of such officers and the seal of the Corporation may he affixed to any such Power ol'Atturney or to any certificate r.:lating tlt:rew by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be rporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." .,.,.............. _ ..�. • r.�RPORgr tid'% sW......... r 5By '. F,rik Janssens. Senior vice Preaidenl of SRCS,UC & Senior Vice Preaident ♦ or5RCS11IC&Seniiur4ir-Pmidml ONVIC '- •� °s �'75s0�?: `Saco, By r' U {�'.R'eo!►�Q . �e �•9, 4is, �Q� ss Gera]d Jagrun•std, Nice President ur SRCSAIC& Vice Presidml or SRCSPIC & vice President.& WIC IN Wf NESS WHEFF.0P. SRCSAIC. SRCSPIC, and WiC have caused their official seals to he hereunto affixed and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook � Westport Insurance Corporation On this 10 day of NOVEMBER 20 22 . befirre me_ a Notary Public personally appeared Erik Janssens , Senior Vice President oI'SRCSATC and Senior Vice President of SRCSPIC and Senior Vice President of WiC and Gerald Jagro%%,ski _ Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of -WIC, personally known to me, who being by me duly swum, ackrimviedged that they signed the above Potver ul'Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL C14R1S71NA MMiSC0 VOTARY PUBM STATE OF LLilM Cew+nllblonER' "RIB M 2M 1~11QMeLb 1, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary ofSRCSAiC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy ofa Power ofAttomcy given by said SRCSAIC and SRCSPIC and WIC, which is still in full Corce and effect, iN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this 271h day of Maro _ 20 23 . J011rcy Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Stephens Equivalent 8id Form BID FORM 8J: Bid Fees Item Description Unit Unit Price Day Rate: Multiple Locations EA $ 4,250.00 Traffic Control/ MCAT, Equipment Set-up and Monitoring Mobilization Per Vehicle EA $ 1.850.00 Sanitary Sewer Manhole & Pipe Preparation/ Plug, Preclean and Video Vac Truck, Pre Clean Sanitary Sewer LF $ 5.00 CCTV/Video, Pre Video Sanitary Sewer LF $ 3.00 Sanitary Sewer CIPP Installation CIPP Liner Equipment Site SET -up Per Run EA $ 450.00 Sanitary Sewer CIPP 4.5 mm Liner Thickness (used in 2-14 ft manhole depths) Minimum Footage 6" Diameter LF $ m05 150 8" Diameter LF $ 77.73 150 10" Diameter LF $ 97.38 150 12" Diameter LF $ 106,35 150 16" Diameter LF $ 139.42 150 18" Diameter LF $ 148.82 150 24" Diameter LF $ 188.73 150 Sanitary Sewer CIPP 6 mm Liner Thickness (used in 14-25 ft manhole depths or where more structural integrity is needed) Minimum Footage 6" Diameter LF $ 99.22 150 8" Diameter LF $ 86.55 150 10" Diameter LF $ 108.30 150 12" Diameter LF $ 121.00 150 16" Diameter LF $ 162.58 150 18" Diameter LF $ 170.21 150 24" Diameter LF $ 188.73 150 Sanitary Sewer CIPP Reinstatement Mainline Lateral Reinstatement EA $ 365.00 Mainline Invert Reinstatement EA $ 865.00 Sanitary Sewer CIPP Installation Post Video CCTV/Video, Post Video LF $ 2.25 Additional Services Plugging Mainline 6"-10" Day $ 475.00 Plugging Mainline 12"-16" Day $ 895.00 Plugging Mainline 18"-24" Day $ 1,295,00 Manhole Bypass Pumping 6"-10" Flow Day $ 700.00 Manhole Bypass Pumping 12"-16" Flow Day $ 2,400.00 Manhole Bypass Pumping 18"-24" Flow Day $ 3,900.00 Mainline HammerTap/ Extended Lateral Removal EA $ 2,500.00 Root Intrustion Removal HRLY $ 275.00 Chemical Grout Repairs 6"-10" EA $ 650.00 Chemical Grout Repairs 12"-16" EA $ 850.00 Chemical Grout Repairs 18"-24" EA $ 1,050.00 Additional Video and Reports EA $ 75.00 City of South Daytona, BID NO. 23-B-005. Sewer Rehabilitation Services, Page 80 of 94 1 SAFETY DATA SHEET V ELANTAS Electrical Insulation Tyfo@-PWR Part A Version 6 Revision Date 10118/2016 Print Date 02/15/2017 I SECTION 1. IDENTIFICATION Product name : Tyfo®-PWR Part A Manufacturer or supplier's details Company : ELANTAS PDG, INC. 5200 North 2nd Street St Louis MO 63147 Telephone (314) 621-5700 Visit our web site www.elantas.com E-mail address Todd.Thomas@altana.com Emergency telephone INFOTRAC-1-800-535-5053 number Recommended use of the chemical and restrictions on use Recommended use : Casting Resin Restrictions on use : Refer to Section 15 for any restrictions that may apply SECTION 2. HAZARDS IDENTIFICATION GHS Classification Skin irritation Eye irritation Skin sensitisation Specific target organ toxicity - single exposure GHS label elements Hazard pictograms Category 2 Category 2A Category 1 Category 3 (Respiratory system) Signal word Warning Hazard statements H315 Causes skin irritation. H317 May cause an allergic skin reaction. H319 Causes serious eye irritation. H335 May cause respiratory irritation. Precautionary statements Prevention: P261 Avoid breathing dust/ fume/ gas/ mist/ vapours/ spray. P264 Wash skin thoroughly after handling. P271 Use only outdoors or in a well -ventilated area. P272 Contaminated work clothing should not be allowed out of 1 / 12 SAFETY DATA SHEET Tyfo®-PWR Part A O ELANTAS Electrical Insulation Version 6 Revision Date 10/18/2016 Print Date 02/15/2017 the workplace. P280 Wear eye protection/ face protection. P280 Wear protective gloves. Response: P302 + P352 IF ON SKIN: Wash with plenty of soap and water. P304 + P340 + P312 IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/ physician if you feel unwell. P305 + P351 + P338 IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. P333 + P313 If skin irritation or rash occurs: Get medical advice/ attention. P337 + P313 If eye irritation persists: Get medical advice/ attention. P362 Take off contaminated clothing and wash before reuse. Storage: P403 + P233 Store in a well -ventilated place. Keep container tightly closed. P405 Store locked up. Disposal: P501 Dispose of contents/ container to an approved waste disposal plant. Other hazards None known. SECTION 3. COMPOSITION/INFORMATION ON INGREDIENTS Chemical nature Hazardous components Epoxy Resin Solution Component CAS -No. Concentration (%) Epoxy Resin 25068-38-6 >= 80 - < 81 Epoxy Resin 28064-14-4 >= 9 - < 10 Epoxy diluent 17557-23-2 >= 9 - < 10 SECTION 4. FIRST AID MEASURES General advice Move out of dangerous area. Show this safety data sheet to the doctor in attendance. Do not leave the victim unattended. If inhaled If unconscious, place in recovery position and seek medical advice. 2/12 SAFETY DATA SHEET V ELANTAS Electrical Insulation Tyfo®-PWR Part A Version 6 Revision Date 10/18/2016 Print Date 02/15/2017 If symptoms persist, call a physician. In case of skin contact If skin irritation persists, call a physician. If on skin, rinse well with water. If on clothes, remove clothes. In case of eye contact Immediately flush eye(s) with plenty of water. Remove contact lenses. Protect unharmed eye. Keep eye wide open while rinsing. If eye irritation persists, consult a specialist If swallowed Keep respiratory tract clear. Do not give milk or alcoholic beverages. Never give anything by mouth to an unconscious person. If symptoms persist, call a physician. SECTION 5. FIREFIGHTING MEASURES Unsuitable extinguishing : High volume water jet media Further information Standard procedure for chemical tires. Use extinguishing measures that are appropriate to local circumstances and the surrounding environment Special protective equipment Wear self-contained breathing apparatus for firefighting if for firefighters necessary. SECTION 6. ACCIDENTAL RELEASE MEASURES Personal precautions, Use personal protective equipment. protective equipment and emergency procedures Environmental precautions Prevent product from entering drains. Prevent further leakage or spillage if safe to do so. If the product contaminates rivers and lakes or drains inform respective authorities. Methods and materials for Soak up with inert absorbent material (e.g. sand, silica gel, containment and cleaning up acid binder, universal binder, sawdust). Keep in suitable, closed containers for disposal. Absorbent paper or other organic material used for cleaning up resin is a fire hazard, as heat and spontaneous combustion can occur, particularly if the resin was catalyzed. Catalyzed resin can generate hazardous exothermic heat if allowed to polymerize in a mass. All soiled or waste materials must be water soaked, and kept in a closed bin until disposed'of. 3112 SAFETY DATA SHEET V ELANTAS Electrical Insulation Tyfo®-PWR Part A Version 6 Revision Date 10/18/2016 Print Date 02/15/2017 SECTION 7. HANDLING AND STORAGE Advice on safe handling Avoid formation of aerosol. Do not breathe vapours/dust. Avoid exposure - obtain special instructions before use. Avoid contact with skin and eyes. For personal protection see section 8. Smoking, eating and drinking should be prohibited in the application area. Provide sufficient air exchange and/or exhaust in work rooms. Dispose of rinse water in accordance with local and national regulations. Persons susceptible to skin sensitisation problems or asthma, allergies, chronic or recurrent respiratory disease should not be employed in any process in which this mixture is being used. The chemical reaction that cures mixed epoxy is exothermic (heat generating). If left to cure in a contained mass, such as in a mixing vessel, it can generate enough heat to melt plastic, burn skin or ignite surrounding combustible materials. The larger or thicker the epoxy mass, the more heat generated. Conditions for safe storage Store under conditions specified on the product Technical Data Sheet to maintain product quality. Keep container tightly closed in a dry and well -ventilated place. Observe label precautions. Electrical installations / working materials must comply with the technological safety standards. SECTION 8. EXPOSURE CONTROLSIPERSONAL PROTECTION Components with workplace control parameters Contains no substances with occupational exposure limit values. Engineering measures Use with adequate ventilation. All application areas should be ventilated in accordance with applicable OSHA regulations. (29 CFR 1910.94) Personal protective equipment Respiratory protection In the case of vapour formation use a respirator with an approved filter. Hand protection Remarks The suitability for a specific workplace should be discussed with the producers of the protective gloves. 4/12 SAFETY DATA SHEET ELANTAS Electrical Insulation Tyfo®-PWR Part A Version 6 Revision Date 10/18/2016 Print Date 02/15/2017 Eye protection Eye wash bottle with pure water Tightly fitting safety goggles Wear face -shield and protective suit for abnormal processing problems. Skin and body protection Impervious clothing Choose body protection according to the amount and concentration of the dangerous substance at the work place. Hygiene measures When using do not eat or drink. When using do not smoke. Wash hands before breaks and at the end of workday. SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance liquid Odour Threshold No data available pH No data available Melting point/freezing point No data available Initial boiling point and boiling No data available range Vapour pressure No data available Flash point Greater than 201 OF (94 °C) Method: No information available. Information taken from reference works and the literature. Upper explosion limit No data available Lower explosion limit No data available Evaporation rate No data available Flammability (solid, gas) No data available Relative vapour density No data available Relative Density/Specific No data available Gravity Density 1.1563 g/cm3 (77 OF (25 °C)) Solubility(ies) Water solubility No data available 5/12 SAFETY DATA SHEET V ELANTAS Electrical Insulation Tyfo®-PWR Part A Version 6 Revision Date 10118/2016 Print Date 02/15/2017 Solubility in other solvents No data available Partition coefficient. n- No data available octanol/water Auto -ignition temperature No data available Thermal decomposition No data available Viscosity Viscosity, dynamic No data available Viscosity, kinematic Greater than 22 mm2/s (104 °F (40 °C)) SECTION 10. STABILITY AND REACTIVITY Reactivity No decomposition if stored and applied as directed. Chemical stability No decomposition if stored and applied as directed. Possibility of hazardous No decomposition if stored and applied as directed. reactions Conditions to avoid No data available Hazardous decomposition The by-products expected in incomplete pyrolysis or products combustion of epoxy resins are mainly phenolics, CO and water. SECTION 11. TOXICOLOGICAL INFORMATION Information on likely routes of exposure Inhalation Skin contact Eyes Acute toxicity Product: Acute oral toxicity Acute toxicity estimate: > 5,000 mg/kg Method: Calculation method Acute dermal toxicity Acute toxicity estimate : > 5,000 mg/kg Method: Calculation method Components: 6112 SAFETY DATA SHEET Q ELANTAS Electrical Insulation Tyfo®-PWR Part A Version 6 Revision Date 10/18/2016 Print Date 02/15/2017 25068-38-6 Epoxy Resin: Acute oral toxicity Acute inhalation toxicity Acute dermal toxicity 17557-23-2 Epoxy diluent: Acute oral toxicity Acute dermal toxicity Skin corrosion/irritation LD50 (Rat): 11,400 mg/kg LD50 (Rat, female): > 2,000 mg/kg Method: OECD Test Guideline 420 GLP: yes LC50 : Remarks: No data available LD50 (Rabbit): 23,400 mg/kg LD50 (Rat, male and female): > 2,000 mg/kg Method: OECD Test Guideline 402 GLP: yes LD50 (Rat): 4,500 mg/kg LD50 (Rabbit): 2,150 mg/kg Product: Remarks: May cause skin irritation and/or dermatitis. Components: 25068-38-6 Epoxy Resin: Species: Rabbit Result: Moderate skin irritation Species: Rabbit Exposure time: 4 h Method: OECD Test Guideline 404 Result: Skin irritation GLP: yes 17557-23-2 Epoxy diluent: Result: Moderate skin irritation Serious eye damage/eye irritation Product: Remarks: May cause irreversible eye damage. Components: 25068-38-6 Epoxy Resin: Species: Rabbit Result: Eye irritation 7/12 SAFETY DATA SHEET ELANTAS Electrical Insulation Tyfo®-PWR Part A Version 6 Revision Date 10/18/2016 Print Date 02/15/2017 SECTION 12. ECOLOGICAL INFORMATION Ecotoxicity Components: 25068-38-6 Epoxy Resin: Toxicity to daphnia and other aquatic invertebrates Toxicity to daphnia and other aquatic invertebrates (Chronic toxicity) Persistence and degradability Components: 25068-38-6 Epoxy Resin: Biodegradability Bioaccumulative potential Components: 25068-38-6 Epoxy Resin: Partition coefficient: n- octanol/water Mobility in soil No data available Other adverse effects No data available Product: Regulation Remarks Additional ecological EC50 (Daphnia (water flea)): 1.7 mg/I Exposure time: 48 h Test Type: static test Method: OECD Test Guideline 202 GLP: yes NOEC (Daphnia magna (Water flea)): 0.3 mg/I Exposure time: 21 d Test Type: semi -static test Method: OECD Test Guideline 211 GLP: yes Result: Not readily biodegradable. Method: OECD Test Guideline 301 F GLP: yes log Pow: 3.242 (25 °C) pH: 7.1 Method: OECD Test Guideline 117 GLP: yes 40 CFR Protection of Environment; Part 82 Protection of Stratospheric Ozone - CAA Section 602 Class I Substances This product neither contains, nor was manufactured with a Class I or Class II ODS as defined by the U.S. Clean Air Act Section 602 (40 CFR 82, Subpt. A, App.A + B). No data available 9/12 SAFETY DATA SHEET V ELANTAS Electrical Insulation Tyfo®-PWR Part A Version 6 Revision Date 10/18/2016 Print Date 02/1512017 information SECTION 13. DISPOSAL CONSIDERATIONS Disposal methods EPA Hazardous Waste none Ccde(s) Waste from residues Do not dispose of waste into sewer. Do not contaminate ponds, waterways or ditches with chemical or used container. Send to a licensed waste management company. Catalyzed resin can generate hazardous exothermic heat if allowed to polymerize in a mass. All soiled or waste materials must be water soaked, and kept in a closed bin until disposed of. Dispose of the solid mass only if cure is complete and the mass has cooled. Follow federal, state or local disposal regulations. Contaminated packaging Empty remaining contents. Dispose of as unused product. Do not re -use empty containers. SECTION 14. TRANSPORT INFORMATION International Regulations IATA-DGR Not regulated as a dangerous good IMDG-Code Not regulated as a dangerous good Transport in bulk according to Annex II of MARPOL 73178 and the IBC Code Not applicable for product as supplied. National Regulations 49 CFR Not regulated as a dangerous good SECTION 15. REGULATORY INFORMATION EPCRA - Emergency Planning and Community Right -to -Know Act US. EPA CERCLA Hazardous Substances (40 CFR 302) This material does not contain any components with a CERCLA RO. 10 / 12 SAFETY DATA SHEET Tyfo®-PWR Part A Q ELANTAS Electrical Insulation Version 6 Revision Date 10/18/2016 Print Date 02/15/2017 SARA 304 - Emergency Release Notification This material does not contain any components with a section 304 EHS RQ. US. EPA Emergency Planning and Community Right -To -Know Act (EPCRA) SARA Title III Section 302 Extremely Hazardous Substance (40 CFR 355, Appendix A) This material does not contain any components with a SARA 302 RQ. SARA 3111312 Hazards Per the June 13, 2016 Federal Register notice, EPA harmonized the EPCRA 311/312 hazard categories with the 2012 OSHA hazard communication standard for classifying and labeling of chemicals (i.e. GHS). Please refer to Section 2 of the SIDS to identify the appropriate hazard categories for reporting purposes. SARA 302 No chemicals in this material are subject to the reporting requirements of SARA Title III, Section 302. SARA 313 This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minimis) reporting levels established by SARA Title III, Section 313. Clean Air Act This product does not contain any hazardous air pollutants (HAP), as defined by the U.S. Clean Air Act Section 112 (40 CFR 61). This product does not contain any chemicals listed under the U.S. Clean Air Act Section 112(r) for Accidental Release Prevention (40 CFR 68.130, Subpart F). This product does not contain any chemicals listed under the U.S. Clean Air Act Section 111 SOCMI Intermediate or Final VOC's (40 CFR 60.489). Non-volatile (Wt) : Refer to the product technical data sheet for VOC information. Massachusetts Right To Know No components are subject to the Massachusetts Right to Know Act. Pennsylvania Right To Know Epoxy Resin 25068-38-6 Epoxy Resin 28064-14-4 Epoxy diluent 17557-23-2 New Jersey Right To Know Epoxy Resin 25068-38-6 Epoxy Resin 28064-14-4 Epoxy diluent 17557-23-2 11/12 SAFETY DATA SHEET Tyfo®-PWR Part A Version 6 New Jersey Trade Secret Registry Number for the product (NJ TSRN) Revision Date 10/18/2016 NOT APPLICABLE V ELANTAS Electrical insulation Print Date 02/1512017 1 California Prop 65 WARNING! This product contains a chemical known to the State of California to cause cancer. Phenyl glycidyl ether 122-60-1 The components of this product are reported in the following inventories: TSCA We certify that all of the components of this product are either listed on the TSCA Inventory or are not subject to the notification requirements per40 CFR 720 30(h). Section 4 / 12(b) Not applicable Section 5 Not applicable DSL We certify that all of the components of this product are listed on the DSL. SECTION 16. OTHER INFORMATION Further information NFPA: Flammability s � m 0 m � a Special hazard. Revision Date : 10/18/2016 HMIS III: 0 = not significant, 1 =Slight, 2 = Moderate, 3 = High 4 = Extreme, ' = Chronic The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. 12/12 SAFETY DATA SHEET C) ELANTAS Electrical Insulation Tyfo®-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 SECTION 1. IDENTIFICATION Product name Tyfo®-PWR Part B - 12 Ibs Manufacturer or supplier's details Company ELANTAS PDG, INC. 5200 North 2nd Street St. Louis MO 63147 Telephone (314) 621-5700 Visit our web site www.elantas.com E-mail address Todd.Thomas@altana.com Emergency telephone INFOTRAC - 1-800-535-5053 number Recommended use of the chemical and restrictions on use Recommended use : Casting Resin Restrictions on use Refer to Section 15 for any restrictions that may apply SECTION 2. HAZARDS IDENTIFICATION GHS Classification Skin irritation Category 2 Eye irritation : Category 2A Reproductive toxicity : Category 2 GHS label elements Hazard pictograms +my, Signal word Warning Hazard statements H315 Causes skin irritation. H319 Causes serious eye irritation. H361 d Suspected of damaging the unborn child. Precautionary statements Prevention: P201 Obtain special instructions before use. P202 Do not handle until all safety precautions have been read and understood. P264 Wash skin thoroughly after handling. P280 Wear protective gloves/ protective clothing/ eye protection/ face protection. Response: SAFETY DATA SHEET C ELANTAS Electrical Insulation Tyfo®-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 P302 + P352 IF ON SKIN: Wash with plenty of soap and water. P305 + P351 + P338 IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. P308 + P313 IF exposed or concerned: Get medical advice/ attention. P332 + P313 If skin irritation occurs: Get medical advice/ attention. P337 + P313 If eye irritation persists: Get medical advice/ attention. P362 Take off contaminated clothing and wash before reuse. Storage: P405 Store locked up. Disposal: P501 Dispose of contents/ container to an approved waste disposal plant. Other hazards None known. SECTION 3. COMPOSITION/INFORMATION ON INGREDIENTS Chemical nature Hazardous components Modified Aromatic Polyamine Component CAS -No. Concentration (%) 2-ethylhexanoic acid, compound with 2,4,6- tris dimeth lamino meth Iphenol 51365-70-9 >= 90 - < 91 2-Ethylhexanoic acid 149-57-5 >= 9 - < 10 SECTION 4. FIRST AID MEASURES General advice Move out of dangerous area. Show this safety data sheet to the doctor in attendance. Do not leave the victim unattended. If inhaled If unconscious, place in recovery position and seek medical advice. If symptoms persist, call a physician. In case of eye contact Flush eyes with water as a precaution. Remove contact lenses. Protect unharmed eye. Keep eye wide open while rinsing. If eye irritation persists, consult a specialist. 2/11 SAFETY DATA SHEET C ELANTAS Electrical Insulation Tyfo®-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 If swallowed Induce vomiting immediately and call a physician. Keep respiratory tract clear. Do not give milk or alcoholic beverages. Never give anything by mouth to an unconscious person. If symptoms persist, call a physician. Take victim immediately to hospital. SECTION 5. FIREFIGHTING MEASURES Unsuitable extinguishing High volume water jet media Specific hazards during Do not allow run-off from fire fighting to enter drains or water firefighting courses. Further information Collect contaminated fire extinguishing water separately. This must not be discharged into drains. Fire residues and contaminated fire extinguishing water must be disposed of in accordance with local regulations. Special protective equipment Wear self-contained breathing apparatus for firefighting if for firefighters necessary. SECTION 6. ACCIDENTAL RELEASE MEASURES Personal precautions, Use personal protective equipment. protective equipment and emergency procedures Environmental precautions Prevent product from entering drains. Prevent further leakage or spillage if safe to do so. If the product contaminates rivers and lakes or drains inform respective authorities. Methods and materials for Soak up with inert absorbent material (e.g. sand, silica gel, containment and cleaning up acid binder, universal binder, sawdust). Keep in suitable, closed containers for disposal. SECTION 7. HANDLING AND STORAGE Advice on safe handling Do not breathe vapours/dust. Avoid exposure - obtain special instructions before use. Avoid contact with skin and eyes. For personal protection see section 8. Smoking, eating and drinking should be prohibited in the application area. Dispose of rinse water in accordance with local and national regulations. 3/11 SAFETY DATA SHEET Tyfo@-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 C ELANTAS Electrical Insulation Print Date 04/13/2018 Conditions for safe storage Store under conditions specified on the product Technical Data Sheet to maintain product quality. Keep container tightly closed in a dry and well -ventilated place. Observe label precautions. Electrical installations / working materials must comply with the technological safety standards. SECTION 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Components with workplace control parameters Components CAS -No. Value type Control Basis (Form of parameters / exposure) Permissible concentration 2-Ethylhexanoic acid 149-57-5 TWA 5 mg/m3 ACGIH (Inhalable fraction and vapor) Engineering measures Use with adequate ventilation. All application areas should be ventilated in accordance with applicable OSHA regulations. (29 CFR 1910.94) Personal protective equipment Respiratory protection In the case of vapour formation use a respirator with an approved filter. Hand protection Remarks The suitability for a specific workplace should be discussed with the producers of the protective gloves. Eye protection Eye wash bottle with pure water Tightly fitting safety goggles Skin and body protection Impervious clothing Choose body protection according to the amount and concentration of the dangerous substance at the work place. Hygiene measures When using do not eat or drink. When using do not smoke. Wash hands before breaks and at the end of workday. SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance liquid 4/11 SAFETY DATA SHEET C ELANTAS Electrical Insulation Tyfo&PWR Part B -12 tbs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 Odour Threshold No data available pH No data available Melting point/freezing point No data available Initial boiling point and boiling No data available range Vapour pressure No data available Flash point Greater than 201 °F (94 °C) Method: No information available. Information taken from reference works and the literature. Upper explosion limit No data available Lower explosion limit No data available Evaporation rate No data available Flammability (solid, gas) No data available Relative vapour density No data available Relative Density/Specific No data available Gravity Density 0.9634 g/cm3 (77 °F (25 °C)) Solubility(ies) Water solubility No data available Solubility in other solvents No data available Partition coefficient: n- No data available octanol/water Ignition temperature No data available Thermal decomposition No data available Viscosity Viscosity, dynamic No data available Viscosity, kinematic Greater than 22 mm2/s (104 °F (40 °C)) SAFETY DATA SHEET C ELANTAS Electrical Insulation Tyfo®-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 SECTION 10. STABILITY AND REACTIVITY Reactivity No decomposition if stored and applied as directed. Chemical stability No decomposition if stored and applied as directed. Possibility of hazardous No decomposition if stored and applied as directed. reactions Conditions to avoid No data available Hazardous decomposition The by-products expected in incomplete pyrolysis or products combustion of epoxy resins are mainly phenolics, CO and water. SECTION 11. TOXICOLOGICAL INFORMATION Information on likely routes of exposure Inhalation Skin contact Eyes Acute toxicity Product: Acute oral toxicity Acute toxicity estimate : > 5,000 mg/kg Method: Calculation method Acute dermal toxicity Acute toxicity estimate : > 5,000 mg/kg Method: Calculation method Components: 149-57-5 2-Ethylhexanoic acid: Acute oral toxicity LD50 (Rat): 3,000 mg/kg Acute dermal toxicity LD50 (Rabbit): 1.260 mg/kg LD50 (Rat, male and female): 2,001 mg/kg Method: OECD Test Guideline 402 GLP: yes Skin corrosion/irritation Components: 149-57-5 2-Ethylhexanoic acid: Species: Rabbit Result: Mild skin irritation Species: Rabbit 6/11 SAFETY DATA SHEET C ELANTAS Electrical Insulation Tyfo®-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 Method: OECD Test Guideline 404 Result: No skin irritation GLP: yes Serious eye damage/eye irritation Components: 149-67-5 2-Ethylhexanoic acid: Species: Rabbit Result: Severe eye irritation Method: Draize Test Species: Rabbit Result: No eye irritation Method: OECD Test Guideline 405 GLP: yes Respiratory or skin sensitisation Components: 149-57-5 2-Ethylhexanoic acid: Test Type: Maximisation Test Exposure routes: Dermal Species: Guinea pig Method: OECD Test Guideline 406 Result: Does not cause skin sensitisation. GLP: yes Carcinogenicity IARC No component of this product present at levels greater than or equal to 0.1 % is identified as probable, possible or confirmed human carcinogen by IARC. ACGIH No component of this product present at levels greater than or equal to 0.1 % is identified as a carcinogen or potential carcinogen by ACGIH. OSHA No component of this product present at levels greater than or equal to 0.1% is on OSHA's list of regulated carcinogens. NTP No component of this product present at levels greater than or equal to 0.1% is identified as a known or anticipated carcinogen by NTP. Further information Product: Remarks: No data available 7/11 SAFETY DATA SHEET C ELANTAS Electrical Insulation Tyfo®-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 SECTION 12. ECOLOGICAL INFORMATION Ecotoxicity No data available Persistence and degradability No data available Bioaccumulative potential No data available Mobility in soil No data available Other adverse effects No data available Product: Regulation 40 CFR Protection of Environment; Part 82 Protection of Stratospheric Ozone - CAA Section 602 Class I Substances Remarks This product neither contains, nor was manufactured with a Class I or Class II ODS as defined by the U.S. Clean Air Act Section 602 (40 CFR 82, Subpt. A, App.A + B). Additional ecological No data available information SECTION 13. DISPOSAL CONSIDERATIONS Disposal methods EPA Hazardous Waste none Code(s) Waste from residues Do not dispose of waste into sewer. Do not contaminate ponds, waterways or ditches with chemical or used container. Send to a licensed waste management company. Contaminated packaging Empty remaining contents. Dispose of as unused product. Do not re -use empty containers. SECTION 14. TRANSPORT INFORMATION International Regulations IATA-DG R Not regulated as a dangerous good 8/11 SAFETY DATA SHEET C ELANTAS Electrical Insulation Tyfo®-PWR Part B -12 Ibs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 IMDG-Code Not regulated as a dangerous good Transport in bulk according to Annex II of MARPOL 73178 and the IBC Code Not applicable for product as supplied. National Regulations 49 CFR Not regulated as a dangerous good SECTION 15. REGULATORY INFORMATION EPCRA - Emergency Planning and Community Right -to -Know Act US. EPA CERCLA Hazardous Substances (40 CFR 302) This material does not contain any components with a CERCLA RQ. SARA 304 - Emergency Release Notification This material does not contain any components with a section 304 EHS RQ. US. EPA Emergency Planning and Community Right -To -Know Act (EPCRA) SARA Title III Section 302 Extremely Hazardous Substance (40 CFR 365, Appendix A) This material does not contain any components with a SARA 302 RQ. SARA 311 /312 Hazards Per the June 13, 2016 Federal Register notice, EPA harmonized the EPCRA 311/312 hazard categories with the 2012 OSHA hazard communication standard for classifying and labeling of chemicals (i.e. GHS). Please refer to Section 2 of the SIDS to identify the appropriate hazard categories for reporting purposes. SARA 302 : No chemicals in this material are subject to the reporting requirements of SARA Title III, Section 302. SARA 313 This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minimis) reporting levels established by SARA Title III, Section 313. Clean Air Act This product does not contain any hazardous air pollutants (HAP), as defined by the U.S. Clean Air Act Section 112 (40 CFR 61). This product does not contain any chemicals listed under the U.S. Clean Air Act Section 112(r) for Accidental Release Prevention (40 CFR 68.130, Subpart F). This product does not contain any chemicals listed under the U.S. Clean Air Act Section 111 SOCMI Intermediate or Final VOC's (40 CFR 60.489). 9/11 SAFETY DATA SHEET Tyfo&PWR Part B -12 lbs Version 4 Non-volatile (Wt) US State Regulations Massachusetts Right To Know Revision Date 02/27/2018 C ELANTAS Electrical Insulation Print Date 04/13/2018 Refer to the product technical data sheet for VOC information. No components are subject to the Massachusetts Right to Know Act. Pennsylvania Right To Know 2-ethylhexanoic acid, compound with 2,4,6- 51365-70-9 tris[(dimethylam in o)methyl] phenol 2-Ethylhexanoic acid 149-57-5 New Jersey Right To Know 2-ethylhexanoic acid, compound with 2,4,6- 51365-70-9 tds[(dimethylamino)methyl]phenol 2-Ethylhexanoic acid 149-57-5 New Jersey Trade Secret NOT APPLICABLE Registry Number for the product (NJ TSRN) California Prop 65 This product does not contain any chemicals known to State of California to cause cancer, birth defects, or any other reproductive harm. The components of this product are reported in the following inventories: TSCA : We certify that all of the components of this product are either listed on the TSCA Inventory or are not subject to the notification requirements per 40 CFR 720 30(h). Section 4 / 12(b) Not applicable Section 5 Not applicable DSL We certify that all of the components of this product are listed on the DSL. Complex of 2,4,6-Tris-(dimethylamino)-methyl phenol and ethylhexanoic acid 10 / 11 SAFETY DATA SHEET [� ELANTAS ElectncaI Insulation Tyfo®-PWR Part B - 12 !bs Version 4 Revision Date 02/27/2018 Print Date 04/13/2018 SECTION 16. OTHER INFORMATION Further information NFPA: HMIS III: Flammability HEALTH 76 0 FLAMMABILITY1 FTHYSICAL HAZARD Q 0 = not significant, 1 =Slight. Special hazard. 2 = Moderate, 3 = High 4 = Extreme, ` = Chronic Revision Date 02/2712018 The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. 11 1 11 O ELANTAS Electrical Insulation ELANTAS ADG, lnc. 5200 North Second Street St. Louis. MO 63147 USA Tel +1 314 621-5700 Fax +1 314 436-1030 mfo.elantas, pdg@altana.com www.ekontas.com Tyfoo-PWR Product Description Tyfo-PWR is a two -component, heat -curing, 100%-solids epoxy system. Areas of Application impregnation of fiber and felt liners for cured -in - place pipe (CIPP) Features and Benefits • Designed for on -site application and trenchless repair of pipes • Good workable pot life • Compatible with moist surfaces • NSF approved for potable water applications Typical Properties of Material as Supplied Q ELANTAS Electrical Insu latior Transportation l Storage Store below 25°C 177°F in a dry controlled environment out of direct sunlight. This material should be suitable for use stored under these conditions in the original sealed containers for twelve (12) months from the date of shipment. Failure to store this product as recommended above may lead to deterioration in product performance. Mix individual components thoroughly before use. Health I Safety Refer to the Safety Data Sheet. See ELANTAS PDG Technical Bulletins TI-100 - Handling Precautions for Epoxy Resins and TI- 4005 - Epoxy Reaction Potential Hazards for additional information. Property Conditions Value Units Tyfo°-PWR Part A Tyfo°-PWR Part B Viscosity 25°C 1 77°F 2,400 — 31600 500 - 800 cP Weight per Gallon 25°C 1 77°F 9.50 — 9.80 8.00 — 8.10 pounds Flash Paint ASTM D93 94 > 201 > 94 > 201 ° C °F Mix Ratio Parts by weight 100 4 Typical Properties of Mixed Materials Property Conditions Value Units Gel Time (200 mL) 25°C 1 77°F 50 - 60 hours Volatile Organic Content ASTM D6053 < 0.1 I'l pounds I gallon "I VOC test methods and limits vary widely by regulatory jurisdiction and product application. The value above was obtained by curing a thin film under specific laboratory conditions (2 grams - 9 hour - 156°C). Contact your ELANTAS PDG representative regarding alternate methods. Q ELANTAS Electrical Insu cation r o°-PWR RDD 01127/17 Page 2 of 3 A member of ILI ALTANA Tyfo®-PWR Processing 1 Curing Schedule Tyfo�-PWR Part A and Tyfo"-PWR Part B should be conditioned before use by cooling to 15 — 20°C 1 59 — 68°C. Add Part B to Part A in the ratio specified above using meter mix equipment or a mixing tank equipped with a mechanical mixer. Mix until homogenous (typically 4 - 6 minutes). Keep mixture below 25°C 1 77°F to maximize available pot life for application. Saturate the pipe liner with the mixture, using vacuum if desired for improved penetration. Calendar, if necessary, to remove excess liquid. Insert liner into pipe, maintaining air or water pressure to assure contact with the pipe surface. The system will cure at room temperature in 48 - 72 hours but a heat cure, with either hot water or steam, is recommended for best performance: Cure: 4 hours at 90°C 1 194°F Pressure should be maintained during cool down to avoid collapse of the liner. This may require 8 — 10 hours depending on ambient temperature and the thickness of the liner. The cure schedule above is based on time after the unit reaches the specified temperature and is a recommendation only. The user is responsible for determining the optimum cure conditions for his application. Typical Mechanical Properties — Specimens cured 4 hours at 90'C 11947 Property Test Method Conditions Value Units Shore Hardness ASTM D2240 25°C 177°F D 83 Linear Shrinkage ASTM D2566 < 1 % Tensile Strength ASTM D638 25°C 1770F 9,600 psi Elongation ASTM D638 25°C 177°F 8 % Glass Transition Temp. (TO ASTM E831 TMA 77 °C Coefficient of Thermal Expansion ASTM E831 below T9 above T9 70 240 ppm / °C ppm 1 °C The above properties are typical values and are not intended for specification use. ELANTAS PDG, Inc. warrants the chemical composition of its products within stated tolerances, but does not guarantee that a product will be appropriate for any particular application. Any recommendation, performance of tests or suggestion is offered merely as a guide and is not a substitute for a thorough evaluation by the user. No representative of ELANTAS PDG, Inc. has the authority to offer a warranty that a product will perform satisfactorily in manufacturing a product and no such representation should be relied upon. The user may forward, distribute. and/or photocopy this document only if unaltered and complete, and should refrain from any unauthorized use. This document may not be copied to a website without specific authorization from ELANTAS PDG, Inc. FOR INDUSTRIAL USE ONLY © 2017 ELANTAS PDG, Inc. All Rights Reserved Q ELANTAS Electrical Insulation Tyfo9-PWR Raa 01127/17 Page 3 of 3 A member of ILI ALTANA ALTERNATE PRODUCT BID Polyester Resin Bid Form BID FORM 8J. Bid Fees Item Description Unit Unit Price Day Rate: Multiple Locations EA $ 4.250.00 Traffic Control/ MOT, Equipment Set-up and Monitoring Mobilization Per Vehicle EA $ 1,850.00 Sanitary Sewer Manhole & Pipe Preparation/ Plug, Preclean and Video Vac Truck, Pre Clean Sanitary Sewer LF $ 5.00 CCTV/Video, Pre Video Sanitary Sewer LF $ 3.00 Sanitary Sewer CIPP Installation CIPP Liner Equipment Site SET -up Per Run EA $ 45000 Sanitary Sewer CIPP 4.5 mm Liner Thickness (used in 2 -14 ft manhole depths) 6" Diameter Minimum Footage LF $ 72.87 150 8" Diameter LF $ 59.97 150 10" Diameter LF $ 6462 150 12" Diameter LF $ 6832 150 16" Diameter LF $ 80.66 150 18" Diameter LF $ 91.97 150 24" Diameter LF $ 11569 150 Sanitary Sewer CIPP 6 mm Liner Thickness (used in 14-2-5 ft manhole depths or where more structural integrity is needed) 6" Diameter LF $ 7984 Minimum Footage 150 8" Diameter LF $ 6204 150 10" Diameter LF $ 67.38 150 12" Diameter LF $ 7249 150 16" Diameter LF $ 9209 150 18" Diameter LF $ 9776 150 24" Diameter LF $ 125,57 150 Sanitary Sewer CIPP Reinstatement Mainline Lateral Reinstatement EA $ 365.00 Mainline Invert Reinstatement EA $ 865AO Sanitary Sewer CIPP Installation Post Video CCTV/Video, Post Video LF $ 225 Additional Services Plugging Mainline 6"-10" Day $ 47500 Plugging Mainline 12"-16" Day $ 89500 Plugging Mainline 18"-24" Day $ 1,295.00 Manhole Bypass Pumping 6"-10" Flow Day $ 700.00 Manhole bypass Pumping 12"-16" Flow Day $ 2,40000 Manhole Bypass Pumping 18"-24" Flow Day $ 3.900.00 Mainline Hammer Tap/ Extended Lateral Removal EA $ 2.50R00 Root Intrustion Removal HRLY $ 27500 Chemical Grout Repairs 6"-10" EA $ 650.00 Chemical Grout Repairs 12"-16" EA $ 850.00 Chemical Grout Repairs 18"-24" EA $ 1,050.00 Additional Video and Reports EA $ 7500 City of South Daytona, BID NO. 23-B-005. Sewer Rehabilitation Services, Page 80 of9-4 V Insituform° An Aeglon - Company Worldwide Pipeline 17999 Edison Ave. Tel: (636) 530-8000 Rehabilitation Polyester Resin for Gravity CIPP Applications Chesterfield, MO 63005 Far: (636) 530-8744 102T Series Polyester Resin Aug 2020 Insituform's 102T Series is a family of polyester resins for gravity sanitary and storm sewer applications. Resins currently approved for the 102T Series include: AOC L758 Interplastic COR78-AT-559/5XX AOC L721 Insituform 102T Typical Resin/Felt Properties Flexural Strength, psi/MPa 4,500/31.5 ASTM D 790 Flexural Modulus, psi/MPa 400,000/2,760 ASTM D 790 Description Insituform's 102T Series resins are comprised of filled, thixotropic polyester resins and are excellent applications for sanitary and storm sewers. These resins can also be used in some industrial applications. Polyester resins provide the corrosion resistance required for sanitary sewer applications and also provide the durability needed for long-term applications. Features Good physical properties, corrosion resistant, durable, good long-term properties, excellent catalyzed pot life, high heat distortion temperature and high molecular weight. Safety Safety guidelines are available in the appropriate Material Safety Data Sheet. Detailed Information Detailed information for any of the approved resins in the 102T Series can be provided upon request. V Insituform An Aegloiv Company lVo ldivide Pipeline 17999 Edison Ave. Rehabililalion Corrosion Testing for Gravity CIPP Applications Chesterfield, MO 63005 Tel: (636) 530-8000 Far: (636) 530-8744 102T Series Polyester Resin Aug 2020 Insituform's 102T Series is a family of polyester resins for gravity sanitary and storm sewer applications. Resins currently approved for the 102T Series include: AOC L758 Interplastic COR78-AT-559/5XX AOC L721 Insituform 102T Typical Resin/Felt Properties Flexural Strength, psi/MPa 4,500/31.5 ASTM D 790 Flexural Modulus, psi/MPa 400,000/2,760 ASTM D 790 Chemical Resistance Testing CIPP laminates made from each of Insituform's 102T Series resins are tested for chemical resistance in accordance with ASTM F1216 for one month exposure and ASTM D5813 for one year exposure. Test Results The results of the ASTM F 1216 and D 5813 chemical corrosion testing are shown in the attached data sheets ASTM F 1216 CORROSION TESTING RESULTS and ASTM D 5813 CORROSION TESTING RESULTS, respectively. Detailed Information Detailed information for any of the approved resins in the 102T Series can be provided upon request. INSITUFORM TECHNOLOGIES 102T SERIES POLYESTER RESIN ASTM D 5813 CORROSION TESTING RESULTS AOC L721-LTA AOC 1-7581TI COR 78-AT-559/SXX INSITU FORM 102T RETEMION REQUIROVE T REQUIREMENT RETENnoN RIQUIREMENT RETENnON REQUIREMENT VALUE sox VALUE wx VALUE m VALUE W% CONTROL SAMPLE Flexural Modulus, psi 619,000 668,000 666,000 742,000 1% NITRIC ACID Flexural Modulus, psi 533,000 561,000 620,000 70D,000 % Retention 86% PASSED 84% PASSED 93% PASSED 94% PASSED S%SULFURIC ACID Flexural Modulus, psi 562,000 572,000 637,000 728,0D0 % Retention 91% PASSED 86% PASSED 96% PASSED 98% PASSED 100% ASTM FUEL C FLEXURAL MODULUS, psi 587,000 656,0D0 595,000 744,000 Y. Retention 95% PASSED 10D% PASSED 89% PASSED 3009E PASSED 100%VEGETABLE OIL FLEXURAL MODULUS, psi 634,060 665,000 674,000 7S3 000 % Retention 102% PASSED 10D% PASSED 101% PASSED 101% PASSED 0.109'o DETERGENT Flexural Modulus, psi 550,000 591,000 638,000 633,000 % Retention 89% PASSED 39% PASSED 96% PASSED 85% PASSED 0.10%SOAP Flexural Modulus, psi 553.000 653,000 6451000 654,000 %Retentlon 89% PASSED 98% 1 PASSED 97% 1 PASSED 88% PASSED 'Aujv{I Eom INSITUFORM TECHNOLOGIES 102T SERIES PLOYESTER RESIN ASTM F 1216 CORROSION TESTING RESULTS AOC L721-LTA AOC L758-LTI _-'. COR 78-AT-559/SXX REQUIREMENT:{ RETENTION 80% il VALUE '; INSITUFORM 102T REgtHREMENT - RETENTION REQUIREMENT;; RETENTION REQUIREMENT.I RETENTION 80% ;• VALUE VALUE 80% i. VALUE 80% CONTROL SAMPLE FLEXURAL STRENGTH, psi':: _ -FLEXURAL MODULUS, psi;: 6,650 590,000 `i 6,896 750,666 ,-_6,048 " 722,710 8180 : _66S 87 : i TAP WATER i _ 7896 FLEXURALSTRENGTH,psl; 7,602 PASSED 6,353 100% 632,142 PASSED -^6,703 97% %RETENTION`; 114% PASSED ' 97% 648714 PASSED PASSED FLEXURAL MODULUS, pSl; 551,706 _ 730 936 PASSED 97% % RETENTION!l 94% _' PASSED 88% PASSED 97% : 5% NITRIC ACID 1 _ FLEXURAL STRENGTH, psi 1 7,464 _ %RETENTION _112% FLEXURAL MODULUS, psi ; 568,S65 5,924 PASSED ;� 99% PASSED PASSED 7858 96% 640045 96% PASSED ;i 6,281 91K PASSED 616,116 75S,S52 PASSED %RETENTION 96% PASSED 85% PASSED- 101% = - 7,177 10%PHOSPHORIC ACID .? 6,291 FLEXURAL STRENGTH, psi , 7,623 i 7709 %RETENTION SSS% PASSED 100% PASSED j 94% 663334 PASSED ' 104% 757,194 PASSED FLEXURAL MODULUS, psi %RETENTION f - 544,623 92% 678,126 PASSED PASSED 94% 6,236 PASSED 100% PASSED 101% 10%SULFURIC ACID 6,989 PASSED I 7774 9 % FLEXURAL STRENGTH, psi .1 7,557 _ % RETENTION ; 114% PASSED 100% ,_._. PASSED IOi% PASSED FLEXURAL MODULUS, psi 575,028 646,307 PASSED 667650 100% PASSED _ ._ .- 745,008 99% PASSED % RETENTION ; 97% __.... _ PASSED 90% , 100% GASOLINE 8527 PASSED FLEXURAL STRENGTH, psi i 8,397 6,576 _ PASSED 100% _ PASSED T _ 7,639 111% 765,138 - -%RETENTION , _ FLEXURAL MODULUS, psi ` - % RETENTION 126% 599,527 102% PASSED 104% 69S,498 PASSED _ 656421 99% 8039 PASSED PASSED 96% _ PASSED 102% 100% VEGETABLE OIL FLEXURAL STRENGTH, si,; 7,852 PASSED PASSED - 6,460 100% 685,065 95% 6,772 _ %RETENTION ' _ 118% PASSED 98% PASSED PASSED 989e - 759,959 101% PASSED FLEXURAL MODULUS, psi i 624,613 -- 675249 % RETENTION 106% PASSED 101% PASSED 7697 0.1% DETERGENT f - PASSED FLEXURALSTRENGTH1 7,125 _ % RETENTION ; 107% 6,396 PASSED PASSED 6,712 97% 737,963 98% PASSED 100% PASSED PASSED 94% 638719 96% - 7778 FLEXURAL MODULUS, psl ; S48,941 - 682,070 PASSED °rtiRETENTION ; 93% PASSED 94% 0.1%SOAP FLEXURAL STRENGTH, PSI 6,771 _ - - - - -- S,906 PASSED „ 7,164 104% %RETENTION 101% PASSED 1 98% PASSED 9S% PASSED _ FLEXURAL MODULUS, El; - 562,800 649,337 a 644970 PASSED - 767,237 J102% PASSED % RETENTION ? 95% PASSED 90% PASSED - 97% NOTE: Testing was completed In accordance vAth ASTM D543 August 2020 o Insituform An Aegion• Company IYorirhvide Pipeline 17999 Edison Ave. Tel: (636) 530-8000 Rehabilitation Chesterfield, MO 63005 Fax: (636) 530-8744 1.02T Series Polyester Resin Aug 2020 Flexural Creep Testing for Gravity CIPP Applications Insituform's 102T Series is a family of polyester resins for gravity sanitary and storm sewer applications. Resins currently approved for the 102T Series include: ACC L758 Interplastic COR78-AT-559/5XX AOC L721 Insituform 102T Typical Resin/Felt Properties Flexural Strength, psi/MPa 4,500/31.5 ASTM D 790 Flexural Modulus, psi/MPa 400,000/2,760 ASTM D 790 Flexural Creep Testing CIPP laminates made from each of Insituform's 102T Series resins were tested for flexural creep in accordance with ASTM D2990 for 10,000 hours. Test Results The results of tests for each group of laminates were plotted from 100 hours to 10,000 hours on a log/log graph, and a linear trend line was created. The 50 year flexural creep modulus was estimated by extending the linear regression to 50 years. Safety Safety guidelines are available in the appropriate Material Safety Data Sheet. Detailed Information Detailed information for any of the approved resins in the 102T Series can be provided upon request. ASTM D 2990 Creep Modulus Data Insituform 102 T/TA Polyester Resin Insituform-102 Series Resin CENTRE for ADVANCEMENT of TRENCHLESS TECHNOLOGIES Test Reporting Date May 1, 2005 Elapsed Time hours Flex Displ Avg (in) Flex Creep Mod Avg (psi) LogValues Time Modulus 1000 0.7240 593614 3.0000 5.7735 3000 0.7767 552208 3.4771 5.7421 6000 0.7920 541394 1 3.7782 5.7335 10000 0.8350 512511 4.0000 5.7097 438000 412000 5.6415 5.6149 50-year projected creep modulus = 412,000 psi Nate; Data available in full report 1000 to 10000 Hours 5.8000 5.7800 Q 5.7600 1000 to 10000 Hours 3 5.7400 -0 5.7200 - linear (1000 to 10000 Hours) E 5.7000 a 5.6800 5.6600 50 Year ba 5.6400 -0J 5.6200 5.6000 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 6.5 Log Time (Hrs) August 2020 ASTM D 2990 Creep Modulus Data AOC L721-LT Polyester Resin Insituform 102 Series Resin Microbac Test Reporting Date December 13, 2011 Elapsed Time hours Flex Displ Avg (in) Flex Creep Mod Avg (psi) LogValues Time Modulus 100 0.4277 486685 2.0004 5.6872 196 0.4268 472531 2.2911 5.6744 335 0.4260 461658 2.5244 5.6643 437 0.4254 453185 2.6404 5.6563 1441 0.4231 423727 3.1586 5.6271 2043 0.4220 411252 3.3102 5.6141 2620 0.4211 401484 3.4183 5.6037 3362 0.4203 393836 3.5266 5.5953 4293 0.4195 385482 3.6328 5.5860 4892 0.4190 380492 3.6895 5.5803 5640 0.4185 375809 3.7513 5.5750 6122 0.4182 373235 3.7869 5.5720 6718 0.4180 371235 3.8272 5.5696 7415 0.4175 367127 3.8701 5.5648 8230 0.4171 363806 3.9154 5.5609 9270 0.4168 360535 3.9671 5.5569 9913 0.4166 359357 3.9962 5.5555 10179 0.4165 358178 1 4.0077 5.5541 438000 278,100 5.6415 5.4442 50-year projected creep modulus = 278,100 psi 100 to 10000 Hours 5.7500 5,7000 t100 to 10000 Hours 3 5.6500 0 5.6000 Linear (100 to 10000 Hours) o. 5.5500 m 50 Year u 5.5000 S 5.4500 IP 5.4000 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.56.0 6.5 Log Time (Hrs) August 2020 ASTM D 2990 Creep Modulus Data AOC L758-LTI Polyester Resin Insituform 102 Series Resin Hauser Laboratories Boulder, CO Test Reporting Date August 17, 2005 Elapsed Time hours Displacement Av in Creep Modulus Avg (psi) Log Values Time Modulus 99 0.0290 584660 1.9948 5.7669 197 0.0298 669260 2.2953 5.7553 268 0.0303 560940 2.4285 5.7489 500 0.0312 544620 2.6993 5.7361 698 0.0318 633000 2.8440 5.7267 1037 0.0325 522140 3.0157 5.7178 1343 0.0932 510740 3.1281 5.7082 2014 0.0339 500180 3.3040 5.6991 2758 0.0346 489720 3.4406 5.6899 3458 0.0362 482240 3.5388 5.6833 4200 0.0356 476220 3.6233 5.6778 4925 0.0360 471140 3.6924 5.6731 5637 0.0363 467240 3.75.10 5.6695 6381 0.0367 462120 3.8049 5.6648 7102 0.0369 459640 3.8514 5.6624 7751 0.0371 457380 3.8894 5.6603 8493 0.0372 456440 3.9291 5.6594 9262 0.0373 454440 3.9667 5.6575 10011 0.0375 452500 4.0005 5.6556 438000 362300 5.6415 5.5591 50-year projected creep modulus = 362,300 psi 5.8000 a_ 5.7500 y 5.7000 -a 5.6500 a 5.6000 u C S.5500 J 5.5000 100 to 10000 Hours -100 to 10000 Hours -Linear (100 to 10000 Hours) 1.5 2.0 2.S 3.0 3.5 4.0 4.5 5.0 S.S 6.0 6.S Log Time (Hrs) August 2020 ASTM D 2990 Creep Modulus Data Interplastic COR 78-AT-559/5XX Polyester Resin Insituform-102 Series Resin Interplastic Corporation Thermoset Resins Division Test Reporting Date September 18, 2012 Elapsed Time hours Displacement Av in Creep Modulus Av(psi) Log Values Time Modulus 100 no data 527400 2.0000 5.7221 196 available 516500 2.2923 5.7131 500 486900 2.6990 5.6874 700 474600 2.8451 5.6763 1004 463100 3.0017 5.6657 2012 443300 3.3036 5.6467 3019 433900 3.4799 5.6374 4028 424900 3.6051 5.6283 5036 422000 3.7021 5.6253 6044 420400 3.7813 5.6237 7052 414400 3.8483 5.6174 8059 409400 3.9063 5.6121 9000 402700 1 3.9542 5.6050 10003 397800 4.0001 5.5997 438000 320200 5.6415 5.5054 50-year projected creep modulus = 320,200 100 to 10000 Hours 5,7500 .n, 5.7000 H 5.6500 -0-100 to 10000 Hours -Linear (100 to 10000 Hours) V 2 5.6000 C. 5.5500 9 Year V � 3 5.5000 5.4500 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 6.5 Log Time (Hrs) August 2020 ^Dc'ft If i»-lti Lletrtio-r in Rewin Terhunlolm Product Information Isophthalic Based Resin for Underground Sewer Pipe Liners Flexural Strength, psiAlPa Nominal Test Method 4,500/31.5 ASTM D 790 Flexural Modulus, psi/GPa 400AX)/2.7 ASTM D790 *Typical properties arc not to he construed as specifications. AOC's 102 T Filled is a high molecular weight isophthalic unsaturated polyester resin that was developed for Insitulorm Technologies, Inc. and their licensees. 102 T Filled provides the corrosion resistance, durability and toughness that is required in this demanding application. Using recommended catalyst systems and temperatures, up to 50 hours of catalyzed pot fife may be obtained. 102 T Filled thixotropic properties reduce resin pooling while providing superior PET felt wet -out. FEATURES APPLICATION • Excellent catalyzed pot life ■ Sewer pipe liners • Superior mechanical properties • High molecular weight • High heat distortion tempature ACK: n,>m4 —I dam�u ^ovyncrosna cam J inand Foe .f�613t9Bd27 ar.,AA 1—i—Rnie Tnrh.,dw www.atx-reslna.cam The wlvr W ceelatned n tfua aala Shaft Ut �sod da tatty<alo v data anp Wit emeoenep We behave me nfoimataa la be lakobAe. W I do not gea.amee lla aPPitcaWny to me users ptaassa assume any M Wnv lop occuneoces attatng out at as usa. The use+ ay accMrg the ➢tndl+at' doKlibed T,—lo ag' s to be tesponucle let etnrougt,1V Test" each such ptutun no— canmhtrg la Pmauntoe OUT recdmmendalgM1v should hdt Ua to Men as 1odUCe—tS 10 tutelage any patenI PrvpfaSe aey Glut safety [age Ut M UR o tagulat,m 102 T Filled Polyester Resin PERFORMANCE GUIDELINES Consistent shop conditions contribute to consistent gel times. STORAGE STABILITY Resins are stable for three months from date of production when stored in the original containers away from sunlight at no more than 70°F/21'C. After extended storage, some drift may occur in gel time. During the hot summer months, no more than two months stability at 86aF/30aC should be anticipated. SAFETY See appropriate Material Safety Data Shect for guidelines. ISO 9001:2000 CERTIFIED The Quality Management Systems at every AOC manufacturing facility have been certified as meeting ISO 9001:2000 standards. This certification recognizes that each AOC facility has an internationally accepted model in place for managing and assuring quality. We follow the practices set forth in this model to add value to the resins we make for our customers. Pub. No. E-AOC-102 '1' Copyright (D 2009. AOC L.L.C. Effective Date. May 20119 InsitutuformO CIPP (CURED) Safety Data Sheet according to Federal Register 1 Voi. 77, No 581 Monday, March 26. 2012 / Rules and Regulations 5,1. Extinguishing media No additional information available 5.2. Special hazards arising from the substance or mixture Fire hazard : Not considered Flammable, but may burn at high temperatures. Explosion hazard Product is not explosive. Reactivity The product is non -reactive under normal conditions of use, storage and transport 5.3. Advice for firefighters Firefighting instructions Exercise caution when fighting any chemical fire. Protection during firefighting Do not enter fire area without proper protective equipment, including respiratory protection. SECTION 6.1. Personal precautions, protective equipment and emergency procedures General measures Do not breathe fumes from fres or vapors from decomposition. Avoid prolonged contact with eyes, skin and clothing. 6.1.1. For non -emergency personnel Protective equipment Use appropriate personal protection equipment (PPE). Evacuate unnecessary personnel. Emergency procedures Ventilate spillage area. 6.1.2. For emergency responders Protective equipment Do not attempt to take action without suitable protective equipment. Emergency procedures Ventilate area. 6.2. Environmental precautions None known. 6.3. Methods and material for containment and cleaning up For containment Contain and collect as any solid Methods for cleaning up Cleanup spills immediately and dispose of waste safely. &4. Reference to other sections For further information refer to section 8: "Exposure controls/personal protection". SECTIONstorage 7.1. Precautions for safe handling Additional hazards when processed When heated to decomposition. emits toxic fumes Hygiene measures Do not eat, drink or smoke when using this product. Always wash hands after handling the product. 7.2. Conditions for safe storage, including any incompatibilities Storage conditions Store in a dry, cool and well -ventilated place. Incompatible products Strong acids. Strong bases. Strong oxidizers. 8.1. Control parameters Titanium Dioxide (13463-67-7) ACGIH ACGIH TVVA (mglm') 10 mglm' (Titanium dioxide; USA, Time -weighted average exposure limit 8 h: TLV - Adopted Value) ACGIH Remark (ACGIH) LRT irr: A3 OSHA OSHA PEL (TWA) (mglm') 15 mglm' 6.2. Exposure controls Appropriate engineering controls Ensure good ventilation of the work station. 02/1812016 EN (English US) 215 InsitutuformO CIPP (CURED) Safety Data Sheet according to Federal Register! Vol 77. No 58 1 Monday, March 26. 20121 Rules and Regulations Personal protective equipment Gloves. Safety glasses. Hand protection Protective gloves. Eye protection Safety glasses. Respiratory protection None required under normal product handling conditions. If exposure limits are exceeded or irritation is experienced, approved respiratory protection should be worn. 9.1. Information on basic physical and chemical properties Physical state : Solid Appearance : White polyester fiber tube containing cured resin. Color Blue; White Odor No data available Odor threshold No data available pH No data available Melting point No data available Freezing point Not applicable Boiling point No data available Flash point Not applicable Relative evaporation rate (butyl acetate=1) No data available Flammability (solid, gas) No data available Explosion limits Not applicable Explosive properties No data available Oxidizing properties No data available Vapor pressure No data available Relative density Not applicable Relative vapor density at 20 °C No data available Solubility No data available Log Pow No data available Auto -ignition temperature Not applicable Decomposition temperature No data available Viscosity No data available Viscosity, kinematic Not applicable Viscosity, dynamic No data available 9.2. Other Information No additional information available 10.1. Reactivity The product is non -reactive under normal conditions of use, storage and transport. 10.2- Chemical stability Stable under normal conditions- 10.3. Possibility of hazardous reactions No dangerous reactions known under normal conditions of use. 10.4. Conditions to avoid None under recommended storage and handling conditions (see section 7). 10.& Incompatible materials No additional information available 0211812D16 EN (English US) 315 InsitutuformO CIPP (CURED) Safety Data Sheet according to Federal Register) Vol 77, No. 581 Monday. March 26. 20121 Rules and Regulations 10.6. Hazardous decomposition products Under normal conditions of storage and use, hazardous decomposition products should not be produced. SECTIONToxicological 11.1. Information on toxicological effects Acute toxicity : Not classified Titanium Dioxide (13463-67-7) LD50 oral rat > 10000 mglkg (Rat: OECD 425: Acute Oral Toxicity: Up -and -Down Procedure, Experimental value; > 5000 mglkg bodyweight Rat; Experimental value) LD50 dermal rabbit > 10000 mglkg (Rabbit; Literature study) LC50 inhalation rat (mg/1) > 6.8 mg1ll4h (Rat; Experimental value) Skin corrosionlirritation Not classified Serious eye damagelirritation Not classified Respiratory or skin sensitization Not classified Germ cell mutagenicity Not classified Carcinogenicity Suspected of causing cancer. Titanium Dioxide (13463-67-7) IARC group 26 - Possibly carcinogenic to humans Reproductive toxicity Not classified Specific target organ toxicity (single exposure) : Not classified Specific target organ toxicity (repeated Not classified exposure) Aspiration hazard Not classified Symptomslinjuries after inhalation Not expected to present a significant inhalation hazard under anticipated conditions of normal use. Symptoms/injuries after skin contact Product is not irritating for the skin. Symptomslinjuries after eye contact Eye contact is not considered a potential route of exposure. Chronic symptoms None known. SECTIONEcological 12.1. Toxicity Ecology - general The product is not considered harmful to aquatic organisms or to cause long-term adverse effects in the environment. Titanium Dioxide (13463-67-7) EC50 Daphnia 1 > 100 mgll (LC50; Equivalent or similar to OECD 202: 48 h; Daphnia magna; Static system; Fresh water; Weight of evidence) Threshold limit algae 1 61 mgll (EC50; Other; 72 h; Pseudokirchneriella subcapitata; Static system; Fresh water; Experimental value) 12.2. Perststance and degradablitty Titanlum Dioxide (13463.67-7) Persistence and degradabiiity Biodegradability: not applicable. Low potential for mobility in soil Biochemical oxygen demand (BOD) Not applicable Chemical oxygen demand (COD) Not applicable ThOD Not applicable 113. Bioaccumulative potential Titanium Dioxide (13463-67-7) Bioaccumulative potential I Not bioaccumulative. I ZA, Mobility In soil No additional information available 02f1812016 EN (English US) 416 insitutuform® CIPP (CURED) Safety Data Sheet according to Federal Register/ Vol_ 77. No 581 Monday, March 26, 2012 1 Rules and Regulations 12-IL Other adverse effects Effect on the global warming No known ecological damage caused by this product. 13.1. Waste treatment methods Waste treatment methods Dispose of contentsicontainer in accordance with local, state, and federal regulations. SECTION 14: Transport information Department of Transportation (DOT) In accordance with DOT Not regulated for transport TDG TOG Primary Hazard Classes Transport by sea Class (IMDG) Air transport Class (IATA) 15.1. US Federal regulations Not regulated for transport Not regulated for transport Not regulated for transport Titanium Dioxide (13463-67-7) Listed on the United States TSCA (Toxic Substances Control Act) inventory Propylene ethylene copolymer (9010-79-1) Listed on the United States TSCA (Toxic Substances Control Act) inventory 15.2. International regulations CANADA No additional information available EU-Regulations No additional information available National regulations Titanium Dioxide (13463-67-7) Listed on IARC (International Agency for Research on Cancer) 15.3. US State regulations Titanium Dioxide (13463-67-7) U S. - New Jersey - Right to Know Hazardous Substance List !SECTIONOther Other information This document has been prepared in accordance with the SIDS requirements of the OSHA Hazard Communication Standard 29 CFR 1910.1200_ SAS US (GHS HazCom 2012) This information is based on our current knowledge and intended to descnbe the preducf for the purposes of heallh, safely and environmental requirements only It should not therefore be construed as guaranteeing any specrlic property of the product 02118/2016 EN (English US) 515 (�% Insituform® CIPP (Uncured) IisltuAwm Safety Data Sheet According To Federal Register/ Vol. 77, No. 58 J Monday, March 26, 2012 IN ules And Regulations AEGION Revision Date: 08110/2015 pate or issue: 08/10f2015 1.1. Product Identifier Product Form: Mixture Product Name: Insituform CIPP (Uncured) Product Code: Impregnated Insitutube Product (Polyester Filled) 1.2. Intended Use of the Product Use of the substance/mixture: Sewer rehabilitation. For professional use only. 1.3. Name, Address, and Telephone of the Responsible Party Company Insituform Technologies, LLC 17988 Edison Ave. Chesterfield, MO 63005 T: 636.530.8000 www.insituform.com 1.4. Emergency Telephone Number Emergency Number 877.576.2653 2.1. Classification of the Substance or Mixture Classification (GHS-US) Flam. Liq. 3 H226 Skin Irrit. 2 H315 Eye Irrit. 2A H319 Skin Sens. 1 H317 Carc. 2 H351 STOT SE 3 H335 5TOT RE 1 H372 Asp. Tox. 1 H304 Full text of H-phrases: see section 16 2.2. Label Elements GHS-US Labeling Hazard Pictograms (GHS-US) Signal Word (GHS-US) Hazard Statements (GHS-US) Precautionary Statements (GHS-US) • GH50� GH50] '.�.S�F Version: 1.0 Danger H226 - Flammable liquid and vapor. H304 - May be fatal if swallowed and enters airways. H315 - Ca uses skin irritation. H317 - May cause an allergic skin react"son. H319-CaUses serious eye irritation. H33S - May cause respiratory irritation. H351- Suspected of causing cancer. H372 - Causes damage to organs through prolonged or repeated exposure. P201 - Obtain special instructions before use. P202 - Do not handle until all safety precautions have been read and understood, P210 - Keep away from extremely high or low temperatures, ignition sources, and incompatible materials. - No smoking. P233 - Keep container tightly closed. P240 - Ground/bond container and receiving equipment. P241 - Use explosion -proof electrical, ventilating, and lighting equipment. P242 - Use only non -sparking tools. P243 - Take precautionary measures against static discharge. P260 - Do not breathe vapors, mist, or spray. P264 - Wash hands, forearms, and other exposed areas thoroughly after handling. P270 - Do not eat, drink or smoke when using this product. 09/1012025 EN {English US) 1/11 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register/ Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations P271- Use only outdoors or in a well -ventilated area. P272 - Contaminated work clothing must not be allowed out of the workplace. P273 - Avoid release to the environment. P280 - Wear protective gloves, protective clothing, and eye protection. P301+P310 - IF SWALLOWED: Immediately call a poison center or doctor. P303+P361+P353 - IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. P304+P340 - IF INHALED: Remove person to fresh air and keep at rest in a position comfortable for breathing. P305+P351+P338 - IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. P308+P313 - If exposed or concerned: Get medical advice/attention. P331 - Do NOT induce vomiting. P362+P364 - Take off contaminated clothing and wash it before reuse. P370+P378 - In case of fire: Use alcohol resistant foam, carbon dioxide (CO2), extinguishing powder to extinguish. P391 - Collect spillage. P403+P235 - Store in a well -ventilated place. Keep cool. P405 - Store locked up. P501- Dispose of contents/container in accordance with local, regional, national, and international regulations. 2.3. Other Hazards This material contains organic peroxides. Heating may cause hazardous decomposition. Hazardous decomposition products from peroxides are flammable and can be explosive under confinement. Exposure may aggravate those with pre-existing eye, skin, or respiratory conditions. 2.4. Unknown Acute Toxicity (GHS-US) No data available SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS 3.1. Substance Not applicable 3.2. Mixture Name Product Identifier % Classification (GHS-US) Styrene (CAS No) 100-42-5 < 45 Flam. Liq. 3, H226 Acute Tox. 4 (Oral), H302 Acute Tox. 4 (Inhalation: vapor), H332 Skin Irrit. 2, H315 Eye Irrit. 2A, H319 Carc. 2, H351 STOT SE 3, H335 STOT RE 1, H372 Asp. Tox. 1, H304 Aquatic Acute 2, H401 Aquatic Chronic 3, H412 Talc Proprietary <= 30 Not classified Proprietary 1— Organic Peroxide Proprietary <= 3 Org. Perox. C, H242 Skin Sens. 1, H317 Aquatic Acute 1, H400 Aquatic Chronic 1, H410 Proprietary 2 — Organic Peroxide Proprietary <= 3 Org. Perox. D, H242 Skin Sens. 1, H317 08/10/2015 EN (English US) 2/11 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations Proprietary 3 — Organic Peroxide Proprietary <= 3 Org. Perox. C, H242 Acute Tox. 4 (In halation:dust,mist), H332 Skin Irrit. 2, H315 Skin Sens. 1, H317 Aquatic Acute 1, H400 Aquatic Chronic 3, H412 Proprietary 4 — Organic Peroxide Proprietary <= 3 Org. Perox. C, H242 Skin Sens. 1, H317 Aquatic Acute 3, H402 Aquatic Chronic 3, H412 Proprietary 5 — Organic Peroxide Proprietary <= 3 Org. Perox. B, H241 Proprietary 6 — Organic Peroxide Proprietary <= 3 Org. Perox. D, H242 Skin Sens. 1, H317 Aquatic Acute 1, H400 Aquatic Chronic 1, H410 Butylcyclohexanol Proprietary <= 1.5 Eye Irrit. 2A, H319 Aquatic Acute 3, H402 Quartz Proprietary <= 1 Carc. 1A, H350• STOT SE 3, H335 STOT RE 1, H372 Alkanes Proprietary <= 1 Asp. Tox. 1, H304 Aquatic Chronic 4, H413 Isododecane Proprietary <= 1 Asp. Tox. 1, H304 Titanium dioxide Proprietary <= 0.5 Carc. 2, H351"" *Evidence indicates that quartz dust causes cancer and lung disease when inhaled over an extended period of time. Since this product is in a liquid form, the quartz dust is not able to become airborne and cannot be inhaled. Thus, the hazards usually associated with quartz dust are not applicable to this product. "Titanium dioxide is suspected of causing cancer through inhalation. Since this product is in a liquid form, titanium dioxide is not able to become airborne and cannot be inhaled. Thus, the hazards usually associated with titanium dioxde dust are not applicable to this product. The specific chemical identity and/or exact percentage of composition has been withheld as a trade secret within the meaning of the OSHA Hazard Communication Standard [29 CFR 1910.12001. Full text of H-phrases: see section 16 SECTION 4: FIRST AID MEASURES 4.1. Description of First Aid Measures First -aid Measures General: Never give anything by mouth to an unconscious person. If you feel unwell, seek medical advice (show the label if possible). First -aid Measures After Inhalation: Remove to fresh air and keep at rest in a position comfortable for breathing. Obtain medical attention if breathing difficulty persists. First -aid Measures After Skin Contact: Remove contaminated clothing. Drench affected area with water or soap and water for at least 15 minutes. Wash contaminated clothing before reuse. Obtain medical attention if irritation develops or persists. First -aid Measures After Eye Contact: Rinse cautiously with water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Obtain medical attention. First -aid Measures After Ingestion: Do NOT induce vomiting. Rinse mouth. Immediately call a POISON CENTER or doctor/physician. 4.2. Most important symptoms and effects, both acute and delayed Symptoms/Injuries: Causes serious eye irritation. Causes skin irritation. May cause an allergic skin reaction. Suspected of causing cancer. Causes damage to organs through prolonged or repeated exposure. May cause respiratory irritation. May be fatal if swallowed and enters airways. Symptoms/Injuries After Inhalation: Sneezing, coughing, burning sensation of throat with constricting sensation of the larynx and difficulty in breathing. Symptoms/Injuries After Skin Contact: Redness, pain, swelling, itching, burning, dryness, and dermatitis. Symptoms/Injuries After Eye Contact: Redness, pain, swelling, itching, burning, tearing, and blurred vision. O8/10/2015 EN (English US) 3/11 InsituformO CIPP (Uncured) Safety Data Sheet According to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations Symptoms/Injuries After Ingestion: The major health threat of ingestion occurs from the danger of aspiration (breathing) of liquid drops into the lungs, particularly from vomiting. Aspiration may result in chemical pneumonia (fluid in the lungs), severe lung damage, respiratory failure and even death. Chronic Symptoms: Repeated or prolonged inhalation of fumes or vapors may result in hearing loss. Suspected of causing cancer. Chronic exposure may cause defatting of the skin. 4.3. Indication of Any Immediate Medical Attention and Special Treatment Needed If you feel unwell, seek medical advice (show the label where possible). 5.1. Extinguishing Media Suitable Extinguishing Media: Carbon dioxide (CO2), alcohol -resistant foam, or dry chemical. Unsuitable Extinguishing Media: Do not use halons. Do not use a heavy water stream. Use of heavy stream of water may spread fire. Application of water stream to hot product may cause frothing and increase fire intensity. 5.2. Special Hazards Arising From the Substance or Mixture Fire Hazard: Flammable liquid and vapor. Vapors may travel to source of ignition and flash back. Explosion Hazard: May form flammable/explosive vapor -air mixture. Reactivity: This material contains organic peroxides. Heating may cause hazardous decomposition. Hazardous decomposition products from peroxides are flammable and can be explosive under confinement. May react violently with incompatible materials. 5.3. Advice for Firefighters Precautionary Measures Fire: Exercise caution when fighting any chemical fire. Firefighting Instructions: Use water spray or fog for cooling exposed containers. In case of major fire and large quantities: Evacuate area. Fight fire remotely due to the risk of explosion. Protection During Firefighting: Do not enter fire area without proper protective equipment, including respiratory protection. Other Information: Refer to Section 9 for flammability properties. 'iSECTION 6.1. Personal Precautions, Protective Equipment and Emergency Procedures General Measures: Avoid all contact with skin, eyes, or clothing. Avoid breathing (dust, vapor, mist, spray. Keep away from heat, sparks, open flames, hot surfaces. — No smoking. 6.1.1. For Non -emergency Personnel Protective Equipment: Use appropriate personal protection equipment (PPE). Emergency Procedures: Evacuate unnecessary personnel. 6.1.2. For Emergency Responders Protective Equipment: If specialize clothing is required to deal with spillage, take note of any information in Section 8 on suitable and unsuitable materials. Use appropriate personal protection equipment (PPE). Emergency Procedures: Upon arrival at the scene, a first responder is expected to recognize the presence of dangerous goods, protect oneself and the public, secure the area, and call for the assistance of trained personnel as soon as conditions permit. 6.2. Environmental Precautions Avoid dispersal of spilled material. 6.3. Methods and Material for Containment and Cleaning Up For Containment: Contain and/or absorb spill with inert material, then place in suitable container. Do not take up in combustible material such as saw dust or cellulosic material. Methods for Cleaning Up: Clean up spills immediately and dispose of waste safely. Spills should be contained with mechanical barriers. Transfer spilled material to a suitable container for disposal. Use only non -sparking tools. Contact competent authorities after a spill. 6.4. Reference to Other Sections See Heading 8. Exposure controls and personal protection. For further information refer to Section 13. 7.1. Precautions for Safe Handling Additional Hazards When Processed: Flammable vapors can accumulate in head space of closed systems. Any proposed use of this product in elevated -temperature processes should be thoroughly evaluated to assure that safe operating conditions are established and maintained. Proper grounding procedures to avoid static electricity should be followed. Hygiene Measures: Handle in accordance with good industrial hygiene and safety procedures. Wash hands and other exposed areas with mild soap and water before eating, drinking or smoking and when leaving work. 08/10/2015 EN (English US) 4/11 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register/Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 7.2. Conditions for Safe Storage, Including Any Incompatibilities Technical Measures: Comply with applicable regulations. Ground/bond container and receiving equipment. Use only non - sparking tools. Use explosion -proof electrical, ventilating, and lighting equipment. Storage Conditions: Store in a dry, cool and well -ventilated place. Keep container closed when not in use. Keep/Store away from direct sunlight, extremely high or low temperatures and incompatible materials. Keep away from heat, hot surfaces, sparks, open flames and other ignition sources. No smoking. Incompatible Products: Strong acids, Strong bases. Strong oxidizers. Accelerators. Heavy metals. Heavy metal salts. Reducing agents. Rust. Amines. Sulfur compounds. 7.3. Specific End Uses) Sewer rehabilitation. For professional use only. !SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION 8.1. Control Parameters Far substances listed in section 3 that are not listed here, there are no established exposure limits from the manufacturer, supplier, importer, or the appropriate advisory agency including: ACGIH (TLV), NIOSH (REL), or OSHA (PEL). Styrene (100-42-5) USA ACGIH ACGIH TWA (ppm) 20 ppm USA ACGIH ACGIH STEL (ppm) 40 ppm USA ACGIH ACGIH chemical category Not Classifiable as a Human Carcinogen USA NIOSH NIOSH REL (TWA) (mg/m3) 215 mg/m3 USA NIOSH NIOSH REL (TWA} (ppm) 50 ppm USA NIOSH NIOSH REL (STEL) (mg/m3) 425 mg/m3 USA NIOSH NIOSH REL (STEL) (ppm) 100 ppm USA IDLH US IDLH (ppm) 700 ppm USA OSHA OSHA PEL (TWA) (ppm) 100 ppm USA OSHA OSHA PEL (Ceiling) (ppm) 200 ppm Quartz USA ACGIH ACGIH TWA (mg/m3) 0.02S mg/m3 (respirable fraction) USA ACGIH ACGIH chemical category A2 -Suspected Human Carcinogen USA NIOSH NIOSH REL (TWA) (mg/m3) 0.05 mg/m3 (respirable dust) USA IDLH US IDLH (mg/m3) 50 mg/m3 (respirable dust) USA OSHA OSHA PEL (STEL) (mg/m3) 250 mppcf/%SiO2+5, 10mg/m3/%Si02+2 Titanium dioxide USA ACGIH ACGIH TWA (mg/m3) 10 mg/m3 USA ACGIH ACGIH chemical category Not Classifiable as a Human Carcinogen USA IDLLH US IDLH (mg/m3) 5000 mg/m3 USA OSHA OSHA PEL (TWA) (mg/m3) 15 mg/m3 (total dust) Talc USA ACGIH ACGIH TWA (mg/m3) 2 mg/m3 (particulate matter containing no asbestos and <1% crystalline silica, respirable fraction) USA ACGIH ACGIH chemical category Not Classifiable as a Human Carcinogen containing no asbestos fibers USA NIOSH NOSH REL (TWA) (mg/m3) 2 mg/m3 (containing no Asbestos and <1% Quartz -respirable dust) USA IDLH US IDLH (mg/m3) 1000 mg/m3 (containing no asbestos and <1% quartz) 8.2. Exposure Controls Appropriate Engineering Controls Ensure adequate ventilation, especially in confined areas. Emergency eye wash fountains and safety showers should be available in the immediate vicinity of any potential exposure. Gas detectors should be used when flammable gases or vapors may be released. Use explosion -proof equipment. Ensure all national/local regulations are observed. Personal Protective Equipment Gloves. Insufficient ventilation: wear respiratory protection, Safety glasses. 000 08/10/2015 EN {English US] 5111 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations Materials for Protective Clothing When a risk assessment indicates protective clothing is necessary, chemically resistant materials and fabrics should be used. Hand Protection Wear chemically resistant protective gloves. Eye Protection Chemical safety glasses. Skin and Body Protection Personal protective equipment for the skin and body should be selected based on the task being performed and when a risk assessment indicates this is necessary. Respiratory Protection If exposure limits are exceeded or if a risk assessment indicates it is necessary, approved respiratory protection should be worn. Environmental Exposure Controls Do not allow the product to be released into the environment. Consumer Exposure Controls Do not eat, drink or smoke during use. 9.1. Information on Basic Physical and Chemical Properties Physical State Liquid Appearance Transparent, white, blue coated felt impregnated with putty -like, semi -solid liquid Odor Aromatic Odor Threshold No data available pH No data available Evaporation Rate No data available Melting Point No data available Freezing Point No data available Boiling Point No data available Flash Point 31 °C (87.8 °F) (TCC) Auto -ignition Temperature No data available Decomposition Temperature No data available Flammability (solid, gas) No data available Vapor Pressure No data available Relative Vapor Density at 20 °C No data available Relative Density No data available Solubility No data available Partition Coefficient: N-Octanol/Water No data available Viscosity No data available 9.2. Other Information No additional information available. 10.1. Reactivity: This material contains organic peroxides. Heating may cause hazardous decomposition. Hazardous decomposition products from peroxides are flammable and can be explosive under confinement. May react violently with incompatible materials. 10.2. Chemical Stability: Stable under recommended handling and storage conditions (see section 7). 10.3. Possibility of Hazardous Reactions: Hazardous polymerization may occur. 10.4. Conditions to Avoid: Direct sunlight. Extremely high or low temperatures. Sparks, heat, open flame and other sources of ignition. Incompatible materials. 10.5. Incompatible Materials: Strong acids. Strong bases. Strong oxidizers. Accelerators. Heavy metals. Heavy metal salts. Reducing agents. Rust. Amines. Sulfur compounds. 10.6. Hazardous Decomposition Products: Benzoic acid. Tert-butanol. Acetone. Benzene. Methane. 3,3,5- trimethylcyclohexane. Thermal decomposition generates: Carbon oxides (CO, CO2). Nitrogen oxides. Hydrocarbons. Alcohols. Metal oxides. Methylene Diphenyl Diisocyanate (MDI). Organic compounds. Irritating or toxic vapors. SECTION• • • • • 11.1. Information On Toxicological Effects Acute Toxicity: Not classified Styrene (100-42-5) LD50 Oral Rat 1000 mg/kg LC50Inhalation Rat 11.7 mg/I/4h 08/10/2015 EN (English US) 6/11 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations Quartz LDSO Oral Rat > 5000 mg/kg LDSO Dermal Rat > 5000 mg/kg Proprietary 3 — Organic Peroxide ATE (Dust/Mist) 1.50 mg/I/4h Butylcyclohexanol LDSO Oral Rat 4200 mg/kg LDSO Dermal Rabbit > 5 g/kg Titanium dioxide LDSO Oral Rat > 10000 mg/kg Skin Corrosion/Irritation: Causes skin irritation. Serious Eye Damage/Irritation: Causes serious eye irritation. Respiratory or Skin Sensitization: May cause an allergic skin reaction. Germ Cell Mutagenicity: Not classified Carcinogenicity: Suspected of causing cancer. This product contains styrene, which results in the category 2 carcinogen classification. Classifications of styrene from IARC, NTP, and the OSHA Hazard Communication Carcinogen List are shown below. The 13`h Report on Carcinogens by the National Toxicology Program classified styrene as "reasonably anticipated to be a human carcinogen based on limited evidence of carcinogenicity from studies in humans, sufficient evidence of carcinogenicity from studies in experimental animals, and supporting data on mechanisms of carcinogenesis" (NTP. 2014. Report on Carcinogens, Thirteenth Edition). Additional studies have been conducted with mixed results regarding the carcinogencity hazard associated with Styrene. 1) A published study suggested that "S-induced mouse lung tumors are unlikely to be relevant to human risk" (Regulatory Toxicology and Pharmacology. 2013 June; 66 (1)). 2) A recent update to an extensive study of reinforced plastic workers found "no coherent evidence that styrene exposure increases risk from cancers of the lymphatic and hematopoietic tissue, pancreas, or lung" (Epidemiology. 2013 March; 24 (2)). Based on the weight of evidence and supplier information, styrene was classified as a category 2 carcinogen. Styrene (200-42-5) IARC group 2B National Toxicology Program (NTP) Status Reasonably anticipated to be Human Carcinogen. OSHA Hazard Communication Carcinogen List In OSHA Hazard Communication Carcinogen list. Quartz IARC group 1 National Toxicology Program (NTP) Status Known Human Carcinogens. OSHA Hazard Communication Carcinogen List In OSHA Hazard Communication Carcinogen list. Titanium dioxide IARC group 2B OSHA Hazard Communication Carcinogen List In OSHA Hazard Communication Carcinogen list. Talc IARC group 3 National Toxicology Program (NTP) Status Evidence of Carcinogenicity, Twelfth Report - Items under consideration. Reproductive Toxicity: Not classified Specific Target Organ Toxicity (Single Exposure): May cause respiratory irritation. Specific Target Organ Toxicity (Repeated Exposure): Causes damage to organs (ears) through prolonged or repeated exposure (Inhalation), Aspiration Hazard: May be fatal if swallowed and enters airways. Symptoms/Injuries After Inhalation: Sneezing, coughing, burning sensation of throat with constricting sensation of the larynx and difficulty in breathing. Symptoms/Injuries After Skin Contact: Redness, pain, swelling, itching, burning, dryness, and dermatitis. Symptoms/Injuries After Eye Contact: Redness, pain, swelling, itching, burning, tearing, and blurred vision. Symptoms/Injuries After Ingestion: The major health threat of ingestion occurs from the danger of aspiration (breathing) of liquid drops into the lungs, particularly from vomiting. Aspiration may result in chemical pneumonia (fluid in the lungs), severe lung damage, respiratory failure and even death. Chronic Symptoms: Repeated or prolonged inhalation of fumes or vapors may result in hearing loss. Suspected of causing cancer. Chronic exposure may cause defatting of the skin. 08/10/2015 EN (English us( 7/11 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 12.1. Toxicity Ecology - General This material is hazardous to the aquatic environment. Keep out of sewers and waterways. Ecololw - Water Toxic to aquatic life. Toxic to aquatic life with lone lasting effects. Styrene (100-42-5) LC50 Fish 1 3.24 - 4.99 mg/I (Exposure time: 96 h -Species: Pimephales promelas [flow -through]) EC50 Daphnia 1 3.3 -7.4 mg/I (Exposure time: 48 h - Species: Daphnia magna) LC 50 Fish 2 19.03 - 33.53 mg/I (Exposure time: 96 h - Species: Lepomis macrachirus [static]) NOEC (acute) 44 mg/kg (Exposure time: 14 Days - Species: Eisenia foetida [soil dry weight)) Proprietary 2 —Organic Peroxide ECSO Daphnia 1 > 100 g/I ErCSO (algae) > 100 mg/I (Exposure Time: 72 h - Species: Raphidocelis subcapitata) NOEC chronic algae 100 mg/I (Species: Pseudokirchnerella subcapitata) Butylcyclohexanol EC50 Daphnia 1 46 mg/I (Exposure time: 48 h - Species: daphnia magna) Talc LC50 Fish 1 > 100 g/I (Exposure time: 96 In - Species: Brachydanio rerio [semi -static]) 12.2. Persistence and Degradability No additional information available. 12.3. Bioaccumulative Potential Styrene (100-42-5) BCF fish 1 13.5 Log Pow 2.95 Butylcyclohexanol Log Pow 3,23 Talc BCF fish 1 (no known bioaccumulation) 12.4. Mobility in Soil No additional information available. 12.5. Other Adverse Effects Other Information Avoid release to the environment. 13.1. Waste treatment methods Waste Disposal Recommendations: Dispose of waste material in accordance with all local, regional, national, and international regulations. Additional Information: Handle empty containers with care because residual vapors are flammable. Ecology —Waste Materials: Avoid release to the environment. SECTION 14: TRANSPORT INFORMATION 14.1. In Accordance with DOT Proper Shipping Name RESIN SOLUTION flammable Hazard Class 3 Identification Number : UN1866 Label Codes 3 Packing Group ERG Number : 127 14.2. In Accordance with IMDG Proper Shipping Name RESIN SOLUTION Hazard Class 3 Identification Number UN1866 Packing Group Ill Label Codes 3 EmS-No. (Fire) F-E EmS-No, (Spitlage) : S-E 14.3. In Accordance with IATA 0611012015 EN (English US) 8/11 lnsituform° CIPP (Uncured) Safety Data Sheet According to federal Register / Vol. 71, No. 58 / Monday, March 26, 2012 / Rules and Regulations Proper Shipping Name RESIN SOLUTION Packing Group III Identification Number UN1866 Hazard Class 3 Label Codes 3 ERG Code (IATA) 3L SECTION•' •' • 15.1 US Federal Regulations Insituformll' CIPP (Uncured) SARA Section 311/312 Hazard Classes Immediate (acute) health hazard Delayed (chronic) health hazard Fire hazard Reactive hazard Styrene (100-42-5) Listed on the United States TSCA (Toxic Substances Control Act) inventory Listed on United States SARA Section 313 SARA Section 313 - Emission Reporting 0.1 % Quartz Listed on the United States TSCA (Toxic Substances Control Act) inventory SARA Section 311/312 Hazard Classes Immediate (acute) health hazard Delayed (chronic) health hazard Proprietary 2 — Organic Peroxide Listed on the United States TSCA (Toxic Substances Control Act) inventory Proprietary I — Organic Peroxide Listed on the United States TSCA (Toxic Substances Control Act) inventory Proprietary 3 — Organic Peroxide Listed on the United States TSCA (Toxic Substances Control Act) inventory Proprietary 5 — Organic Peroxide Listed on the United States TSCA (Toxic Substances Control Act) inventory Alkanes Listed on the United States T5CA (Toxic Substances Control Act) inventory Isododecane Listed on the United States TSCA (Toxic Substances Control Act) inventory Proprietary 4 — Organic Peroxide Listed on the United States TSCA (Toxic Substances Control Act) inventory Butylcyclohexanol Listed on the United States TSCA (Toxic Substances Control Act) inventory Titanium dioxide Listed on the United States TSCA (Toxic Substances Control Act) inventory SARA Section 311/312 Hazard Classes Delayed (chronic) health hazard Talc (14807-96-6) Listed on the United States TSCA (Toxic Substances Control Act) inventory Proprietary 6 — Organic Peroxide (686-31-7) Listed on the United States TSCA (Toxic Substances Control Act) inventory 15.2 US State Regulations Quartz U.S. - California - Proposition 65 - Carcinogens List WARNING: This product contains chemicals known to the State of California to cause canter. Titanium dioxide U.S. - California - Proposition 65 - Carcinogens List WARNING: This product contains chemicals known to the State of California to cause cancer. Styrene (100-42-S) U.S. - Massachusetts - Right To Know List 08/10/2015 EN I English US) 9/ 11 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) - Environmental Hazard List U.S. - Pennsylvania - RTK (Right to Know) List Quartz U.S. - Massachusetts - Right To Know List U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List Proprietary 3 — Organic Peroxide U.S. - Massachusetts - Right To Know List U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List Titanium dioxide U.S. - Massachusetts - Right To Know List U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List Talc U.S. - Massachusetts - Right To Know List U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List SECTION 16: OTHER INFORMATION, INCLUDING DATE OF PREPARATION OR LAST REVISION Revision Date Other Information GHS Full Text Phrases: 08/10/2015 This document has been prepared in accordance with the SIDS requirements of the OSHA Hazard Communication Standard 29 CFR 1910.1200. This document has been prepared in accordance with standards for workplace safety. The precautionary statements and warnings included might not apply in all cases. Your needs may vary depending on the potential for exposure in your workplace. Acute Tox. 4 (Inhalation:dust,mist) Acute toxicity (inhalation:dust,mist) Category 4 Acute Tox. 4 (Inhalation:vapor) Acute toxicity (inhalation:vapor) Category 4 Acute Tox. 4 (Oral) Acute toxicity (oral) Category 4 Aquatic Acute 1 Hazardous to the aquatic environment - Acute Hazard Category 1 Aquatic Acute 2 Hazardous to the aquatic environment - Acute Hazard Category 2 Aquatic Acute 3 Hazardous to the aquatic environment - Acute Hazard Category 3 Aquatic Chronic 1 Hazardous to the aquatic environment - Chronic Hazard Category 1 Aquatic Chronic 3 Hazardous to the aquatic environment - Chronic Hazard Category 3 Aquatic Chronic 4 Hazardous to the aquatic environment - Chronic Hazard Category 4 Asp. Tox. 1 Aspiration hazard Category 1 Carc. 1A Carcinogenicity Category 1A Carc. 1B Carcinogenicity Category 1B Carc. 2 Carcinogenicity Category 2 Eye Irrit. 2A Serious eye damage/eye irritation Category 2A Flam. Liq. 3 Flammable liquids Category 3 Org. Perox. B Organic Peroxide Category B Org. Perox. C Organic Peroxide Category C Org. Perox. D Organic Peroxide Category D Skin Irrit. 2 Skin corrosion/irritation Category 2 Skin Sens. 1 Skin sensitization Category 1 STOT RE 1 Specific target organ toxicity (repeated exposure) Category 1 STOT SE 3 Specific target organ toxicity (single exposure) Category 3 H226 Flammable liquid and vapor H241 Heating may cause a fire or explosion 08/10/2015 EN (English US) 10/11 Insituform® CIPP (Uncured) Safety Data Sheet According to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations H242 Heating may cause a fire H302 Harmful if swallowed H304 May be fatal if swallowed and enters airways H315 Causes skin irritation H317 May cause an allergic skin reaction H319 Causes serious eye irritation H332 Harmful if inhaled H335 May cause respiratory irritation H350 May cause cancer H351 Suspected of causing cancer H372 Causes damage to organs through prolonged or repeated exposure H400 Very toxic to aquatic life H401 Toxic to aquatic life H402 Harmful to aquatic life H410 Very toxic to aquatic life with long lasting effects H412 Harmful to aquatic life with long lasting effects H413 May cause long lasting harmful effects to aquatic life This information is based on our current knowledge and is intended to describe the product for the purposes of health, safety and environmental requirements only. it should not therefore be construed as guaranteeing any specific property of the product. SDS US (GHS HazCorn) 08/10/2015 EN (English US) 11/11 BID FORM 8B: Bid Form Acknowledgement and Pricing Proposal PROJECT [DENTIFICATION: Sewer Rehabilitation Services BID IDENT] FICATI AND N fMBER. 131D NO. 33-B-005 THIS BID IS St1BM1TTF.D TO: CITY OF SOUTH DAYTONA OFFICE OF THE CITY MANAGER 1672 S. RIDGEWOOD AVENUE SOUTH DAYTONA, FLORIDA 32119 Name of Bidder: Allantic Pipe Services, LLC Mailing Address: 1420 Martin Luther King Jr Blvd Street Address: 1420 Martin Luther King Jr Blvd City/State/Zip: Sanford, FL 32771 Phone Number: (407 ) 792.1360 FAX Number: (-I info@atlanticpipe.us have carefully examined the Invitation to Bid (ITB), Instructions to Vendors, General and/or Special Conditions, Specifications, and any other documents accompanying or made a part of this invitation. hereby propose to furnish the goods or services specified in the Invitation to Bid at the prices or rates as Finally negotiated. I agree that my bid will remain firm for a period of up to ninety (90) days in orderto allow the City of South Daytona adequate time to evaluate the proposed bid. Furthermore, I agree to abide by all conditions of the Invitation to Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. I further certify that I am a duly authorized to submit this Bid on behalf of the Vendor / Contractor as its act and deed and that the Vendor / Contractor is ready, willing and able to perform if awarded the contract. I propose and agree, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents to furnish all necessary materials, equipment, machinery, tools, apparatus, transportation and labor and to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. I will accept as full compensation For completion of the project in full compliance with the Contract Documents, the lump sum price for the work items submitted herein with this Bid, I further certify that this Bid is made without prior understanding, Contract, connection, discussion, or collusion with any person, firm or corporation submitting a Bid for the same product or service; no officer, employee or agent of the City of South Daytona City Council or of any other Vendor interested in said ITB; and that the undersigned executed this Vendor's Acknowledgement with full knowledge and understanding of the matters therein contained and was duly authorized to do so. [ Further certify that having read and examined the specifications and documents for the designated services and understanding the general conditions for contract under which services will be performed, does hereby propose to furnish all labor, equipment, and material to provide the services set forth in the ITB. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 56 of 94 I hereby declare that the following listing states any clarifications, any and all variations from and exceptions to the requirements of the specifications and documents. The undersigned further declares that the "work" will be performed in strict accordance with such requirements and understands that any exceptions to the requirements of the specifications and documents may render the Bid noji-responsive. ADDENDUM ACKNOWLEDGEMENT I have carefully examined the Invitation to Bid (ITB), Instructions to Vendors, General and/or Special Conditions, Specifications, and any other documents accompanying or made a part of this Invitation to Bid. I acknowledge receipt and incorporation of the following addenda, and the cost, if any, of such revisions has been included in the price of the bid proposal. Addendum Number: 1 Date: 03/20/23 Addendum Number: Date: Addendum Number: Date: Addendum Number: Date: Please note that the City may award contracts to multiple contractors. BID The undersigned offers to furnish all materials, equipment and labor for construction of the "BID NO.23-B-005, Sewer Rehabilitation Services," for the City of South Daytona, Florida, complete in every respect in strict accordance with the drawings, specifications, exhibits, figures and any future changes therein. The bid price as outlined in Bid Form 81 is attached. 1N WITNESS WHEREOF, Bidder has hereunto executed this form this 28th day of MaFCh 0 23 Atlantic Pipe Services, LLC (Name of Bidding Firm) Allan Cagle - President (Signature of person • nifng form) (Printed name and Title ofperson signing form) STATE OF ��lvr' COUNTY 0 r-e i e This document was sworn to (or affirmed) and subscribed before me by means of !Zphysical presence or _ online notarization, this a3 day of I-Ak>isi.. 20-a3 he/she is personally known to me or has presented as identification. TRACY WAGNER Public • State of Florida Notary h� :? o.l�; 5r Commission # GG 95253b µComm. Expires .tan 29, 262e Y Notary assr. Notary Prt6lic My Commission Expires: i act a K Bonded through National THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-B-005. Sewer Rehabilitation Services. Page 57 of 94 BID FORM 8C: Drug -Free Preference Statement lf)FNTICAI, TIE BIDS - Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids, proposals, statements, or replies that are equal with respect to price, quality, and service are received by the city for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (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's 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 plea 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 Section 287.087, Florida Statutes. As an authorized representative of the firm, I certify that this firm complies fully with the above requirements. Atlantic Pipe Services, LLC (Name of Biddin g &CA (Signature of person signing)Vrm) STATE OF r�On COUNTY OF t_2O --_t r e P This document was sworn to (or affirmed) d-subscri this8'g day of,*"J^. 201� he/she i personalty identification.— — b1r"U`: TRACYWAGNER Notary Public - State of F;orida V`_' Commission # GG 952936 rNy Comm, Expires Jan 29, 2024 Bonded through National Notary Assr. Allan Cagle - President (Printed name and Title ofperson signing form) re me by means of physical presence or _ online notarization, to me or has presented as Notary Public My Commission Expires: r� l THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 58 of94 BID FORM 8D: Public Entity Crimes Statement (ro be signed in the presence o/ notur y public or other afficer awhoy-Led to othnittister oaths./ Before me, the undersigned Authority, personally appeared affiant who, being by me first duly sworn, made the following statement: This sworn statement is submitted with Bid, Proposal or Contract No `23-13-005 Sewer Rehabilitation Services Atlantic Pipe Services. LLC for This sworn statement is submitted by is 1420 MARTIN LUTHER KING JR. BLVD, SANFORD, FL 32771 its Federal Employer Identification Number (FEIN) is 81-4515509 whose business address and (ifapplicable) entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: My name is Allan Cagle and my relationship to the entity named above is President (relationship such aswle proprieror, partner, president, vice president) .(If the (1) 1 understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. (2) 1 understand that "convicted" or "conviction" is defined by the Florida Statutes to mean 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, non -jury trial, or entry of a plea of guilt or nolo contendere. (3) 1 understand that "affiliate" is defined by the Florida Statutes to mean (1) a predecessor or successor of person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the managementofthe entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. (4) 1 understand that a "person" as defined in Paragraph 287.133(i)(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, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. (5) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). City of South Daytona, 131D NO. 23-B-005, Sewer Rehabilitation Services. Page 59 of94 X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have 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 the officers, directors, executives, partners, shareholders, employees, members, oragents who are active in management ofthe entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order). As an authorized representative of the firm, I certify that this firm complies fully with the above requirements. Atlantic Pipe Services, LLC (Name of Ridding Firm) (Signature of person sigwfg form) STATE OF ��a6+ A 5. COUNTY OF � Allan Caqle - President (Printed name and Title of person signing form) This document was sworn to (or affirmeq) and subscribed before me b cans-o physical presence or online notarization, thisa�5 day of C - 20 he/she is sonally kno n to me or has presented as identification. TRACY WAGNER •sq. tillg Notary Public State of Florida l Commission R GG 952936 Comm. Expires Jan 29, 2a2A Notary Public oFr`:'' MY Assn. My Commission Expires: `� 5orded through National Notary THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-8-005, Sewer Rehabilitation Services, Page 60 of 94 no) -SUi ,PS nsi i:rl7x3 .mmo) VIA rst2d Y1810H Isn�isa.q@u01n. t�bn9a BED FORM 8E: Anti -Collusion Statement By signing this Form, the Proposer agrees that this Bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects Fair and without collusion or fraud. SIGN in ink in the space provided below. Unsigned Bids will be considered incomplete, and will be disqualified, and rejected. IT IS AGREED BY THE UNDERSIGNED VENDOR THAT THE SIGNING AND DELIVERY OF THE BID REPRESENTS THE VENDORS ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FOREGOING SPECIFICATIONS, CONTRACT AND PROVISIONS, AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN THE VENDORS AND THE CITY OF SOUTH DAYTONA. -_ Avom ceeln* Allan Cagle - President (Signature of person signgg form) (Printed name and Title of person signing form) Name of Bidder: Atlantic Pipe Services, LLC Address: 1420 MARTIN LUTHFR KING JR. BLVD City/State/Zip: SANFORD, FL 32771 Phone Number: (407 ) 792.1360 FAX Number: ( ) info@atlanticpipe.us FEIN Number: 81-4515509 NO Bid may be withdrawn for a period of ninety (90) days subsequent to the submittal of the Bids, without the consent of the City of South Daytona, NO BID (REASON): THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 61 of94 BID FORM 8F: Statement of Vendor Qualifications The undersigned warrants that he or she is duly authorized to complete this document, and hereby affirms that the information contained in this Form is complete, true, and correct to the best of their knowledge and belief. If necessary. questions may be answered on separate paper and attached, with any additional information that may be pertinent. (1) Name of Vendor. Atlantic Pipe Services, LLC (2) Permanent main office address.1420 MARTIN LUTHBR KING JR. BLVD, SANFORD, FL 32771 (3) Date organized. 01101 /2017 (4) If a corporation, where incorporated. Florida (S) How many years have you been engaged in the contracting business under your present firm or trade name?5.3 yrs (6) Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) See attached list (7) General character of work performed by your company. Storm and Sewer Cleaning, Inspections and Repairs (8) Have you ever failed to complete any work awarded to you? If so, where and why? No (9) Have you ever defaulted on a contract? If so, where and why? No (10) List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed. See References (11) List your major equipment currently owned or leased. See attached equipment spreadsheet (12) Experience in work similar to this type of project See attached similar work 1 project flow (13) Background and experience of the principal members of your organization, including the officers. 3 resumes attached (14) The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Statement of Vendor Qualifications. Atlantic Pipe Services, LLC (Nome of Bidding FirmJ (Signature of person signir orm) STATE OF F("r' COUNTY OF %!a IP-- This document this 0'b d Allan Cagle - President (Printed name and Title of person signing form) was sworn to (or a firmed) and subscribed before me by mean ical presence or — online notarization, ay of 1/l/t�rC 20 "�3 he/she is rsonally k n to me or has presented as identification. TPACY WAG I Notary Public Notary Pubic - State or Florice u Commission k GG 95293E My Commission Expires: ' wfYMy Comm. Expires Jar 2' i _- HIS POR MIo1*138T, r.$i6t �J.�k'y�LEI'ED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-13-005, Sewer Rehabilitation Services, Page 62 of 94 t RzADAW YDtM ;•. i �:,:��?'.c s1s72 • �ildu4 y,sfot+ ''fosrao': isi tstigx? .mmo1 YM ab1Ci1-•.$fIvalslS.Mumr7 J3at:C7 s .• (6) CONTRACTS ON HAND Contract # Authority Services Contract Start Contract End Description IFB-603507-19/BJC Seminole County Storm Cleaning and Inspections August 2022 August 2023 This is a Term Contract for Services on an "as -needed" basis IFB-604150-21/LNF Seminole County Storm CIPP Lining and MH Rehabilitation October 2021 September 2024 This is a Term Contract for Services on an "as -needed" basis 21-MCC-ATL-13188 St Johns County Storm/Sewer Cleaning, Inspections, CIPP February 2023 Februrary 2024 This is a Term Contract for Services on an "as -needed" basis B-21-32 Brevard County Storm CIPP April 2021 April 2024 This is a Term Contract for Services on an "as -needed" basis IFB22-0161 City of Orlando Sanitary CIPP and Manhole Rehab March 2023 March 2024 This is a Term Contract for Services on an "as -needed" basis ITB-23-2026-KC FDOT District 2 Storm Cleaning and Inspections April 2023 April 2026 This is a Term Contract for Services on an "as -needed" basis 22-B-112LS Volusia County Sanitary Cleaning, Inspections, and CIPP Lini August 2022 August 2025 This is a Term Contract for Services on an "as -needed" basis 20-133 Toho Water Authority Sanitary Sewer Cleaning and Inspections I November 2020 November 2023 This is a Term Contract for Services on an "as -needed" basis (11) Equipment EQUIPMENT NUMBER EQUIPMENT DESCRIPTION EQUIPMENT TYPE FUEL TYPE Month Took Possession BT001 2014 ISUZU BOX TRUCK Diesel 8/8/2019 CT001 2017 FORD CAMERA TRUCK F550 4x4 TV TRUCK Diesel 5/10/2017 CT002 2018 FORD CAMERA TRUCK F550 4x4 TV TRUCK Diesel 10/30/2017 CT003 2018 FORD CAMERA TRUCK F550 4x4 TV TRUCK Diesel 7/23/2018 CT004 2018 FORD CAMERA TRUCK F550 4x4 TV TRUCK ❑iesel 11/27/2018 CT005 2019 FORD CAMERA TRUCK F550 4x4 TV TRUCK Diesel 5/30/2019 CT006 2018 FORD CAMERA VAN E450 TV TRUCK Unleaded 8/13/2019 CT007 2019 FORD CAMERA TRUCK F550 4x4 Lateral launch TV TRUCK Diesel 8/17/2020 CT008 2019 FORD CAMERA TRUCK F550 4x4 TV TRUCK Diesel 8/17/2020 CT009 2019 FORD CAMERA TRUCK F550 4x4 Lateral Launch TV TRUCK Diesel 10/7/2020 CT010 2020 Ford F550 4WD CAMERA TRUCK WITH CUTTER TV & CUTTER TRUCK Diesel 10/7/2020 CT011 2021 FORD CAMERA TRUCK F550 4x4 TV TRUCK Diesel 11/19/2021 CT012 2021 FORD CAMERA TRUCK F550 4x4 TV TRUCK Diesel 11/19/2021 CT014 2021 Ford F550 4WD CAMERA TV TRUCK Diesel 9/28/2021 CT015 2021 Ford F550 4WD CAMERA TV TRUCK Diesel 8/1/2022 CT016 2021 Ford FSSO 4WD CAMERA TV TRUCK Diesel 9/19/2022 CT017 2021 Ford F550 4WD CAMERA TV TRUCK Diesel 2/3/2023 CT018 2022 Ford F550 4WD CAMERA TRUCK TV TRUCK Diesel 7/7/2022 CT019 2021 Ford FS50 4WD Laser CAMERA TRUCK TV TRUCK Diesel 7/28/2022 CT020 2022 Ford F550 4WD CAMERA TRUCK TV TRUCK Diesel 3/8/2023 GTO01 2018 FORD F750 XL GROUT TRUCK Diesel 10/23/2019 GTO02 2021 FORD F650 GROUTTRUCK Diesel 6/28/2021 HT001 2020 Kenworth T880 BOILER TRUCK Diesel 12/30/2019 HT002 2020 Kenworth T880 BOILER TRUCK DIESEL 11/19/2021 HT003 2020 Kenworth T800 BOILER TRUCK DIESEL 3/1412022 SV001 2017 Vactor 114SD Sewer Vaccum Truck VACTOR Diesel 12/19/2016 SVO02 2018 FREIGHTLINER 1145D VACALL Diesel 9/15/2017 SVO03 2018 FREIGHTLINER 114SD TRUCK VACALL Diesel 12/26/2017 5VO04 2018 KENWORTH T880 VACTOR Diesel 12/19/2018 SVO05 2018 Vacall 1145D Sewer Vacuum Truck VACALL Diesel 6/5/2019 SVO06 2019 Vacall 1145D Sewer Vacuum Truck VACALL Diesel 7/8/2020 SVO07 2017 Vacall Recycler Sewer Vac Truck VACALL Diesel 7/8/2020 SVO08 2020 Vactor Standard Sewer Vac Truck VACTOR Diesel 3/1/2021 5VO09 2017 T900 Vactor Recycler Sewer Vac Truck VACTOR Diesel 6/10/2020 5V011 2020 Vactor Standard Sewer Vat Truck VACTOR Diesel 10/15/2020 SVO13 2019 VACALL 114SD Recycler Sewer Vacuum Truck VACALL Diesel 6/1S/2021 SVO17 2019 VACALL 114SD Recycler Sewer Vacuum Truck Vacall Recycler Diesel 10/13/2021 5VO18 2021 Vactor Standard Sewer Vac Truck VACTOR Diesel 6/28/2021 SVO19 2022 Freightliner 1145D Vacall Standard Vacall Diesel 8/11/2021 SV020 2021 Freightliner 114SD Vacall Standard Vacall Diesel 6/21/2022 5VO21 2021 Freightliner 11450 Vacall Standard Vacall Diesel 6/21/2022 5VO22 2021 Kenworth T880- Vactor VACTOR Diesel 7/7/2022 SV023 2022 PETERBILT 567 VACTOR Diesel 9/19/2022 SV024 Kenworth T880- Vactor VACTOR Diesel 10/20/2022 5V025 Freightliner 114SD VACALL Diesel 10/20/2022 SV026 2021 Kenworth T880- Vactor VACTOR Diesel 12/19/2022 SV027 2021 Freightliner 114SD Vacall Recycler VACALL Diesel 9/27/2022 SVO28 2022 PETERBILT 567 VACTOR Diesel 2/21/2023 5V029 Kenworth T880- Vactor VACTOR Diesel 2/21/2023 ST001 2019 FORD F550 MECHANIC TRUCK Diesel 9/13/2019 ST002 2019 FORD F350 MECHANIC TRUCK Diesel 11/22/2019 ST003 2021 FORD F550 XL DIVE TRUCK Diesel 8/24/2021 ST004 2022 FORD F5S0 MECHANIC TRUCK Diesel 2/1/2023 T002 2016 FORD F150 TRUCK Unleaded 11/14/2018 T003 2016 FORD F1S0 TRUCK Unleaded 11/14/2018 T007 2019 Ford F2S0 TRUCK Diesel 7/8/2019 T009 2019 FORD F-150 TRUCK Unleaded 6/30/2019 T011 2019 FORD F-150 TRUCK Unleaded 6/30/2019 T012 2018 FORD F-150 TRUCK Unleaded 9/13/2019 T014 2019 FORD F-150 TRUCK Unleaded 1/24/2020 T015 2020 FORD F-150 TRUCK Unleaded 7/13/2020 T016 2020 FORD F-150 TRUCK Unleaded 8/1/2020 T017 2020 FORD F-150 TRUCK Unleaded 8/14/2020 TO18 2020 FORD F-150 TRUCK Unleaded 8/14/2020 T019 2020 FORD F-150 TRUCK Unleaded 8/14/2020 T020 2020 FORD F-250 TRUCK Unleaded 1/13/2021 T021 2021 FORD F-150 TRUCK Unleaded 5/19/2021 T022 2021 FORD F-150 TRUCK Unleaded 6/21/2021 T023 2021 FORD F-350 TRUCK Diesel 7/12/2021 T025 2021 Ford F-150 XL TRUCK Unleaded 11/12/2021 T027 2021 Ford F150 XLT TRUCK Unleaded 1/22/2022 T028 2022 Ford F150 XLT TRUCK Unleaded 1/22/2022 T029 2021 Ford F250 Crew Cab TRUCK Unleaded 1/22/2022 T030 2021 Ford Supercrew F150XL TRUCK Unleaded 2/14/2022 T031 2021 Ford supercrew F150XL TRUCK Unleaded 2/14/2022 T032 2021 Ford F350 Flat Bed TRUCK Diesel 2/22/2022 T033 2022 Ford F250 TRUCK Unleaded 4/14/2022 T034 2021 Ford F150 XL Supercrew TRUCK Unleaded 4/4/2022 T035 2020 Ford F1504drSport TRUCK Unleaded 4/14/2022 T036 2022 FORD F-150 TRUCK Unleaded 5/2/2022 T037 2022 Ford F350 TRUCK Diesel 5/25/2022 T038 2020 FORD F-150 TRUCK Unleaded 6/1/2022 T039 2022 FORD F-150 TRUCK Unleaded 6/22/2022 T040 2022 FORD F-250 TRUCK Unleaded 6/22/2022 T041 2022 FORD F-150 TRUCK Unleaded 6/22/2022 T042 2022 FORD EXPLORER SUV Unleaded 7/1/2022 T043 2022 FORD F-150 HYB TRUCK Unleaded 8/22/2022 T044 2022 FORD F-550 TRUCK Diesel 8/1/2022 T045 2022 Ford F-150 TRUCK Unleaded 8/1/2022 T046 2022 Ford F-150 TRUCK Unleaded 10/22/2022 T047 2022 Ford F-150 TRUCK Unleaded 10/1/2022 T048 2023 F-150 TRUCK Unleaded 2/27/2023 MHT001 2021 Rollin Flatbed Trailer/Cement Spray Gooseneck Trailer N/A 3/14/2022 MHT002 2022 Cargo Mate Utility Trailer/Epoxy Spray Trailer N/A 3/14/2022 RT002 2020 Arising Industry Trailer TRAILER N/A 9/11/2019 RT003 2020 Arising Industry Trailer (grout) TRAILER N/A 10/17/2019 RT004 2020 5x10 Utility Trailer TRAILER N/A 12/23/2020 RT005 2020 7x20 Utility Trailer TRAILER/Dive N/A 1/11/2021 RT006 2021 18x8 Big Tex Trailer TRAILER N/A 10/1/2021 RT008 20218.5 x 20 x 6'6 Enclosed Trailer TRAILER N/A 2/15/2022 RT009 2022 Big Tex 18x8 Trailer TRAILER N/A 2/25/2022 RTO10 82x16 Tandem Axle Landscape Trailer TRAILER N/A 3/23/2022 IT001 20218X12 Medium Inversion Trailer TRAILER N/A 12/28/2021 LT001 2020 Rausch Trailer w Laser Equipment TRAILER/LASER N/A 11/18/2020 LT002 2021 CRMT Trailer w Laser Equipment TRAILER/LASER N/A 6/15/2021 LT003 2017 CRMT Trailer w Laser Equipment TRAILER/LASER N/A 7/14/2021 LT004 2011 CRMT Trailer w Laser Equipment (For Parts) TRAILER/LASER Jul-21 Florida's Commercial Pipeline Cleaning, Inspection and Rehab Specialist AI'S ATLANTIC PIPE SERVICES Similar Projects / Project Flow Atlantic Pipe Services performs sanitary sewer rehabilitation on a routine basis. As submitted previously in this bid package, APS has completed three larger scale projects of similar nature recently; work was performed for Loxahatchee River Environmental District, Sunshine Water, and the City of Winter Park. All projects included pre -inspections for assessment, CIPP lining, and post lining inspection. Project flow is as follows: Project Plan: Pipeline Cleaning & CCTV Inspection All effective pipeline rehabilitation projects start with a clear, accurate CCTV inspection. Before a CCTV inspection can be performed, the pipeline must be cleaned. Without proper desilting, the video inspections can be rendered incapable to accomplish or provide incomplete data. Since the goal is to provide a complete assessment of the sewer system, APS believes that it is imperative to give a complete 360 degree view of the pipeline throughout the entire length of each pipe segment in the defined scope of work. Without a proper cleaning, a CCTV operator could be limited in providing an accurate inspection. For Existing Sewer Pipeline cleaning (depending on the flow in the pipeline) will start with the operator setting a plug up stream to hold back any sewage debris flowing in during the cleaning and inspection process. If necessary, APS will use bypassing to prevent sewer back ups while working on a system. Once plugged a Vacuum Truck will jet out the debris in the pipeline using various hydraulic nozzles to a manhole where the debris are vacuumed up and put into the debris tank on the vac truck. Typically, APS crews will set up on the down stream manhole and let gravity aid them by running the nozzle up stream and pulling the debris back. Once the debris tank is filled up with debris vacuumed from the sewer system, APS will dispose of the debris at an off -site licensed sewage debris disposal location. Once APS has preformed the cleaning on the pipelines. Crews will then perform a detailed inspection of the pipelines using NASSCO — MACP, LACP, PACP compliant code. Calling out all defects such a specific Cracks, Infiltration, etc. Along with noted defects, the following pieces of information will be inserted into the inspections software: Date, Project, Project ##, Street Names, Structure locations and Structure Ws, Distance of pipe surveyed, coordinate locations to the 71h decimal, counter display, begin/end points, pipe diameter, pipe material, pipe shape, precise footage and clock position of all service connections, etc . Sufficient lighting will be ensured on all videos to allow for maximum clarity of the pipeline and the deficiencies. In all instances, the camera head will be centered in the pipe both vertically and horizontally. All APS camera equipment has tilt and pan capabilities to allow an up -close view of any deficiency or potential deficiency. As deficiencies are encountered, operators will stop and Atlantic Pipe Services, LLC 1420 Martin Luther King Jr Blvd, Sanford, FL 32771 407.792.1360 www.atlanticpipe.us ( e ) info@atlanticpipe.us provide clear and focused view of the deficiency and a narrative stating the location of the deficiency and a NASSCO compliant description stating the type of deficiency encountered. All notes in the video such as pipe diameter, pipe length, begin/end points, etc will also be available on the field inspection report that is submitted alongside the video. After our CCTV inspection takes place, the videos are then submitted to APS' Quality Control Department. Once received, the data is sorted, and the videos/reports are reviewed for accuracy and added to our cloud service. Once uploaded, South Daytona will receive a link with ail the videos and reports. This link will be updated with the latest videos/reports as the project progresses. The end goal is to have an organized an accurate database of our findings to turn over to the City so that determinations can be made about the condition and longevity of the existing infrastructure. APS prides ourselves in an organized approach to everything that we do. Video and data management is where our organized and systematic approach are brought to fight. Once the pipeline is evaluated and ready for installation, the following processes for an installation of a manhole to manhole CIPP liner will take place: Bypass (if necessary) — Mainline flows that cannot be halted by temporarily backing up the pipeline during liner installation and cure shall be bypassed. Bypass capacity (pumps, bypass lines etc.) shall be sized to handle the expected flow during the liner installation and cure time. Flow from service connections (laterals) shall be halted by temporarily backing up the connections during liner installation and cure when the liner covers the service connection openings. Where service flows cannot be temporarily backed up in this manner (due to excessive flows or incoming heads), provisions shall be made for temporary bypassing of service flow using bypass pumping or other suitable means. Homeowners will be given door knocker notification 24-48 hours prior to liner installation. Traffic Control — Maintenance of Traffic will be coordinated with the Prime contractor and will be in accordance with both applicable FDOT index and MUTCD. Installation Method Inversion- The liner will be installed using the inversion process. The inversion process will use either water column inversion or pressurized inversion (water or air). The heads or pressures used shall be in accordance with the head/pressure limits from the manufacturer of the tube. For water column/pressure inversion the effect of pipeline fall of rise shall be considered when applying head/pressure at the inversion location so that the head/pressure anywhere along the run does not exceed allowances for the manufacturer of the tube. The inversion shall proceed in a uniform controlled method and during inversion the head/pressure shall be maintained within a range that facilitates steady and controlled inversion. Unless special circumstances warrant, the head/pressure shall be always maintained in the liner during the inversion. In installations where a pull -in type liner may be used instead of an inversion type liner, pull forces shall be maintained below the rating of the liner manufacturer. Hot water- circulated within the liner shall be used to elevate the temperature of the resin to effect a cure. During the cure the water in the liner shall be maintained at a head/pressure in accordance with requirements for the specific the size and thickness of the liner. A boiler of sufficient rating shall be used to add heat to the circulating water. Circulating pump(s) and internal hoses shall be sized to provide sufficient circulation of the hot water to Atlantic Pipe Services, LLC 1420 Martin Luther King Jr Blvd, Sanford, FL 32771 407.792.1360 www.atlanticpipe.us ( e ) info@atlanticpipe.us uniformly heat the liner. The temperature of the circulating hot water shall be monitored at the supply from and return to the boiler. The temperature of the liner outer surface shall be monitored at each end using thermocouples or other suitable measuring devices. After the CIPP liner has changed to a hard state, the cure heating shall be continued maintaining the liner at an elevated temperature for a period dependent on the size, thickness, and ongoing temperature measurements to ensure the full level of cure has been achieved. On completion of the heat cure, the liner shall be cooled down either naturally or by adding cold water to the circulating water while removing water. During cool down the head/pressure in the liner shall be maintained at the cure head. The rate of cool down shall be commensurate with the liner size and thickness to minimize shrinkage and internal stresses. Steam- flowed through the interior of the liner shall be used to elevate temperature of the resin to effect a cure. Compressed air shall be mixed with the steam as required to moderate the steam temperature to produce a controlled heating of the liner, avoid hot spotting and prevent blistering of the polyurethane coating. The pressure of the steam/air mixture shall be controlled at the injection and venting manifold locations to maintain the required internal pressure on the liner in accordance with the requirements for the carrier tube internal pressure ratings. The temperature of the steam/air mixture shall be controlled and monitored at the mixing manifold. The temperature of the liner outer surface shall be monitored at each end using thermocouples or other suitable measuring devices. After the CIPP liner has changed to a hard state, the cure heating shall be continued maintaining the liner at an elevated temperature for a period dependent on the size, thickness, and ongoing temperature measurements to ensure the full level of cure has been achieved. On completion of the heat cure, the liner shall be cooled down either naturally or by gradually reducing the amount of heating steam in the steam/air mixture to all air. During cool down the pressure in the liner shall be maintained at the cure pressure. The rate of cool down shall be commensurate with the liner size and thickness to minimize shrinkage and internal stresses. Service Reconnection On completion of the cool -down, the liner shall be cut open at each end releasing the water or air (depending on cure method). The top end shall always be opened or vented first (if not already open) to prevent vacuum being generated when water flows out at the downstream end. Where service connections (laterals) require reinstatement through the cured liner, openings shall be cut in the liner wall with a CCTV monitored robotic cutter. The locations for openings shall be as determined by dimpling of the liner at laterals and, where required, by pre -lining measurements made of the locations of the laterals. Depending on the number of laterals to be reinstated, reinstatement may commence by cutting a sufficient opening at each lateral to relieve any standing flow followed by returning to cut each lateral opening out to the full interior size of the existing lateral connection. Lateral reinstatement openings shall be neat, free of jagged edges or lips and conform to the size of the existing service lateral at the sewer. All lateral connections will be reinstated unless directed otherwise by owner's representative. Post CCTV Inspection On completion of all installation and lateral reinstatements, the complete CIPP liner shall be CCTV inspected in accordance with NASSCO PACP specification. The inspection shall be free of steam of vapor Atlantic Pipe Services, LLC 1420 Martin Luther King Jr Blvd, Sanford, FL 32771 407.792.1360 www.atlanticpipe.us ( e ) infoga atlanticpipe.us that obscures the picture and the flow level in the sewer shall be held sufficiently low to provide for a clear view of the lined pipeline. During the inspection, each lateral reinstatement shall be clearly visible on the inspection. A copy of the inspection video and log will be delivered as per contract specification. Atlantic Pipe Services, LLC 1420 Martin Luther King Jr Blvd, Sanford, FL 32771 407.792.1360 www.atlanticpipe.us ( e ) info@atlanticyipe.us BID FORM SG: Professional References for Previous Experience The Vendor proposes that he/she is qualified to perform the referenced work and has successfully done so on recent projects similar in nature and size. The City reserves the right to check references and confirm information provided herein. Please provide three (3) current and correct references from clients for similar services. (Do not include the City of South Daytona) Reference 1: Company Name: Sunshine Water Services City, State: Altamonte Springs, FL Contact Person: Bryan Gongre Telephone Number: 321.972.0360 Email Address: Bryan.Gongre@sunshinewater.com Description of Goods Sanitary Sewer Cleaning, Inspections, and Repairs or Services provided: Contract Amount: $933,816.00 Start/End Date of 7/22/2020 - 2/16/2021 Contract: Reference 2: Company Name: City of Winter Park City, State: Winter Park, FL Contact Person: Tom Best Telephone Number: 407.691.7845 Email Address: TBest@cityofwinterpark.org Description of Goods — Bypass Pumping, Cleaning and Televising, CIPP Lining, Manhole Rehab. or Services provided: Contract Amount. $366,074.00 I Start/End Date of Contract: 10/1121 - 9/31122 City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 63 of 94 Reference 3: Company Name: Loxahatchee River District City, State: Jupiter, FL Contact Person: Kris Dean Telephone Number: Email Address: Description of Goods or Services provided: ContractAmount: Start/End Date of Contract: 561.723.8263 Kris.Dean@lrecd.org Sanitary Sewer Assessment and CIPP Lining $990,821.66 2/15/2022 - 12/31 /2022 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 64 of 94 BID FORM SH: Listing of Subcontractors The Vendor proposes that the following subcontractors are qualified to perform the referenced work and have successfully done so on recent projects similar in nature and size. All subcontractors whose work product accounts for 5% or more of the total contract value shall be listed. Upon approval of subcontractors listed, the successful Vendor shall not substitute subcontractors without approval from the City. Vendor shall attach additional sheets as necessary. Subcontractor 1: Name: None Anticipated. APS will submit to City if Subcontractors become necessary City, State: Description of Work: Percent of Contract Previous Experience ❑ Yes Price: Together. ❑ No Subcontractor 2: Name; - -I City, State: Description of Work: Percent of Contract Previous Experience ❑ Yes Price: Together: ❑ No Subcontractor 3: Name: City, State: Description of Work: - - — - - - Percent of Contract i Previous Experience ❑ Yes Price: Together: ❑ No THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 65 of 94 BID FORM 8I: Cured -in -Place Pipe Specs A. REOUIREMENTS 1. The Contractor shall provide necessary warranty and documentation of required experience per the Contract Bid Submittal Requirements and as specified herein. 2. The OWNER requires all Customers to be notified a minimum of 5 calendar days of any anticipated flow interruptions. It is the Contractor's responsibility to make said Customer notifications. 3. The CIPP shall be continuous, jointless and structurally sound liner from manhole to manhole. All existing and confirmed lateral connections shall be internally reinstated/reopened. The Contractor will be responsible for sealing all manhole wall and lateral reinstatement connections. 4. The OWNER will pay for installed materials only per the Contract Bid Tabulation Bid Item Unit Cost. 5. All work shall adhere to Occupational Health and Safety Administration (OSHA) standards, current edition. 6. Maintenance of Traffic shall adhere to FDOT Design Standards. Index 600. current edition. B. REFERENCE SPECIFICATIONS AND STANDARDS 1) This specification references the following American Society for Testing and Materials (ASTM) Standard Specifications, American Water Works Association (AWWA) Specifications and their reference standards, which are made a part hereof by such reference and shall be the latest edition and revision thereof. All work shall comply with the reference standards unless specifically stated otherwise in this Specification. a. ASTM D5813 -Standard Specification for Cured -in -Place Thermosetting Resin Sewer Pipe b. ASTM F 1216 -Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of Resin -Impregnated Tube c. ASTM F 1743 - Standard Practice for Rehabilitation of Existing Pipelines and Conduits by Putted -In -Place Installation of Cured -In -Place Thermosetting Resin Pipe d. ASTM D543 - Standard and Practice for Evaluating the Resistance of Plastics to Chemical Reagents e. ASTM D638 - Standard Test Method for Tensile Properties of Plastics f. ASTM D790 - Standard Test Methods for Flexural Properties of Un- reinforced and Reinforced Plastics and Electrical Insulating Materials g. ASTM D792 - Standard Test Methods for Density and Specific Gravity of Plastics by displacement h. ASTM F2019-03 - Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic (GRP) Cured -In - Place Thermosetting Resin Pipe (CIPP) i. ASTM D2122-98(2004) - Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 66 of94 j. ASTM D2990 - Standard Test Methods For Tensile, Compressive, and Flexural Creep and Creep -Rupture of Plastics C. PERFORMANCE WORK STATEMENT (PWS) I) The Contractor shall submit, to the OWNER, a Performance Work Statement (PWS) at the pre -construction meeting, which clearly defines the CIPP product delivery in conformance with the requirements of these contract documents. Unless otherwise directed by the OWNER, the PWS shall at a minimum contain the following; a. Clearly indicate that the CIPP will conform to the project requirements as outlined in the Description of Work and as delineated in these specifications. b. Where the scope of work is specifically delineated in the contract documents, a detailed installation plan describing all preparation work, cleaning operations, pre -video inspections, by-pass pumping, maintenance oftraffic, installation procedure. method of curing, lateral reinstatement, quality control, testing to be perFonned, final video inspection, warrantees furnished and all else necessary and appropriate for a complete CIPP liner installation. A detailed installation schedule shall be prepared, submitted and conform to the requirements of this contract. c. Contractor's description of the proposed CIPP lining technology, including a detailed plan for identifying all existing lateral connections and maintaining all Customer sewer service durinc, CIPP installation. d. A description of the CIPP materials to be furnished for the project. Materials shall be fully detailed in the submittals and conform to these specifications and/or shall conform to the pre -approved product submission. e. The name and experience of each lead individual performing work on this Contract shall be submitted with the PWS. f. Engineering design calculations. in accordance with the Appendix of ASTM F1216. for each length of liner to be installed including the thickness of each proposed CIPP. It will be acceptable for the Contractor to submit a design for the most severe line condition and apply that design to all of the line sections. These calculations shall be performed and certified by a qualified Professional Engineer. All calculations shall include data that conforms to the requirements ofthese specifications or has been pre -approved by the OWNER. g. Proposed manufacturers technology data shall be submitted for all CIPP products and all associated technologies to be furnished. h. A detailed description of the Contractor's proposed procedures for removal of' roots/blockages in the pipe that may be encountered during the cleaning process. i. A detailed public notification plan shall be prepared and submitted including detailed staged notification to Customers affected by the CIPP installation. PART 2 — PRODUCTS A. MATERIALS City of South Daytona, BID NO. 23-13-005. Sewer Rehabilitation Services, Page 67 of94 ) The CIPP System must meet the chemical resistance requirements of theses contract documents. All materials, shipped to the project site, shall be accompanied by test reports certifying that the material conforms to the ASTM standards listed herein, Materials shall be shipped, stored, and handled in accordance with the CIPP manufacturer's recommendations to avoid damage. Damage includes, but is not limited to, gouging, abrasion, flattening, cutting, puncturing, or ultra -violet (UV) degradation. On site storage locations, shall be approved by the OWNER. All damaged materials shall be promptly removed from the project site at the Contractor's expense and disposed of in accordance with all current applicable agency regulations. B. FABRIC TUBE I ) The fabric tube shall consist of one or more layers of absorbent non- woven felt fabric, felt/fiberglass or fiberglass and meet the requirements of ASTM F 1216. ASTM F 1743. ASTM D5813 & ASTM F2019. 2) The fabric tube shall be capable of absorbing and carrying resins, constructed to withstand installation pressures and curing temperatures and have sufficient strength to bridge missing pipe segments, and stretch to tit irregular pipe sections. The Contractor shall submit certified information from the felt manufacturer on the nominal void volume in the felt fabric that will be tilled with resin. 3) The wet -out fabric tube shall have a uniform thickness and excess resin distribution that when compressed at installation pressures will meet or exceed the design th ickness after cure. 4) The fabric tube shall be manufactured to a size and length that when installed will tightly fit the internal circumference, meeting applicable ASTM standards or better, of the original pipe. Allowance shall be made for circumferential stretching during installation. The tube shall be properly sized to the diameter of the existing pipe and the length to be rehabilitated and be able to stretch to fit irregular pipe sections and negotiate bends. The Contractor shall determine the minimum tube length necessary to effectively span the designated run between manholes. The Contractor shall verify the lengths in the field prior to ordering and prior to impregnation of the tube with resin, to ensure that the tube will have sufficient length to extend the entire length of the run. The Contractor shal I also measure the inside diameter of the existing pipe in the field prior to ordering liner so that the liner can be installed in a tight -fitted condition. 5) The outside and/or inside layer of the fabric tube (before inversion/pull-in, as applicable) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate, if applicable, vacuum impregnation and monitoring of the resin saturation during the resin impregnation (wet -out) procedure. 6) No material shall be included in the fabric tube that may cause de -lamination in the cured CIPP. No dry or unsaturated layers shall be acceptable upon visual inspection as evident by color contrast between the felt fabric and the activated resin containing a colorant. 7) The wall color of the interior pipe surface of CIPP after installation shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. The hue of the color shall be dark enough to distinguish a contrast between the fully resin saturated felt fabric and dry or resin lean areas. 8) Seams in the fabric tube, if applicable, shall meet the requirements of ASTM D5813_ City of South Daytona, BID NO. 23-13-005, Sewer Rehabilitation Services, Page 68 of94 9) The outside of the fabric tube shal I be marked every 5 feet with the name of the CIPP manufacturer, manufacturing lot and production footage. 10) The minimum length of the fabric tube shall be that deemed necessary by the installer to effectively span the distance from the starting manhole to the terminating manhole or access point, plus that amount required to run-in and run -out for the installation process. 1 1) The nominal fabric tube wall thickness shall be constructed, as a minimum. to the nearest 0.5 mm increment. rounded up from the design thickness for that section of installed CIPP. Wall thickness transitions, in 0.5 mm increments or greater as appropriate, may be fabricated into the fabric tube between installation entrance and exit access points. The quantity of resin used in the impregnation shall be sufficient to fill all of the felt voids for the nominal felt thickness. C. RESIN I) The resin shall be a corrosion resistant polyester or vinyl ester resin and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F 1216. ASTM F1743 or F2019, the physical properties herein, and those, which are to be utilized in the design of the CIPP for this project. The resin shall produce CIPP which will comply with or exceed the structural and chemical resistance requirements of this specification. 2) [t is the desire of the OWNER that the CIPP liner adhere to the wails of the host pipe in as many locations as possible to reduce the likelihood of infiltration through the annular space between the host pipe and liner. 3) Therefore, the basis of design shall be 100% epoxy resin, or approved equal. Requests for consideration of equivalent resins other than 100% epoxy shall include a detailed comparison of the benefits & disadvantages (i.e. pros and cons) of the alternate resin system versus the basis of design 100% epoxy resin over the lifecycfe of the product. D. STRUCTURAL REQUIREMENTS 1) The physical properties and characteristics of the finished liner will vary considerably, depending on the types and mixing proportions of the materials used, and the degree of cure executed. It shall be the responsibility of the Contractor to control these variables and to provide a CIPP system which meets or exceeds the minimum properties specified herein: a. The CIPP shall be designed as per ASTM standards. The structural properties of the CIPP design shall assurne no benefit related to bonding to the original pipe wall. b. The design engineer shall set the long term (50 year extrapolated) Creep Retention Factor at 33% of the initial design flexural modulus as determined by ASTM D790 test method. This value shall be used unless the Contractor submits long term test data (ASTM D2990) to substantiate a higher retention Factor. c. The CIPP material shall, at a minimum, meet or exceed the structural properties, as listed below: i. Flexural Strength (Short Term) 4,500 psi (ASTM D790) City of South Daytona, BID NO. 23-13-005, Sewer Rehabilitation Services, Page 69 of94 ii. Flexural Modulus of Elasticity (Short Term) 250.000 psi (ASTM D790) iii. Method Cured Composite Per ASTM F1216 2) The required structural CIPP wall thickness shall be based, as a minimum, on the physical properties of the cured composite and per the design of the Professional Engineer and in accordance with the Design Equations contained in the appendix of the ASTM standards.. and the following design parameters; a. Design Safety Factor - 2.0 (1.5 for pipes 36" or larger) b. Creep Retention Factor - 33% C. Oval ity - 2% or as measured by field inspection d. Constrained Soil Modulus Per AASHTO LRFD Section 12 and AWWA Manual M45 C. Groundwater Depth - As specified or indicated on the Plans f. Soil Depth (above the crown) - As specified or indicated on the Plans g. Live Load - Highway, railroad or airport as applicable h. Soil Load (assumed) - 120 lb/ctt. Ft. i. Minimum service life - 50 years 3) The Contractor shall submit, prior to installation of the lining materials, certification of compliance with these specifications and/or the requirements of the pre -approved CIPP system. Certified material test results shall be included that confirm that all materials conform to these specification and/or the pre -approved system. Materials not complying with these requirements will be rejected. E. PRODUCT SUBMITTALS 1) The Contractor shall submit the following information: a. Manufacturer's certification that the materials to be used meet the referenced standards and these specifications. b. License or certificate verifying Manufacturer's/Licensor's approval of the installer. c. Proposed equipment and procedures for accomplishing the work. d, Tube wet -out & cure method including: i. A complete description of the proposed wet -out procedure for the proposed technology. ii. The Manufacturer's recommended cure method for each diameter and thickness of CIPP liner to be installed. The PWS shall contain a detailed curing procedure detailing the curing medium and the method of application. iii. Design calculations for wall thickness designs to be completed by an Engineer proficient in the pipe design. PART 3 — CONSTRUCTION A. PREPARATION AND CLEANING 1) Contractor shall perform pre -video inspection of the pipe to be lined. The Contractor shall provide the OWNER a copy of the video in digital lormat for review and approval. 2) The pre -video shall be after the pipe is cleaned. City of South Daytona, BID NO. 23-13-005, Sewer Rehabilitation Services. Page 70 of94 3) The Contractor is responsible to clear the pipe of obstructions that will interfere with the installation and long-term perfonnance ofthe CIPP. 5) If the pre -video inspection reveals an obstruction, misalignment, broken or collapsed section or sag that was not identified as part of the original scope of work and will prohibit proper installation of the CIPP. the Contractor may be directed by the OWNER to correct the problem(s) prior to lining by utilizing open cut repair methods. The Contractor shall be compensated for this work under a Contract Bid Item. 6) The Contractor shall be responsible for con firming the locations of all lateral connections prior to installing and curing the CIPP. 7) In the event the status of a lateral connection cannot be adequately defined, the OWNER will make the final decision, prior to installation and curing of the liner, as to the status. 8) The Contractor may. under the direction ofthe OWNER, utilize any ofthe existing manholes in the project area as installation access points. If a road closure or detour is required due to the location of the gravity sanitary sewer, Contractor must obtain permission from the OWNER and maintenance authority of the road (e.g. City of Edgewater, County of Volusia, Florida Department of Transportation). 9) The Contractor shall remove all internal debris From the pipe that will interfere with the installation and the final product delivery ofthe CIPP as required in these specifications. Solid debris and deposits shall be removed from the system and disposed of properly by the Contractor. The Contractor shall dispose of all debris at no additional charge to the OWNER. .Moving material from manhole section to manhole section shall not be allowed. As applicable, the Contractor shall either plug or install a by-pass pumping system to properly clean the pipe. Precaution shall be taken by the Contractor in the use of cleaning equipment to avoid damage to the existing pipe. The repair of any damage, caused by the cleaning equipment, shall be the responsibility of the Contractor. 10)The liquid portion of the any vacuumed material may be carefully decanted and returned to the OWNER's sanitary collection system at a location designated by the OWNER and only under direct supervision of OWNER's staff. Contractor shall coordinate such decanting operations subject to the availability and convenience of OWNER's staff. Contractor shall retain the solid potion, including any grease, grit, and gross solids, and any liquid in which such solids are entrained for disposal at a properly permitted facility. This allowance for decanting into OWNER's collection system requires continued good faith on the Contractor's part and may be limited or wholly rescinded at any time should OWNER observe or suspect that Contractor is not practicing due care in the adherence to these limitations. 1 1) The Contractor is responsible for construction water. The OWNER can supply the Contractor with a Temporary Construction Water Meter (with proper baekfiow prevention) provided an account is applied and paid for by the Contractor with the OWNER's Billing Department. B. BY-PASS PUMPING PART I —GENERAL City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 71 of94 l .01 DESCRIPTION OF WORK A. The work covered by this section consists of providing all labor, equipment, material, and supplies and performing all operations required to bypass pump sewage around a manhole or sewer section in which work is to be performed. The Contractor shall be prepared to bypass pump sewage as part of his operations. The Contractor shall provide all pumps, piping and other equipment necessary to accomplish bypass pumping; perform all construction: obtain all permits; pay all costs: and perform complete restoration of all existing facilities to conditions equal or better than existed prior to construction and to the satisfaction of the Engineer. All costs to accomplish bypass pumping. at the required volume. and all associated work including restoration, shall be considered incidental to the work and no additional compensation will be allowed. 1.02 GENERAL A. When the depth of now in the sewer line being televised or repaired is above the maximum allowable for the proposed work, then the Contractor shall reduce the flow to the level shown below by manual operation of pump stations, plugging or blocking of the flow or by pumping and bypassing of the now as acceptable to the Engineer. For manual operation of pump stations, the Contractor shall coordinate such operations with the appropriate City personnel. Plugging or blocking of the flow shall only be allowed when the Contractor can demonstrate that the upstream gravity collection system can accommodate the surcharging Without any adverse impact. B. The depth of flow in the sewer line being televised or repaired shall not exceed that shown for the respective pipe sizes and i'or the operations indicated. C. Initial Television Inspection. For the initial television inspection, the sewer line shall be blocked completely. No flow, except infiltration, will be allowed through the sewer line. D. Television Inspection Before and Aber Lining Installation. For the television inspection before and after lining installation the sewer line shall be blocked completely. No flow, except infiltration before lining, will be allowed through the sewer line. E. Other Television Inspection, including; Warranty. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 72 of94 Pipe Size Maximum Depth of Flow 6" — 10" Pipe 20 Percent (20%) of Pipe Diameter 12" — 24" Pipe 25 Percent (25%) of Pipe Diameter Above 24" Pipe 30 Percent (30%) of Pipe Diameter F. Television Inspection After Joint Testing/Sealing. For the television inspection after joint testing/seating the sewer line shall be blocked completely. No flow will be allowed through the sewer line. G. Joint Testing/Sealing Pipe Size Maximum Depth of Flow 6" — 10" Pipe 20 Percent (20%) of Pipe Diameter 12" — 24" Pipe 30 Percent (30%) of Pipe Diameter Above 24" Pipe 35 Percent (35%) of Pipe Diameter 1, Pipe Lining Installation. For the pipe lining installation, the sewer line shall be blocked completely. No flow, except infiltration, will be allowed through the sewer line. I. Manhole Repairs. For manhole repairs, the flow through the manhole shall be controlled or blocked completely, as required, to properly complete the repairs as specified. 1.03 SUBMITTALS The Contractor shall submit a written plan describing his means and methods For flow control and bypass pumping to the Engineer for review. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 PLUGGING AND BLOCKING A. A sewer line plug shall be inserted into the line upstream of the section being televised or repaired. The plug shall be so designed that all or any portion of the upstream flow can be released. During the television inspections and repair operations the now through the line City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 73 of94 being worked shall be reduced to within the maximum limits stated above. After the work has been completed, the flow shall be restored to normal. 3.02 PUMPING AND BYPASSING A. When pumping and bypass pumping is required, as determined by the Engineer, the Contractor shall supply all necessary pumps, conduits, and other equipment to divert the flow around manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flow plus additional flow that may occur during rainstorm events. The Contractor will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. Pumps and equipment shall be continuously monitored by the Contractor during the periods that pumping and bypassing are required. If pumping is required on a 24-hour basis, engine shall be equipped in a manner to keep noise to a minimum. 3.03 FLOW CONTROL PRECAUTIONS A. When flow in a sewer line is plugged. blocked or bypassed by the Contractor, he shall take sufficient precautions to protect the public health and to protect the sewer lines from damage that might result from sewer surcharging, Further, the Contractor shall take precautions to insure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved and he shall be responsible for any damage resulting from his flow control operations. B. When flow in a sewer line is plugged or blocked by the Contractor. he shall monitor the conditions upstream of the plug and shall be prepared to immediately start bypass pumping, if needed. Any liquid or solid matter which is bypass pumped from the sewer collection system shall be discharged to another sewer manhole or appropriate vehicle or container only. No such liquid or solid matter shall be allowed to be discharged. stored, or deposited on the ground, Swale, road, stormwater drainage system or open environment. The Contractor shall protect all pumps, conduit and other equipment used for bypass pumping from traffic. C. Should the liquid or solid matter from the sewer collection system be spilled, discharged, leaked, or otherwise deposited to the open environment as a result of the Contractor's flow control operations, he shall be responsible for all cleanup and disinfection of the affected City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 74 oF44 area and all costs associated with same. The Contractor shall also be responsible for notifying the sewer system operating personnel and appropriate regulatory agencies and performing all required cleanup operations at no additional cost to the Owner. C. INSTALLATION OF LINER 1) Neither the CIPP system, nor its installation, shall cause adverse effects to any of the OWNER's processes or facilities. The use of the product shall not result in the formation or production of any detrimental compounds or by-products at the wastewater treatment plant. The Contractor shall notify the OWNER and identify any by-products produced as a result of the installation operations. test and monitor the levels, and comply with any and all local waste discharge requirements_ 2) The CIPP liner shall be installed and fully cured prior to installation of a Manhole Liner. 3) The Contractor shall clean-up, restore existing surface conditions and structures, and repair any of the CIPP system determined to be defective. The Contractor shall conduct installation operations and schedule clean-up in a manner to cause the least possible obstruction and inconvenience to Customers, traffic, pedestrians, businesses, etc. 4) The CIPP liner shall be installed and cured in the host pipe in accordance with the CIPP manufacturer's recommendations as described and submitted in the PWS. 5) The CIPP liner shall be constructed of materials and methods, that when installed, shall provide a continuous, jointless and structurally sound liner from manhole to manhole able to withstand all imposed static and/or dynamic loads, and free of all defects that will affect the long term life and operation ofthe pipe. 6) CIPP installation shall be in accordance with the applicable ASTM standards with the following modification: a. The wet -out tube shall be positioned in the pipe using the method specified by the manufacturer. Care should be exercised not to damage the tube as a result of installation. The tube should be pulled -in or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. 7) Prior to installation, and in accordance with the CIPP manufacturer's recommendations, remote temperature gauges or sensors shall be placed inside the host pipe to monitor the temperatures during the cure cycle. Liner and/or host pipe interface temperature shall be monitored and logged during curing of the liner. 8) Curing shall be accomplished by utilizing the appropriate medium in accordance with the CIPP manufacturer's recommended cure schedule. The curing source or in and output temperatures shall be monitored and logged during the cure cycles. The CIPP manufacturer's recommended cure schedule shall be used for each line segment installed, and the liner wall thickness and the existing ground conditions with regard to temperature, moisture level, and thermal conductivity of soil, per ASTM as applicable, shall be taken into account by the Contractor. 9) The CIPP liner shall not be installed through a manhole. Each liner shall begin and end at a manhole. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 75 of 94 D. COOL DOWN I) The Contractor shall cool the liner in accordance with the CIPP manufacturer's recommendations as described and outlined in the PWS. 2) Temperatures and curing data shall be monitored and recorded, by the Contractor, throughout the installation process to ensure that each phase ol- the process is achieved as approved in accordance with the CIPP manufacturer's recommendations. E. FINISH 1) The installed CIPP shall be continuous over the entire length of a pipe section and be free from visual defects such as foreign inclusions, dry spots, pinholes, major wrinkles and delamination. The lining shall be impervious and free of any leakage From the pipe to the surrounding ground or from the ground to inside the lined pipe. 2) Any defect, which will or could affect the structural integrity or strength of the linings, shall be repaired at the Contractor's expense, in accordance with the procedures submitted under Part 3. G. CIPP Repair/Replacement. 3) The beginning and end of -the CIPP shall be sealed to the existing host pipe. The sealing material shall be compatible with the pipe end and shall provide a watertight seal. 4) The connection at the host pipe interface with all service laterals shall be sealed to provide a water tight seal. The sealing material shall be compatible with the pipe end and shall provide a watertight seal. 3) If the wall of the CIPP leaks. it shall be repaired or removed and replaced with a watertight liner in accordance with the CIPP manufacturer's recommendations. F. MANHOLE AND LATERAL CONNECTIONS 1) A seal, consisting of a resin mixture or hydrophilic seal compatible with the installed CIPP shall be applied at manhole walls and at all lateral connections in accordance with the CIPP manufacturer's recommendations. 2) The maximum a lateral can be plugged is 8 hours. Lateral connections may not remain plugged overnight. 3) Laterals shall be internally reinstated unless indicated otherwise in the contract documents. 4) Lateral reinstatement shall be made after the CIPP has been installed. fully cured. and cooled down. It is the Contractor's responsibility to make sure that all lateral connections are reinstated. 5) All existing and confirmed lateral connections shall be internally reinstated/re-opened to their original shape and capacity (minimum 95%) using a CCTV camera and remote cutting tool. Lateral connections shall not be cut more than 100% of the original shape or capacity. 6) In the event that lateral reinstatements result in openings that are greater than 100% of the original opening, the Contractor shall install a CIPP type repair, sufficiently in size, to repair the over -cut lateral opening, at no additional charge to the OWNER. City of South Daytona, BID NO. 23-13-005, Sewer Rehabilitation Services, Page 76 of94 7) The edges of the opening shall not have pipe fragments or liner fragments, which may obstruct flow or snag debris. All over -cut lateral connections will be properly repaired to meet the requirements of these specifications. 8) Pipe coupons resulting from lateral reinstatements shall be collected at the downstrearn manhole prior to leaving the site. At no time shall coupons be left in the gravity sanitary sewer system. G. CIPP REPAIR/REPLACEMENT ) Occasionally installation will result in the need to repair or replace a defective CIPP. The Contractor shall outline specific repair or replacement procedures for potential defects that may occur in the installed CIPP. Repair/replacement procedures shall be accordance with the CIPP manufacturer's recommendations and shall be submitted as part of the PWS. 2) Defects in the installed CIPP that will not affect the operation and long term life of the product shall be identified and defined. 3) Repairable defects that may occur in the installed CIPP shall be specifically defined by the Contractor based on manufacturer's recommendations, including a detailed step-by-step repair procedure, resulting in a finished product meeting the requirements of these contract specifications. 4) Un-repairable defects that may occur to the CIPP shall be clearly defined by the Contractor based on the manufacturer's recommendations. including a recommended procedure for the removal and replacement of the CIPP. PART 4 — FINAL COMPLETION A. TESTING 1) The Contractor shall have an independent testing lab analyze finished liner regarding the ASTM standards for Tensile Properties, Flexural Modulus, Chemical Resistance and wall thickness (or as specified by the OWNER)_ Samples shall be taken from manhole cutotTs and lateral coupons_ 2) A minimum of I sample shall be taken of the first segment installed at each location specified in the Contract Bid Documents. 3) A minimum of samples shall be taken for each 2,500 linear feet of liner installed or for each manufacturing lot. 4) The laboratory results shall identify the test sample location as referenced to the nearest manhole and station. 5) If properties tested do not meet minimum requirements, the liner shall be repaired or replaced by the Contractor, at no cost to the OWNER. G) The installed liner thickness shall be measured for each line section installed. If the liner thickness does not meet these specifications then the liner shall be repaired or removed by the Contractor at no cost to the OWNER. The liner thickness shall have tolerance of minus 5% plus 50%. The Contractor may use industry proven, non- destructive methods for confirming the thickness of the installed liner. City of South Daytona, BID NO, 23-B-005, Sewer Rehabilitation Services, Page 77 of94 7) The Contractor shall Furnish removable sizing sleeves, when possible, to collect liner samples, which accurately replicate the hose pipe diameter. 8) All liner testing and repairs to the installed CIPP shall be completed before Final Completion and Final Payment to the Contractor. B. INSPECTIONS 1) Contractor shall perform a post -video inspection of the lined pipe. The Contractor shall provide the OWNER a copy of the video in digital format for review and approval. 2) Immediately prior to conducting the post -video, the Contractor shall thoroughly clean the newly installed liner removing all debris and buildup that may have accumulated. 3) The post -video shall be alter the installation of the CIPP and all laterals are reinstated. 4) The post -video will visual inspect the Finished liner as follows: a. Shall be continuous over the entire length of the installation and shall be free of significant visual defects, damage, deflection, holes, leaks and other defects. a. Shall maintain the overall hydraulic capacity of the original pipe diameter. In those cases where Full capacity cannot be achieved after liner installation, the Contractor shall submit a request to waive this requirement, together with the reasons for the waiver request. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. 2) The post -video shall be submitted to the OWNER within ten (10) working days of the liner installation. The data shall note the inspection date, location of all reconnected side sewers, debris, as well as any other defects in the liner, including, but not limited to, gouges, cracks, bumps, or bulges. 3) If post installation inspection documentation is not submitted within Ten (10) working days of the liner installation, the OWNER may at its discretion suspend any further installation ofCIPP until the post -installation documentation is submitted. As a result of this suspension. no additional working days will be added to the contract, nor will any adjustment be made for increase in cost. 4) Bypass pumping or plugging from the upstream manhole shall be utilized to minimize sewer from entering the pipe during the post -video inspection. In the case of bellies in the line, the pipe shall be cleared of any standing water to provide continuous visibility during the inspection. 5) Where leakage is observed through the wall of the pipe, the Contractor shall institute additional testing including but not limited to air testing, localized testing and any other testing that will verify the leak -proof integrity ofthe installed liner to the satisfaction of the C. AS-BUILTS 1) As -Built drawings/reports and pre & post inspection videos shall be submitted to the OWNER For review and approval for Final Completion contract date. As -Built City of South Daytona, BID NO. 23-13-005, Sewer Rehabilitation Services, Page 78 of94 drawings will include the identification of the work completed by the Contractor and shall be prepared on one set of Contract Drawings provide to the Contractor at the onset of the project. 2) As -Built drawings shall be kept on the project site at all times, shall include all necessary infonnation as outlined in the PWS or as agreed to by the OWNER and the Contractor at the start of the Contract and shall be updated as the work is being completed, and shall be clearly legible. D. WARRANTY ) The Contractor shall provide necessary warranty and documentation of required experience per the Contract Bid Submittal Requirements and as specified herein. 2) The CIPP manufacturer shall warrant the liner to be free from defects in raw materials for a minimum of one (1) year. or as specified in the Contract Bid Submittal Requirements, from the date of installation and Final Completion by the OWNER, 3) The Contractor shall warrant the CIPP installation for a minimum of one (1) year, or as specified in the Contract Bid Submittal Requirements, from the date of installation and Final Completion by the OWNER. 4) During the CIPP manufacturer and Contractor warranty period, any defect found that may materially affect the integrity, strength, function and/or operation ofthe pipe shall be repaired at the Contractor's expense in accordance with procedures included in Part 3, G. CIPP Repair/Replacement at no cost to the OWNER. 5) The OWNER may inspect all or portions of the lined pipe during the warranty period and if found that any of the liners have developed abnormalities since the time of Final Completion, the abnonnalities shall be repaired and/or replaced as defined in Part 3, G. CIPP Repair/Replacement at no cost to the OWNER. END OF SECTION City of South Daytona. BID NO. 23-13-005. Sewer Rehabilitation Services, Page 79 of94 EXHIBIT B INVITATION FOR BID NO.23-B-005 Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 7 of 15 BID DOCUMENTS FOR CITY OF SOUTH DAYTONA Sewer Rehabilitation Services P•�ION O I w alA41. CITY-0 CITY OF SOUTH DAYTONA 1672 South Ridgewood Ave. South Daytona, Florida 32119 Telephone: (386) 322-3011 Bid No. 23-B-005 February 2023 City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 1 of 94 SECTION 1: INVITATION TO BID CITY OF SOUTH DAYTONA Sewer Rehabilitation Services BID NO. 23-B-005 Notice is hereby given that the City of South Daytona is soliciting bids for BID NO. 23- B-005, Sewer Rehabilitation Services. Sealed bids will be accepted in the City Manager's Office, City Hall, located at 1672 S. Ridgewood Avenue, South Daytona, Florida, until 2:00 P.M. on Tuesday, March 28, 2023, at which time bids will be opened in the Council Chamber Room and publicly read aloud. Bids received after the above time and date will be returned unopened. All Bids will be evaluated to ensure they contain all required forms in order to deem the Bidder responsive or non -responsive. DESCRIPTION OF WORK The City is accepting bids for sewer rehabilitation services in order to establish a fixed unit price agreement for these services. Under the agreement, the contractor will provide the required materials, equipment and labor necessary to install cured -in -place epoxy lamination system, Stephens Technologies Inc. NCL-115-18 Epoxy or approved equal epoxy system, to aging and cracked sewer pipes. Individual projects will be issued on an as -needed basis. Piping segments to be lined will be cleaned, video recorded, and identified by the Contractor in coordination with City personnel prior to the start of pipe lining. Pricing shall be based on a unit rate basis utilizing depth and diameter of pipe runs. The contractor shall be responsible for traffic control, bypass pumping and/or division of sewage flows, cleaning and television inspection of sewers to be lined, epoxy liner installation, reconnection of service connections and final video inspection. A DVD of the inspections and GPS coordinates with Geo-Database will be provided to the City of South Daytona Public Works Director. The City shall have the right to reassign the rehabilitation locations as they see fit. MANDATORY PRE -BID CONFERENCE: There will be a Mandatory Pre -Bid Conference for the project on Wednesday, March 8, 2023 at 2:00pm at City Hall at 1672 South Ridgewood Avenue, South Daytona, Florida. All attendees to the Pre -Bid Conference must sign in. The representative of each Vendor shall be an authorized employee of the Vendor and shall sign in accordingly. All work is specified within the Bid Documents. A digital copy of the Bid Documents may be obtained at no charge via electronic mail by making a request to the Deputy City Clerk at City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 2 of 94 bwitte@southdaytona.org. The documents will also be made available at the Office of the City Manager located inside City Hall at 1672 South Ridgewood Avenue, South Daytona, Florida. Any addenda to these documents will be issued via electronic mail and posted on the City of South Daytona Website (www.southdaytona.org). It is the bidder's responsibility to confirm that all addenda have been received prior to submitting a proposal in response to this request. The City reserves the right to reject any or all bids, and the award, if award is made, will be made based on the following evaluation factors and the bidder whose qualifications indicate the award will be in the best interest of the City and whose proposal complies with all the prescribed requirements. The selection committee will present top ranked firm to City Council for approval. Bids shall be: 1. Submitted on standard forms which will be furnished with the Bid/Project Manual; 2. Irrevocable after the time and date set for the opening of bids and for a period of 90 days thereafter; 3. Respondents will submit one executed original marked and a USB drive containing an electronic version of the proposal, marked "BID NO. 23-B-005, Sewer Rehabilitation Services." The bidders name and address shall be shown on the outside of the sealed envelope (enclosed is a label for your convenience). If submitted by mail or other delivery system, the sealed envelope shall be enclosed in a separate mailing envelope. Facsimile submittals will not be accepted. 4. Bids should be delivered to the Office of the City Manager, 1672 South Ridgewood Avenue, South Daytona, Florida 32119. 5. Bids must include the following required documents for submittal: a. Bid Submittal Checklist b. Bid Form c. Addendum and Change Order Procedure Acknowledgement d. Drug -Free Preference Statement e. Public Entity Crimes Statement f. Anti -Collusion Form g. Statement of Vendor Qualifications h. Independent Contractor's Agreement CITY OF SOUTH DAYTONA By/s James L. Gillis, Jr. City Manager City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 3 of 94 SECTION 2: ITB LABEL For your convenience, below is a label to affix to the outside of your sealed bid envelope/package to identify it as a "Sealed Bid." Be sure to include the name of the company submitting the bid where requested. cut here SEALED BID **DO NOT OPEN** Sealed Bid Number: Bid Title: Due Date / Time:: Submitted By: (Name and Address) BID NO. 23-B-005 Sewer Rehabilitation Services Tuesday, March 28, 2023 at 2:00pm (Please fill in this box) City of South Daytona Deliver to: Office of the City Manager 1672 South Ridgewood Avenue South Daytona, Florida 32119 (CITY OFFICE USE ONLY): Date/Time Received City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 4 of 94 SECTION 3: PURPOSE AND OVERVIEW CITY OF SOUTH DAYTONA Sewer Rehabilitation Services BID NO. 23-B-005 The City is accepting bids for sewer rehabilitation services in order to establish a fixed unit price agreement for these services. Under the agreement, the contractor will provide the required materials, equipment and labor necessary to install cured -in -place epoxy lamination system, Stephens Technologies Inc. NCL-115-18 Epoxy or approved equal epoxy system, to aging and cracked sewer pipes. Individual projects will be issued on an as -needed basis. Piping segments to be lined will be cleaned, video recorded, and identified by the Contractor in coordination with City personnel prior to the start of pipe lining. Pricing shall be based on a unit rate basis utilizing depth and diameter of pipe runs. The contractor shall be responsible for traffic control, bypass pumping and/or division of sewage flows, cleaning and television inspection of sewers to be lined, epoxy liner installation, reconnection of service connections and final video inspection. A DVD of the inspections and GPS coordinates with Geo-Database will be provided to the City of South Daytona Public Works Director. The City shall have the right to reassign the rehabilitation locations as they see fit. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 5 of 94 SECTION 4: INSTRUCTIONS TO BIDDERS CITY OF SOUTH DAYTONA Sewer Rehabilitation Services BID NO. 23-B-005 Firms or companies (Vendor) desiring to provide services, as described herein shall submit sealed bids, to including one original copy in conformance with the detailed submittal instructions. TIMELINE (Local Time: The City reserves the right to modify these timelines and schedules at any time for any reason. Tuesday, February 28, 2023 Distribute RFP Document Wednesday, March 8, 2023 at 2:00pm Pre -Bid Conference at City Hall, 1672 S. Ridgewood Avenue, South Daytona Monday, March 13, 2023 at 4:00pm Written Questions Due Questions regarding responses to this bid must be in writing through e-mail to Becky Witte, Deputy City Clerk at bwitte@southdaytona.org. Monday, March 20, 2023 City to respond to Questions Tuesday, March 28, 2023 at 2:00pm Proposals Due to the City Friday, March 31, 2023 Selection Committee Meeting (tentative date) Tuesday, April 11, 2023 at 6:00pm Staff Recommendation to the City Council Bids must be delivered in a sealed envelope/package and delivered to: City of South Daytona Attention: Office of the City Manager 1672 S. Ridgewood Avenue South Daytona, Florida 32119 Sealed Bids must be delivered no later than the date and time listed in the Timeline above. All times referenced are local time. Bids shall be sealed, and Vendors shall clearly indicate on the outside of their bid the following: a) Invitation to Bid (ITB) Number and Title b) Date of Opening c) Name of Vendor City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 6 of 94 d) Address of Vendor Due to the timing of mail service, the City cautions Vendors to assure actual delivery of Bids to the City prior to the deadline set for receiving bids. Carrier and hand deliveries of bids will be accepted in the City Manager's Office, South Daytona City Hall,1672 S. Ridgewood Avenue, South Daytona, Florida 32119 until the date and time referenced in the Timeline above or as amended by addendum issued by the City. Bids received after the established deadline shall not be considered. Vendors are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your bid, proposal, statement or quotation is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address. Offers by telephone, email or telegram shall not be accepted. Also, Vendors are instructed NOT to fax their bid package. Faxed bids shall be rejected as non -responsive regardless of where or when the fax is received. Bids will be opened publicly, and the names of all Vendors shall be read aloud. The City of South Daytona reserves the right to reject any or all Bids or parts of Bids if it is in the best interest of the City. MANDATORY PRE -BID CONFERENCE: There will be a Mandatory Pre -Bid Conference for the project on Wednesday, March 8, 2023 at 2:00pm at City Hall at 1672 South Ridgewood Avenue, South Daytona, Florida. All attendees to the Pre -Bid Conference must sign in. The representative of each Vendor shall be an authorized employee of the Vendor and shall sign in accordingly. Examination of Contract Documents and Site Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Bidders making such City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 7 of 94 investigations shall return site to original condition and shall pay for any damages resulting therefrom. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement and that the Contract Documents are sufficient in Scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. Bid Coordinator The coordinator for this Bid is: Becky Witte, Deputy City Clerk bwitte(@southdaytona.org Phone: 386-322-3011 The City will not respond to oral inquiries. Respondents may submit written (by email only) inquiries regarding this to the coordinator. Written inquiries must be received bX Monday. March 13, 2023 by 4:00pm to be considered. The City will record its responses to inquiries and any supplemental instructions in the form of written addenda via the City website www.southdaytona.org. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Bid Due Date. Vendors should not rely on any representations, statements or explanations other than those made in this ITB or in any addendum to this ITB. Where there appears to be a conflict between the ITB and any addenda issued, the last addendum issued will prevail. It is the Vendor's responsibility to be sure all correct number of addenda was received. The Vendor should verify with the designated contact persons prior to submitting a Bid that all addenda have been received. Vendors should acknowledge the correct number of addenda received as part of their Bids. It is the responsibility of the Vendor to ensure all addenda have been received prior to submitting a bid. The City of South Daytona reserves the right to consider the omission of an acknowledgment of addendum as cause for rejection of the submittal. This provision exists solely for the convenience and administrative efficiency of the City of South Daytona. No Vendor or other third party gains any rights by virtue of this provision or the application thereof, nor shall any Vendor or third party have any standing to sue or cause of action arising therefrom. CLARIFICATIONS: It is the Vendor's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this ITB. Lack of understanding and/or misinterpretation of any portions of this ITB shall not be cause for withdrawal of your Bid after opening or for subsequent protest of award. Vendors must contact the Bid Coordinator, at the email provided, should clarification be required. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 8 of 94 Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties. MINIMUM QUALIFICATIONS: Vendors shall be licensed to do business in the State of Florida. Submit Sunbiz report showing your company registered as "Active". Vendors must be properly registered and licensed to provide the goods or services identified in the scope of work, by all applicable state and local agencies. Vendors must provide a minimum of three (3) verifiable references from similar scope and size of work as identified in this ITB on the provided "Professional References" form. Failure to provide references that verify required experience will cause the Vendor to be deemed non -responsive. The City of South Daytona is not to be used as a reference. NO LOBBYING: All Vendors are hereby placed on notice that the City of South Daytona Council, City Employees/Staff, nor Members of the Evaluation Committee (with the exception of the Bid Coordinator designated to receive requests for interpretations or corrections) are not to be lobbied, directly or indirectly either individually or collectively, regarding this ITB. During the entire procurement process, all Vendors and their subcontractors, sub -consultants, or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, dinners, etc. if they intend to submit or have submitted Bids for this project. Any Vendor contacting individuals mentioned herein in violation of this warning may automatically be disqualified from further consideration for this ITB. PRICING SHEETS: Pricing sheets/Bid Forms are to be completed as directed and without modification and returned as part of the ITB submittal prior to the ITB deadline for submission. Failure to fill out the price sheets/bid forms as directed and without modification may negatively affect the evaluation of your bid. EXCEPTIONS TO SPECIFICATIONS: If taking exception to any portion of the ITB specifications, the Vendor must indicate those exceptions as stated on the Vendor's Acknowledgement Form. BID SUBMISSION AND WITHDRAWAL: Unless otherwise specified, Vendor shall use the forms supplied by the City. Bids, once opened, become the property of the City, cannot be withdrawn, and will not be returned to the Vendors. Upon opening, Bids become subject to public disclosure in accordance with Chapter 119, Florida Statutes. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 9 of 94 CORRECTION OF BIDS: Correction of inadvertently erroneous Bids shall be permitted up to the time of ITB opening. Vendors shall not be allowed to modify their Bids after the opening time and date. WITHDRAWAL OF BIDS: NO Bid shall be withdrawn for a period of ninety (90) days subsequent to the Bid opening without the consent of the City of South Daytona, Florida. Negligence on the part of the Vendor in preparing the Bid confers no right of withdrawal or modification after the Bid has been opened, at the appointed time and place by the City of South Daytona. Any such withdrawn Bid shall not be resubmitted. OPENING OF BIDS: Bids will be received until the date and time stated in this ITB and will be publicly opened and read at the place, time and date stated. No responsibility will attach the City for the premature opening of a Bid not properly addressed and identified. REJECTION OF BIDS: The City reserves the right to reject any and/or all Bids when such rejection is in the best interest of the City. BIDS MAY BE REJECTED AND/OR VENDOR(S) DISQUALIFIED FOR THE FOLLOWING REASONS: a) Failure to update the information on file including address, product, service or business descriptions. b) Failure to perform according to contract provisions. c) Conviction in a court of law of any criminal offense in connection with the conduct of business. d) Evidence of a violation of any federal or state antitrust law based on the submission of bids or proposals, or the awarding of contracts. e) Evidence that the vendor has attempted to give a City employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the City's purchasing activity. f) Other reasons deemed appropriate by the City. OWNERSHIP OF DOCUMENTS: All documents resulting from this project will become the sole property of the City of South Daytona. The Vendor must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in the possession of the Vendor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 10 of 94 exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. AMERICANS WITH DISABILITIES ACT (ADA1- If you need special services provided for under the Americans with Disabilities Act, contact the Deputy City Clerk at 386-322-3011 at least 48 hours before the scheduled event. Other Requirements. If this is a federally assisted project it will be subject to Federal Labor Standards which include, the Davis -Bacon Act (payment of prevailing wage rates) and the Copeland Act (anti - kickback of wages & submission of weekly certified payroll reports), as well as other provisions including 24 CFR 85.36 (bonding requirements), and Section 3 & M/WBE. Laborers and mechanics employed by primary contractors and sub -contractors performing construction work on this project shall be paid wages at rates not less than the prevailing rates as determined by the Secretary of Labor in accordance with the Davis -Bacon Act. The prime contractor is responsible for the enforcement of wage compliance and support documentation for the duration of the project and may be held liable for wage restitution. The applicable information regarding the laws and regulations stated above would be included in the bid packet. Bond In accordance with section 255.05, Florida Statutes, the Bidder, if awarded the Contract and the bid amount is $100,000 or more, shall execute and file acceptable performance and payment bonds equal to 100% of the contract price within ten (10) days after written notice of the award of contract. No bidder may withdraw their bid for a period of ninety (90) days after the date set for opening of bids. Payment of Taxes The Contractor will be responsible for payment of all Excise, Sales and Use Taxes, and all other taxes required by law on all materials, tools, apparatus, equipment, fixtures, and incidentals which he purchases or uses for the purpose of fulfilling the work of this Contract, and he shall include all amounts required for such taxes with the item prices bid in his Proposal. No additional payment will be made to cover such taxes. Each Bidder shall thoroughly familiarize himself before submitting a Proposal, with all laws requiring the payment of taxes. Special Requirements Prohibited Interests. No official of the City who is authorized in such capacity, and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or indirectly interested, personally, in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 11 of 94 authorized in such capacity and on behalf of the City to exercise legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally, in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. Performance of Work by Contractor. The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, or of his right, title or interest therein, without written consent of the City. The Contractor shall perform on the site and with his own organization work equivalent to not less than 50 percent of the total dollar value of the work to be performed under this contract except that work designated hereinafter as specialty work may be performed by subcontractors and the cost of any such specialty work so performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. Sworn Statement on Public Entity Crimes. A person or affiliate who has been place on the convicted vendor list following a conviction for a public entity crime 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount, provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Equal Opportunity Clause. During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 12 of 94 to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Remainder of this page left intentionally blank] City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 13 of 94 SECTION 5: SCOPE OF WORK / BID SPECIFICATIONS SCOPE / REQUIREMENTS A. SCOPE OF SERVICES - The City is accepting bids for sewer rehabilitation services in order to establish a fixed unit price agreement for these services. Under the agreement, the contractor will provide the required materials, equipment and labor necessary to install cured -in -place epoxy lamination system, Stephens Technologies Inc. NCL-115-18 Epoxy or approved equal epoxy system, to aging and cracked sewer pipes. Individual projects will be issued on an as -needed basis. Piping segments to be lined will be cleaned, video recorded, and identified by the Contractor in coordination with City personnel prior to the start of pipe lining. Pricing shall be based on a unit rate basis utilizing depth and diameter of pipe runs. The contractor shall be responsible for traffic control, bypass pumping and/or division of sewage flows, cleaning and television inspection of sewers to be lined, epoxy liner installation, reconnection of service connections and final video inspection. A DVD of the inspections and GPS coordinates with Geo-Database will be provided to the City of South Daytona Public Works Director. The City shall have the right to reassign the rehabilitation locations as they see fit. B. RESPONSIBILITY FOR LAYOUT OF WORK —The City will supply the Contractor with a location of requested work. Upon receipt, the Contractor will provide the City with a projected completion date and cost estimate for each location (project work order). The Contractor shall also provide performance and payment bonds for the requested work. C. MAINTENANCE OF TRAFFIC - Where construction is located in public right of ways, travelled streets and roads, the Contractor shall exercise extreme care in seeing that sufficient area is provided and kept open for police, fire, ambulance, mail and private vehicular traffic. The Contractor shall ensure that each person supervising the selection, placement and maintenance of Traffic Control Devices in the FDOT Work Zone shall be certified by attending an FDOT approved MOT training course. D. TEMPORARY FENCING AND BARRICADES — The Contractor shall, at their cost, erect barricades sufficient to prevent injury to persons or damage to property, including the Contractor's personal property and materials. The City shall not be held responsible for the loss, theft, or vandalism of the Contractor's equipment or other personal property, including construction materials and supplies. Fences shall be constructed top prevent entry of unauthorized persons; cover trenches and holes when not in use; erect barriers at sharp changes in plane more than four (4) feet high. Should construction operations temporarily City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 14 of 94 obstruct road passage, the Contractor shall, at their cost, provide suitable flagmen to control vehicular traffic on the road. Permits to use construction equipment on FDOT right-of-way shall be secured by the Contractor prior to actual beginning of work. The Contractor shall, at his cost, remove all temporary protection from the work site upon completion of the work. E. MEASUREMENT AND BASIS OF PAYMENT —The Contractor shall furnish a complete cost for accomplishing the required work, prior to the execution of each project work order. Payment shall be per project, and only for work completed, inspected, and accepted by the City. The Contractor shall submit an invoice for payment within seven (7) calendar days of acceptance by the City for each project. The Contractor shall dispose of debris collected form each project properly and in accordance with all local, state and federal ordinances, rules, laws and statutes. All invoices shall include the project location and applicable price for each activity. F. CITY'S RIGHT TO STOP WORK —The City may direct the Contractor to stop the work in whole or in part, whenever, in the City's sole judgment and discretion, such stoppage is necessary to ensure the proper completion of the Work, avoid injury to third persons, or otherwise meet the objectives of the City. G. OPEN QUANTITY CONTRACT — The City does not guarantee any minimum or maximum amount of work throughout the term of this Agreement. Furthermore, in the event the respondent cannot meet the City's specifications, including, but not limited to, time for completion, cost for individual project, etc.., that the City reserves the right to offer the individual project to the City's alternate vendor(s). H. TERM OF CONTRACT — The initial term of the contract shall be for three (3) years, with the option for an additional two (2) two-year renewal periods, upon mutual consent of both parties. CONTRACTOR'S OBLIGATIONS A. Qualification 1. The Contractor shall assure that all personnel are competent, careful and reliable. All personnel must have sufficient skill and experience to properly perform the work assigned them. All personnel shall have had sufficient experience to perform their assigned task properly and satisfactorily and to operate any equipment involved, and shall make due and proper effort to execute the work in the manner prescribed in the Contract Documents, or the Owner may take action as prescribed below. 2. Whenever the Owner shall determine that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, the Owner shall notify the Contractor that such person is to be discharged from the work. The Contractor shall immediately discharge City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 15 of 94 said person from the work and shall not again employ said person on this work except with the written consent of the Owner. Should the Contractor fail to remove such person or persons the Owner may withhold all payments. B. Identification 1. Within ten (10) days after the award of any subcontract, either by himself or a subcontractor, the Contractor shall deliver to the Owner a statement setting forth the name and address of the subcontractor and a summary description of the work subcontracted. 2. The Contractor shall be as fully responsible to the Owner for acts and omissions of his subcontractor and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. C. Contractor's Supervision 1. Prosecution of Work: The Contractor shall give the work the constant attention necessary to assure the scheduled progress and he shall cooperate fully with the Owner/Engineer and with other Contractors at work in the vicinity. 2. Contractor's Superintendent: a. The Contractor shall at all times have on the work as his agent, a competent superintendent capable of thoroughly interpreting the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive the instructions from the Owner/Engineer. The superintendent shall have full authority to execute the orders or directions of the Owner/Engineer and to supply promptly any materials, tools, equipment, labor and incidentals, which may be required. Such superintendence shall be furnished regardless of the amount of work sublet. b. The Contractor's superintendent shall speak and understand English, and at least one responsible person who speaks and understands English shall be on the project during all working hours. 3. Supervision for Emergencies: The Contractor shall have a responsible person available at or reasonably near the work site on a twenty-four (24) hour basis, seven (7) days a week, in order that he may be contacted in emergencies and in cases where immediate action must be taken to maintain traffic or to handle any other problem that might arise. The Contractor's responsible person for supervision for emergencies shall speak and understand English. The Contractor shall submit to the Owner, by certified mail, phone numbers and names of personnel designated to be contacted in cases of emergencies along City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 16 of 94 with a description of the project location to the Florida Highway Patrol and all other local law enforcement agencies. D. General Inspection Requirements 1. Cooperation by the Contractor: No work shall be done nor materials used, without suitable supervision or inspection by the Owner or his representative, and the Contractor shall furnish the Owner with every reasonable facility for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the plans and specifications. If the Owner so requests, the Contractor shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore the uncovered portions of the work to the standard required by the specifications. Should the work so exposed or examined prove unacceptable, the uncover or removal, and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. However, should the work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed, shall be paid for as Unforeseeable Work. 2. Failure to Remove and Renew Defective Materials and Work: a. Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the requirements of the specifications, within the time indicated in writing, the Owner/Engineer shall have the authority to cause the unacceptable or defective materials or work to be repaired, removed and renewed, as may be necessary; all at the Contractor's expense. b. Any expense incurred by the Owner in making these repairs, removals, or renewals, which the Contractor has failed or refused to make, shall be paid for out of any moneys due or which may become due the Contractor, or may be charged against the contract bond. Continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for the Owner, at its option, to contract with any other individual, firm or corporation to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any moneys due or which may become due him, or shall be charged against the contract bond. Any work performed subsequent to forfeiture of the contract, as described in this Paragraph, shall not relieve the Contractor in any way of his responsibility for the work performed by him. 3. Inspection by the Federal Government or State of Florida: City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 17 of 94 When the United States Government, or State of Florida, is to pay a portion of the cost of construction, the construction work will be subject to such inspection by its representatives as they may deem necessary, but such inspection will in no case make the Federal Government, or State of Florida, a party to this contract. AUTHORITY OF THE ENGINEER AND ENGINEER'S ASSISTANTS A. All work shall be done in accordance with the Contract Documents. B. It is agreed by the parties hereto that the Engineer shall decide all questions, difficulties and disputes, of whatever nature, which may arise relative to the interpretation of the plans, construction, prosecution and fulfillment of the contract, and as to the character, quality, amount and value of any work done, and materials furnished, under or by reason of the contract. C. The Owner retains the right to inspect all work to verify compliance with the Contract Documents. The Engineer may appoint such assistants and representatives as desired. They shall be authorized to inspect all work done and all materials furnished. This right of inspection in no way means or implies Owner control or other supervision over the work done or the work site. This right is solely for the Owner's benefit and imposes no duties or responsibilities on the Owner and confers no rights on any other parties. Such inspection may extend to all or any part of the work and to the manufacture, preparation or fabrication of the materials to be used. Such assistants shall not be authorized to revoke, alter or waive any requirement of the Contract Documents. D. The assistants and representatives shall be authorized to call to the attention of the Contractor any failure of the work or materials to conform to the Contract Documents, and shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Engineer. The Contractor shall be immediately notified in writing of any such suspension of the work and such notice shall state in detail the reasons for the suspension. The presence of the Inspector or other assistant shall in no way lessen the responsibility of the Contractor. E. Failure of the Engineer to Reject Work During Construction: If during, or prior to construction operations, the Engineer should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent his later rejection when such defect is discovered, or obligate the Owner to final acceptance, and the Contractor shall make no claim for losses suffered due to any necessary removals or repairs of such defects. LANDS FOR WORK AND ACCESS THERETO A. The Owner will furnish and define the limits of land for access to the construction site and for the site proper. All information shown in the Contract Documents constitutes the extent City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 18 of 94 of land provided by the Owner. Any and all other lands required by the Contractor shall be procured by the Contractor at the Contractor's expense. B. As the work progresses, the Contractor shall keep the site reasonably clear of rubbish, trash, waste and other disposable materials on a daily basis. 1. If the Contractor allows the site to become littered and unsightly, any payments otherwise due may be withheld until the Contractor cleans up the site to the satisfaction of the Owner. If the Contractor fails to clean-up the site, the Owner may choose to clean-up the site at the Contractor's expense. C. Temporary buildings (storage sheds, shops, offices, etc.) may be erected by the Contractor only with the approval of the Owner after obtaining necessary permits, and shall be built with labor and materials furnished by the Contractor without expense to the Owner. Such temporary buildings and/or utilities shall remain the property of the Contractor and will be removed by him at his expense upon the completion of the work. With the written consent of the Owner, such buildings and/or utilities may be abandoned and need not be removed. D. The Contractor shall confine all construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in and permitted by the Contract Documents, and shall not unreasonably encumber the project site with construction equipment or other material or equipment. The Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the work. E. The Contractor is responsible for ensuring and complying with any permit requirements from Federal, State, County, or local agencies in the storage of material on properties not under the control of the Owner. The Contractor shall provide best management practices at storage sites to prevent erosion, hazardous materials contamination, or other contaminations from occurring. SITE INVESTIGATION A. Each Contractor shall visit the site of the proposed work and fully acquaint himself with conditions relating to construction and labor so that he may fully understand the facilities, difficulties and restrictions attending the execution of work under the contract. The Contractor shall thoroughly examine and be familiar with the Contract Documents. Failure or omission of the Contractor to receive or examine any form, instrument, addendum or other documents, or to visit the site and acquaint himself with conditions existing thereon, shall in no way relieve the Contractor from any obligation with respect to the Contract. The Owner does not warrant the accuracy or completeness of these reports, soil samples, or any other site condition information or data made available including, but not limited to, underground utility location. The submission of a bid shall be taken as prima -facie evidence of compliance with this section. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 19 of 94 B. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work; the general and local conditions, including but not restricted to, those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, roads; and uncertainties of weather, river stages, tides or similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during prosecution of the work. C. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials, obstacles, or conditions to be encountered. D. Any failure by the Contractor to acquaint himself with any aspect of the work or with any of the applicable conditions shall not relieve the Contractor from responsibility for adequately evaluating the difficulty or cost of successfully performing the work under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. E. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. The Owner also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this Contract, unless such understanding or interpretations are made in writing. PROTECTION OF EXISTING STRUCTURES. UTILITIES. WORK AND VEGETATION A. Location of existing structures and utilities provided in the Contract Documents are approximate only. Any damage to existing structures or work of any kind, or the interruption of a utility service resulting from failure to comply with the requirements of the Contract Documents, shall be repaired or restored promptly by, and at the expense of the Contractor. B. The Contractor will preserve and protect all existing vegetation such as trees, shrubs and grass on or adjacent to the site which do not unreasonably interfere with the construction as may be determined by the Owner. The Contractor will be responsible for all unauthorized cutting or damaging of trees and shrubs, including damage due to careless operation of equipment, stockpiling of materials or tracking of grass areas by equipment. C. Care will be taken by the Contractor in felling trees authorized for removal to avoid unnecessary damage to vegetation that is to remain in place. Any limbs or branches of trees broken during such operations shall be trimmed without cutting into the trunk and left with a clean cut and a small stub. The Contractor will be liable for, or may be required to replace or restore at his own expense, all vegetation that may be destroyed or damaged due to the Contractor's failure to protect and preserve same as required herein. D. Where the Contractor hauls material or equipment to the project over roads and bridges on the State road system, County road system or City street system, and such use causes damage, he shall immediately, at his expense, repair such road or bridge to as good a condition as City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 20 of 94 before the hauling began. Such hauling shall be conducted in accordance with all applicable environmental and safety regulations. E. The Contractor shall fully protect the work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If the Contractor or any one for whom the Contractor is legally liable for is responsible for any loss or damage to the work, or other work or materials of the Owner or Owner's separate contractors, the Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due the contractor. F. All existing monuments shown on these plans are to be preserved, if possible. Any monuments damaged or destroyed without the express written permission of Owner, including but not limited to horizontal and vertical control points and property corners, are to be restored at the expense of the Contractor by a professional surveyor and mapper, licensed to do business in the State of Florida. OTHER WORK A. The Contractor will cooperate with Owner's separate contractors who may be engaged in authorized work prior to final completion of the project. B. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner and that service rendered by these parties will not be interrupted. C. The Owner may perform other work related to the project at the site by the Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, notice thereof will be given to the Contractor. If the Contractor believes that such performance will involve additional expense to the Contractor or require additional time, the Contractor shall send written notice of that fact to the Owner within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the contract time or adjustment to the contract amount. The Contractor shall afford each utility owner and other contractors (or the Owner, if the Owner is performing the additional work with the Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its work with theirs. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Owner and the others whose work will be affected. D. If any part of the Contractor's work depends, for proper execution or results, upon the work of any other contractor other than a subcontractor or utility owner, the Contractor shall inspect and promptly report to the Owner, in writing, any delays, defects or other problems in such other work that render it impossible for the Contractor to obtain proper execution or City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 21 of 94 results. The Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with the Contractor's work. SUBMITTALS A. Schedule 1. At or before the Pre -Construction Conference, the Contractor shall submit a preliminary Construction Progress Schedule to the Owner. The Engineer and the Owner will review the schedule and provide the Contractor with comments. Within ten (10) days after receipt of the comments, the Contractor shall deliver to the Owner a Construction Progress Schedule in a form satisfactory to the Owner and showing the proposed dates of commencement and completion of each of the various subdivisions of work. A bar graph format is acceptable for the Construction Progress Schedule. If required by the Owner, at or before the Pre -construction Conference, the Contractor shall provide to the Owner a breakdown of estimated monthly payments for the entire duration of the contract period. 2. For lump sum contracts, the Contractor shall also furnish the Owner with a detailed estimate giving a complete breakdown of the value of items of work to be paid for the purpose of making partial payments thereon. The values employed in making up this estimate and the schedule will be used only for determining the basis of partial payment and will not be considered as fixing a basis for additions to or deductions from the contract price. 3. The Construction Progress Schedule shall be updated by the Contractor. All updates to the progress schedule shall be submitted for the Owner's file. 4. The work shall be planned and carried out so as to minimize the interruption of existing services, and/or traffic, or as directed by the Owner/Engineer. 5. If a National Pollution Discharge Elimination System (NPDES) Construction Permit is required for the Project, prior to construction the Contractor is to furnish the Owner/Engineer a copy of the Stormwater Pollution Prevention Plan (SWPPP). B. Shop Drawings/Working Drawings 1. Four (4) complete sets (plus 1 digital copy on a USB Drive) of detailed shop or working drawings shall be furnished by the prime Contractor to the Engineer for review and processing. The submittal shall include all details, computations, materials, loads, stresses, member sizes, deflections, and temporary connections for precasting. 2. All shop, working and erection drawings prepared by the Contractor or his subcontractor, fabricator or supplier shall be REVIEWED, DATED, STAMPED, APPROVED, SEALED (if required), and SIGNED BY THE CONTRACTOR prior to submission to the Engineer for review by the Engineer of Record. By approving and submitting shop or working City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 22 of 94 drawings, the Contractor represents that he has verified work requirements, field measurements, construction criteria, sequence of assembly and erection, access and clearances, catalog numbers and other similar data. Each submission shall indicate the specification section or bid item number and page and/or sheet number to which the submission applies. Under no circumstances will submittals be accepted from subcontractors. The Contractor shall indicate on the working, shop and erection drawings all deviations from the Contract Documents and shall itemize all deviations in the letter of transmittal. 3. Submittals shall be made to the Engineer and will be distributed to the appropriate Design Engineer of Record by the Engineer. The Contractor shall identify each submittal by contract number and title on the form provided by the Engineer. All submittals are to be transmitted in an expeditious manner to ensure "next day delivery". After they have been reviewed by the Engineer or Design Engineer of Record, all submittals shall be stamped either "no exceptions," "exceptions noted" or "rejected" with resubmittal required and returned to the Contractor. 4. Prior to receipt of the reviewed shop or working drawings from the Engineer, work done or materials ordered for items covered by the drawings shall be done at the Contractor's risk. 5. All submittals by the Contractor shall be made sufficiently in advance of the scheduled start of the applicable construction operation to allow for shop drawings review and for Contractor action required in addressing review comments. The review period shall begin on the day the submittal is received in the office of the Engineer and shall be completed on the day the Engineer transmits reviewed drawings to the Contractor. 6. The Contractor shall schedule the submission of shop drawing sheets (to be discussed at the pre -construction meeting) so that approximately twenty-one (21) days are allowed for review by the Engineer and Design Engineer of Record for routine work. For more complex work, the number of copies and the scheduled time for review shall be increased proportionately to the complexity of the work. Contractor submittals that are to be considered as complex and requiring proportionately greater review time include, but are not limited to, the following: a. Contractor submittals of alternative design features or modifications to the original design. b. Contractor submittals of complex designs, unusual construction or equipment and methods requiring analysis of design calculations. C. Material Safety Data Sheets Requirement City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 23 of 94 If any chemicals, or materials or products containing toxic substances are to be used at any time during this Contract, pursuant to completion of this Contract, the Contractor shall furnish a Material Safety Data Sheet to both the Owner and the Engineer, prior to commencing such use. D. Materials 1. Delivery Tickets: The Contractor shall submit a copy of all delivery tickets for materials used on the project, regardless of the basis of payment. 2. Job Mix Formula for Asphaltic Concrete: Attention is directed to the provisions of FDOT "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" 2010, and all supplemental specifications thereto which require the submission of job mix formulas for asphaltic concrete, of the type specified, at least fourteen (14) days before plant operations begin. The submitted formula shall be approved by the Engineer and Owner prior to its use. The Contractor shall prepare the mix formula to be submitted to the Engineer and Owner. 3. Job Mix Formula for Portland Cement Concrete: Attention is directed to the requirement that job mix design formulas for all Portland Cement Concrete, of the type specified, be submitted at least fourteen (14) days prior to use on the project. The submitted formulas shall be approved by the Engineer and Owner prior to its use. All concrete mix designs shall meet FDOT Concrete Class mix guidelines or the requirements included in the Technical Specifications included in these Contract Documents. 4. All Job mix formulas shall be submitted to the Engineer and Owner. RIGHT TO AUDIT A. All of the Contractor's records related to the performance of this contract shall be open to inspection and subject to reproduction by the Owner during normal working hours to the extent necessary to permit adequate evaluation and verification of any invoices for payment, or claims, submitted by the Contractor or any of his payees pursuant to the execution of the contract. Such records shall include, but not be limited to, accounting records, written policies and procedures, subcontractor files, original estimates, estimating work sheets, correspondence, Change Order files (including the documentation of negotiated settlements), any supporting evidence necessary to substantiate charges related to this contract, and any records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this contract. B. For the purpose of such audits, inspections, examinations and evaluations the Owner shall have access to the said records from the effective date of this contract, for the duration of the work, and until thirty-six (36) months after the date of final payment by the Owner to the Contractor for performance under this contract. The Contractor hereby agrees to maintain said records in safe and dry storage until the end of this time period. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 24 of 94 C. The Owner shall have access to the Contractor's facilities and all necessary records in order to conduct audits in compliance with this Paragraph. DRAINAGE AND EROSION CONTROL The Contractor shall so conduct his operations and maintain the work in such condition that adequate drainage and erosion control will be in effect at all times. The Contractor shall ensure that all work complies with the plans and permits. The Contractor shall prepare and submit a Notice of Intent (NOI) to the Florida Department of Environmental Protection (FDEP) for a National Pollution Discharge Elimination System (NPDES) Construction Permit. Additionally, the Contractor shall comply with all NPDES requirements including maintaining a Stormwater Pollution Prevention Plan (SWPPP). STANDARD SPECIFICATIONS Unless otherwise specified, the standard specifications to be used for this work shall be the FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2010 hereinafter referred to as "Standard Specifications," except as amended under this Contract. PRIORITY In any instance where there is an apparent conflict between these provisions and the corresponding terms of the "Standard Specifications," these provisions shall be controlling. GPS COORDINATES A. The Contractor shall be responsible for providing GPS coordinates of beginning and ending segments. Coordinates shall be sent to the City's Project Manager. LABORATORY TESTING Cost of all required field and laboratory testing shall be borne by the Contractor. Testing shall be in accordance with the Standard Specifications and follow typical practices. CONFORMITY OF WORK WITH PLANS A. All work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans or indicted in the specifications. B. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the plans and specifications, but that reasonably acceptable work has been produced, he shall then make a determination if the work shall be accepted and remain in place. In this event, the Engineer will document the basis of acceptance by contract modification, which will provide for an appropriate City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 25 of 94 adjustment in the contract price for such work or materials as he deems necessary to conform to his determination based on engineering judgment. C. For base and surface courses, the finished grade may vary as much as 0.1 foot from the grade shown in the plans, provided that all template and straight edge requirements are met and that suitable transitions are effected. M IARANTFF All work shall be guaranteed for a period called out in these documents after completion and acceptance of the work unless otherwise specified. The guarantees are to be construed as being supplemental in nature and in addition to any and all other remedies available to the Owner under the laws of the State of Florida. WARRANTY The Contractor shall obtain and assign to the Owner all express warranties given to the Contractor or any subcontractors by any material suppliers, equipment or fixtures to be incorporated into the Project. The Contractor warrants to the Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all work shall be of good quality, free from all defects and in conformance with the Contract Documents. The Contractor further warrants to the Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Unless otherwise specified, if within thirty-six (36) months after final completion and acceptance, any work is found to be defective or not in conformance with the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner. The Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or work that may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the Owner is entitled as a matter of law. Cured in Place Pipe Specs available under Bid From 8K END -OF -SCOPE [Remainder of this page left intentionally blank] City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 26 of 94 SECTION 6: STANDARD PURCHASE DEFINITIONS The City will use the following definitions in instructions to bidders, terms and conditions, special provisions, technical specifications and any other solicitation documents. Addendum is a formal written document, released prior to the public opening that modifies any aspect of a Solicitation. Plural: Addenda Alternate Bid means multiple Bids with substantive variations from the same Bidder in response to a Solicitation. Amendment is a formal written agreement, signed by both parties, that modifies an existing contractual agreement. Appropriate, Appropriated, or Appropriation means the adoption by the City Council of the City of a budget for a fiscal year that includes payments to be made under the Contract during the respective fiscal year. Best Value means the highest overall value to the City based on factors that include, but are not limited to, price, quality, design, and workmanship. Bid is a complete, properly signed response to an Invitation to Bid, which if accepted, would bind the Bidder to perform the resultant Contract. Bid Guaranty (Bid Bond) guarantees that the Bidder (a) will not withdraw the Bid within the period specified for acceptance, and (b) will execute a Contract and furnish required bonds and any necessary insurance within the time specified in the Solicitation, unless a longer time is allowed by the City. The guarantee will be returned to the Bidder upon execution of a Contract. Bidder or Proposer is a person, firm, or entity that that submits a Response to a Solicitation. Any Bidder/Proposer may be represented by an agent after submitting evidence demonstrating the agent's authority. The agent cannot certify as to his own agency status. (See also "Vendor') City means the City of South Daytona. Competitive Negotiation means a method for acquiring goods, services, and construction for public use in which discussions or negotiations may be conducted with responsible offerors who submit Responses through a Request for Proposals, Request for Statements of Qualifications, or Invitation to Negotiate. Competitive (Formal) Solicitation is the process of requesting and receiving two or more sealed bids, proposals, statements of qualifications or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement. Competitive Range means the responsive submissions that meet the evaluation criteria and are considered to be reasonably susceptible of award. Construction means the process of building, repairing, improving, and alterations, conversion or extension of building, parks, utilities, streets or other improvements or alterations to real property. Contract is a written agreement or purchase order issued for the purchase of goods or services. Contractor means the person, firm or entity selling goods or services to the City under a Contract. Deliverables means the goods, products, materials, and/or services to be provided to the City by a Bidder. Due Date means the date and time specified for receipt of Responses to a Solicitation. End User is a person, program, agency, or other eligible user who uses a contract to purchase a commodity or contractual service. Evaluation/ Selection Committee/Team is a temporary group of City personnel who are responsible for the evaluation of proposals, statements of qualifications or replies as part of a Request for Proposals (RFP), Request for Submission of Qualifications (RFSQ), or Invitation to Negotiate (ITN), or competitive grant process. Evaluator is a member of the evaluation committee/team. Goods are supplies ,materials, or equipment. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services Intent to Award is a document that informs the public and respondents of the City's decision to award a contract pursuant to a previously issued competitive solicitation. Invitation to Bid (ITB) or Bid means a formal request to prospective vendors requesting pricing for a specified Good or Service which has been advertised for Bid in a newspaper. Invitation to Negotiate (ITN) means a formal request to prospective vendors requesting proposed specifications and pricing of a product and/or service which has been advertised for replies in a newspaper. Issues means points, matters, or concerns to be addressed during the negotiations. Lead Negotiator is the negotiator responsible for leading and facilitating the formal negotiation discussions and selecting other required negotiation team members. Is often the "driver of change" and seeks alternatives/options. Lowest Responsible Bid means the responsive Bid meeting all requirements of the specifications, terms, and conditions of the Invitation to Bid resulting in the lowest cost to the City in a total cost concept or based solely on price, taking into consideration the financial and practical ability of the Bidder to perform the Contract, past performance of the Bidder, and compliance with all City ordinances concerning the purchasing process. Lowest Responsible Bidder means the Bidder submitting Lowest Responsible Bid. Negotiation Team is a temporary group of City personnel who are responsible for negotiations as part of an Invitation to Negotiate (ITN). Negotiator is a member of the negotiation team. Non -Professional Services are services performed that are not of a professional nature such as lawn care, security, janitorial, etc. Offer means a complete signed Response submitted to the City in response to a Solicitation including, but not limited to, a Bid submitted in response to an Invitation to Bid, a Proposal submitted in response to a Request for Proposal, a Quote submitted in response to a Request for Quotation, a Statement of Qualifications and interest submitted in response to a Request for Statements of Qualifications, or a Reply submitted in response to an Invitation to Negotiate. Outlier is a bid, offer, or proposal which is determined by the City to be significantly dissimilar to or inconsistent with, competing bids or offers. Pre-Bid/Proposal/Statement/Reply Conference means a meeting conducted by the City, held in order to allow Vendors to ask questions about the proposed Contract and particularly the Contract specifications with the City department requesting the goods/services. Price Analysis is an evaluation of the total cost of a contract in order to determine if the price is reasonable. Procurement (Process) is a term used in the governmental sector for the combined functions of acquiring (purchasing) needed goods and/or services, receiving and inspection, inventory management, contract administration, and disposal/surplus. Professional Services means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. Protest is a formalized process by which respondents have an opportunity to challenge a procurement practice or contract award. Proposal is a complete, properly signed Response to a Request for Proposal, based on performance that is offered rather than on that of price alone, which if accepted, would bind the Vendor to perform the resultant Contract. Purchase Order is an order placed by the Purchasing Division for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 28 of 94 Request for Proposal (RFP) means a formal request to prospective vendors requesting qualifications of the vendor and pricing for a specified Good or Service which has been advertised. Request for Statement of Qualifications (RFSQ) means a formal request to prospective vendors requesting statements of qualifications pursuant to Florida Statute 287.055 "Consultant's Competitive Negotiation Act" which has been advertised for Statement in a newspaper. Respondent means an entity that has (or will, i.e. "prospective respondents") submitted a response to a competitive solicitation conducted to create a contractual relationship for the provision of commodities or services. Response/Submission means all materials submitted to the City by a respondent as part of a solicitation. A response may be called a bid, proposal, statement of qualifications, or a reply, depending on the type of competitive solicitation being issued. Responsible (Vendor) is a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. Responsive (Vendor) is a vendor that has submitted a bid, proposal, statement of qualifications, or reply that conforms in all material respects to the solicitation. Scope means the extent of the area or subject matter that something deals with or to which it is relevant. Scope of Work means a description of the work activities, deliverables, and/or timeline that a vendor must execute in terms of delivering specific commodities or in performance of contractual services. Services include all work or labor performed for the City on an independent contractor basis other than construction. Solicitation means a formal request, as applicable, for prospective vendors to submit responses to an Invitation to Bid, Request for Proposal, Request for Qualifications, Invitation to Negotiate, or a Request for Quotation. Solicitation Document means a document, or collection of documents, either paper or electronic, that contains all information required to conduct a competitive procurement project according to § 287.057, Florida Statutes. Stakeholder means an individual, who is not likely to become a vendor, who has an interest in the commodities/contractual services needed. Subcontractor means a person, firm or entity providing goods or services to a Vendor to be used in the performance of the Vendor's obligations under the Contract. Subject Matter Expert means a person who has working or expert knowledge about a particular topic or field. Unbalanced Bid means a Bid that is based on prices which are significantly less than cost for some bid items and significantly more than cost for others. Vendor is a person, firm, or entity that that provides commodities or services and submits a Response to a Solicitation. Any Vendor may be represented by an agent after submitting evidence demonstrating the agent's authority. The agent cannot certify as to his own agency status. (Also called "Bidder" or "Proposer".) City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 29 of 94 SECTION 7: GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of South Daytona. General Requirements apply to all advertised Solicitations; however, these may be superseded, in whole or in part, by the SPECIAL REQUIREMENTS /INSTRUCTIONS OR OTHER DATA CONTAINED HEREIN. READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM. 1. ACCEPTANCE BY CITY The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services tendered by vendor. The City at its option may reject all or any portion of such goods or services which do not, in City's sole discretion, comply in every respect with all terms and conditions of the contract. The City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non -conditional, shall not be deemed a waiver or settlement of any defect in such goods and services. The material delivered as a result of this solicitation shall remain the property of the seller until a physical inspection and actual usage of the item(s) is made and thereafter deemed acceptable to the satisfaction of the City, in compliance with the terms and specifications contained herein. In the event that the item(s) supplied to the City is/are found to be defective, or does/do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return the item(s) to the seller at the seller's expense. 2. ADDENDUM When specifications are revised, the City will issue an addendum addressing the nature of the change. Vendors should acknowledge all addenda by listing the addenda received on the "Vendor Acknowledgment Form" and include it in the returned Response package. Failure to acknowledge the correct number of addenda issued may result in rejection of the Response. It is the responsibility of the Vendor to ensure all addenda have been received prior to submitting a bid. All Addenda shall be posted by the City on www.southdaytona.org The City shall issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Solicitation Response Due Date. Vendors should not rely on any representations, statements or explanations other than those made in this Solicitation or in any addendum to the Solicitation. Where there appears to be a conflict between the Solicitation and any addenda issued, the last addendum issued shall prevail. 3. ADDITIONAL GOODS Products, Materials and Goods not specifically identified in this bid request may be added to any resultant contract upon mutual consent of the contracting parties. The City reserves the right to add or delete products or materials of similar nature, within the family of products of "ITB Item(s)" and their commodity codes, to those items requested in this bid. 4. AMERICANS WITH DISABILITIES ACT (ADA): If you need special services provided for under the Americans with Disabilities Act, contact the Deputy City Clerk at 386-322-3011 at least 48 hours before the scheduled event. S. ANTI -COLLUSION STATEMENT By submitting this Response to a Formal Solicitation, the Vendor affirms that this Response is without previous understanding, agreement, or connection with any person, business, or corporation submitting a Response for the same materials, supplies, or equipment, and that this Response is in all respects fair, and without collusion or fraud. Additionally, Vendor agrees to abide by all conditions of this Solicitation and certifies that they are authorized to sign this Response for the Vendor. In submitting a Response to the City of South Daytona, the Vendor offers and agrees that if the Response is accepted, the Vendor shall convey, sell, assign or transfer to the City of South Daytona all rights, title and interest in and to all causes of action it may now or hereafter acquire under the City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 30 of 94 Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of South Daytona. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Vendor. 6. APPLICABLE LAWS In connection with the furnishing of supplies or performance of work under the Contract, the Vendor agrees to comply with the Fair Labor Standards Act, Equal Opportunity Employment Act, and all other applicable federal and state laws, regulations and executive orders to the extent that the same may be applicable. 7. ASSIGNMENT The successful Vendor shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City of South Daytona. Any such assignment or transfer shall not release Vendor from all contractual obligations. If the Vendor requires the services of any subcontractor or professional associate in connection with the work to be performed, the Vendor must obtain the written approval of the City prior to engaging such subcontractor or professional associate. The Vendor will remain fully responsible for the services of any subcontractors or professional associates. 8. AUTHORITY TO CONDUCT BUSINESS IN FLORIDA: A Florida corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request of the City. A foreign (out-of-state) corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request. A joint venture is required to provide evidence with its response that the joint venture, or at least one of the joint venture partners, is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request. However, the joint venture is required to provide evidence prior to contract execution that the joint venture is authorized to transact business in Florida and provide the City with a copy of the joint venture Agreement. A joint venture is also required to provide with its response a Statement of Authority indicating that the individual submitting the joint venture's proposal has the legal authority to bind the joint venture. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request of the City. 9. AWARDS Results from the evaluation committee will be considered by the City of South Daytona City Council at the earliest possible regular meeting subsequent to the evaluation process. This ITB is issued in accordance with and shall be governed by the provisions of the City's Purchasing Policy. The City of South Daytona City Council reserves the right to make award(s) by individual sections, groups, all or none, or a combination thereof, with one or more Vendors; to reject any and all proposals, or to waive any informality or technicality in proposals received as deemed to be in the best interest of the City. The City does not award publicly funded contracts to those who knowingly employ unauthorized alien workers in violation of section 274A(e) of the Immigration and Naturalization Act, 8 United States Code s1324a(e). Such employment deprives legal workers of job opportunities. Violation of section 274A(e) shall be grounds for unilateral cancellation of the contract, Contract, proposal or quote for purchase of services and goods by the City of South Daytona. 10. AWARD AND EXECUTION OF CONTRACT: City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 31 of 94 When a bid received has been determined to be satisfactory, a Contract will be awarded, or Purchase Order issued to the lowest responsible Bidder within the time designated in the Contract Documents. The Bidder(s) to whom the award is made shall execute the Contract(s) and return it, together with the properly executed bonds and insurance certificates to the office of the City, within the time specified. 11. BID RETURNS Vendors shall return all completed Responses to the City of South Daytona at the address set forth in the ITB on the date and at the time specified. Late submissions will not be accepted and shall be returned to Vendors unopened. 12. BID PROTEST In any case where a bidder wishes to protest either the results of or intended disposition of any bid, the following action is required: (1) The bidder shall submit a formal written protest to the city manager forty-eight (48) hours after the posting of the notice of decision or intended decision as set forth on a city council agenda item. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, bids, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within forty-eight (48) hours after the posting of the solicitation. (2) The formal written protest shall state with particularity the facts and law upon which the protest is based. (3) Failure to submit a formal written protest shall constitute a waiver of proceedings. (4) Upon receipt of the formal written protest that has been timely filed, the city shall stop the solicitation or contract award process until the subject of the protest is resolved by final city action. However, the city may continue the solicitation or award process, provided the city manager sets forth in writing particular facts and circumstances, which require the continuance of the solicitation or contract award process without delay, in order to avoid an immediate and serious danger to the public health, safety or welfare. The city will resolve the protest in the following manner: a. As soon as possible after receipt, the finance director shall provide written bid protest to the city manager, city attorney, department head involved, and supervisor directly involved in the acquisition. b. The finance director shall schedule within seven (7) business days, excluding weekends and holidays a meeting with the above -mentioned individuals or designee and protestor. The intent of the meeting is to provide a review and/or solution prior to going before council. After reviewing all relevant information, the city manager shall render a decision. C. If the protester disagrees, he may appeal to the city council at a formal council meeting. After reviewing the evidence, the city council will issue their decision. The city council's decision is final; however, the protester can appeal the administrative decision to the Circuit Court in Volusia County, Florida within thirty (30) days of the city council's final decision. Decisions at all levels shall be in writing to the protestor. 13. BID/PROPOSAL TABULATION Vendors who wish to receive a copy of the bid/proposal tabulation may obtain it by contacting the Deputy City Clerk at 386-322-3011. 14. BONDS If this Solicitation requires submission of bid guarantee and performance bonds, there will be a separate page explaining those requirements. Responses submitted without the required bid bond or certified check shall be deemed non -responsive. When the City deems it necessary, bid bonds/deposits shall be prescribed and are City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 32 of 94 advertised in the public notices inviting bids. Normally, if a bid bond/deposit is requested, it is in the amount of five percent (5%) of the bid amount. Payment and Performance Bonds requested for construction projects shall be in an amount equal to one hundred percent (100%) of the total contract amount. Upon award, the successful Vendor may also be required to furnish and pay for a satisfactory contract one hundred percent (100%) Payment and Performance Bond which will be recorded by the City, at the Vendor's sole cost and expense, with the Clerk of the Circuit Court, Volusia County, Florida, and to enter into a written contract with the City of South Daytona. After recording, the City will furnish to the contractor the recording information for the bond to evidence that the contractor has met the requirements of Florida law. The City will bill the cost of recording to the contractor. Payment and Performance Bonds shall also be recorded at the Vendor's expense in the Office of the Clerk of the Circuit Court, Volusia County, Florida. All bonds no matter which kind, are advertised in the Solicitation which appears in the newspaper. Unsuccessful Vendors are entitled to the return of their surety where the City has required such. A successful Vendor shall forfeit any surety required by the City upon failure on the part of the Vendor to enter into a contract within the time specified after the award of bid. In accordance with section 255.05, Florida Statutes, the Bidder, if awarded the Contract and the bid amount is $100,000 or more, shall execute and file acceptable performance and payment bonds equal to 100% of the contract price within ten (10) days after written notice of the award of contract. No bidder may withdraw their bid for a period of ninety (90) days after the date set for opening of bids. 15. CERTIFICATE OF INSURANCE If required upon notice of intent to award contract resulting from this solicitation, the selected Vendor will be required to submit a Certificate of Insurance showing proof of adequate coverage for professional general liability, errors and omissions and workers' compensation as identified under the insurance requirements of this solicitation and listing the City of South Daytona as a Certificate Holder prior to execution of the contract. (For details, see Insurance Requirements) 16. 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 order requests shall be made in writing by the Contractor for review by the Contract Administrator for the City of South Daytona. No work shall be performed as set forth in the change order until the Contractor receives an executed Purchase Order for the requested change. 17. CHANGE ORDER REQUEST NOTIFICATION The Successful Contractor is responsible for giving the City of South Daytona, prior to the Contract expiration date, at least forty-five (45) calendar day's advance notice for any anticipated changes in price greater than $25,000.00, time and/or scope of the awarded Contract. The Contractor shall not continue to provide services past the Contract expiration date unless approved by a written Change Order Notice from the City. 18. CLEAN UP Upon completion of the delivery of materials, the Contractor shall restore any/all public and private property which was damaged during delivery. Restoration is meant to include removal of any spillage or restoring damage to the edge of pavement, sidewalks, driveways, landscaped areas, etc. Contractor shall make repairs consistent with or better than what existed prior to delivery. This shall be understood to include the use of sod or seed and mulch to replace (if necessary) existing grass that has been damaged. If sod is used it shall match the sod present on the effected property. Contractor shall make all repairs and restorations at his expense. 19. COMMENCEMENT AND COMPLETION Vendor is responsible for commencing work under this Solicitation/Agreement within 30 days upon receipt of the Notice of Award and must substantially complete the work not later than 90 calendar days thereafter, and to fully complete the work within 120 calendar days (unless specified in the Agreement approved by Council). The Vendor shall not be entitled to any damages on account of hindrances or delays in construction from any cause whatsoever. This paragraph shall include but not be limited to any actions which result in delays in scheduling, City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 33 of 94 substantial changes in scope of work, or substantial increases in the costs of performing the work under this Agreement. Liquidated damages will be assessed against Vendor in the amount of $500 per day, for each day after each milestone that the work contemplated is incomplete. 20. COMPLIANCE/CONSISTENCY WITH SCRUTINIZED COMPANIES PROVISIONS OF FLORIDA STATUTES Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services over one million dollars ($1,000,000) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria. Vendor hereby certifies that Contractor is not listed on any of the following: (i) the Scrutinized Companies that Boycott Israel List, (ii) Scrutinized Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Vendor further hereby certifies that Vendor is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. Vendor understands that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject Vendor to civil penalties, attorney's fees, and/or costs. Vendor further understands that any contract with City for goods or services of any amount may be terminated at the option of City if Vendor (i) is found to have submitted a false certification, (ii) has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the contract is one million dollars ($1,000,000) or more, the contract may be terminated at the option of City if the Vendor is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. 21. CONDUCT OF VENDORS All Vendors or individuals acting on behalf of a Vendor are hereby prohibited from lobbying or otherwise attempting to persuade or influence any member of the Selection Committee, City Council members, or City staff at any time during the course of the solicitation process. The solicitation process shall end upon issuance of the written City Manager and staff recommendation for selection of a Vendor. All Vendors or individuals acting on behalf of a Vendor are further prohibited from contacting or otherwise attempting to communicate with any member of the staff, Evaluation Committee or City Council members regarding the pending solicitation or its outcome until after the issuance of the written recommendation of the most qualified Vendor. Until such recommendation is issued in writing, any questions regarding the pending solicitation shall be submitted to the Bid Coordinator. Failure to comply with this procedure shall result in rejection/disqualification of said submittal without exception. Contact with staff, City Council members and the Evaluation Committee during a public meeting shall not be considered a violation of this requirement. 22. CONE OF SILENCE The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award. The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time vendors, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Agents, or elected officials. Any vendor who initiates any discussions or attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 34 of 94 Exceptions to the Cone of Silence: a) Written communication directed to the Bid Coordinator; b) All communications occurring at Pre -Proposal Conferences; c) Oral presentations before publicly notice committee meetings; d) Procurement of goods and services for Emergency situations; and e) Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract. 23. CONFLICT OF INTEREST For purposes of determining any possible conflict of interest, all Vendors must disclose if any City of South Daytona employee is also an owner, corporate officer, or employee of Vendor's business. No official or employee of the City who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Scope of Work covered by the Contract shall voluntarily acquire any personal interest, directly or indirectly, in the contract or proposed Contract. 24. CONFLICT OF INSTRUCTIONS If a conflict exists between the General Terms and Conditions and instructions contained herein, and the Special Terms and Conditions and instructions contained herein, the Special Terms and Conditions shall govern. 25.CONTRACT Any acquisition above the $25,000 level shall be done through one of the formal competitive methods except upon City Council waiver and/or shall have City Council approval. Only the City Manager has the authority to obligate the City by entering into a written contract to purchase goods and/or services up to $25,000.00. The City of South Daytona, Florida reserves the right to reject any and all Responses or to waive any and all non -substantial irregularity in Responses received, whenever such waiver or rejection is in the best interest of the City. 26. CONTRACT OBLIGATION The City of South Daytona City Council shall approve the contract if greater than $25,000 annually. The Mayor or other person authorized by the Council must sign the contract before it becomes binding on the City of South Daytona or the Vendor. Department heads are NOT authorized to sign contracts for the City of South Daytona. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. 27. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between the City of South Daytona and the Vendor. Any price escalations are limited to those stated by the Vendor on the original Response. 28. COOPERATIVE PURCHASING The City Manager may elect to purchase through or join with other governmental units in cooperative purchasing ventures when the best interest of the City would be served thereby, provided the same is in accordance with all applicable laws. In the event the City Manager should elect to purchase through or join with other governmental agencies in cooperative purchasing ventures, all purchases in excess of twenty-five thousand dollars ($25,000) shall require council approval before the purchasing contracts are entered into. 29. COPELAND "ANTI -KICK BACK" ACT - 18 USC 874 AND 40 USC 276C: 29 CFR PART 3 The contractor and subcontractor(s) shall comply with the requirements of the Copeland "Anti -Kick Back" Act as supplemented in the U.S. Department of Labor regulations 29 CFR Part 3. The Copeland Act makes it a federal crime for anyone to require any laborer or mechanic (employed on a federally assisted project) to kickback (i.e. give up or pay back) any part of their wages. The Copeland Act requires every contractor and subcontractor to submit weekly payroll reports (certified payroll) and regulates permissible payroll deductions. 30. COPYRIGHT AND PATENT RIGHTS City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 35 of 94 Vendor warrants that there has been no violation of copyrights or patent rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Response, and successful Vendor agrees to hold the City harmless from any and all liability, loss or expense by any such violation. 31. COST INCURRED BY VENDOR All expenses, including costs for required bonds, involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Vendor. No payment shall be made for any response received, nor for any other effort required of or made by the Vendor prior to commencement of work as defined by the contract approved by the City Council. 32. DAMAGE Any damage to driveways, irrigation systems, sidewalks, pavement, or landscaping will be evaluated by the County's representative and the Contractor. If the Contractor is found to be at fault, all repairs, restitution, or reimbursements to the City must be completed within one week of discovery. 33. DEBARMENT HISTORY The City will consider a Vendor's debarment history information in its review and determination of responsibility. All Vendors are required to disclose to the City all cases of debarment filed, pending, or resolved by the City or other public entity during the last five (5) years prior to the solicitation response due date, whether such actions were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. If the Vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly - formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. Although the review of a Vendor's debarment history is an issue of responsibility, the failure to provide debarment history as required in the Proposal Submittal and Requirements Section may result in a recommendation of non- responsive by the City. 34. DEFAULT PROVISIONS In the event of default by the Vendor, the City reserves the right to procure the item(s) bid from other sources and hold the Vendor responsible for excess costs incurred as a result. If a contractor defaults on a City contract the City Council may elect to refrain from doing business with the Vendor for a period of 36 months from the date of default. 3S. DELIVERY OF GOODS/SERVICES All materials are to be delivered F.O.B.; City of South Daytona designated facility. Delivery dates pertaining to this invitation must be clearly stated in the bid form where required and include weekends and holidays. Failure to comply with this requirement may be a cause for disqualification of bid. Unless otherwise specified, delivery at the earliest date is required. The Vendor shall clearly state in the Response the time required for delivery upon receipt of contract or purchase order. Proposed delivery time must be specific and such phrases "as required," "as soon as possible" or "prompt" may result in disqualification of the bid. Delivery time will be a factor for any orders placed as a result of this Response. The City reserves the right to cancel such order(s) or any part thereof, without obligation, if delivery is not made within the time(s) specified herein and hold the vendor in default. Upon approval of a contract, the vendor is obligated to deliver the goods to the destination specified in the Solicitation or the Purchase Order and bears the risk of loss until delivery. If this Solicitation or Purchase Order does not contain delivery instructions, Vendor shall request instructions in writing from the City. If the delivery instructions contained in the Solicitation allocate delivery costs and risks in a manner contrary to this section, the provisions of this Competitive Solicitation shall prevail. When delivery is not met as provided for in the contract, the City reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the Vendor, in addition to any other damages, direct or consequential, incurred by the City as a result thereof. In addition, failure of the Vendor to meet the City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 36 of 94 contract delivery dates will be cause for removal of the Vendor from the City's list of eligible Bidders/Proposers as determined by the City. 36. DETERMINATION OF LOWEST AND BEST RESPONSIBLE BIDDER/PROPOSER In determining the lowest and best responsible Bidder/Proposer, in addition to price, there will be considered the following: a) The ability, capacity and skill of the Bidder/Proposer to perform the contract. b) Whether the Bidder/Proposer can perform the contract within the time specified, without delay or interference. c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder/Proposer. d) The quality of performance of previous contracts. e) The previous and existing compliance by the Bidder/Proposer with laws and ordinances relating to the contract. f) The sufficiency of the financial resources and ability of the Bidder/Proposer to perform the contract or provide the service. g) The quality, availability and adaptability of the supplies or contractual services to the particular use required. h) The ability of the Bidder/Proposer to provide further maintenance and service for the use of the subject of the contract. i) The number and scope of conditions attached to the bid. j) Such other factors as appear to the City Council to be pertinent to the bid or the contract under all of the circumstances involved. 37. DISCLOSURE OF CONFLICTS The award is subject to the provisions of Chapter 112.313, Florida Statutes. All Vendors must disclose with their Response the name of any officer, director, or agent who is also an employee of the City. Further, all Vendors must disclose the name of any employee who owns, directly or indirectly, an interest in the Vendor's firm or any of its branches. The Vendor shall not compensate, in any manner, directly or indirectly, any officer, agent, or employee of the City for any act or service that he/she may do, or perform for, or on behalf of any officer, agent or employee of the Vendor. No officer, agent, or employee of the City shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made by anyone for, or on behalf of the City. The Vendor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under the Solicitation. 38. EOUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 37 of 94 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 39. EVALUATION Evaluation shall be used as a determinant as to which Response items or services are the most efficient and/or most economical for the City. It shall be based on all factors which have a bearing on price and performance of the items in the user environment. All Responses are subject to tabulation by the City of South Daytona and recommendation to the governing body. Compliance with all Solicitation requirements, delivery and needs of the using department are considerations in evaluating Responses. Pricing is NOT the only criteria for making a recommendation. The City of South Daytona reserves the right to contact any Bidder/Proposer, at any time, to clarify, verify or request information with regard to any Response. 40. EXCEPTIONS TO SPECIFICATIONS For purposes of evaluation, the Vendor must indicate any exception to the specifications, terms, and/or conditions, no matter how minor. This includes any agreement or contract forms supplied by the Vendor that are required to be signed by the City. If exceptions are not stated by the Vendor, in his bid, it will be understood that the item (s) /services fully comply with the specifications, terms and/or conditions stated by the City. Exceptions are to be listed by the Vendor on an attachment included with the bid. The City will not determine exceptions based on a review of any attached sales or manufacturer's literature. 41. E-VERIFY Vendors shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor during the term of contract and shall expressly require any subcontractor performing services pursuant to the contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of contract. 42. FACILITIES City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 38 of 94 The City reserves the right to inspect the Vendor's facilities at any time. 43. FEDERALLY ASSISTED PROJECTS If this is a federally assisted project it will be subject to Federal Labor Standards which include, the Davis -Bacon Act (payment of prevailing wage rates) and the Copeland Act (anti -kickback of wages & submission of weekly certified payroll reports), as well as other provisions including 24 CFR 85.36 (bonding requirements), and Section 3 & M/WBE. Laborers and mechanics employed by primary contractors and sub -contractors performing construction work on this project shall be paid wages at rates not less than the prevailing rates as determined by the Secretary of Labor in accordance with the Davis -Bacon Act. The prime contractor is responsible for the enforcement of wage compliance and support documentation for the duration of the project and maybe held liable for wage restitution. The applicable information regarding the laws and regulations stated above would be included in the bid packet. If any portion of the funding for this Agreement is derived from the State of Florida, or any department of the State of Florida, or from federal funding through the State of Florida, the provisions of this sub -paragraph shall apply, provisions elsewhere in this Agreement to the contrary notwithstanding. Vendor shall make inquiry from the City's Project Manager to determine whether Federal or State funding is applicable to this Agreement. i. E-Verify. Vendor must utilize, and must expressly require all subcontractors to utilize, the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Vendor during the Term of this Agreement. ii. Agency. Vendor agrees and acknowledges that it, its employees, and its subcontractors are not agents or employees of the Federal Government, of the State of Florida, or of any department of the Federal Government or the State of Florida. iii. Indemnification. To the fullest extent permitted by law, Vendor shall indemnify and hold harmless the CITY, the Federal Government, the State of Florida, any department of the Federal Government or the State of Florida, and all officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Vendor and persons employed or utilized by Vendor in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the City's sovereign immunity. iv. Workers' Compensation Insurance. Vendor must provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, Vendor must ensure that the subcontractor(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), Vendor must ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Vendor must ensure that any equipment rental agreements that include operators or other personnel who are employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. V. Liability Insurance. Contractor shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Vendor shall cause the State of Florida to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 39 of 94 be shared with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. Vendor shall pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention. At all renewal periods which occur prior to final acceptance of the work, the CITY and the State of Florida shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The CITY and the State of Florida shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The City's or the State of Florida's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the CITY or the State of Florida may have. vi. Inspections. Vendor shall permit, and require its subcontractors to permit, the City's and the State of Florida's authorized representatives to inspect all work, materials, payrolls, and records, to audit the books, records, and accounts pertaining to the financing and development of the Services described in the Contract Documents. vii. Auditor General Cooperation. Vendor shall comply with §20.055 (5), Florida Statutes, and shall incorporate in all subcontracts the obligation to comply with §20.055 (5), Florida Statutes. j. E-Verify Compliance. Vendor affirmatively states, under penalty of perjury, that in accordance with Section 448.095, Fla. Stat., Vendor is registered with and uses the E-Verify system to verify the work authorization status of all newly hired employees, that in accordance with such statute, Vendor requires from each of its subcontractors an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and that Vendor is otherwise in compliance with Sections 448.09 and 448.095, Fla. Stat. 44. FISCAL YEAR FUNDING APPROPRIATION Specified Period: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Vendor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable. The City is obligated only to the extent that funds are included in the City's fiscal year and/or capital budget. Should the City not include funds for this expense the Agreement is null and void. 45. FINANCIAL STABILITY Vendors shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. A third party prepared financial statement and the latest Dunn & Bradstreet report will be accepted in lieu thereof. 46. FORCE MAJEURE Notwithstanding any provisions of this Solicitation Agreement to the contrary, the parties will not be held liable if failure or delay in the performance of this Solicitation/Agreement arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision does not apply if the "Scope of City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 40 of 94 Services" of this Solicitation / Agreement specifies that performance by Vendor is specifically required during the occurrence of any of the events herein mentioned. 47. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, the City's interpretation shall govern. 48. GOVERNING LAW Vendors shall comply with all applicable federal, state and local laws and regulations. All Responses are solicited and shall be made pursuant to the Code of Ordinances, City of South Daytona, Chapter 2, Article VI, and all Responses will be evaluated in accordance with the provisions thereof. Code of Ordinances, City of South Daytona is on file with the Deputy City Clerk, City Hall, 1672 S. Ridgewood Avenue, South Daytona, Florida and at www.municode.com. The City of South Daytona is also governed by the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, as the method of selecting architects, engineers and land surveyors. The City has utilized the procedures in the Act for Professional counselors, environmentalists, planners, general contractors, computer systems, designers, telecommunications consultants, maintenance technicians, financial services and other professional services. Every acquisition equal to or greater than $10,000 must have a signed, notarized "Public Entity Crimes Form" to comply with Section 287.133 (3) (a), Florida Statutes. Also required is the "Drug- Free Preference Form" to comply with Section 287.087, Florida Statutes. Each form is included in the Solicitation. 49. GRANT FUNDING Any contract entered into by the City that is to be paid from grant funds shall be limited to payment from the grant funding and the vendor/provider understands that the City has not set aside any City funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate any further services under the contract and the contract shall be null and void. 50. HIPAA COMPLIANCE The Vendor agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, referred to as "HIPAA," to the extent that the Vendor uses, discloses or has access to protected health information as defined by HIPAA. 51. IDENTICAL TIE BIDS In accordance with Section 287.087, Florida Statutes, preference shall be given to businesses with Drug -Free Workplace Programs. Whenever two or more Responses that are equal with respect to price, quality, and service are received for the procurement of commodities or contractual service, a Response received from a business that certifies that it has implemented a Drug -Free Workplace Program shall be given preference in the award process. 52. INDEMNIFICATION/HOLD HARMLESS Contractor covenants and agrees that it will indemnify and hold harmless the City and all of the City's officers, agents, and employees from any claim, loss, damage, costs, charge or expense arising out of any act, action, neglect or omission by contractor during the performance of the contract, whether direct, or indirect, and whether to any person or property to which the City of said parties may be subject, except that neither the contractor nor any of its sub -contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of City or any of its officers, agents, or employees. 53. INDEPENDENT CONTRACTOR City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 41 of 94 It is expressly understood and agreed by both parties hereto that the City is contracting with the successful vendor as an independent contractor. The parties hereto understand and agree that the City shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful vendor under this contract and that the successful vendor has no authority to bind the City. The Vendor represents itself to be an independent contractor offering such services to the general public and shall not represent himself or his employees to be an employee of the City. Therefore, the Vendor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, worker's compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the City, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney's fees); and damage of any kind related to such matters. The Vendor shall further understand that the City cannot save and hold harmless and or indemnify the Vendor and/or the Vendor's employees against any liability incurred or arising as a result of any activity of the Bidder/Proposer or any activity of the Vendor's employees performed in connection with the Contract. 54. INSPECTIONS AND TESTING City of South Daytona reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Vendor cannot furnish a sample of a Response item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City can reject the Response as inadequate and non -responsive. 55. INSURANCE If required upon execution of a contract, the Vendor shall maintain insurance during the life of this agreement, and the City of South Daytona shall be listed as additional insured on that insurance document. A waiver of subrogation must be added in all areas and shall suffice in lieu of additional insured on workers' compensation, in an amount and a form set forth herein, to insure against risks, which are identified herein. Insurance providers must be rated "A" or better accordingly to the A.M. Best Company. 56. INSURANCE CANCELLATION No change or cancellation in insurance shall be made without thirty (30) days' written notice by the Vendor to the City. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to maintain or to provide acceptable evidence of current insurance within five (5) days after receipt of written notice at any time during the contract term, the City shall have the right to consider the Contract breached which shall justify the termination thereof. 57. INSURANCE REQUIREMENTS The Vendor shall provide to the City a certificate of insurance identifying the City of South Daytona as an additional insured. For workers' compensation coverage, the Vendor's insurance certificate shall include the insurer's waiver of subrogation in lieu of naming the city as an additional insured for workers' compensation. Policies other than Workers' Compensation shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all Insuring companies are required to have a minimum rating of "A" in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. Policies for Workers' Compensation may be issued by companies authorized as a group self -insurer by F.S. 440.572. The Vendor shall not commence work under the contract until the City has received a certificate or certificates of insurance and endorsement evidencing the required insurance. The Vendor shall provide the City written notice of cancellation, nonrenewal or any other changes in coverage no later than ten (10) days prior to the effective date of the change. The City reserves the right to increase insurance coverage as determined for higher risk contracts and shall reimburse the Contractor for the reasonable additional costs of increased coverage. If the Bid Documents do not state an insurance requirement or the amount of insurance, then the amount of insurance required by this Agreement must not be less than: City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 42 of 94 i. Workers' Compensation (unless exempt) with Employers' Liability with a limit of $500,000 each accident, $500,000 each employee, $500,000 policy limit for disease; ii. Commercial General Liability (CGL) insurance with a limit of not less than $300,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project in the amount of $600,000. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at $100,000; iii. Commercial Automobile Liability Insurance with a limit of not less than $300,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos) and such policy shall be endorsed to provide contractual liability coverage; iv. Professional Liability (Errors & Omissions) shall be included at $1,000,000 minimum. V. Fire damage liability shall be included at $300,000. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate must be issued 30 days prior to the expiration date. The policy must provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City before commencement of any work activities. 58. INVOICES AND PAYMENTS All invoices shall be sent to: City of South Daytona, Accounts Payable, P.O. Box 214960, South Daytona, Florida, 32121-4960. In accordance with Florida Statutes, Chapter 218, payment will be made within 45 days after receipt of merchandise and a proper invoice. The City will attempt to pay within fewer days if Vendor offers a payment discount. The City cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D. Vendors should state any payment discount in the space provided on the bid form for construction services. 59. IRREVOCABILITY OF RESPONSES Each Vendor agrees that Responses shall remain open until the effective date not to exceed 90 days after selection, shall not be subject to revocation or withdrawal, and shall be subject to the City Council's acceptance of a contract with the Vendor. 60. LATE SUBMISSIONS. LATE MODIFICATIONS AND LATE WITHDRAWALS Responses received after the Response Due Date and time are late and shall not be considered. Modifications received after the Response Due Date are also late and shall not be considered. Letters of withdrawal received after the Response Due Date are late and shall not be considered. Letters of withdraw received after contract award shall be deemed a breach of contract, subject to penalties as set forth in the contract and Solicitation. 61. LEGAL REQUIREMENTS Applicable provision of all federal, state, county and local laws, and all ordinances, rules, and regulations shall govern development, submittal and evaluation of all Responses received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a response to a Solicitation hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any Vendor shall not constitute a cognizable defense against the legal effect thereof. Upon execution of a contract, the successful Vendor shall hold harmless, indemnify and defend the City of South Daytona, its members, officials, officers and employees against any claim, action, loss, damage, injury, liability, cost and expense of whatsoever kind or nature (including, but not byway of limitation, attorneys' fees and court costs) arising out of or incidental to the performance of the Contract, whether or not due to or caused by negligence of City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 43 of 94 the City of South Daytona, its members, officials, officers or employees. This Contract requirement shall be reflected in the insurance coverage certificate. 62. LICENSES. PERMITS AND TAXES The Vendor shall comply with all rules, regulations, laws and permitting requirements of the City, Volusia County, the State of Florida, and the United States Government now in force or hereafter to be adopted. The Vendor shall abide by all ordinances and laws pertaining to his operations and shall secure, at his expense, all licenses and permits necessary for construction and operation. The City of South Daytona wants to ensure that all bidders are licensed to do work in Volusia County. All bidders must be registered with the Volusia County Licensing Program prior to start of any construction activities associated with this project. The bidder's name must match the Licensee name in order to qualify. The Contractor will be responsible for payment of all Excise, Sales and Use Taxes, and all other taxes required by law on all materials, tools, apparatus, equipment, fixtures, and incidentals which he purchases or uses for the purpose of fulfilling the work of this Contract, and he/she shall include all amounts required for such taxes with the item prices bid in his Proposal. No additional payment will be made to cover such taxes. Each Bidder shall thoroughly familiarize himself before submitting a Proposal, with all laws requiring the payment of taxes. 63. LITIGATION HISTORY: The City will consider a Vendor's litigation history information in its review and determination of responsibility. All Vendors are required to disclose to the City all "material" cases filed, pending, or resolved during the last five (5) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. If the Vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly -formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. Although the review of a Vendor's litigation history is an issue of responsibility, the failure to provide litigation history as required in the Evaluation Criteria may result in a recommendation of non -responsive by the City. 64. LITERATURE (if applicable) If no particular brand, model or make is specified, Vendors shall submit descriptive literature and technical data, fully detailing all features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the equipment, material, and/or services he proposes to furnish. 65. MAINTENANCE Maintenance required for equipment Solicitation is preferred to be available in the City of South Daytona by a manufacturer -authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If the City of South Daytona opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and shall be priced accordingly. 66. NAME BRANDS Specifications may reference name brands and model numbers. It is not the intent of the City of South Daytona to restrict these bids in such cases, but to establish a desired quality level of merchandise or to meet a pre- established standard due to like existing items. Vendors may offer items of equal stature and the burden of proof of such stature rests with the Vendor, unless otherwise specified by the City. The City of South Daytona shall act as sole judge in determining equality and acceptability of products offered. 67. NON-DISCRIMINATION There shall be no discrimination as to race, color, religion, gender, age, marital status, national origin, ancestry, and physical or mental disability in the operations conducted under this contract. Included as applicable activities by the contractor under this section are the solicitation for or purchase of goods or services, or the subcontracting of work in performance of this contract. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 44 of 94 68. NON -EXCLUSIVITY OF CONTRACT The selected Vendor understands and agrees that any resulting contractual relationship is non-exclusive and the City of South Daytona reserves the right to seek similar or identical services elsewhere if deemed in the best interest of the City of South Daytona. 69. NON-PERFORMANCE: Failure to meet the expected quality of workmanship, schedule, or other criteria agreed upon, shall be considered a default. In case of default, the City may procure the required services from other sources and hold the Consultant responsible for any excess costs occasioned thereby and may immediately cancel the contract. 70. NOTICE TO CONTRACTOR The employment of unauthorized aliens by any contractor is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 71. OPTIONAL CONTRACT USAGE As provided in Section 287.042(16), Florida Statutes, State of Florida agencies may purchase from a contract resulting from this solicitation, provided the Department of Management Services, Division of Purchasing, has certified its use to be cost-effective and in the best interest of the State. Contractor(s) may sell such commodities or services certified by the Division to State of Florida agencies at the contractor's option. 72. OTHER AGENCIES All Vendors awarded contracts from this Bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms, and conditions, if agreed to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase order to the awarded Vendor(s). 73. OWNERSHIP OF DOCUMENTS: All documents resulting from this project will become the sole property of the City of South Daytona. The Vendor must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in the possession of the Vendor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. 74. PATENTS/COPYRIGHTS The successful vendor agrees to indemnify and hold the City harmless from any claim involving patent infringement or copyrights on goods supplied. 75. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, or of his right, title or interest therein, without written consent of the City. The Contractor shall perform on the site and with his own organization work equivalent to not less than 50 percent of the total dollar value of the work to be performed under this contract except that work designated hereinafter as specialty work may be performed by subcontractors and the cost of any such specialty work so performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 45 of 94 76. PRE -BID CONFERENCE OR PRE -PROPOSAL CONFERENCE The City shall determine if a pre -bid conference is required and provide the date, time and location in the Solicitation legal advertisement and Solicitation specifications. The conference shall normally be held in the Council Chambers, located at City Hall, 1672 S. Ridgewood Avenue, South Daytona, Florida. A site visit may be included and shall immediately follow. Attendance to the pre -bid and pre -proposal conference is normally non - mandatory. Only Vendors attending a mandatory pre -bid conference will be eligible to submit a Response. The representative of each Vendor shall be an authorized employee of the Vendor and shall sign in accordingly. 77. PREPARATION OF RESPONSES In preparing Responses, the Proposal Form, the Bid Form (when a Bid Bond is permitted as proposal security), Certificate as to Corporate Principal, Public Entity Crimes Statement, Anti- Collusion Statement, and Drug Free Preference Statement must be properly executed in ink. Upon the prescribed Schedule of Unit Prices, all bid prices shall be typewritten or written in ink, or electronically imputed in the blank spaces for each item, with the amounts extended if a unit price bid, and all amounts totaled. The sum of the Total Bid as calculated from the individual items, Schedule of Unit Prices, shall equal the Total Price. Except as provided below, bids containing substitutions or combinations of alternates will not be considered unless such substitutions or combinations are specifically authorized by the Proposal. The Vendor shall sign his name and give his business address in the spaces provided therefore. If the Proposal is made as a partnership, it shall be signed by all partners; if made by a corporation, it shall be signed in the name of the corporation by one of the officers thereof and shall have affixed the seal of the corporation. 78. POSTPONEMENT / CANCELLATION / WAIVER OF IRREGULARITIES The City may, at its sole and absolute discretion, reject any and all, or parts of, Responses; re- advertise the Solicitation for new Responses; postpone or cancel, at any time, the Solicitation process; or waive any irregularities in the Solicitation or in the Responses received as a result of the Solicitation, or to accept that Response which best serves the interest of the City. 79. PRICING The Vendor certifies that prices, terms and conditions in the Response will be firm for acceptance for a period of ninety (90) days from the date of Response opening unless otherwise stated by the City. Responses may not be withdrawn before the expiration of ninety (90) days. Prices shall be firm, with no escalator clauses unless specified by the City. Responses may be withdrawn after ninety (90) days only upon written notification to the City. Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all-inclusive: no price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, the Vendor shall indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. In the event of any discrepancy between the written amounts and the numerals, the written amounts shall govern and will be considered as the price bid. When submitting Bids/Proposals based on a Lump Sum basis, Vendors shall be required to submit a Schedule of Unit Pricing for each line item listed on the Bid Proposal in order to be considered for award. 80. PRODUCTS/ESTIMATES: Items included on the Bid Form represent the needs of various departments within the City. This is in no way to be construed as the entire or complete list of products to be purchased from the resulting contract. There is no anticipated dollar volume for this contract and cannot be guaranteed. Items shall be ordered on an as needed, when needed basis. Exact quantities or estimated quantities cannot be predetermined. 81. PROHIBITED INTERESTS City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 46 of 94 No official of the City who is authorized in such capacity, and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or indirectly interested, personally, in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally, in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 82. PROPRIETY INFORMATION Upon receipt by the City, responses to Solicitations, become public records subject to the provisions Florida's state policy on public records, Section 119, Florida Statutes. If you believe that any portion of your response is exempt, you should clearly identify the specific documents for which confidentiality is claimed, and provide specific legal authority of the asserted exemption. Any financial statement that an agency requires a prospective Vendor to submit in order to prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from Section 119.07, Florida Statutes, and Article I, 24(a), Florida Constitution. 83. PROTECTION Precaution shall be exercised at all times for the protection of persons, (including employees) and property. All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage or interrupted service at all times by the Vendor during the term of contract, and the Vendor shall be held responsible for any damage to the property occurring by reason of his operation on the property. 84. PUBLIC ENTITY CRIMES In accordance Section 287.133 (2) (a), Florida Statutes: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 Months from the date of being placed on the convicted vendor list. 85. PUBLIC RECORDS COMPLIANCE Contractor shall comply with public records laws as set forth in Section 119, Florida Statutes, and shall specifically: ❑❑ Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. ❑❑ Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Section 119, Florida Statutes, or as otherwise provided by law. m Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d ❑ Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the Contractor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. e❑ The failure of Contractor to comply with a public records request shall constitute a material breach of the contract. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 47 of 94 QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, DEPUTY CITY CLERK BECKY WITTE, AT 386-322-3011; BWITTE@SOUTHDAYTONA.ORG; MAILING ADDRESS: 1672 RIDGEWOOD AVENUE, SOUTH DAYTONA, FL 32119. 86. PUBLIC RECORDS/PUBLIC MEETINGS EXEMPTION STATEMENT Section 119.071(1) (c), Florida Statutes: Any financial statement that an agency requires a prospective Vendor to submit in order to prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. On June 2, 2011, Governor Scott signed HB 7223 into law. This new legislation amends Florida's Public Records and Sunshine Laws, by expanding "exemptions" applicable to bids, proposals and replies to sealed competitive solicitations, and closes evaluation meetings from the public in certain instances. First, Section 119.071, Florida Statutes was amended to provide that sealed bids, proposals, or replies received by a Florida public agency shall remain exempt from disclosure until an intended decision is announced or until 30 days from the opening, whichever is earlier. This means that Vendors will not be able to procure a copy of their competitor's bids until an intended decision is reached or 30 days has elapsed since the time of the bid opening. The prior version of the law provided for a 10-day exemption. Next, Section 286.0113, Florida Statutes was amended to provide that meetings of persons appointed to evaluate bids or proposals and negotiate contracts shall be closed in certain circumstances. Specifically, portions of such meetings may now be closed to the public during oral presentations made by a vendor, or where a vendor answers questions. In other words, neither Vendors, nor the public will be permitted to sit in on meetings, unless this exemption is waived by the City Council, wherein their competitors are making presentations or discussing their bid or proposal with the committee members. The portions of these meetings must still be recorded and are subject to disclosure at the time of an intended award decision or within 30 days of the bid or proposal opening, whichever is earlier. Portions of the meetings that do not involve presentations, questions and answers, or negotiation strategy or negotiation sessions are still open to the public and competing Vendors, but the new law limits public attendance to portions of such meetings. 87. PURCHASE ORDER AND DELIVERY The successful Vendor shall not deliver products or provide services without a City of South Daytona Purchase Order, signed by an authorized agent of the City of South Daytona. The fastest, most reasonable delivery time shall be indicated by the Vendor. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which shall be rectified prior to expiration of the time for performance. Failure to rectify within the performance period shall be considered cause to reject future deliveries and cancellation of the contract by City of South Daytona without prejudice to other remedies provided by law. Where delivery times are critical, the City of South Daytona reserves the right to award accordingly. 88. UO ALITY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality and highest -grade workmanship unless otherwise specified in this bid by the City. 89. QUESTIONS. INTERPRETATIONS Questions regarding interpretation of Responses, Solicitation results or Solicitation awards shall be directed in writing to the City and referenced by the Solicitation number no later than the last day for questions as specified in the Solicitation documents. The City shall not be responsible for oral interpretations given by any City personnel City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 48 of 94 or representative or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. 90. RECORDS/AUDIT The Vendor shall maintain records sufficient to document their completion of the scope of services as a public record and as a requirement of the Contract. At all reasonable times, these records, unless exempt or confidential, shall be subject to review, inspection, copy and audit by persons duly authorized by the City. These records shall be kept for a minimum of three (3) years after completion of the Contract and in accordance with the requirements of public records retention as prescribed by general law. Records which relate to any litigation, appeals or settlements of claims arising from performance under this requirement shall be made available until a final disposition has been made of such litigation, appeals, or claims. 91. REJECTING OF RESPONSES, REBIDDING The City reserves the right to accept or reject any or all Responses or parts of Responses, to waive irregularities and technicalities, and to request re -bids. The City also reserves the right to award the contract on such items the City deems will best serve the interests of the City. The City further reserves the right to award the contract on a "split order" basis, or such combination as shall best serve the interests of the City unless otherwise specified. The City Council shall have the authority to reject any and all Responses. If the lowest and best Response exceeds the budgeted amount and the City Council does not make additional funds available, the Buyer with the help of the department head shall have the authority to re -advertise the article or articles for bidding after making sufficient changes in the plans or specifications to bring the cost within the limit of the money available. 92. REQUEST FOR ADDITIONAL INFORMATION Prior to the final Solicitation selection, Vendors may be required to submit additional information which the City may deem necessary to further evaluate the Vendor's qualifications to perform under the terms of the Solicitation and subsequent Contract. 93. REVIEW OF RESPONSES/SUBMISSIONS Each Response will be reviewed to determine if the Response is responsive to the submission requirements outlined in the Solicitation. A responsive Response is one which follows the requirements of the Solicitation, includes all required documentation, is submitted in the format outlined in the Solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem your Response non- responsive. 94. RIGHT OF NEGOTIATION RFP/RFSQ(RFQ)/ITN The City reserves the right to negotiate with the selected Vendor the exact terms and conditions of the Contract. 95. RIGHT OF WITHDRAWAL A bid, proposal, statement, or reply may not be withdrawn before the expiration of ninety (90) days from the Response due date. 96. RIGHTS TO SOLICITATION SUBMITTED MATERIAL All Responses, inquiries, or correspondence relating to or in reference to a Solicitation, and all reports, charts, and other documentation submitted by Vendors shall become the property of the City when received. 97. RULES, REGULATIONS AND LICENSING REQUIREMENT The Vendor shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Vendors are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. 98. SAMPLES Samples, when requested, must be furnished at, or before, Response opening, (unless otherwise specified), and will be delivered at no charge to the City. If not used and/or destroyed in testing, said sample(s) will, at the City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 49 of 94 Vendor's request, be returned within thirty (30) days after bid award at the Vendor's expense. If requested by the City, samples and/or inspection of like items are to be made available in the central Florida area. 99. SEPARATION AND DISTRIBUTION The Solicitation has been designed for transmittal as a complete document to interested parties. It is recommended that it not be separated; however, it may be reproduced in its entirety as additional distribution might dictate. 100. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. 101. SIGNATURE REQUIRED All Responses must show the company name and be signed by a company officer or employee who has the authority to bind the company or firm by their signature. UNSIGNED RESPONSES WILL BE REJECTED. All manual signatures must be original - no rubber stamp, photocopy, etc. 102. SIGNED RESPONSE CONSIDERED AN OFFER The signed Response is considered an offer on the part of the Vendor, which offer shall be considered accepted upon approval by the City of South Daytona City Council (if required). The City of South Daytona will issue a purchase order or a letter of authorization to the successful Vendor, as authorization for delivery of the items awarded subject to requirements of detailed specifications and those contained herein. In the event of default on the part of the Vendor after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific performance. 103. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 104. SOLICITATION FORM COMPLETION. SUBMISSION AND RECEIPT OF RESPONSES Unless otherwise specified, Vendors shall use the Solicitation forms supplied by the City. Responses shall be typewritten or handwritten in ink and shall bear the original signature of the Vendor's authorized representative. Responses containing erasures or corrections must be initialed by the Vendor in ink. Responses shall be submitted by mail or hand delivery only. No Response will be accepted by facsimile transmission, e-mail or other electronic delivery. Responses submitted by mail shall be addressed to: City South Daytona, Office of the City Manager, City Hall, 1672 S. Ridgewood Avenue, South Daytona, Florida 32119. Responses submitted by hand delivery shall be delivered to: City South Daytona, Office of the City Manager, City Hall, 1672 S. Ridgewood Avenue, South Daytona, Florida 32119. Responses will be accepted until 2:00 p.m. on the date indicated in the Solicitation documents or as addenda issued by the City. One (1) sealed envelope or package shall be submitted. The sealed envelope/package must contain the required forms and price proposals, where applicable, and will be evaluated and deemed responsive or non -responsive. All Responses deemed non -responsive will be returned to the Vendor and will not be opened. Bids (Envelope/Package) shall contain one (1) original and one (1) digital (flash drive) version unless otherwise indicated in the legal advertisement and shall be mailed or delivered as set forth in the preceding paragraph in City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 50 of 94 one (1) SEALED ENVELOPE/PACKAGE. The envelope/package shall be clearly marked on the outside to include the bid project name, bid number and name of the Vendor. 105. SOVEREIGN IMMUNITY. Nothing in this Solicitation or Agreement extends, or will be construed to extend, the City's liability beyond that provided in section 768.28, Florida Statutes. Nothing in this Solicitation or Agreement is a consent, or will be construed as consent, by the City to be sued by third parties in any matter arising out of this Solicitation or Agreement. 106. STATE LICENSING REQUIREMENTS All entities defined under Chapters 607, 608, 617 or 620, Florida Statutes, seeking to do business with the City shall be on file and in good standing with the State of Florida's Department of State. Prior to making an offer, the Vendor shall have met the license, certification, and any other requirements of the state, county, city and/or other agency of authority with jurisdiction in such matters and should provide copies of documentation that evidence such qualifications with the response to the Solicitation; and, that the Vendor shall provide follow-up evidence that the Vendor maintains such credentials throughout the period of the agreement. A copy of a current certificate of authority from the Secretary of State authorizing the Bidder/Responder to do business in the State of Florida, or other evidence of legal authority to do business in the state, county, city and/or any other agency of authority should be provided with your response to the Solicitation. Information concerning certification with the Secretary of State may be obtained at https:�/dos.myflorida.com/sunbiz/manage-business/certification. Contract documents shall be executed by the entity's duly authorized officer as evidence by entity records. 107. SUBCONTRACTING The Vendor will not sub -contract, or enter into any subcontracting agreements pertaining to this contract, without obtaining approval from the City of South Daytona. 108. SUPPLEMENTAL MATERIALS Vendors are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements that the Vendor wishes to include as a condition of the bid must also be in the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid. 109. TAXES The City of South Daytona is exempt from all federal excise, state and local taxes unless otherwise stated in this document. A Tax Exemption Certificate will be furnished upon written request to the City of South Daytona. The Contractor will be responsible for payment of all Excise, Sales and Use Taxes, and all other taxes required by law on all materials, tools, apparatus, equipment, fixtures, and incidentals which he purchases or uses for the purpose of fulfilling the work of this Contract, and he/she shall include all amounts required for such taxes with the item prices bid in his Proposal. No additional payment will be made to cover such taxes. Each Bidder shall thoroughly familiarize himself before submitting a Proposal, with all laws requiring the payment of taxes. 110. TERM CONTRACTS Acceptance by the City of South Daytona of Vendor's offer shall be limited to the terms herein unless expressly agreed in writing by the City. If the contract is intended to cover a specific time period, the term will be given in the bid specifications. 111. TERMINATION The City of South Daytona reserves the right to terminate the contract for default if the Vendor breaches any of the terms therein, including warranties of the Vendor or if the Vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which the City of City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 51 of 94 South Daytona may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to the City's satisfaction and/or to meet all other obligations and requirements. The City may cancel the Contract at any time for breach of contractual obligations by providing the Vendor with a written notice of such cancellation. Should the City exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the Vendor. 112. TIME IS OF THE ESSENCE Time is of the essence in the lawful performance of all goods and/or services, duties and obligations provided by the Vendor under the terms of this Agreement. The Vendor agrees that Vendor shall diligently and expeditiously pursue the Vendor's obligations at such a rate of progress as will ensure full completion thereof within the time specified. 113. TITLE TRANSFER Title and Risk of Loss of goods shall not pass to City of South Daytona until City of South Daytona actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 3:00 p.m., Monday through Friday. The Vendor is advised to consult the using department for instructions. The place of delivery shall be specified in the bid specification and/or on the Purchase Order as a "Deliver To:" address. 114. UNBALANCED BID A mathematically unbalanced bid is where a bidder places a high price on some items and a low price on other items in a unit price contract. A bid is materially unbalanced when there is reasonable doubt that acceptance of a mathematically unbalanced bid will result in the lowest overall cost to the City. Unbalanced Bids will be rejected if the prices are deemed materially unbalanced. 115. USE OF SOLICITATION FORMS The Vendor shall complete the appropriate Solicitation Form(s) included in the Solicitation. All blanks on the Solicitation Forms shall be completed. If a question or confirmation is not applicable, it should be answered with an "N/A." Supplemental information may be attached to the Solicitation Forms. Failure to fully complete the appropriate Solicitation Forms may result in disqualification of the Response. If additional space for a response is required, attach an additional page to the page on which the question is stated. Clearly identify the number of the question to which the response is attached. Further, if additional Solicitation Form pages are needed, photocopy or replicate as appropriate, and attach such additional pages to the page on which the question or chart is stated. The signature of the Authorized Person or Entity must be that of an officer, partner or a sole proprietor of the entity making the Response. The original Response, and each copy submitted shall contain an original signature on the Vendor's Acknowledgement Form contained in each Solicitation. 116. VARIANCES For purposes of Response evaluation, Vendors must indicate any variances, no matter how slight, contained in the Response. No variations or exceptions by a Vendor will be considered or deemed a part of the Response submitted unless such variances or exceptions are listed in the Response and referenced in the space provided on the Response pages. If variances are not stated, or referenced as required, it will be assumed that the product or service complies with the City's terms, conditions and specifications. By receiving a Response, the City does not necessarily accept any variances contained in the Response. All variances submitted are subject to review and approval by the City. If any Response contains material variances that, in the City's sole opinion, make that Response conditional in nature, the City reserves the right to reject the Response or part of the Response that is declared, by the City, as conditional. 117. VENDOR'S PRODUCT OR SERVICES City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 52 of 94 The Vendor's product (if applicable) delivered to the City shall be free of all liens, claims or encumbrances, and the vendor warrants that it has a clear title to the product being delivered. If the Vendor is contracted to provide services, such services shall be fully satisfactory to the City as determined by the City. The Vendor shall provide the City with any data, reports or other information as required and requested by the City to enable it to utilize the product or service furnished by the Vendor. In furnishing the service or product to the City, the Vendor shall comply with all federal, state, county laws, and city rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, Contract, proposal or quote. 118. WAIVER OF IRREGULARITIES The City of South Daytona reserves the right to waive and/or reject any non -substantial irregularity in Responses received whenever such waiver or rejection is in the best interest of the City and/or it does not meet the minimum requirements set forth. All reasonably responsive Responses will be considered. However, the City reserves the right to waive formalities or informalities in Responses, to reject, with or without cause, any or all Responses or portions of Responses, or to interview or not interview individual Vendors, and to accept any Responses or portions of Responses deemed to be in the best interest of the City. The City Council shall grant the City Manager to waive any and all non -substantial irregularities in any and all formal Solicitations. 119. WARRANTIES Vendors shall furnish all data pertinent to warranties or guarantees which may apply to items in the Response. Vendors may not limit or exclude any implied warranties. The Vendor warrants that product sold to the City shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, City of South Daytona may return the product for correction or replacement at the Vendor's expense. If the Vendor fails to make the appropriate correction within a reasonable time, City of South Daytona may correct at the Vendor's expense. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 53 of 94 SECTION 8: SPECIAL CONDITIONS PERIOD OF OFFER VALIDITY: Bids offered in this ITB must remain firm for a period of ninety (90) Days from the ITB opening date. CONTRACT TERM: The term of the contract shall be three (3) years, with the option for an additional two (2) two-year renewal periods, upon mutual consent of both parties. ELIGIBILITY OF VENDOR: To be eligible to respond to this ITB, the Vendors must have prior experience working with the services described in this ITB. Please provide eligibility experience with your submittal. NOTICE: The City reserves the right to consider cooperative contracts, federal, state municipal etc.; in the evaluation process. If in the City's best interest, the City may utilize a cooperative contract in lieu of making an award. BID BONDS: A certified check or bank draft, payable to the City of South Daytona, Florida or a satisfactory bid bond executed by the Bidder and an acceptable surety, in an amount equal to five percent (5%) of the bid shall be submitted with each bid. Cured in Place Pine SDecs available under Bid From 8K City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 54 of 94 SECTION 8: BID FORMS BID FORM 8A: BID SUBMITTAL CHECKLIST 0 Form 8B: Acknowledgement and Pricing Proposal 0 Form 8C: Drug Free/Tie Preference Statement 0 Form 8D: Public Entity Crimes Statement 0 Form 8E: Anti -Collusion Statement 0 Form 817: Statement of Vendor Qualifications 0 Form 8G: Professional References for Previous Experience 0 Form 8H: Listing of Subcontractors 0 Form 8I: Cured in Place Pipe Specs 0 Form 8J: Cured -in -Place Pipe Specs 0 Independent Contractors Agreement 0 Attachment: Bid Proposal 0 Copy of License(s) 0 Insurance Certificate 0 Submission of one (1) original marked "ORIGINAL" and one (1) digital (flash drive) copy. raw Name of Business Authorized Signature Printed Name and Title THIS DOCUMENT MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 55 of 94 BID FORM 8B: Bid Form Acknowledgement and Pricing Proposal PROJECT IDENTIFICATION: Sewer Rehabilitation Services BID IDENTIFICATION AND NUMBER: BID NO. 23-B-005 THIS BID IS SUBMITTED TO: CITY OF SOUTH DAYTONA OFFICE OF THE CITY MANAGER 1672 S. RIDGEWOOD AVENUE Name of Bidder: Mailing Address: Street Address: City/State/Zip: Phone Number: ( ) SOUTH DAYTONA, FLORIDA 32119 FAX Number: ( ) I have carefully examined the Invitation to Bid (ITB), Instructions to Vendors, General and/or Special Conditions, Specifications, and any other documents accompanying or made a part of this invitation. I hereby propose to furnish the goods or services specified in the Invitation to Bid at the prices or rates as finally negotiated. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the City of South Daytona adequate time to evaluate the proposed bid. Furthermore, I agree to abide by all conditions of the Invitation to Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. I further certify that I am a duly authorized to submit this Bid on behalf of the Vendor / Contractor as its act and deed and that the Vendor / Contractor is ready, willing and able to perform if awarded the contract. I propose and agree, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents to furnish all necessary materials, equipment, machinery, tools, apparatus, transportation and labor and to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. I will accept as full compensation for completion of the project in full compliance with the Contract Documents, the lump sum price for the work items submitted herein with this Bid. I further certify that this Bid is made without prior understanding, Contract, connection, discussion, or collusion with any person, firm or corporation submitting a Bid for the same product or service; no officer, employee or agent of the City of South Daytona City Council or of any other Vendor interested in said ITB; and that the undersigned executed this Vendor's Acknowledgement with full knowledge and understanding of the matters therein contained and was duly authorized to do so. I further certify that having read and examined the specifications and documents for the designated services and understanding the general conditions for contract under which services will be performed, does hereby propose to furnish all labor, equipment, and material to provide the services set forth in the ITB. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 56 of 94 I hereby declare that the following listing states any clarifications, any and all variations from and exceptions to the requirements of the specifications and documents. The undersigned further declares that the "work" will be performed in strict accordance with such requirements and understands that any exceptions to the requirements of the specifications and documents may render the Bid non -responsive. ADDENDUM ACKNOWLEDGEMENT I have carefully examined the Invitation to Bid (ITB), Instructions to Vendors, General and/or Special Conditions, Specifications, and any other documents accompanying or made a part of this Invitation to Bid. I acknowledge receipt and incorporation of the following addenda, and the cost, if any, of such revisions has been included in the price of the bid proposal. Addendum Number: Date: Addendum Number: Date: Addendum Number: Date: Addendum Number: Date: Please note that the City may award contracts to multiple contractors. 1 The undersigned offers to furnish all materials, equipment and labor for construction of the 'BID NO. 23-B-005, Sewer Rehabilitation Services," for the City of South Daytona, Florida, complete in every respect in strict accordance with the drawings, specifications, exhibits, figures and any future changes therein. The bid price as outlined in Bid Form 81 is attached. IN WITNESS WHEREOF, Bidder has hereunto executed this form this day of 20 (Name of Bidding Firm) (Signature of person signing form) (Printed name and Title of person signing form) STATE OF COUNTY OF This document was sworn to (or affirmed) and subscribed before me by means of __ physical presence or online notarization, this _ day of . 20_, he/she is personally known to me or has presented as identification. Notary Public My Commission Expires: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 57 of 94 BID FORM 8C: Drug -Free Preference Statement IDENTICAL TIE BIDS - Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids, proposals, statements, or replies that are equal with respect to price, quality, and service are received by the city for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (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's 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 plea 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 Section 287.087, Florida Statutes. As an authorized representative of the firm, I certify that this firm complies fully with the above requirements. (Name of Bidding Firm) (Signature of person signing form) (Printed name and Title of person signing form) STATE OF COUNTY OF This document was sworn to (or affirmed) and subscribed before me by means of _ physical presence or _ online notarization, this _ day of . 20_, he/she is personally known to me or has presented as identification. Notary Public My Commission Expires: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 58 of 94 BID FORM 8D: Public Entity Crimes Statement (To be signed in the presence of notary public or other officer authorized to administer oaths.) Before me, the undersigned Authority, personally appeared affiant who, being by me first duly sworn, made the following statement: This sworn statement is submitted with Bid, Proposal or Contract No is its Federal Employer Identification Number (FEIN) is for This sworn statement is submitted by whose business address and (if applicable) entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: My name is (relationship such as sole proprietor, partner, president, vice president) and my relationship to the entity named above is (If the (1) I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. (2) I understand that "convicted" or "conviction" is defined by the Florida Statutes to mean 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, non -jury trial, or entry of a plea of guilt or nolo contendere. (3) I understand that "affiliate" is defined by the Florida Statutes to mean (1) a predecessor or successor of a person or a corporation 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, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. (4) I understand that a "person" as defined in Paragraph 287.133(i)(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, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. (5) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 59 of 94 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have 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 the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in 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, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order). As an authorized representative of the firm, I certify that this firm complies fully with the above requirements. (Name of Bidding Firm) (Signature of person signing form) (Printed name and Title of person signing form) STATE OF _ COUNTY OF This document was sworn to (or affirmed) and subscribed before me by means of _ physical presence or _ online notarization, this _ day of , 20_, he/she is personally known to me or has presented as identification. Notary Public My Commission Expires: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 60 of 94 BID FORM 8E: Anti -Collusion Statement By signing this form, the Proposer agrees that this Bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. SIGN in ink in the space provided below. Unsigned Bids will be considered incomplete, and will be disqualified, and rejected. IT IS AGREED BY THE UNDERSIGNED VENDOR THAT THE SIGNING AND DELIVERY OF THE BID REPRESENTS THE VENDORS ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FOREGOING SPECIFICATIONS, CONTRACT AND PROVISIONS, AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN THE VENDORS AND THE CITY OF SOUTH DAYTONA. (Signature of person signing form) (Printed name and Title of person signing form) Name of Bidder: Address: City/State/Zip: Phone Number: ( ) FAX Number: ( ) FEIN Number: NO Bid may be withdrawn for a period of ninety (90) days subsequent to the submittal of the Bids, without the consent of the City of South Daytona. NO BID (REASON): THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 61 of 94 BID FORM 8F: Statement of Vendor Qualifications The undersigned warrants that he or she is duly authorized to complete this document, and hereby affirms that the information contained in this Form is complete, true, and correct to the best of their knowledge and belief. If necessary, questions may be answered on separate paper and attached, with any additional information that may be pertinent. (1) Name of Vendor. (2) Permanent main office address. (3) Date organized. (4) If a corporation, where incorporated. (5) How many years have you been engaged in the contracting business under your present firm or trade name? (6) Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) (7) General character of work performed by your company. (8) Have you ever failed to complete any work awarded to you? If so, where and why? (9) Have you ever defaulted on a contract? If so, where and why? (10) List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed. (11) List your major equipment currently owned or leased. (12) Experience in work similar to this type of project. (13) Background and experience of the principal members of your organization, including the officers. (14) The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Statement of Vendor Qualifications. (Name of Bidding Firm) (Signature of person signing form) (Printed name and Title of person signing form) STATE OF _ COUNTY OF This document was sworn to (or affirmed) and subscribed before me by means of _ physical presence or _ online notarization, this day of , 20 he/she is personally known to me or has presented as identification. Notary Public My Commission Expires: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 62 of 94 BID FORM 8G: Professional References for Previous Experience The Vendor proposes that he/she is qualified to perform the referenced work and has successfully done so on recent projects similar in nature and size. The City reserves the right to check references and confirm information provided herein. Please provide three (3) current and correct references from clients for similar services. (Do not include the City of South Daytona) Reference 1: Company Name: City, State: Contact Person: Telephone Number. Email Address: Description of Goods or Services provided: ContractAmount: Start/End Date of Contract., Reference 2: Company Name: City, State: Contact Person: Telephone Number. Email Address: Description of Goods or Services provided: ContractAmount: Start/End Date of Contract., City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 63 of 94 Reference 3: Company Name: City, State: Contact Person: Telephone Number. Email Address: Description of Goods or Services provided: ContractAmount: Start/End Date of Contract., THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 64 of 94 BID FORM 811: Listing of Subcontractors The Vendor proposes that the following subcontractors are qualified to perform the referenced work and have successfully done so on recent projects similar in nature and size. All subcontractors whose work product accounts for 5% or more of the total contract value shall be listed. Upon approval of subcontractors listed, the successful Vendor shall not substitute subcontractors without approval from the City. Vendor shall attach additional sheets as necessary. Subcontractor 1: Name: City, State: Description of Work: Percent of Contract Previous Experience ❑ Yes Price: Together. ❑ No Subcontractor 2: Name: City, State: Description of Work: Percent of Contract Previous Experience ❑ Yes Price: Together. ❑ No Subcontractor 3: Name: City, State: Description of Work: Percent of Contract Previous Experience ❑ Yes Price: Together. ❑ No THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 65 of 94 BID FORM 81: Cured -in -Place Pipe Specs A. REOUIREMENTS 1. The Contractor shall provide necessary warranty and documentation of required experience per the Contract Bid Submittal Requirements and as specified herein. 2. The OWNER requires all Customers to be notified a minimum of 5 calendar days of any anticipated flow interruptions. It is the Contractor's responsibility to make said Customer notifications. 3. The CIPP shall be continuous, jointless and structurally sound liner from manhole to manhole. All existing and confirmed lateral connections shall be internally reinstated/reopened. The Contractor will be responsible for sealing all manhole wall and lateral reinstatement connections. 4. The OWNER will pay for installed materials only per the Contract Bid Tabulation Bid Item Unit Cost. 5. All work shall adhere to Occupational Health and Safety Administration (OSHA) standards, current edition. 6. Maintenance of Traffic shall adhere to FDOT Design Standards, Index 600, current edition. B. REFERENCE SPECIFICATIONS AND STANDARDS 1) This specification references the following American Society for Testing and Materials (ASTM) Standard Specifications, American Water Works Association (AWWA) Specifications and their reference standards, which are made a part hereof by such reference and shall be the latest edition and revision thereof. All work shall comply with the reference standards unless specifically stated otherwise in this Specification. a. ASTM D5813 - Standard Specification for Cured -in -Place Thermosetting Resin Sewer Pipe b. ASTM F1216 -Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin -Impregnated Tube c. ASTM F1743 - Standard Practice for Rehabilitation of Existing Pipelines and Conduits by Pulled -In -Place Installation of Cured -In -Place Thermosetting Resin Pipe d. ASTM D543 - Standard and Practice for Evaluating the Resistance of Plastics to Chemical Reagents e. ASTM D638 - Standard Test Method for Tensile Properties of Plastics f. ASTM D790 - Standard Test Methods for Flexural Properties of Un- reinforced and Reinforced Plastics and Electrical Insulating Materials g. ASTM D792 - Standard Test Methods for Density and Specific Gravity of Plastics by displacement h. ASTM F2019-03 - Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic (GRP) Cured -In - Place Thermosetting Resin Pipe (CIPP) i. ASTM D2122-98(2004) - Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 66 of 94 ASTM D2990 - Standard Test Methods for Tensile, Compressive, and Flexural Creep and Creep -Rupture of Plastics C. PERFORMANCE WORK STATEMENT (PWS) 1) The Contractor shall submit, to the OWNER, a Performance Work Statement (PWS) at the pre -construction meeting, which clearly defines the CIPP product delivery in conformance with the requirements of these contract documents. Unless otherwise directed by the OWNER, the PWS shall at a minimum contain the following: a. Clearly indicate that the CIPP will conform to the project requirements as outlined in the Description of Work and as delineated in these specifications. b. Where the scope of work is specifically delineated in the contract documents, a detailed installation plan describing all preparation work, cleaning operations, pre -video inspections, by-pass pumping, maintenance of traffic, installation procedure, method of curing, lateral reinstatement, quality control, testing to be performed, final video inspection, warrantees furnished and all else necessary and appropriate for a complete CIPP liner installation. A detailed installation schedule shall be prepared, submitted and conform to the requirements of this contract. c. Contractor's description of the proposed CIPP lining technology, including a detailed plan for identifying all existing lateral connections and maintaining all Customer sewer service during CIPP installation. d. A description of the CIPP materials to be furnished for the project. Materials shall be fully detailed in the submittals and conform to these specifications and/or shall conform to the pre -approved product submission. e. The name and experience of each lead individual performing work on this Contract shall be submitted with the PWS. f. Engineering design calculations, in accordance with the Appendix of ASTM F1216, for each length of liner to be installed including the thickness of each proposed CIPP. It will be acceptable for the Contractor to submit a design for the most severe line condition and apply that design to all of the line sections. These calculations shall be performed and certified by a qualified Professional Engineer. All calculations shall include data that conforms to the requirements of these specifications or has been pre -approved by the OWNER. g. Proposed manufacturers technology data shall be submitted for all CIPP products and all associated technologies to be furnished. h. A detailed description of the Contractor's proposed procedures for removal of roots/blockages in the pipe that may be encountered during the cleaning process. i. A detailed public notification plan shall be prepared and submitted including detailed staged notification to Customers affected by the CIPP installation. PART 2 — PRODUCTS A. MATERIALS City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 67 of 94 1) The CIPP System must meet the chemical resistance requirements of theses contract documents. All materials, shipped to the project site, shall be accompanied by test reports certifying that the material conforms to the ASTM standards listed herein. Materials shall be shipped, stored, and handled in accordance with the CIPP manufacturer's recommendations to avoid damage. Damage includes, but is not limited to, gouging, abrasion, flattening, cutting, puncturing, or ultra -violet (UV) degradation. On site storage locations, shall be approved by the OWNER. All damaged materials shall be promptly removed from the project site at the Contractor's expense and disposed of in accordance with all current applicable agency regulations. B. FABRIC TUBE 1) The fabric tube shall consist of one or more layers of absorbent non- woven felt fabric, felt/fiberglass or fiberglass and meet the requirements of ASTM F1216, ASTM F1743, ASTM D5813 & ASTM F2019. 2) The fabric tube shall be capable of absorbing and carrying resins, constructed to withstand installation pressures and curing temperatures and have sufficient strength to bridge missing pipe segments, and stretch to fit irregular pipe sections. The Contractor shall submit certified information from the felt manufacturer on the nominal void volume in the felt fabric that will be filled with resin. 3) The wet -out fabric tube shall have a uniform thickness and excess resin distribution that when compressed at installation pressures will meet or exceed the design thickness after cure. 4) The fabric tube shall be manufactured to a size and length that when installed will tightly fit the internal circumference, meeting applicable ASTM standards or better, of the original pipe. Allowance shall be made for circumferential stretching during installation. The tube shall be properly sized to the diameter of the existing pipe and the length to be rehabilitated and be able to stretch to fit irregular pipe sections and negotiate bends. The Contractor shall determine the minimum tube length necessary to effectively span the designated run between manholes. The Contractor shall verify the lengths in the field prior to ordering and prior to impregnation of the tube with resin, to ensure that the tube will have sufficient length to extend the entire length of the run. The Contractor shall also measure the inside diameter of the existing pipe in the field prior to ordering liner so that the liner can be installed in a tight -fitted condition. 5) The outside and/or inside layer of the fabric tube (before inversion/pull-in, as applicable) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate, if applicable, vacuum impregnation and monitoring of the resin saturation during the resin impregnation (wet -out) procedure. 6) No material shall be included in the fabric tube that may cause de -lamination in the cured CIPP. No dry or unsaturated layers shall be acceptable upon visual inspection as evident by color contrast between the felt fabric and the activated resin containing a colorant. 7) The wall color of the interior pipe surface of CIPP after installation shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. The hue of the color shall be dark enough to distinguish a contrast between the fully resin saturated felt fabric and dry or resin lean areas. 8) Seams in the fabric tube, if applicable, shall meet the requirements of ASTM D5813. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 68 of 94 9) The outside of the fabric tube shall be marked every 5 feet with the name of the CIPP manufacturer, manufacturing lot and production footage. 10) The minimum length of the fabric tube shall be that deemed necessary by the installer to effectively span the distance from the starting manhole to the terminating manhole or access point, plus that amount required to run-in and run -out for the installation process. 11) The nominal fabric tube wall thickness shall be constructed, as a minimum, to the nearest 0.5 min increment, rounded up from the design thickness for that section of installed CIPP. Wall thickness transitions, in 0.5 mm increments or greater as appropriate, may be fabricated into the fabric tube between installation entrance and exit access points. The quantity of resin used in the impregnation shall be sufficient to fill all of the felt voids for the nominal felt thickness. C. RESIN 1) The resin shall be a corrosion resistant polyester or vinyl ester resin and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F1216, ASTM F1743 or F2019, the physical properties herein, and those, which are to be utilized in the design of the CIPP for this project. The resin shall produce CIPP which will comply with or exceed the structural and chemical resistance requirements of this specification. 2) It is the desire of the OWNER that the CIPP liner adhere to the walls of the host pipe in as many locations as possible to reduce the likelihood of infiltration through the annular space between the host pipe and liner. 3) Therefore, the basis of design shall be 100% epoxy resin, or approved equal. Requests for consideration of equivalent resins other than 100% epoxy shall include a detailed comparison of the benefits & disadvantages (i.e. pros and cons) of the alternate resin system versus the basis of design 100% epoxy resin over the lifecycle of the product. D. STRUCTURAL REQUIREMENTS 1) The physical properties and characteristics of the finished liner will vary considerably, depending on the types and mixing proportions of the materials used, and the degree of cure executed. It shall be the responsibility of the Contractor to control these variables and to provide a CIPP system which meets or exceeds the minimum properties specified herein: a. The CIPP shall be designed as per ASTM standards. The structural properties of the CIPP design shall assume no benefit related to bonding to the original pipe wall. b. The design engineer shall set the long term (50 year extrapolated) Creep Retention Factor at 33% of the initial design flexural modulus as determined by ASTM D790 test method. This value shall be used unless the Contractor submits long term test data (ASTM D2990) to substantiate a higher retention factor. c. The CIPP material shall, at a minimum, meet or exceed the structural properties, as listed below: i. Flexural Strength (Short Term) 4,500 psi (ASTM D790) City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 69 of 94 ii. Flexural Modulus of Elasticity (Short Term) 250,000 psi (ASTM D790) iii. Method Cured Composite Per ASTM F1216 2) The required structural CIPP wall thickness shall be based, as a minimum, on the physical properties of the cured composite and per the design of the Professional Engineer and in accordance with the Design Equations contained in the appendix of the ASTM standards, and the following design parameters: a. Design Safety Factor - 2.0 (1.5 for pipes 36" or larger) b. Creep Retention Factor - 33% C. Ovality - 2% or as measured by field inspection d. Constrained Soil Modulus Per AASHTO LRFD Section 12 and AWWA Manual M45 e. Groundwater Depth - As specified or indicated on the Plans f. Soil Depth (above the crown) - As specified or indicated on the Plans g. Live Load - Highway, railroad or airport as applicable h. Soil Load (assumed) - 120 lb/cu. Ft. i. Minimum service life - 50 years 3) The Contractor shall submit, prior to installation of the lining materials, certification of compliance with these specifications and/or the requirements of the pre -approved CIPP system. Certified material test results shall be included that confirm that all materials conform to these specification and/or the pre -approved system. Materials not complying with these requirements will be rejected. E. PRODUCT SUBMITTALS 1) The Contractor shall submit the following information: a. Manufacturer's certification that the materials to be used meet the referenced standards and these specifications. b. License or certificate verifying Manufacturer's/Licensor's approval of the installer. c. Proposed equipment and procedures for accomplishing the work. d. Tube wet -out & cure method including: i. A complete description of the proposed wet -out procedure for the proposed technology. ii. The Manufacturer's recommended cure method for each diameter and thickness of CIPP liner to be installed. The PWS shall contain a detailed curing procedure detailing the curing medium and the method of application. iii. Design calculations for wall thickness designs to be completed by an Engineer proficient in the pipe design. PART 3 — CONSTRUCTION A. PREPARATION AND CLEANING 1) Contractor shall perform pre -video inspection of the pipe to be lined. The Contractor shall provide the OWNER a copy of the video in digital format for review and approval. 2) The pre -video shall be after the pipe is cleaned. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 70 of 94 3) The Contractor is responsible to clear the pipe of obstructions that will interfere with the installation and long-term performance of the CIPP. 5) If the pre -video inspection reveals an obstruction, misalignment, broken or collapsed section or sag that was not identified as part of the original scope of work and will prohibit proper installation of the CIPP, the Contractor may be directed by the OWNER to correct the problem(s) prior to lining by utilizing open cut repair methods. The Contractor shall be compensated for this work under a Contract Bid Item. 6) The Contractor shall be responsible for confirming the locations of all lateral connections prior to installing and curing the CIPP. 7) In the event the status of a lateral connection cannot be adequately defined, the OWNER will make the final decision, prior to installation and curing of the liner, as to the status. 8) The Contractor may, under the direction of the OWNER, utilize any of the existing manholes in the project area as installation access points. If a road closure or detour is required due to the location of the gravity sanitary sewer, Contractor must obtain permission from the OWNER and maintenance authority of the road (e.g. City of Edgewater, County of Volusia, Florida Department of Transportation). 9) The Contractor shall remove all internal debris from the pipe that will interfere with the installation and the final product delivery of the CIPP as required in these specifications. Solid debris and deposits shall be removed from the system and disposed of properly by the Contractor. The Contractor shall dispose of all debris at no additional charge to the OWNER. .Moving material from manhole section to manhole section shall not be allowed. As applicable, the Contractor shall either plug or install a by-pass pumping system to properly clean the pipe. Precaution shall be taken by the Contractor in the use of cleaning equipment to avoid damage to the existing pipe. The repair of any damage, caused by the cleaning equipment, shall be the responsibility of the Contractor. 10) The liquid portion of the any vacuumed material may be carefully decanted and returned to the OWNER's sanitary collection system at a location designated by the OWNER and only under direct supervision of OWNER's staff. Contractor shall coordinate such decanting operations subject to the availability and convenience of OWNER's staff. Contractor shall retain the solid portion, including any grease, grit, and gross solids, and any liquid in which such solids are entrained for disposal at a properly permitted facility. This allowance for decanting into OWNER's collection system requires continued good faith on the Contractor's part and may be limited or wholly rescinded at any time should OWNER observe or suspect that Contractor is not practicing due care in the adherence to these limitations. 11) The Contractor is responsible for construction water. The OWNER can supply the Contractor with a Temporary Construction Water Meter (with proper backflow prevention) provided an account is applied and paid for by the Contractor with the OWNER's Billing Department. B. BY-PASS PUMPING PART 1 — GENERAL City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 71 of 94 1.01 DESCRIPTION OF WORK A. The work covered by this section consists of providing all labor, equipment, material, and supplies and performing all operations required to bypass pump sewage around a manhole or sewer section in which work is to be performed. The Contractor shall be prepared to bypass pump sewage as part of his operations. The Contractor shall provide all pumps, piping and other equipment necessary to accomplish bypass pumping; perform all construction; obtain all permits; pay all costs; and perform complete restoration of all existing facilities to conditions equal or better than existed prior to construction and to the satisfaction of the Engineer. All costs to accomplish bypass pumping, at the required volume, and all associated work including restoration, shall be considered incidental to the work and no additional compensation will be allowed. 1.02 GENERAL A. When the depth of flow in the sewer line being televised or repaired is above the maximum allowable for the proposed work, then the Contractor shall reduce the flow to the level shown below by manual operation of pump stations, plugging or blocking of the flow or by pumping and bypassing of the flow as acceptable to the Engineer. For manual operation of pump stations, the Contractor shall coordinate such operations with the appropriate City personnel. Plugging or blocking of the flow shall only be allowed when the Contractor can demonstrate that the upstream gravity collection system can accommodate the surcharging without any adverse impact. B. The depth of flow in the sewer line being televised or repaired shall not exceed that shown for the respective pipe sizes and for the operations indicated. C. Initial Television Inspection. For the initial television inspection, the sewer line shall be blocked completely. No flow, except infiltration, will be allowed through the sewer line. D. Television Inspection Before and After Lining Installation. For the television inspection before and after lining installation the sewer line shall be blocked completely. No flow, except infiltration before lining, will be allowed through the sewer line. E. Other Television Inspection, including Warranty. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 72 of 94 Pipe Size Maximum Depth of Flow 6" — 10" Pipe 20 Percent (20%) of Pipe Diameter 12" — 24" Pipe 25 Percent (25%) of Pipe Diameter Above 24" Pipe 30 Percent (30%) of Pipe Diameter F. Television Inspection After Joint Testing/Sealing. For the television inspection after joint testing/sealing the sewer line shall be blocked completely. No flow will be allowed through the sewer line. G. Joint Testing/Sealing Pipe Size Maximum Depth of Flow 6" — 10" Pipe 20 Percent (20%) of Pipe Diameter 12" — 24" Pipe 30 Percent (30%) of Pipe Diameter Above 24" Pipe 35 Percent (35%) of Pipe Diameter H. Pipe Lining Installation. For the pipe lining installation, the sewer line shall be blocked completely. No flow, except infiltration, will be allowed through the sewer line. L Manhole Repairs. For manhole repairs, the flow through the manhole shall be controlled or blocked completely, as required, to properly complete the repairs as specified. 1.03 SUBMITTALS The Contractor shall submit a written plan describing his means and methods for flow control and bypass pumping to the Engineer for review. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 PLUGGING AND BLOCKING A. A sewer line plug shall be inserted into the line upstream of the section being televised or repaired. The plug shall be so designed that all or any portion of the upstream flow can be released. During the television inspections and repair operations the flow through the line City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 73 of 94 being worked shall be reduced to within the maximum limits stated above. After the work has been completed, the flow shall be restored to normal. 3.02 PUMPING AND BYPASSING A. When pumping and bypass pumping is required, as determined by the Engineer, the Contractor shall supply all necessary pumps, conduits, and other equipment to divert the flow around manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flow plus additional flow that may occur during rainstorm events. The Contractor will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. Pumps and equipment shall be continuously monitored by the Contractor during the periods that pumping and bypassing are required. If pumping is required on a 24-hour basis, engine shall be equipped in a manner to keep noise to a minimum. 3.03 FLOW CONTROL PRECAUTIONS A. When flow in a sewer line is plugged, blocked or bypassed by the Contractor, he shall take sufficient precautions to protect the public health and to protect the sewer lines from damage that might result from sewer surcharging, Further, the Contractor shall take precautions to insure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved and he shall be responsible for any damage resulting from his flow control operations. B. When flow in a sewer line is plugged or blocked by the Contractor, he shall monitor the conditions upstream of the plug and shall be prepared to immediately start bypass pumping, if needed. Any liquid or solid matter which is bypass pumped from the sewer collection system shall be discharged to another sewer manhole or appropriate vehicle or container only. No such liquid or solid matter shall be allowed to be discharged, stored, or deposited on the ground, swale, road, stormwater drainage system or open environment. The Contractor shall protect all pumps, conduit and other equipment used for bypass pumping from traffic. C. Should the liquid or solid matter from the sewer collection system be spilled, discharged, leaked, or otherwise deposited to the open environment as a result of the Contractor's flow control operations, he shall be responsible for all cleanup and disinfection of the affected City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 74 of 94 area and all costs associated with same. The Contractor shall also be responsible for notifying the sewer system operating personnel and appropriate regulatory agencies and performing all required cleanup operations at no additional cost to the Owner. C. INSTALLATION OF LINER 1) Neither the CIPP system, nor its installation, shall cause adverse effects to any of the OWNER's processes or facilities. The use of the product shall not result in the formation or production of any detrimental compounds or by-products at the wastewater treatment plant. The Contractor shall notify the OWNER and identify any by-products produced as a result of the installation operations, test and monitor the levels, and comply with any and all local waste discharge requirements. 2) The CIPP liner shall be installed and fully cured prior to installation of a Manhole Liner. 3) The Contractor shall clean-up, restore existing surface conditions and structures, and repair any of the CIPP system determined to be defective. The Contractor shall conduct installation operations and schedule clean-up in a manner to cause the least possible obstruction and inconvenience to Customers, traffic, pedestrians, businesses, etc. 4) The CIPP liner shall be installed and cured in the host pipe in accordance with the CIPP manufacturer's recommendations as described and submitted in the PWS. 5) The CIPP liner shall be constructed of materials and methods, that when installed, shall provide a continuous, jointless and structurally sound liner from manhole to manhole able to withstand all imposed static and/or dynamic loads, and free of all defects that will affect the long term life and operation of the pipe. 6) CIPP installation shall be in accordance with the applicable ASTM standards with the following modification: a. The wet -out tube shall be positioned in the pipe using the method specified by the manufacturer. Care should be exercised not to damage the tube as a result of installation. The tube should be pulled -in or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. 7) Prior to installation, and in accordance with the CIPP manufacturer's recommendations, remote temperature gauges or sensors shall be placed inside the host pipe to monitor the temperatures during the cure cycle. Liner and/or host pipe interface temperature shall be monitored and logged during curing of the liner. 8) Curing shall be accomplished by utilizing the appropriate medium in accordance with the CIPP manufacturer's recommended cure schedule. The curing source or in and output temperatures shall be monitored and logged during the cure cycles. The CIPP manufacturer's recommended cure schedule shall be used for each line segment installed, and the liner wall thickness and the existing ground conditions with regard to temperature, moisture level, and thermal conductivity of soil, per ASTM as applicable, shall be taken into account by the Contractor. 9) The CIPP liner shall not be installed through a manhole. Each liner shall begin and end at a manhole. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 75 of 94 D. COOL DOWN 1) The Contractor shall cool the liner in accordance with the CIPP manufacturer's recommendations as described and outlined in the PWS. 2) Temperatures and curing data shall be monitored and recorded, by the Contractor, throughout the installation process to ensure that each phase of the process is achieved as approved in accordance with the CIPP manufacturer's recommendations. E. FINISH 1) The installed CIPP shall be continuous over the entire length of a pipe section and be free from visual defects such as foreign inclusions, dry spots, pinholes, major wrinkles and delamination. The lining shall be impervious and free of any leakage from the pipe to the surrounding ground or from the ground to inside the lined pipe. 2) Any defect, which will or could affect the structural integrity or strength of the linings, shall be repaired at the Contractor's expense, in accordance with the procedures submitted under Part 3, G. CIPP Repair/Replacement. 3) The beginning and end of the CIPP shall be sealed to the existing host pipe. The sealing material shall be compatible with the pipe end and shall provide a watertight seal. 4) The connection at the host pipe interface with all service laterals shall be sealed to provide a water tight seal. The sealing material shall be compatible with the pipe end and shall provide a watertight seal. 3) If the wall of the CIPP leaks, it shall be repaired or removed and replaced with a watertight liner in accordance with the CIPP manufacturer's recommendations. F. MANHOLE AND LATERAL CONNECTIONS 1) A seal, consisting of a resin mixture or hydrophilic seal compatible with the installed CIPP shall be applied at manhole walls and at all lateral connections in accordance with the CIPP manufacturer's recommendations. 2) The maximum a lateral can be plugged is 8 hours. Lateral connections may not remain plugged overnight. 3) Laterals shall be internally reinstated unless indicated otherwise in the contract documents. 4) Lateral reinstatement shall be made after the CIPP has been installed, fully cured, and cooled down. It is the Contractor's responsibility to make sure that all lateral connections are reinstated. 5) All existing and confirmed lateral connections shall be internally reinstated/re-opened to their original shape and capacity (minimum 95%) using a CCTV camera and remote cutting tool. Lateral connections shall not be cut more than 100% of the original shape or capacity. 6) In the event that lateral reinstatements result in openings that are greater than 100% of the original opening, the Contractor shall install a CIPP type repair, sufficiently in size, to repair the over -cut lateral opening, at no additional charge to the OWNER. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 76 of 94 7) The edges of the opening shall not have pipe fragments or liner fragments, which may obstruct flow or snag debris. All over -cut lateral connections will be properly repaired to meet the requirements of these specifications. 8) Pipe coupons resulting from lateral reinstatements shall be collected at the downstream manhole prior to leaving the site. At no time shall coupons be left in the gravity sanitary sewer system. G. CIPP REPAIR/REPLACEMENT 1) Occasionally installation will result in the need to repair or replace a defective CIPP. The Contractor shall outline specific repair or replacement procedures for potential defects that may occur in the installed CIPP. Repair/replacement procedures shall be accordance with the CIPP manufacturer's recommendations and shall be submitted as part of the PWS. 2) Defects in the installed CIPP that will not affect the operation and long term life of the product shall be identified and defined. 3) Repairable defects that may occur in the installed CIPP shall be specifically defined by the Contractor based on manufacturer's recommendations, including a detailed step-by-step repair procedure, resulting in a finished product meeting the requirements of these contract specifications. 4) Un-repairable defects that may occur to the CIPP shall be clearly defined by the Contractor based on the manufacturer's recommendations, including a recommended procedure for the removal and replacement of the CIPP. PART 4 — FINAL COMPLETION A. TESTING 1) The Contractor shall have an independent testing lab analyze finished liner regarding the ASTM standards for Tensile Properties, Flexural Modulus, Chemical Resistance and wall thickness (or as specified by the OWNER). Samples shall be taken from manhole cutoffs and lateral coupons. 2) A minimum of 1 sample shall be taken of the first segment installed at each location specified in the Contract Bid Documents. 3) A minimum of 2 samples shall be taken for each 2,500 linear feet of liner installed or for each manufacturing lot. 4) The laboratory results shall identify the test sample location as referenced to the nearest manhole and station. 5) If properties tested do not meet minimum requirements, the liner shall be repaired or replaced by the Contractor, at no cost to the OWNER. 6) The installed liner thickness shall be measured for each line section installed. If the liner thickness does not meet these specifications then the liner shall be repaired or removed by the Contractor at no cost to the OWNER. The liner thickness shall have tolerance of minus 5% plus 50%. The Contractor may use industry proven, non- destructive methods for confirming the thickness of the installed liner. City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 77 of 94 7) The Contractor shall furnish removable sizing sleeves, when possible, to collect liner samples, which accurately replicate the hose pipe diameter. 8) All liner testing and repairs to the installed CIPP shall be completed before Final Completion and Final Payment to the Contractor. B. INSPECTIONS 1) Contractor shall perform a post -video inspection of the lined pipe. The Contractor shall provide the OWNER a copy of the video in digital format for review and approval. 2) Immediately prior to conducting the post -video, the Contractor shall thoroughly clean the newly installed liner removing all debris and buildup that may have accumulated. 3) The post -video shall be after the installation of the CIPP and all laterals are reinstated. 4) The post -video will visual inspect the finished liner as follows: a. Shall be continuous over the entire length of the installation and shall be free of significant visual defects, damage, deflection, holes, leaks and other defects. a. Shall maintain the overall hydraulic capacity of the original pipe diameter. In those cases where full capacity cannot be achieved after liner installation, the Contractor shall submit a request to waive this requirement, together with the reasons for the waiver request. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. 2) The post -video shall be submitted to the OWNER within ten (10) working days of the liner installation. The data shall note the inspection date, location of all reconnected side sewers, debris, as well as any other defects in the liner, including, but not limited to, gouges, cracks, bumps, or bulges. 3) If post installation inspection documentation is not submitted within Ten (10) working days of the liner installation, the OWNER may at its discretion suspend any further installation of CIPP until the post -installation documentation is submitted. As a result of this suspension, no additional working days will be added to the contract, nor will any adjustment be made for increase in cost. 4) Bypass pumping or plugging from the upstream manhole shall be utilized to minimize sewer from entering the pipe during the post -video inspection. In the case of bellies in the line, the pipe shall be cleared of any standing water to provide continuous visibility during the inspection. 5) Where leakage is observed through the wall of the pipe, the Contractor shall institute additional testing including but not limited to air testing, localized testing and any other testing that will verify the leak -proof integrity of the installed liner to the satisfaction of the OWNER. C. AS-BUILTS 1) As -Built drawings/reports and pre & post inspection videos shall be submitted to the OWNER for review and approval for Final Completion contract date. As -Built City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 78 of 94 drawings will include the identification of the work completed by the Contractor and shall be prepared on one set of Contract Drawings provide to the Contractor at the onset of the project. 2) As -Built drawings shall be kept on the project site at all times, shall include all necessary information as outlined in the PWS or as agreed to by the OWNER and the Contractor at the start of the Contract and shall be updated as the work is being completed, and shall be clearly legible. D. WARRANTY 1) The Contractor shall provide necessary warranty and documentation of required experience per the Contract Bid Submittal Requirements and as specified herein. 2) The CIPP manufacturer shall warrant the liner to be free from defects in raw materials for a minimum of one (1) year, or as specified in the Contract Bid Submittal Requirements, from the date of installation and Final Completion by the OWNER. 3) The Contractor shall warrant the CIPP installation for a minimum of one (1) year, or as specified in the Contract Bid Submittal Requirements, from the date of installation and Final Completion by the OWNER. 4) During the CIPP manufacturer and Contractor warranty period, any defect found that may materially affect the integrity, strength, function and/or operation of the pipe shall be repaired at the Contractor's expense in accordance with procedures included in Part 3, G. CIPP Repair/Replacement at no cost to the OWNER. 5) The OWNER may inspect all or portions of the lined pipe during the warranty period and if found that any of the liners have developed abnormalities since the time of Final Completion, the abnormalities shall be repaired and/or replaced as defined in Part 3, G. CIPP Repair/Replacement at no cost to the OWNER. END OF SECTION City of South Daytona, BID NO.23-B-005, Sewer Rehabilitation Services, Page 79 of 94 BID FORM 8J: Bid Fees Item Description Unit Unit Price Day Rate: Multiple Locations EA $ Traffic Control/ MOT, Equipment Set-up and Monitoring Mobilization Per Vehicle EA $ Sanitary Sewer Manhole & Pipe Preparation/ Plug, Preclean and Video Vac Truck, Pre Clean Sanitary Sewer LF $ CCTV/Video, Pre Video Sanitary Sewer LF $ Sanitary Sewer CIPP Installation CIPP Liner Equipment Site SET -up Per Run EA $ Sanitary Sewer CIPP 4.5 mm Liner Thickness (used in 2 -14ft manhole depths) Minimum Footage 6" Diameter LF $ 8" Diameter LF $ 10" Diameter LF $ 12" Diameter LF $ 16" Diameter LF $ 18" Diameter LF $ 24" Diameter LF $ Sanitary Sewer CIPP 6 mm Liner Thickness (used in 14-25 ft manhole depths or where more structural integrity is needed) Minimum Footage 6" Diameter LF $ 8" Diameter LF $ 10" Diameter LF $ 12" Diameter LF $ 16" Diameter LF $ 18" Diameter LF $ 24" Diameter LF $ Sanitary Sewer CIPP Reinstatement Mainline Lateral Reinstatement EA $ Mainline Invert Reinstatement EA $ Sanitary Sewer CIPP Installation Post Video CCTV/Video, Post Video LF $ Additional Services Plugging Mainline 6"-10" Day $ Plugging Mainline 12"-16" Day $ Plugging Mainline 18"-24" Day $ Manhole Bypass Pumping 6"-10" Flow Day $ Manhole Bypass Pumping 12"-16" Flow Day $ Manhole Bypass Pumping 18"-24" Flow Day $ Mainline Hammer Tap/ Extended Lateral Removal EA $ Root Intrustion Removal HRLY $ Chemical Grout Repairs 6"-10" ❑❑ $ Chemical Grout Repairs 12"-16" ❑❑ $ Chemical Grout Repairs 18"-24" ❑❑ $ Additional Video and Reports EA $ City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 80 of 94 Once awarded, the applicant will enter an Agreement similar to the one below: STANDARD AGREEMENT FOR SERVICES THIS Standard Agreement for Services (hereinafter this "Agreement") is made and entered into this day of 20_, by and between the CITY OF SOUTH DAYTONA, a Florida municipality, whose principal address is 1672 S. Ridgewood Avenue, South Daytona, Florida 32119 (hereinafter the "CITY") and , a corporation, whose principal address (hereinafter "CONTRACTOR"). The CITY and CONTRACTOR are collectively referred to herein as the "PARTIES." 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 South Daytona; and WHEREAS, the CITY has the full power and authority to enter into the transactions contemplated by this Agreement; and WHEREAS, CONTRACTOR is in the business of providing the equipment, materials, labor and other such service as identified in Exhibit "A" in the City of South Daytona and elsewhere in the State of Florida; and WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which CONTRACTOR operates; and WHEREAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies with regard to the use of the E-Verify system by their contractors and subcontractors. WHEREAS, CONTRACTOR was the successful bidder of a project competitively bid and identified as Invitation to Bid (Exhibit "A") for City of South Daytona which satisfies the CITY's Procurement Policy; and WHEREAS, CONTRACTOR agrees to provide such goods and services as more particularly described in this Agreement, as well as in any bid or quotation documents issued in connection with this project. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct, constitute a material inducement to the parties to enter into this Agreement, and are hereby ratified and made a part of this Agreement. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 81 of 94 2. Description of Work. a. The CITY hereby retains CONTRACTOR to furnish goods and services as described in the Scope of Services, which is attached hereto as Exhibit "A" and incorporated herein by reference. Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in Exhibit "A" will be resolved in favor of the body of this Agreement. b. CONTRACTOR must provide all permits, labor, materials, equipment, and supervision necessary for the completion of the Scope of Services, unless specifically excluded. C. CONTRACTOR must also comply with, and abide by, all requirements as contained in any invitation to bid (ITB), request for proposals (RFP), request for qualifications (RFQ), bid specifications, engineering plans, shop drawings, material lists, or other similar documents issued for this project by the CITY, together with any addenda, hereinafter the "Bid Documents, as applicable." The Bid Documents, if applicable, are hereby incorporated into this Agreement by reference and are declared to be material part of this Agreement. 3. Provision of Services a. Scope: The CONTRACTOR hereby agrees to provide the proposed scope as identified in Exhibit "A." b. Manner and Place: The work shall be performed as outlined in Exhibit "A," in accordance with Standard Construction Details as required and in a manner as required by all current federal, state, county, fire, building, and land development codes, laws, ordinances and regulations, and with applicable permits and licenses per the City Code of Ordinance. Contractors shall not deliver goods or services without a written Purchase Order(s) or Notice to Proceed(s), signed by an authorized agent of the CITY. C. Time and Essence: CONTRACTOR acknowledges that time is of the essence for this Agreement. d. Authorization for Services: This Agreement standing alone does not authorize the purchase of any work or services or require the CITY to place any orders for work or service. Authorization for performance of services by the CONTRACTOR under this agreement shall be in the form of a written Notice to Proceed issued and executed by the CITY. The CITY reserves the right to contract with other parties for work and services contemplated by this Agreement, as determined in the CITY's sole and absolute discretion. e. Liquidated Damages: CONTRACTOR is responsible for commencing work under this Agreement within days upon receipt of the Notice of Award and must substantially complete the work not later than calendar days thereafter, and to fully complete the work within calendar days. The CONTRACTOR shall not be entitled to any damages on account of hindrances or delays in construction from any cause whatsoever. This paragraph shall include but not be limited to any actions which result in delays in scheduling, substantial changes in City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 82 of 94 scope of work, or substantial increases in the costs of performing the work under this Agreement. Liquidated damages will be assessed against Vendor in the amount of $500.00 per day, for each day after each milestone that the work contemplated is incomplete. 4. Term. a. This Agreement shall be for an initial Term of t The term of the contract shall be three (3) years, with the option for an additional two (2) two-year renewal periods, thereafter unless either party notifies the other party of intent not to renew, with such notice being given not less than sixty (60) days prior to the end of any annual term, or unless otherwise terminated as provided herein. 5. Payment. a. The CITY agrees to compensate CONTRACTOR, for work actually performed under this Agreement, at the rate or basis described in Exhibit "A", which is attached hereto and incorporated herein by reference. CONTRACTOR must perform all work required by the Scope of Services, but in no event will CONTRACTOR be paid more than the negotiated amount set forth in Exhibit "A". b. Progress payments, if any, will be made as set forth in Exhibit "A". C. The CITY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR must, without additional compensation, correct and revise any errors, omissions, or other deficiencies in its work product, services, or materials arising from the error or omission or negligent act of CONTRACTOR. 6. Acceptance of work product, payment, and warranty. a. Upon receipt of a periodic work product, or notice that work has progressed to a point of payment in accordance with Exhibit "A" attached or the Bid Documents, if any, together with an invoice sufficiently itemized to permit audit, the CITY will diligently review those documents. When it finds the work acceptable under this Agreement the installment payment, found to be due to CONTRACTOR, will be paid to CONTRACTOR within thirty (30) days after the date of receipt of the invoice, unless another payment schedule is provided in Exhibit "A". CONTRACTOR warrants that the data utilized by CONTRACTOR (other than as provided by the CITY) is from a source, and collected using methodologies, which are generally recognized in CONTRACTOR's industry or profession to be a reliable basis and foundation for CONTRACTOR's work product. CONTRACTOR must notify the CITY in writing if it appears, in CONTRACTOR's professional judgement that the data or information provided by the CITY for use in CONTRACTOR's work product is incomplete, defective, or unreliable. CONTRACTOR guarantees to amend, revise, or correct to the satisfaction of the CITY any error appearing in the work as a result of CONTRACTOR's failure to comply with the warranties and representations contained herein. Neither inspection nor payment, including final payment, by the CITY will relieve CONTRACTOR from its obligations to do and complete the work product in accordance with this Agreement. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 83 of 94 7. Termination. a. Termination at Will: This Agreement may be terminated by the CITY in whole or in part at any time without cause by the CITY giving written notice to CONTRACTOR not less than 30 days prior to the date of termination; provided, however, that in such event, neither party will be relieved from its rights or obligations of this Agreement through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. b. Termination for Cause: This Agreement may be terminated by either party for cause by the CITY or CONTRACTOR giving written notice to the other party not less than 10 days prior to the date of termination; provided, however, that in such event, neither party will be relieved from its rights or obligations of this Agreement through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. 8. Project management. a. The Project Managers for this project are as follows. Any subsequent changes to the Project Manager for either party may be provided by notice as described in paragraph 8 below and does not require an amendment to this Agreement. b. CITY's Project Manager is: Steve Danskine, Public Works Director, 1770 Segrave Street, South Daytona, Florida 32119, sdanskinePsouthdaytona.org, 386-322- 3080. C. CONTRACTOR's Project Manager is: [...]. 9. Notices. All notices to the parties under this Agreement must be in writing and sent certified mail to: a. To CITY: The City of South Daytona, Attention: City Manager, 1672 Ridgewood Avenue, South Daytona, Florida 32119; b. To CONTRACTOR: , Attention: [insert street address], [insert city, state, zip]. 10. Insurance. a. CONTRACTOR must maintain such insurance as will fully protect both CONTRACTOR and the CITY from any and all claims under any Workers Compensation Act or Employers Liability Laws, and from any and all other claims of whatsoever kind or nature to the damage or property, or for personal injury, including death, made by anyone whomsoever, that may arise from operations carried on under this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 84 of 94 b. The insurance coverage required by this Agreement must not be less than the amounts described in the Bid Documents. If the Bid Documents do not state an insurance requirement or the amount of insurance, then the amount of insurance required by this Agreement must not be less than: i. Workers' Compensation (unless exempt) with Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease; ii. Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project in the amount of $600,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at $100,000.00; iii. Commercial Automobile Liability Insurance with a limit of not less than $300,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos) and such policy shall be endorsed to provide contractual liability coverage; and iv. Fire damage liability shall be included at $300,000.00. C. CONTRACTOR must furnish the CITY with Certificates of Insurance, which are to be signed by a person authorized by that insurer to bind coverage on its behalf. The CITY is to be specifically included as an additional insured and loss payee on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate must be issued 30 days prior to the expiration date. The policy must provide a 30 day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the CITY before commencement of any work activities. d. The insurance coverages procured by CONTRACTOR as required herein will be considered as primary insurance over and above any other insurance, or self- insurance, available to CONTRACTOR, and any other insurance, or self-insurance available to CONTRACTOR will be considered secondary to, or in excess of, the insurance coverage(s) procured by CONTRACTOR as required herein. 11. General Provisions. CONTRACTOR must comply with the following general provisions: a. Bond. If a surety bond has been required by the Bid Documents for CONTRACTOR's faithful performance and payment, and if at any time the surety is no longer acceptable to the CITY, CONTRACTOR must, at its expense, within five City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 85 of 94 (5) days after the receipt of notice from the CITY to do so, furnish an additional bond or bonds in such form and with such Surety or Sureties as are satisfactory to the CITY. The CITY will not make any further payment to CONTRACTOR, nor will any further payment be deemed to be due to CONTRACTOR, until such new or additional security for the faithful performance of the work is furnished in a manner and form satisfactory to the CITY. b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. C. Personal nature of Agreement; Assignment. i. The parties acknowledge that the CITY places great reliance and emphasis upon the knowledge, expertise, training, and personal abilities of CONTRACTOR. Accordingly, this Agreement is personal and CONTRACTOR is prohibited from assigning or delegating any rights or duties hereunder without the specific written consent of the CITY. ii. If CONTRACTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, CONTRACTOR must obtain the written approval of the CITY Project Manager prior to engaging such subcontractor or professional associate. CONTRACTOR will remain fully responsible for the services of any subcontractors or professional associates. d. Discrimination. i. CONTRACTOR shall not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall not exclude any person, on the grounds of age, ethnicity, race, religious belief, disability, national origin, or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement. ii. CONTRACTOR shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. e. Independent contractor. i. CONTRACTOR is, and will be deemed to be, an independent contractor and not a servant, employee, joint adventurer, or partner of the CITY. None of CONTRACTOR's agents, employees, or servants are, or will be deemed to be, the agent, employee, or servant of the CITY. None of the benefits, if any, provided by the CITY to its employees, including but not limited to, City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 86 of 94 compensation insurance and unemployment insurance, are available from the CITY to the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Agreement. Although CONTRACTOR is an independent contractor, the work contemplated herein must meet the approval of the CITY and is subject to the CITY's general right of inspection to secure the satisfactory completion thereof. CONTRACTOR must comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to CONTRACTOR, or to CONTRACTOR's business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The CITY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of CONTRACTOR. ii. CONTRACTOR will bear all losses resulting to it on account of the amount or character of the work, or because of bad weather, or because of errors or omissions in its contract price. iii. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize, the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR and any subcontractors during the Term of this Agreement. f. Indemnification. i. CONTRACTOR must indemnify and hold the CITY harmless against and from any and all claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses, including attorney's fees and court costs, incurred by the CITY, or its agents, officers, or employees, arising directly or indirectly from CONTRACTOR's performance under this Agreement or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses arising out of any accident, casualty, or other occurrence causing injury to any person or property. This includes persons employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR must further indemnify the CITY against any claim that any product purchased or licensed by the CITY from CONTRACTOR under this Agreement infringes a United States patent, trademark, or copyright. CONTRACTOR acknowledges that CONTRACTOR has received consideration for this indemnification, and any other indemnification of the CITY by CONTRACTOR provided for within the Bid Documents, the sufficiency of such consideration being acknowledged by CONTRACTOR, by CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation will not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance, whether such insurance is in connection with this Agreement or otherwise. Such indemnification is in addition to any and all City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 87 of 94 other legal remedies available to the CITY and not considered to be the CITY's exclusive remedy. ii. In the event that any claim in writing is asserted by a third party which may entitle the CITY to indemnification, the CITY must give notice thereof to CONTRACTOR, which notice must be accompanied by a copy of statement of the claim. Following the notice, CONTRACTOR has the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If CONTRACTOR does not timely defend, contest, or otherwise protect against any suit, action or other proceeding arising from such claim, or in the event the CITY decides to participate in the proceeding or defense, the CITY will have the right to defend, contest, or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to CONTRACTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto must cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. iii. The indemnification provisions of this paragraph will survive the termination of this Agreement. g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the CITY's liability beyond that provided in section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by the CITY to be sued by third parties in any matter arising out of this Agreement. h. Public records. i. CONTRACTOR is a "Contractor" as defined by Section 119.0701(1)(a), Florida Statutes, and must comply with the public records provisions of Chapter 119, Florida Statutes, including the following: 1. Keep and maintain public records required by the CITY to perform the service. 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the Agreement if CONTRACTOR does not transfer the records to the CITY. 4. Upon completion of this Agreement, transfer, at no cost, to the CITY all public records in possession of CONTRACTOR or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 88 of 94 completion of this Agreement, CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of this Agreement, CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. ii. "Public records" is defined in Section 119.011(12), Florida Statutes, as may, from time to time, be amended. iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119 and related law, CONTRACTOR will have the burden of establishing such exemption, by way of injunctive or other relief as provided by law. iv. CONTRACTOR consents to the CITY's enforcement of CONTRACTOR's Chapter 119 requirements, by all legal means, including, but not limited to, a mandatory injunction, whereupon CONTRACTOR must pay all court costs and reasonable attorney's fees incurred by CITY. V. CONTRACTOR's failure to provide public records within a reasonable time maybe subject to penalties under Section 119.10, Florida Statutes. Further, such failure by CONTRACTOR will be grounds for immediate unilateral cancellation of this Agreement by the CITY. vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, DEPUTY CITY CLERK BECKY WITTE, AT 386-322-3011; BWITTE@SOUTHDAYTONA.ORG; MAILING ADDRESS: 1672 RIDGEWOOD AVE., SOUTH DAYTONA, FL 32119. Federal or State Funding. If any portion of the funding for this Agreement is derived from the State of Florida, or any department of the State of Florida, or from federal funding through the State of Florida, the provisions of this sub -paragraph shall apply, provisions elsewhere in this Agreement to the contrary notwithstanding. CONTRACTOR shall make inquiry from the CITY's Project Manager to determine whether Federal or State funding is applicable to this Agreement. i. E-Verify. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize, the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR during the Term of this Agreement. ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and its subcontractors are not agents or employees of the Federal Government, City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 89 of 94 of the State of Florida, or of any department of the Federal Government or the State of Florida. iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless the CITY, the Federal Government, the State of Florida, any department of the Federal Government or the State of Florida, and all officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the CITY's sovereign immunity. iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, CONTRACTOR must ensure that the subcontractors) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), CONTRACTOR must ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. CONTRACTOR must ensure that any equipment rental agreements that include operators or other personnel who are employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. V. Liability Insurance. Contractor shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. CONTRACTOR shall cause the State of Florida to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shared with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. CONTRACTOR shall pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 90 of 94 Retention. At all renewal periods which occur prior to final acceptance of the work, the CITY and the State of Florida shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The CITY and the State of Florida shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The CITY's or the State of Florida's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the CITY or the State of Florida may have. vi. Inspections. CONTRACTOR shall permit, and require its subcontractors to permit, the CITY's and the State of Florida's authorized representatives to inspect all work, materials, payrolls, and records, to audit the books, records, and accounts pertaining to the financing and development of the Services described in the Contract Documents. vii. Auditor General Cooperation. CONTRACTOR shall comply with §20.055 (5), Florida Statutes, and shall incorporate in all subcontracts the obligation to comply with §20.055 (5), Florida Statutes. E-Verify Compliance. Contractor affirmatively states, under penalty of perjury, that in accordance with Section 448.095, Fla. Stat., Contractor is registered with and uses the E-Verify system to verify the work authorization status of all newly hired employees, that in accordance with such statute, Contractor requires from each of its subcontractors an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and that Contractor is otherwise in compliance with Sections 448.09 and 448.095, Fla. Stat. k. Federal -Aid Construction Contract. If this is a federal -aid construction project, it shall be subject to the provisions in Exhibit "A", which is attached hereto and incorporated herein by reference. 12. Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement: a. Binding Nature of Agreement. This Agreement is binding upon the successors and assigns of the parties hereto. b. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, statements, or negotiations made by the City staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized CITY representatives. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 91 of 94 C. Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. d. Severability. If any term or provision of this Agreement is held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the Term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity will not affect any other term or provision of this Agreement, to the extent that the Agreement will remain operable, enforceable, and in full force and effect to the extent permitted by law. e. Construction. If any provision of this Agreement becomes subject to judicial interpretation, the court interpreting or considering such provision should not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared it. All parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, or the negotiation of specific language, or both, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. f. Headings. All headings in this Agreement are for convenience only and are not to be used in any judicial construction or interpretation of this Agreement or any paragraph. g. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement does not constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. The review of, approval of, or payment for any of CONTRACTOR's work product, services, or materials does not operate as a waiver, and should not be construed as a waiver, of any of the CITY's rights under this Agreement, or of any cause of action the CITY may have arising out of the performance of this Agreement. h. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary, the parties will not be held liable if failure or delay in the performance of this Agreement arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision does not apply if the "Scope of Services" of this Agreement specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. i. Compliance/Consistency with Scrutinized Companies Provisions of Florida Statutes. Section 287.135(2)(a), Florida Statutes, prohibits a company from City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 92 of 94 bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services over one million dollars ($1,000,000) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria. CONTRACTOR hereby certifies that Contractor is not listed on any of the following: (i) the Scrutinized Companies that Boycott Israel List, (ii) Scrutinized Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. CONTRACTOR further hereby certifies that CONTRACTOR is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. CONTRACTOR understands that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject CONTRACTOR to civil penalties, attorney's fees, and/or costs. CONTRACTOR further understands that any contract with CITY for goods or services of any amount may be terminated at the option of CITY if CONTRACTOR (i) is found to have submitted a false certification, (ii) has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the contract is one million dollars ($1,000,000) or more, the contract may be terminated at the option of CITY if the CONTRACTOR is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Law; Venue. This Agreement is being executed in Volusia County, Florida and is governed in accordance with the laws of the State of Florida. Venue of any action hereunder will be in Volusia County, Florida. 13. Special Provisions. a. This Agreement is a non-exclusive contract; the CITY is not prohibited, or deemed to be prohibited, from bidding similar services either as an independent job or a component of a larger project. IN WITNESS WHEREOF, the parties hereto have signed and sealed this Agreement effective the date first written above. City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 93 of 94 CITY OF SOUTH DAYTONA, A Florida Municipality WILLIAM C. HALL, Mayor ATTEST: (Seal) JAMES L. GILLIS, City Manager Date signed by CITY: [ ... ], as its President and authorized agent (CORPORATE SEAL) ATTEST: [... ] , Secretary STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ day of • 2022, by of a Florida corporation, on behalf of the corporation, and he/she is personally known to me or has produced as identification. Signature of Notary Public - State of Florida Printed/Typed/Stamped Name of Notary My commission expires: End of Solicitation Documents City of South Daytona, BID NO. 23-B-005, Sewer Rehabilitation Services, Page 94 of 94 EXHIBIT C PERFORMANCE BOND FORM Bond No. BY THIS PERFORMANCE BOND, We , as Principal, whose address is and telephone number is and as Surety, whose address is and telephone number is are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407- 327-1800, in the initial sum of $ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the "Penal Sum"). WHEREAS, the Principal has executed a contract with the OWNER, dated , for the construction of the project in the City of Winter Springs, Seminole County, Florida (the "Project"); and WHEREAS, the OWNER has required the Principal to furnish a performance bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 7. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full performance of the Contract including without exception all of the Contract Documents (as defined in the Contract) and all of their terms and conditions, both express and implied. Without limiting the Principal's and Surety's obligations under the Contract and this bond, the Principal and Surety agree: A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees under section 627.756, Florida Statutes, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so. Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 8 of 15 2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as permitted in Paragraph 3. 3. SURETY'S OBLIGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the OWNER's affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety may promptly remedy the breach or default or must, within ten (10) days, proceed to take one of the following courses of action: A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own CONTRACTORS or employees, approved as being acceptable to the OWNER, in the OWNER's sole discretion, provided, however, that OWNER's discretion in approving the Surety's CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the OWNER's execution. OWNER's discretion to approve Surety's completing CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. OWNER's discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered contract shall be in OWNER's sole and absolute discretion. Upon execution by the OWNER of the contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the Contract. The OWNER will pay the completing CONTRACTOR from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. To the extent that the OWNER is obligated to pay the completing CONTRACTOR sums which would not have been due and payable to CONTRACTOR under the Contract (any sums in excess of the then remaining Contract balance less any sums due the OWNER under the Contract), the Surety must pay the OWNER the full amount of those sums at the time the completing CONTRACTOR tenders an invoice to the OWNER so that the OWNER can utilize those sums in making timely payment to the completing CONTRACTOR; or 7. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance bond. The OWNER will refund to the Surety without interest any unused portion not spent by the OWNER procuring and paying a completing CONTRACTOR or completing the Contract itself, plus the cost allowed under Section 4, after completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable warranties; or Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 9 of 15 D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the Surety. E. IT SHALL BE NO DEFENSE TO SURETY'S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2. 4. SURETY'S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein above, the Surety must promptly pay the OWNER (i) all losses, costs and expenses resulting from the Principal's breach(es) or default(s), including, without limitation, fees (including attorney's fees pursuant to section 627.756, Florida Statutes and related costs), expenses and costs for architects, ENGINEERs, consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages, whichever may be provided for in the Contract, for lost use of the Project, plus (iii) re -procurement costs and fees and expenses, plus (iv) costs incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided that in no event shall Surety's liability exceed the Penal Sum of this Bond. 5. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated damages, or the work to be performed under the Contract. 6. NO THIRD -PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER's heirs, administrators, executors, successors and assigns. No other party, person or entity has any rights against the Surety. 7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be given by Certified Mail, Return Receipt Requested, to the address set fourth for each party below: SURETY: Name: Attention: Street: City, State: Zip: PRINCIPAL: Name: Attention: Street: City, State: Zip: Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 10 of 15 OWNER: The City of Winter Springs Attention: City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327-5957 with a copy to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. I I I N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion of the Contract (including any warranty period) and acceptance of the Work performed under the Contract by the OWNER, whichever is longer. 9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference herein and are expressly made a part of this Performance Bond. 10. GOVERNING LAW. This performance bond shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflict of laws provisions. 11. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 12. MISCELLANEOUS. A. The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights afforded under Florida Statutes and under common law. B. This performance bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. D. This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the OWNER's complete satisfaction, Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 11 of 15 through the expiration of all warranty periods. Principal (Typed Firm Name) (Seal) By: (Signature) (Printed Name) (Title) (Address) (Date of Execution) Surety (Typed Firm Name) (Seal) By: (Signature) (Printed Name) (Title) (Address) (Date of Execution) Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 12 of 15 EXHIBIT D LABOR AND MATERIALS PAYMENT BOND Bond No. BY THIS LABOR AND MATERIALS PAYMENT BOND, We , as Principal, whose address is and as Surety, whose address is and telephone number is and telephone number is are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of $ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the "Penal Sum"). WHEREAS, the Principal has executed a contract with the OWNER, dated , for the construction of the project in the City of Winter Springs, Seminole County, Florida (the "Project"); and WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the OWNER in any expense. 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Principal shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 13 of 15 last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER's heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who have actually provided labor, material, rental equipment, or services under the Contract. 5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein and are expressly made a part of this bond. 6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 8. MISCELLANEOUS. A. The Surety agrees that this labor and materials payment bond shall afford the OWNER and all claimants under the Contract with all of the protections and rights afforded under Florida Statutes and under common law. B. This labor and materials payment bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this labor and materials payment bond. D. This labor and materials payment bond shall remain in full force and effect until such time that the legal deadline for filing a claim hereunder has duly expired. Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 14 of 15 Principal Surety (Typed Firm Name) (Seal) By: (Signature) (Printed Name) (Title) (Address) (Date of Execution) (Typed Firm Name) (Seal) By: (Signature) (Printed Name) (Title) (Address) (Date of Execution Piggyback Rider City of Winter Springs and Atlantic Pipe Services, LLC Page 15 of 15