1208-Miller PipelineCITY OF SANFORD, FL, AGREEMENT FOR SERVICES
NOT SUBJECT TO CCNA
THIS AGREEMENT made and entered into the / 5-
r day of Cd1W
by and between the City of Sanford, Florida, whose address is 300 North Ark
Avenue; Sanford, Florida 32771, a municipal corporation of the State of Florida, holding
tax exempt status, hereinafter referred to as the "CITY" and Miller Pipeline Corporation
whose principal and local address is 8850 Crawfordsville Rd.; Indianapolis, IN 46234
hereinafter referred to as to as the "CONTRACTOR ". The CITY and the
CONTRACTOR are collectively referred to herein as the Parties.
WITNESSETH:
WHEREAS, the CITY desires to retain the CONTRACTOR for the work identified
in the bid and /or proposal specifications outlined in the Solicitation Number IFB 07/08-
07 RESTORATION OF UNDERGROUND PIP AND TO PROVIDE MANHOLE
REHABILITATION and Response dated November 27, 2007 by Miller Pipeline
Corporation,
WHEREAS, the CITY desires to retain the CONTRACTOR to provide work to be
specifically identified and assigned by the City per the project bid as subsequently
specifically set out in Work Order /Purchase Orders to be issued under this Agreement;
and
WHEREAS, the CITY desires to employ the CONTRACTOR for the performance
necessary to support the activities, programs and projects of the CITY upon the terms
and conditions hereinafter set forth, and the CONTRACTOR is desirous of performing
and providing such services upon said terms and conditions; and
WHEREAS, the CONTRACTOR hereby warrants and represents to the CITY
that it is competent and otherwise able to provide professional and high quality
services to the CITY; and
WHEREAS, all CITY promulgated bid documents pertaining to RESTORATION
OF UNDERGROUND PIPE AND MANHOLE REHABILITAT and all submissions
submitted by the CONTRACTOR in the proposal(s) /bid submitted to the CITY are
hereby incorporated herein to the extent not inconsistent with the terms and conditions
as set forth herein.
WHEREAS, the CITY desires to retain the CONTRACTOR to provide all labor
and services in accordance with, but not limited to, the guidelines in the Scope of Work;
and
WHEREAS, this Agreement is not subject to the provisions of the
CONSULTANTs Competitive Negotiation Act; and
WHEREAS, the CITY desires to use the expertise and knowledge of the
CONTRACTOR; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: GENERAL PROVISIONS.
(a) The term "CONTRACTOR" as used in this Agreement is hereby defined
herein as that person or entity, including employees, servants, partners, principals,
agents and assignees providing services under this Agreement.
(b) The CONTRACTOR acknowledges that the CITY may retain other service
providers to provide the same services for CITY projects. The CONTRACTOR
acknowledges that the CITY, at the CITY's option, may request proposals from the
CONTRACTOR and the other service providers for CITY projects. The CITY reserves
the right to select which services provider shall provide services for the CITY's projects.
(c) The CONTRACTOR agrees to provide and ensure coordination between
services providers.
(d) The recitals herein are true and correct and form and constitute a material
part of this Agreement upon which the parties have relied.
(e) Each party hereto represents to the other that it has undertaken all
necessary actions to execute this Agreement, and that it has the legal authority to enter
into this Agreement and to undertake all obligations imposed on it. The person(s)
executing this Agreement for the CONTRACTOR certify that he /she /they is /are
authorized to bind the CONTRACTOR fully to the terms of this Agreement.
(f) Time is of the essence of the lawful performance of the duties and
obligations contained in this Agreement to include, but not be limited to, each Work
Order. The parties covenant and agree that they shall diligently and expeditiously
pursue their respective obligations set forth in this Agreement and each Work Order.
(g) When the term "law" is used herein, said phrase shall include statutes,
codes, rule and regulations of whatsoever type or nature enacted or adopted by a
governmental entity of competent jurisdiction.
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(h) It is agreed that nothing herein contained is intended or should be
construed as in any manner creating or establishing a relationship of co- partners
between the parties, or as constituting the CONTRACTOR (including, but not limited to,
its officers, employees, and agents) the agent, representative, or employee of the CITY
for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall
remain forever an independent CONTRACTOR with respect to all services performed
under this Agreement.
(i) Persons employed by the CONTRACTOR in the provision and
performance of the services and functions pursuant to this Agreement shall have no
claim to pension, workers' compensation, unemployment compensation, civil service or
other employee rights or privileges granted to the CITY's officers and employees either
by operation of law or by the CITY.
0) No claim for services furnished by the CONTRACTOR not specifically
provided for herein or in a Work Order shall be honored by the CITY.
SECTION 2: SCOPE OF SERVICES.
(a) The CONTRACTOR shall safely, diligently and in a professional and
timely manner perform, with its own equipment and assets, and provide services
included in each subsequently entered Work Order. Unless modified in writing by the
parties hereto, the duties of the CONTRACTOR shall not be construed to exceed the
provision of the services pertaining to this Agreement.
(b) The CONTRACTOR shall provide the services as generally set forth and
described in Exhibit "A" to this Agreement and specifically detailed in various Work
Orders as may be issued from time -to -time by the CITY.
SECTION 3: WORK ORDERS.
(a) The provision of services to be performed under the provisions of this
Agreement shall be commenced as set forth in the CITY's bid /procurement documents
upon the execution of this Agreement and a Work Order issued on a form provided by
the CITY hereunder commencing the provision of services. Additional services to be
performed by the CONTRACTOR to the CITY, shall be authorized in written Work
Order /Purchase Orders issued by the CITY on a form provided by the CITY. Work
Orders executed by the CITY shall include a detailed description of services and a
completion schedule. The CONTRACTOR shall review Work Orders and notify the
CITY in writing of asserted inadequacies for the City's correction, if warranted.
(b) If the services required to be performed are clearly defined, the Work
Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all
services required by the Work Order but, in no event, shall the CONTRACTOR be paid
more than the negotiated Fixed Fee amount stated therein. For Work Orders issued on
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a "Fixed Fee Basis ", the CONTRACTOR may invoice the amount due based on the
percentage of total Work Order services actually performed and completed; but, in no
event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to
a percentage of the total services actually completed.
(c) If the services are not clearly defined, the Work Order may be issued on a
"Time Basis Method" and may contain a Not -to- Exceed amount. If a Not -to- Exceed
amount is provided, the CONTRACTOR shall perform all work required by the Work
Order; but in no event, shall the CONTRACTOR be paid more than the Not -to- Exceed
amount specified in the applicable Work Order. The CONTRACTOR shall advise the
CITY whenever the CONTRACTOR has incurred expenses on any Work Order that
equals or exceeds eighty percent (80 %) of the Not -to- Exceed amount. For Work Orders
issued on a "Time Basis Method" with a Not -to- Exceed amount, the CONTRACTOR
may invoice the amount due for actual work hours performed but, in no event, shall the
invoice amount exceed a percentage of the Not -to- Exceed amount equal to a
percentage of the total services actually completed.
(d) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method"
with a Not -to- Exceed amount shall be treated separately for retainage purposes which
shall be prescribed on the face of the Work Order, but, if not prescribed, shall be ten
percent (10 %). If the CITY determines that work is substantially complete and the
amount retained is considered to be in excess, the CITY may, at its sole and absolute
discretion, release the retainage or any portion thereof.
(e) Payments shall be made by the CITY to the CONTRACTOR when
requested as work progresses for services furnished, but not more than once monthly.
Each Work Order shall be invoiced separately. The CONTRACTOR shall render to the
CITY, at the close of each calendar month, an itemized invoice properly dated,
describing any services rendered, the cost of the services, the name and address of the
CONTRACTOR, Work Order Number, Contract Number and all other information
required by this Agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED.
Execution of this Agreement by the CONTRACTOR is a representation that the
CONTRACTOR is familiar with the services to be provided and /or performed and with
local conditions. The CONTRACTOR shall make no claim for additional time or money
based upon its failure to comply with this Agreement. The CONTRACTOR has informed
the CITY, and hereby represents to the CITY, that it has extensive experience in
performing and providing the services described in this Agreement and to be identified
Work Orders and that it is well acquainted with the work conditions and the components
that are properly and customarily included within such projects and the requirements of
laws, ordinance, rules, regulations or orders of any public authority or licensing entity
having jurisdiction over the CITY's Projects. Execution of a Work Order shall be an
affirmative and irrefutable representation by the CONTRACTOR to the CITY that the
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CONTRACTOR is fully familiar with any and all requisite work conditions of the
provisions of the services.
Order.
SECTION 5: CHANGE ORDERS.
(a) The CITY may revise the scope of services set forth in any particular Work
(b) Revisions to any Work Order shall be authorized in writing by the CITY as
a Change Order. Each Change Order shall include a schedule of completion for the
services authorized. Change Orders shall identify this Agreement and the appropriate
Work Order number. Change Orders may contain additional instructions or provisions
specific upon certain aspects of this Agreement pertinent to the services to be provided.
Such supplemental instructions or provisions shall not be construed as a modification of
this Agreement. An Agreement between the parties on and execution of any Change
Order shall constitute a final settlement and a full accord and satisfaction of all matters
relating to the change and to the impact of the change on unchanged work, including all
direct and indirect costs of whatever nature, and all adjustments to the
CONTRACTOR's schedule.
SECTION 6: CONTRACTOR RESPONSIBILITIES.
(a) The CONTRACTOR shall be responsible for the professional quality,
accepted standards, technical accuracy, neatness of appearance of employees,
employee conduct, safety, and the coordination of all services furnished by the
CONTRACTOR under this Agreement as well as the conduct of its staff, personnel,
employees and agents. All CONTRACTOR employees shall at all times when
performing work wear identification badges which, at a minimum, provides the name of
the employee and the CONTRACTOR.
(b) The CONTRACTOR shall provide to the CITY a list of employees working
on the project. The CONTRACTOR shall provide to the CITY a list of employee working
days, times and assignments within forty -eight (48) hours of the CITY's written request
for such information. This information, when requested by the CITY, shall be provided
to the CITY prior to the employees of the CONTRACTOR entering the CITY's premises.
(c) The CONTRACTOR shall comply with Section 2 -67 of the Sanford City
Code as it relates to security screenings of private contractors and employees of private
contractors. The CONTRACTOR shall cause each person found by the City
Commission to be functioning in a position critical to the security and /or public safety of
the CITY by reason of access to any publicly owned or operated facility to undergo the
following inquiries and procedures conducted by the City of Sanford:
(i) Fingerprinting in accordance with the CITY's pre - employment
procedures,
(ii) Submission of the fingerprints to the Florida Department of Law
Enforcement for state criminal history evaluation, and
(iii) Submission of the fingerprints to the Federal Bureau of
Investigation for a national criminal history evaluation.
Such confidential information shall be used by the CITY to determine a person's
eligibility to function in such critical employment position(s) as described. Additionally,
the CITY may request and the CONTRACTOR shall provide the name, address and
social security number and licenses (driver's, commercial drivers license or CDL, or
other operator's license) for employees of the CONTRACTOR that may work on the
CITY's premises in positions found by the City Commission to be critical to the security
and /or public safety of the CITY by reason of access to any publicly owned or operated
facility. The CONTRACTOR shall release such information upon approval of the
employees. If an employee refuses to authorize the release of their address, social
security number and /or licenses they shall not be allowed to work or continue to work in
such critical positions.
(d) The CONTRACTOR shall work closely with the CITY on all aspects of the
provision of the services. The CONTRACTOR shall be responsible for the professional
quality, technical accuracy, competence, methodology, accuracy and the coordination of
all of the following which are listed for illustration purposes only and not as a limitation:
documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any
and all other services of whatever type or nature furnished by the CONTRACTOR under
this Agreement. The CONTRACTOR shall, without additional compensation, correct or
revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs,
drawings, specifications, and any and all other services of whatever type or nature. The
CONTRACTOR's submissions in response to the subject bid or procurement processes
are incorporated herein by this reference thereto.
(e) Neither the CITY's review, approval or acceptance of, nor payment for,
any of the services required shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this
Agreement and the CONTRACTOR shall be and remain liable to the CITY in
accordance with applicable law for all damages to the CITY caused by the
CONTRACTOR's negligent or improper performance or failure to perform any of the
services furnished under this Agreement.
(f) The rights and remedies of the CITY, provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
(g) Time is of the essence in the performance of all services provided by the
CONTRACTOR under the terms of this Agreement and each and every Work Order.
(h) The CONTRACTOR shall cooperate with the CITY in the implementation
of the CITY's tax recovery program and, to that end, the CITY may make purchases
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directly under its purchase order processes relative to various materials, supplies and
equipment that may be part of the services provided under this Agreement. The
CONTRACTOR hereby recognizes the right of the CITY to engage in tax
recovery/savings through direct purchases.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES.
(a) The CITY shall reasonably cooperate with the CONTRACTOR in a timely
fashion at no cost to the CONTRACTOR as set forth in this Section.
(b) The CITY shall furnish a CITY representative, as appointed by the
designated representative to administer, review and coordinate the provision of services
under Work Orders.
(c) The CITY shall make CITY personnel available where, in the CITY's
opinion, they are required and necessary to assist the CONTRACTOR. The availability
and necessity of said personnel to assist the CONTRACTOR shall be determined solely
at the discretion of the CITY.
(d) The CITY shall examine all of the CONTRACTOR's services and indicate
the CITY's approval or disapproval within a reasonable time so as not to materially
delay the provisions of the services of the CONTRACTOR.
(e) The CITY shall transmit instructions, relevant information, and provide
interpretation and definition of CITY policies and decisions with respect to any and all
services covered by this Agreement.
(f) The CITY shall give written notice to the CONTRACTOR whenever the
CITY's designated representative knows of a development that affects the services
provided and performed under this Agreement, timing of the CONTRACTOR's provision
of services, or a defect or change necessary in the services of the CONTRACTOR.
(g) The rights and remedies of the CITY provided for under this Agreement
are in addition to any other rights and remedies provided by law. The CITY may assert
its right of recovery by any appropriate means including, but not limited to, set -off, suit,
withholding, recoupment, or counterclaim, either during or after performance of this
Agreement as well as the adjustment of payments made to the CONTRACTOR based
upon the quality of work of the CONTRACTOR.
(h) The CITY shall be entitled to recover any and all legal costs including, but
not limited to, attorney fees and other legal costs that it may incur in any legal actions it
may pursue in the enforcement of the terms and conditions of this Agreement or the
responsibilities of the CONTRACTOR in carrying out the duties and responsibilities
deriving from this Agreement.
(i) The failure of the CITY to insist in any instance upon the strict
performance of any provision of this Agreement, or to exercise any right or privilege
granted to the CITY hereunder shall not constitute or be construed as a waiver of any
such provision or right and the same shall continue in force.
0) Neither the CITY's review, approval or acceptance of, nor payment for,
any of the services required shall be construed to operate as a waiver of any rights
under this Agreement nor or any cause of action arising out of the performance of this
Agreement and the CONTRACTOR shall be and always remain liable to the CITY in
accordance with applicable law for any and all damages to the CITY or the public
caused by the CONTRACTOR's negligent or wrongful provision or performance of any
of the services furnished under this Agreement.
(k) All deliverable analysis, reference data, survey data, plans and reports or
any other form of written instrument or document that may result from the
CONTRACTOR's services or have been created during the course of the
CONTRACTOR's performance under this Agreement shall become the property of the
CITY after final payment is made to the CONTRACTOR.
SECTION 8: COMPENSATION.
(a) Compensation to the CONTRACTOR shall be as set forth in each Work
Order which assigns services to be accomplished by the CONTRACTOR.
(b) The CONTRACT shall be paid in accordance with the schedule of
charges as set forth in Exhibit "B" attached hereto..
(c) There are no reimbursable expenses to be paid to the CONTRACTOR
except as specifically set forth herein.
SECTION 9: INVOICE PROCESS.
(a) Invoices, which are in an acceptable form to the CITY and without
disputable items, which are received by the CITY, will be processed for payment within
thirty (30) days of receipt by the CITY.
(b) The CONTRACTOR will be notified of any disputable items contained in
invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY
with an explanation of the deficiencies.
(c) The CITY and the CONTRACTOR will make every effort to resolve all
disputable items contained in the CONTRACTOR's invoices.
(d) Each invoice shall reference this Agreement, the appropriate Work Order
and Change Order if applicable, and billing period.
(e) The Florida Prompt Payment Act shall apply when applicable. A billing
period represents the dates in which the CONTRACTOR completed services
referenced in an invoice.
(f) Invoices are to be forwarded directly to:
Finance Department
City Of Sanford
City Halt
300 North Park Avenue
Sanford, Florida 32771
SECTION 10: COMMENCEMENT /IMPLEMENTATION SCHEDULE OF
AGREEMENT.
(a) The CONTRACTOR shall commence the provision of services as
described in this Agreement upon execution of this Agreement or execution of this
Agreement or execution of a Work Order issued by the CITY. Work Orders shall be
issued in substantially the form set forth in Exhibibit "C" to this Agreement.
(b) The CONTRACTOR and the CITY agree to make every effort to adhere to
the schedules required by the CITY or as established for the various Work Orders as
described in each Work Order. However, if the CONTRACTOR is delayed at any time in
the provision of services by any act or omission of the CITY, or of any employee,
tumult of the CITY, or by any other CONTRACTOR employed by the CITY, or by
changes ordered by the CITY, or by strikes, lock outs, fire, unusual delay in
transportation, terrorism, unavoidable casualties, or any other causes of force majeure
not resulting from the inactions or actions of the CONTRACTOR and beyond the
CONTRACTOR's control which would not reasonably be expected to occur in
connection with or during performance or provision of the services, or by delay
authorized by the CITY pending a decision, or by any cause which the CITY shall
decide to justify the delay, the time of completion shall be extended for such reasonable
time as the CITY may decide in its sole and absolute discretion. It is further expressly
understood and agreed that the CONTRACTOR shall not be entitled to any damages or
compensation, or be reimbursed for any losses on account of any delay or delays
resulting from any of the aforesaid causes or any other cause whatsoever.
SECTION 11: TERM /LENGTH OF AGREEMENT.
(a) The initial term of this Agreement shall be for a period of one (1) year.
(b) After the initial term, this Agreement may be renewed on an annual basis
for a maximum of thirty six months unless additional terms are approved by the City
Commission.
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SECTION 12: DESIGNATED REPRESENTATIVES.
(a) The CITY designates the City Manager or his /her designated
representative, to represent the CITY in all matters pertaining to and arising from the
work and the performance of this Agreement.
(b) The City Manager, or his /her designated representative, shall have the
following responsibilities:
(1) Examination of all work and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a reasonable time so as not to
materially delay the work of the CONTRACTOR;
(2) Transmission of instructions, receipt of information, and
interpretation and definition of CITY's policies and decisions with respect to design,
materials, and other matters pertinent to the work covered by this Agreement;
(3) Giving prompt written notice to the CONTRACTOR whenever the
CITY official representative knows of a defect or change necessary in the project; and
(4) Coordinating and managing the CONTRACTOR's preparation of
any necessary applications to governmental bodies, to arrange for submission of such
applications.
(c) Until further notice from the City Manager the designated representative
for this Agreement is:
F. William Smith, Purchasing Manager
City Of Sanford, City Hall
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: (407) 330 -5613
(d) The CONTRACTOR's designated representative is:
Louis Woska / Miller Pipelin Corp.
727 Cheston St.
New Smyrna Beach, FL 32168
SECTION 13: TERMINATION /SUSPENSION OF AGREEMENT.
(a) The CITY may terminate this Agreement or any Work Order for
convenience at any time or this Agreement or any Work Order for any one (1) or more
of the reasons as follows:
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(1) If, in the CITY's opinion, adequate progress to be provided or under
a Work Order is not being made by the CONTRACTOR due to the CONTRACTOR's
failure to perform; or
(2) If, in the CITY's opinion, the quality of the services provided by the
CONTRACTOR is /are not in conformance with commonly accepted professional
standards, standards of the CITY, and the requirements of Federal and /or State
regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a
timely manner as reasonably determined by the CITY; or
(3) The CONTRACTOR or any employee or agent of the
CONTRACTOR is indicted or has a direct charge issued against him /her for any crime
arising out of or in conjunction with any work that has been performed by the
CONTRACTOR; or
(4) The CONTRACTOR becomes involved in either voluntary or
involuntary bankruptcy proceedings, or makes an assignment for the benefit of
creditors; or
(5) The CONTRACTOR violates the Standards of Conduct provisions
herein or any provision of Federal, State or local law or any provision of the CITY's
Code of Conduct.
(b) In the event of any of the causes described in this Section, the CITY's
designated representative may send a certified letter to the CONTRACTOR requesting
that the CONTRACTOR show cause why the Agreement or any Work Order should not
be terminated. If assurance satisfactory to the CITY of corrective measures to be made
within a reasonable time is not given to the CITY within seven (7) calendar days of the
date of the letter, the CITY may consider the CONTRACTOR to be in default, and may
then immediately terminate this Agreement or any Work Order in progress under this
Agreement.
(c) In the event that this Agreement or a Work Order is terminated for cause
and it is later determined that the cause does not exist, then this Agreement or the Work
Order shall be deemed terminated for convenience by the CITY and the CITY shall
have the right to so terminate this Agreement without any recourse by the
CONTRACTOR.
SECTION 14: TERMINATION BY CONTRACTOR FOR CAUSE.
The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the
CONTRACTOR in accordance with this Agreement. In the event of such cause, the
CONTRACTOR shall send a certified letter requesting that the CITY show cause why
the Agreement should not be terminated. If adequate assurances are not given to the
CONTRACTOR within fifteen (15) days of the receipt by the CITY of said show cause
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notice, then the CONTRACTOR may consider the CITY to be in default, and may
immediately terminate this Agreement.
SECTION 15: TERMINATION BY THE CITY WITHOUT CAUSE.
(a) Notwithstanding any other provision of this Agreement, the CITY shall
have the right at any time to terminate this Agreement in its entirely without cause, or
terminate any specific Work Order without cause, if such termination is deemed by the
CITY to be in the public interest, in writing of deficiencies or default in the performance
of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to
correct same or to request, in writing, a hearing.
(b) Failure of the CONTRACTOR to remedy said specified items of deficiency
or default in the notice by either the CITY's designated representative within ten (10)
days of receipt of such notice of such decisions, shall result in the termination of the
Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities
under the terms and provisions of the Agreement.
(c) The CITY shall have the right to terminate this Agreement without cause
with a one - hundred twenty (120) day written notice to the CONTRACTOR. The CITY
reserves the right to terminate any Agreement for cause with a five (5) day written
notice to the CONTRACTOR. Notice shall be served to the parties as specified in the
Agreement.
(d) In the event that this Agreement is terminated, the CITY shall identify any
specific Work Order(s) being terminated and the specific Work Order(s) to be continued
to completion pursuant to the provisions of this Agreement.
(e) This Agreement will remain in full force and effect as to all authorized
Work Order(s) that is /are to be continued to completion.
(f) In the event that after the CITY's termination for cause for failure of the
CONTRACTOR to fulfill its obligations under this Agreement it is found that the
CONTRACTOR has not so failed, the termination shall be deemed to have been for
convenience and without cause.
SECTION 16: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion without cause, payment for the unpaid portion of the services provided by
the CONTRACTOR to the date of termination and any additional services shall be paid
to the CONTRACTOR.
SECTION 17: ACTION FOLLOWING TERMINATION.
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Upon receipt of notice of termination given by either party, the terminated party shall
promptly discontinue the provision of all services, unless the notice provides otherwise.
SECTION 18: SUSPENSION.
(a) The performance or provision of the CONTRACTOR's services under
any Work Order or under this Agreement may be suspended by the CITY at any time.
(b) In the event the CITY suspends the performance or provision of the
CONTRACTOR's services hereunder, the CITY shall so notify the CONTRACTOR in
writing, such suspension becoming effective within seven (7) days from the date of
mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all
compensation which has become due to and payable to the CONTRACTOR to the
effective date of such suspension. The CITY shall thereafter have no further obligation
for payment to the CONTRACTOR for the suspended provision of services unless and
until the CITY's designated representative notifies the CONTRACTOR in writing that the
provision of the services of the CONTRACTOR called for hereunder are to be resumed
by the CONTRACTOR.
(c) Upon receipt of written notice from the CITY that the CONTRACTOR's
provision of services hereunder are to be resumed, the CONTRACTOR shall continue
to provide the services to the CITY.
SECTION 19: EQUAL OPPORTUNITY EMPLOYMENT /NON-
DISCRIMINATION.
The CONTRACTOR agrees that it will not discriminate against any employee or
applicant for employment for work under this Agreement because of race, color,
religion, sex, age, national origin or disability and will take affirmative steps to ensure
that applicants are employed and employees are treated during employment without
regard to race, color, religion, sex, age, national origin or disability. This provision shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of pay or their forms or
compensation; and selection for training, including apprenticeship. The CONTRACTOR,
moreover, shall comply with all the requirements as imposed by the Americans with
Disability Act, the regulations of the Federal government issued thereunder, and any
and all requirements of Federal or State law related thereto.
SECTION 20: INDEMNITY AND INSURANCE.
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify,
hold harmless and defend the CITY, its agents, servants, officers, officials and
employees, or any of them, from and against any and all claims, damages, losses, and
expenses including, but not limited to, attorneys fees and other legal costs such as
those for paralegal, investigative, and legal support services, and the actual costs
incurred for expert witness testimony, arising out of or resulting from the performance or
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provision of services required under this Agreement, provided that same is caused in
whole or part by the error, omission, negligent act, failure to act, malfeasance,
misfeasance, conduct, or misconduct of the CONTRACTOR, its agents, servants,
officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR
accepts responsibility for all damages resulting in any way related to the performance of
work.
(b) In accordance with Section 725.06, Florida Statutes, adequate
consideration has been provided to the CONTRACTOR for this obligation, the receipt
and sufficiency of which is hereby specifically acknowledged.
(c) Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the CITY as set forth in Section 768.28, Florida Statutes.
(d) In claims against any person or entity indemnified under this Section by an
employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly
or indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under this Section shall not be limited by a limitation on
amount or type of damages, compensation or benefits payable by or for the
CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation
acts, disability benefits acts, or other employee benefit acts.
(e) The execution of this Agreement by the CONTRACTOR shall obligate the
CONTRACTOR to comply with the indemnification provision in this Agreement;
provided, however, that the CONTRACTOR must also comply with the provisions of this
Agreement relating to insurance coverages.
(f) The CONTRACTOR shall submit a report to the CITY within twenty -four
(24) hours of the date of any incident resulting in damage or which is reasonably likely
to result in a claim of damage.
SECTION 21: INSURANCE.
(a) The CONTRACTOR shall obtain or possess and continuously maintain the
following insurance coverage, from a company or companies, with a Best Rating of A-
or better, authorized to do business in the State of Florida and in a form acceptable to
the City and with only such terms and conditions as may be acceptable to the CITY:
(1) Workers Compensation /Employer Liability: The CONTRACTOR
shalill provide Worker's Compensation for all employees. The limits will be statutory
limits for Worker's Compensation insurance and $1,000,000 for Employer's Liability.
(2) Comprehensive General Liability: The CONTRACTOR will provide
coverage for all operations including, but not limited to, contractual, products and
complete operations and personal injury. The limits will not be less than $1,000,000
Combined Single Limit (CDL) or its equivalent.
14
(3) Comprehensive Automobile Liability: The CONTRACTOR shall
provide complete coverage for owned and non -owned vehicles for limits not less than
$1,000,000 CSL or its equivalent.
(4). Professional Liability: The CONTRACTOR shall provide
professional liability insurance as well as errors and omission insurance in a minimum
amount of $1,000,000 CSL or its equivalent.
(b) All insurance other than Workers Compensation to be maintained by the
CONTRACTOR shall specifically include the CITY as an additional insured.
(c) The CONTRACTOR shall provide Certificates of Insurance to the CITY
evidencing that all such insurance is in effect prior to the issuance of the first Work
Order under this Agreement from the CITY. These Certificates of Insurance shall
become part of this Agreement. Neither approval by the CITY nor failure to disapprove
the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the
CONTRACTOR's full responsibility for performance of any obligation including the
CONTRACTOR's indemnification of the CITY under this Agreement. If, during the
period which an insurance company is providing the insurance coverage required by
this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no
longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite
Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the
CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY
and immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this Agreement. Until
such time as the CONTRACTOR has replaced the unacceptable insurer with insurance
acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this
Agreement.
(d) The insurance coverage shall contain a provision that requires that prior to
any changes in the coverage, except increases in aggregate coverage, thirty (30) days
prior notice will be given to the CITY by submission of a new Certificate of Insurance.
(e) The CONTRACTOR shall furnish Certificate of Insurance directly to the
CITY's designated representative. The certificates shall clearly indicate that the
CONTRACTOR has obtained insurance of the type, amount and classification required
by this Agreement.
(f). Nothing in this Agreement or any action relating to this Agreement shall be
construed as the CITY waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes.
(g) The CITY shall not be obligated or liable under the terms of this
Agreement to any party other than the CONTRACTOR. There are no third party
beneficiaries to this Agreement.
M
(h). The CONTRACTOR is an independent contractor and not an agent,
representative, or employee of the CITY. The CITY shall have no liability except as
specifically provided in this Agreement.
(i) All insurance shall be primary to, and not contribute with, any insurance or
self- insurance maintained by the CITY.
SECTION 22: STANDARDS OF CONDUCT.
(a) The CONTRACTOR warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has
not paid or agreed to pay any person, company, corporation, individual or firm other
than a bona fide employee working solely for the CONTRACTOR, any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from the award
of making this Agreement.
(b) The CONTRACTOR shall not discriminate on the grounds of race, color,
religion, sex, or national origin in the performance of work under this Agreement or
violate any laws pertaining to civil rights, equal protection or discrimination.
(c) The CONTRACTOR hereby certifies that no undisclosed (in writing)
conflict of interest exists with respect to the Agreement, including, but not limited to, any
conflicts that may be due to representation of other clients, customers or vendees, other
contractual relationships of the CONTRACTOR, or any interest in property that the
CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of
interest that arises during the term of this Agreement shall be immediately disclosed in
writing to the CITY. Violation of this Section shall be considered as justification for
immediate termination of this Agreement.
(d) The CONTRACTOR shall ensure that all taxes due from the
CONTRACTOR are paid in a timely and complete manner including, but not limited to,
occupational license tax.
(e) If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his /her assigned duties or is
demonstrating improper conduct pursuant to any assignment or work performed under
this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The
CONTRACTOR shall immediately remove such employee or representative of the
CONTRACTOR from such assignment.
(f) The CONTRACTOR shall not publish any documents or release
information regarding this Agreement to the media without prior approval of the CITY.
16
(g) The CONTRACTOR shall certify, upon request by the CITY, that the
CONTRACTOR maintains a drug free workplace policy in accordance with Section
287.0878, Florida Statutes. Failure to submit this certification may result in termination
of this Agreement.
(h) If the CONTRACTOR or an affiliate is placed on the convicted vendor list
following a conviction for a public entity crime, such action may result in termination of
this Agreement by the CITY. The CONTRACTOR shall provide a certification of
compliance regarding the public crime requirements set forth in State law upon request
by the CITY.
(i) The CITY reserves the right to unilaterally terminate this Agreement if the
CONTRACTOR refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and other
applicable law, and made or received by the CONTRACTOR in conjunction, in any way,
with this Agreement.
(j) The CONTRACTOR shall comply with the requirements of the Americans
with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits
discrimination by public and private entities on the basis of disability.
(k) The CITY will not intentionally award publicly- funded contracts to any
CONTRACTOR who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section
274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the
employment by the CONTRACTOR of unauthorized aliens, a violation of Section
274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for immediate termination of
this Agreement by the CITY.
(1) The CONTRACTOR agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the services
provided to the CITY. The CONTRACTOR agrees that any program or initiative
involving the work that could adversely affect any personnel involved, citizens,
residents, users, neighbors or the surrounding environment will ensure compliance with
any and all employment safety, environmental and health laws.
(m) The CONTRACTOR shall ensure that all services are provided to the
CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and
all permits, licenses, permissions, approvals or similar consents.
(n) If applicable, in accordance with Section 216.347, Florida Statutes, the
CONTRACTOR shall not use funds provided by this Agreement for the purpose of
lobbying the Legislature, the judicial branch or State agency.
17
(o) The CONTRACTOR shall advise the CITY in writing of it who has been
placed on a discriminatory vendor list, may not submit a bid on a contract to provide
goods or services to a public entity, or may not transact business with any public entity.
(p) The CONTRACTOR shall not engage in any action that would create a
conflict of interest in the performance of that actions of any CITY employee or other
person during the course of performance of, or otherwise related to, this Agreement or
which would violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government.
SECTION 23: ACCESS TO RECORDS /AUDIT /PUBLIC RECORDS.
(a) The CONTRACTOR shall maintain books, records, documents, time and
costs accounts and other evidence directly related to its provision or performance of
services under this Agreement. All time records and cost data shall be maintained in
accordance with generally accepted accounting principles.
(b) The CONTRACTOR shall maintain and allow access to the records
required under this Section for a minimum period of five (5) years after the completion of
the provision or performance services under this Agreement and date of final payment
for said services, or date of termination of this Agreement.
(c) The CITY may perform, or cause to have performed, an audit of the
records of the CONTRACTOR before or after final payment to support final payment
under any Work Order issued hereunder. This audit shall be performed at a time
mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the
final fiscal period in which services are provided or performed. Total compensation to
the CONTRACTOR may be determined subsequent to an audit as provided for in this
Section, and the total compensation so determined shall be used to calculate final
payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as
required by this Section.
(d) In addition to the above, if Federal, State, County, or other entity funds are
used for any services under this Agreement, the Comptroller General of the United
States or the Chief Financial Officer of the State of Florida, or the County of Flagler, or
any representatives, shall have access to any books, documents, papers, and records
of the CONTRACTOR which are directly pertinent to services provided or performed
under this Agreement for purposes of making audit, examination, excerpts, and
transcriptions.
(e) In the event of any audit or inspection conducted reveals any overpayment
by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such
overpayment to the CITY within thirty (30) days of notice by the CITY of the request for
the refund.
18
(f) The CONTRACTOR agrees to fully comply with all State laws relating to
public records.
(g) The CONTRACTOR agrees that if any litigation, claim, or audit is started
before the expiration of the record retention period established above, the records shall
be retained until all litigation, claims or audit findings involving the records have been
resolved and final action taken.
SECTION 24: CODES AND DESIGN STANDARDS.
(a) All services to be provided for performed by the CONTRACTOR shall, at
a minimum, be in conformance with commonly accepted industry and professional
codes and standards, standards of the CITY, and the laws of any and all Federal, State
and local regulatory agencies.
(b) The CONTRACTOR shall be responsible for keeping apprised of any
changing laws, applicable to the services to be performed under this Agreement.
SECTION 25: ASSIGNABILITY.
(a) The CONTRACTOR shall not sublet, assign or transfer any interest in this
Agreement, or claims for the money due or to become due out of this Agreement to a
bank, trust company, or other financial institution without written CITY approval. When
approved by the CITY, written notice of such assignment or transfer shall be furnished
promptly to the CITY.
(b) The CONTRACTOR agrees to reasonably participate in the contract
"piggybacking" programs pertinent to local governments.
SECTION 26: SUBCONTRACTORS.
(a) Any CONTRACTOR's proposed subCONTRACTORs shall be submitted
to the CITY for written approval prior to the CONTRACTOR entering into a subcontract.
SubCONTRACTOR information shall include, but not be limited to, State registrations,
business address, occupational license tax proof of payment, and insurance
certifications.
(b) The CONTRACTOR shall coordinate the provision of services and work
product of any CITY approved subCONTRACTORs, and remain fully responsible for
such services and work under the terms of this Agreement.
(c) Any subcontract shall be in writing and shall incorporate this Agreement
and require the subCONTRACTOR to assume performance of the CONTRACTOR's
duties commensurately with the CONTRACTOR's duties to the CITY under this
Agreement, it being understood that nothing herein shall in any way relieve the
19
CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall
provide the CITY with executed copies of all subcontracts.
(d) The CONTRACTOR shall reasonably cooperate at all times with the CITY
and other CITY CONTRACTORs and professionals.
SECTION 27: CONTROLLING LAWS/VENUE /INTERPRETATION.
(a) This Agreement is to be governed by the laws of the State of Florida.
(b) Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
(c) This Agreement is the result of bona fide arms length negotiations
between the CITY and the CONTRACTOR and all parties have contributed substantially
and materially to the preparation of the Agreement. Accordingly, this Agreement shall
not be construed or interpreted more strictly against any one party than against any
other party.
SECTION 28: FORCE MAJEURE.
Neither party shall be considered in default in performance of its obligations hereunder
to the extent that performance of such obligations, or any of them, is delayed or
prevented by Force Majeure. Force Majeure shall include, but not be limited to,
hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind,
earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of
government, or any act of God or any cause whether of the same or different nature,
existing or future; provided that the cause whether or not enumerated in this Section is
beyond the control and without the fault or negligence of the party seeking relief under
this Section.
SECTION 29: EXTENT OF AGREEMENT /INTERGRATION /AMENDMENT.
(a) This Agreement, together with the exhibit(s), if any, constitutes the entire
integrated Agreement between the CITY and the CONTRACTOR and supersedes all
prior written or oral understandings in connection therewith. This Agreement, and all
the terms and provisions contained herein, including without limitation the exhibits
hereto, constitute the full and complete agreement between the parties hereto to the
date hereof, and supersedes and controls over any and all prior agreements,
understandings, representations, correspondence and statements whether written or
oral.
(b) This Agreement may only be amended, supplemented or modified by a
formal written amendment.
20
(c) Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed by the
parties.
SECTION 30: NOTICES.
(a) Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified,
and the place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this Section.
(b) For the present, the parties designate the following as the representative
places for giving of notice, to -wit:
For the CITY:
Sherman Yehl,
City Manager
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5602
E -mail address: yehIrC@_ci.sanford.fI.us
With a copy to:
F. William Smith
Purchasing Manager
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5613
E -mail address: smithb(a)..ci.sanford.fl.us
For the CONTRACTOR:
Louis Woska / Miller Pip eline Corp.
727 Cheston St.
New Smyrna Beach, FL 321
(c) Written notice requirements of this Agreement shall be strictly construed
and such requirements are a condition precedent to pursuing any rights or remedies
hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice
requirements based upon CITY having actual knowledge, implied, verbal or constructive
notice, lack of prejudice or any other grounds as a substitute for the failure of the
CONTRACTOR to comply with the express written notice requirements herein.
21
Computer notification (e -mails and message boards) shall not constitute proper written
notice under the terms of the Agreement.
SECTION 31: WAIVER.
The failure of the CITY to insist in any instance upon the strict performance of
any provision of this Agreement, or to exercise any right or privilege granted to the CITY
hereunder shall not constitute or be construed as a waiver of any such provision or right
and the same shall continue in force.
SECTION 32: NO GENERAL CITY OBLIGATION.
(a) In no event shall any obligation of the CITY under this Agreement be or
constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem
taxing power of the CITY or a general obligation or indebtedness of the CITY within the
meaning of the Constitution of the State of Florida or any other applicable laws, but shall
be payable solely from legally available revenues and funds.
(b) The CONTRACTOR shall not have the right to compel the exercise of the
ad valorem taxing power of the CITY.
SECTION 33: EXHIBITS.
Each exhibit referred to and attached to this Agreement is an essential part of
this Agreement. The exhibits and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this Agreement.
SECTION 34: CAPTIONS.
The Section headings and captions of this Agreement are for convenience and
reference only and in no way define, limit, describe the scope or intent of this
Agreement or any part thereof, or in any way affect this Agreement or construe any
provision of this Agreement.
SECTION 35: SEVERABILITYICONSTRUCTION.
(a) If any term, provision or condition contained in this Agreement shall, to
any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such term, provision or condition to persons or circumstances other than
those in respect of which it is invalid or unenforceable, shall not be affected thereby,
and each term, provision and condition of this Agreement shall be valid and enforceable
to the fullest extent permitted by law when consistent with equity and the public interest.
(b) All provisions of this Agreement shall be read and applied in para materia
with all other provisions hereof.
22
SECTION 36: ALTERNATIVE DISPUTE RESOLUTION (ADR).
(a) In the event of a dispute related to any performance or payment obligation
arising under this Agreement, the parties agree to exhaust any alternative dispute
resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise
pursuing legal remedies.
(b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal
remedies based on facts or evidentiary materials that were not presented for
consideration to the CITY in alternative dispute resolution procedures or which the
CONTRACTOR had knowledge and failed to present during the CITY procedures.
(c) In the event that CITY procedures are exhausted and a suit is filed or legal
remedies are otherwise pursued, the parties shall exercise best efforts to resolve
disputes through voluntary mediation. Mediator selection and the procedures to be
employed in voluntary mediation shall be mutually acceptable to the parties. Costs of
voluntary mediation shall be shared equally among the parties participating in the
mediation.
SECTION 37: COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one and
the same document.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates u der each igna z ° °
ture: the CITY throw its City
Commssion taking action on the % ZM day of z� " ' , 200 , and the
CONTRACTOR signing by and through its duly 'thorized co orate officer having the
full and complete authority to execute same.
ATTEST. CONTRACT OR. L PIPELINE CORPORATION
By: my B('-1 ich Kevin Miler
Corporate Secretary or Witness Corporate President
Date: Dec. 31, 2007
ATTEST: CITY OF SANFORD
U anet Dougherty, City, f tlerk Linda Kbhn
Date: / Is o
Mayor
23
For the use and reliance of the City of
Sanford only. Approved as to form
and legal sufficiency.
/s/ William L. Colbert
William L. Colbert, City Attorney
24
EXHIBIT "A"
SCOPE OF SERVICES
The scope of services is described by IFB 07/08 -07. Specific scope for each job will be
proviced by the Work Order /Purchase Order which in incorporated into this exhibit by
this reference.
25
EXHIBIT "B"
COMPENSATION DEFINED BY FOLLOWING BID
26
BID FORM
PART 1 GENERAL
1.01 Description
The following Bid, for the (1) Restoration of Underground Pipe and Manhole
Rehabilitation , is hereby made to The City of Sanford, Florida. This Bid is submitted by
(2) Miller Pipeline Corporation, 8850 Crawfordsvill Rd.,
Indianapolis IN 46234
(1) Title and Solicitation number of Bid /Proposal Name of Project as shown in the
Invitation
(2) Name, address, and telephone number of Bidder
1.02 The Undersigned:
A. Acknowledges receipt of:
Addenda: Number #1 Dated 10/30/07
Number #2 Dated 11/19/07
Number #3 Dated 11/2107
B. Has examined the site and all Bidding Documents and understands that
in submitting his Bid, he /she waives all right to plead any
misunderstanding regarding the same.
C. Agrees:
To hold this Bid open for 60 calendar days after the bid opening
date.
2. By signing this document the BIDDER/OFFEROR hereby agrees
to be bound by the specifications, terms, conditions, scheduling,
pricing and representations as stated and submitted with this bid
form. However, it is understood that the City reserves the right to
declare any bid or part(s) thereof nonresponsive if exceptions to
specifications, terms, conditions, etc. of the solicitation are not
acceptable in the opinion of the City to meet the requirements of
said solicitation.
3. To enter into and execute a contract with the Owner, if awarded
on the basis of this Bid, and to furnish a Performance Bond and a
Labor and Material Payment Bond and specified insurance
certificates of coverage in accordance with the Instructions to
Bidders.
4. To accomplish the work in accordance with the Contract
Documents and /or purchase order.
1.03 Bid Pricing
The bid amounts specified herein are for fixed price work, which includes all prices for equipment,
labor, and material required to perform the work specified in this Invitation for Bid
Unit
IltVeom
Quantity
Unit
Description
Price
Notes
P er Linear
GROUP 1: Mainline Replacement by Pipe Bursting
STATIC, PNEUMATIC, AND HYDRAUL PIPE BURSTING
METHOD IC
1
Per ft.
" to 4" VC, AC, Concrete or to 6" PVC pipe (0'— 4' Deep)
$
No Bid
2
Per ft.
" to 4" VC, AC, Concrete or to 8" PVC pipe (0'— 8' Deep)
$
No B; d
3
Per ft.
" to 8" VC, AC, Concrete or to 8" PVC pipe. (0'— 4' Deep)
$
No Bid
4
Per ft.
" to 8" VC, Concrete or to 8" PVC pipe. (4'— 8' Deep)
$
No Bid
5
Per ft.
" to 8" VC, Concrete or to 8" PVC pipe (0'— 4' Deep)
$
No Bid
" to 8" VC, Concrete or Ductile to 8" PVC pipe
No Bid
6
Per ft.
$
4' -8' Deep)
7
Per ft.
8" VC, Concrete or Ductile to 8" PVC pipe (0'- 4' Deep
$
No Bid
8" VC, Concrete or Ductile to 8" ID SDR 19 HDPE pipe
g
Per ft.
VC (4' — 8' Deep)
$
No B; d
8" VC, Concrete or Ductile to 8" ID SDR 35 Fusible PVC
g
Per ft.
pipe (0'- 4' Deep)
$
No Bid
8" VC, Concrete or Ductile to 8" ID SDR 35 Fusible PVC
10
Per ft.
pipe (4' -8' Deep)
$
No Bid
8" to 10" VC. Concrete or Ductile to 10" ID SDR 19 HDPE
11
Per ft.
ipe (0' -4' Deep)
$
No Bid
8" to 10" VC. Concrete or Ductile to 10" ID SDR 19 HDPE
12
Per ft.
pipe (4' -8' Deep)
$
No Bid
8" to 10" VC. Concrete or Ductile to 10" ID SDR 35
13
Per ft.
F usible PVC (0' -4' Deep)
$
No Bid
" to 10" VC. Concrete or Ductile to 10" ID SDR 35
14
Per ft.
usible PVC (4'- 8' Deep)
$
No Bid
15
Per ft.
10" VC. Concrete or Ductile to 10" ID SDR 19 HDPE pipe
$
No Bid
Unit
Item
Quantity
Unit
Description
Price
Notes
No.
Per Linear
10" VC. Concrete or Ductile to 10" ID SDR 19 HDPE pipe
16
Per ft
4' -8' Deep)
$
No Bi d
10" VC. Concrete or Ductile to 10" ID SDR 35 Fusible
17
Per ft.
PVC pipe (0' -4') Deep
$
No Bid
10" VC. Concrete or Ductile to 10" ID SDR 35 Fusible
18
Per ft.
VC pipe (4' -8') Deep
$
No Bi d
Replacing Service Lateral and Making the Connection
to the Main Sewer Line
Replacing 4" lateral with SDR 19 HDPE pipe, and
19
Per ft.
connecting to HDPE main with 4" Electro- fusion Saddle
$
No Bi d
0'4' Deep)
Replacing 6" lateral with SDR 19 HDPE pipe, and
20
Per ft.
connecting to HDPE main with 6" Elector - fusion Saddle
$
No Bid
4' -8' Deep)
Replacing 4" lateral with SDR 35 PVC pipe, and connecting
21
Per ft.
to PVC main with 4" Inserta Tee fitting. (0' -4' Deep)
$
No Bi d
Replacing 6" lateral with SDR 35 PVC pipe, and connecting
22
Per ft.
to PVC main with 6" Inserta Tee fitting. (4' -8' Deep)
$
No BI d
GROUP II: THE PURCHASE AND INSTALLATION
OF RICIP - PIPE LINING
in. pipe, for job sizes from I ft. to 1,000 ft. (4.5 mm nom.
23
Per ft.
hick)
$ 65.00
in. pipe, for job sizes from 1001 ft. or more. (4.5 mm nom.
24
Per ft.
hick)
$ 65.00
in. pipe, for job sizes from 1 ft. to 1,000 ft. (4.5 mm nom.
25
Per ft.
}lick)
$ 32.00
in. pipe, for job sizes from 1001 ft. or more_ (4.5 mm nom.
26
Per ft.
hick)
$ 32.00
in. pipe, for job sizes from 1 ft. to 1,000 ft. (6.0 mm nom.
27
Per ft.
hick)
$ 35.00
8m. pipe, for job sizes from 1,001 ft. or more. (6.0 mm
28
Per ft.
nom. thick)
$ 34.00
nit
Item
No.
Quantity
Unit
Description
Price
Notes
Per Linear
10 in. pipe, for job sizes from 1 ft. to 1,000 ft. (7.5 mm nom.
29
Per ft.
hick)
$ 37.00
10 in. pipe, for job sizes from 1,001 ft. or more. (7.5 mm
30
Per ft.
nom. thick)
$ 35.00
12 in. pipe, for job sizes from 1 ft. to 1,000 ft. (7.5 mm nom.
31
Per ft.
thick)
$ 41.00
12 in. pipe, for job sizes from 1,001 ft. or more. (7.5 mm
32
Per ft.
P. thick)
$ 39.00
18 in. pipe, for job sizes from 1 ft. to 1,000 ft. (9.0 mm nom.
33
Per ft.
hick)
$ 70.00
18 in. pipe, for job sizes from 1,001 ft. or more. (9.0 mm
34
Per ft.
nom. thick)
$ 65.00
lank
35
-
4 in. pipe, for job sizes from 1 ft. to 1,000 ft. (10.5 mm
36
Per ft.
nom. thick)
$ 90.00
GROUP III: THE PURCHASE AND
NSTALLATION PREFABRICATED MANHOLE OF
IBERGLASS LINERS
Fiberglass Liner installation for, 42, in. manhole, per
37
EA
vertical foot of installation.
$ 184.00
Fiberglass Liner installation for, 48, in. manhole, per
38
EA
vertical foot of installation.
$ 184.00
Fiberglass Liner installation for, 54, in. manhole, per.
39
EA
vertical foot installation.
$ 215.00
Blank
40
_
$
EA
riberglass Liner installation for, 60, in. manhole, per
41
ertical foot of installation.
$ 320.00
GROUP IV: THE PURCHASE AND INSTALLATION
F RICIP — POINT REPAIR
CIP point repair 5 feet long (l standard leg or sleeve) for
42
EA
12 -in. size
$2,835.00
CIP point repair 5 feet long (1 standard leg or sleeve) for
43
EA
15 -in.
$3,150.00
Unit
Item
Unit
Description
Price
Notes
No.
Quantity
Per Linear
Ft
44
EA
RICIP point repair 5 feet long (1 standard leg or sleeve) for
18 -in. size
4,150.00
45
EA
CIP point repair 5 feet long (I standard leg or sleeve)for
4 -in. size
5,250.00
46
-
-
lank
47
LF
ricing for each additional foot of RICIP point repair in
xcess of 5 feet long (1 standard leg or sleeve) for 12 in.
630.00
size.
48
LF
Pricing for each additional foot of RICIP point repair for
e xcess of 5 feet lon
735.00
49
LF
Pricing for each additional foot of RICIP point repair for
excess of 5 feet long.
860.00
50
LF
Pricing for each additional foot of RICIP point repair for
xcess of 5 feet long.
895.00
GROUP V: THE PURCHASE AND INSTALLATION
F POLYVINYL CHORIDE -PIPE LINING LINES
51
Per ft.
8 in. pipe, for job sizes from 1 ft. to 1,000 ft
28.00
52
Per It.
in. pipe for job sizes from 1,000 ft. or more
$ 27.00
53
Per ft.
10 in. pipe, for job sizes from 1 ft. to 1,000
$ 30.00
54
Per ft.
10 in. pipe for iob sizes from 1,000 ft. or more
55
Per ft.
12 in. pipe, for job sizes from 1 ft. to 1,000
36.00
56
Per ft.
12 in. pipe, for job sizes from 1,000 ft. or more
35.00
GROUP VI: PRESSURE SMOKE TESTING
57
-
Blank
58
-
I
Plank
NOTE 1: ANY AWARD(S) RESULTING FROM THE ABOVE ARE
CONTINGENT UPON SELECTED BIDDER(S) PROVIDING WITHIN 15 DAYS,
ALL LOCAL, STATE AND FEDERAL LICENSES, APPROVALS, PERMITS,
AUTHORIZATIONS AND CERTIFICATIONS WHICH ARE APPLICABLE FOR
ALL SERVICES TO BE RENDERED DURING THE LIFE OF THE
AGREEMENT.
NOTE 2: ALL ITEMS QUOTED MUST BE INCOMPLIANCE WITH THE
SPECIFICATIONS. IF YOU ARE TAKING EXCEPTIONS, INDICATE THOSE
EXCEPTIONS ON COMPANY LETTERHEAD AND ATTACH TO THIS
INVITATION TO BID. IT IS NOTED THAT THE CITY MAY REJECT
EXCEPTIONS AND DECLARE SUCH A BID NONRESPONSIVE.
NOTE 3: THE ESTIMATED QUANTITIES PROVIDED IN THIS INVITATION TO
BID ARE GIVEN ONLY AS A GUIDELINE FOR PREPARING THE BID AND
SHOULD NOT BE CONSTRUED AS REPRESENTING ACTUAL QUANTITIES
TO BE PURCHASED.
Unit
Item
Quantity
nit
Description
rice
Notes
No.
Per Linear
Ft
59
Per ft.
8" Lines (not more than 1,000 ft. per set up) Price includes
11 plugging up stream and down stream
$ 0.30
60
Per ft.
10" Lines (not more than 1,000 ft per set up) Price includes
all plugging up stream and down stream
$ 0.30
61
Per ft.
12" Lines (not more than 1,000 ft per set up) Price includes
l a 11 plugging up stream and down stream
$ 0.30
62
Per ft.
15" Lines (not more than 1,000 ft per set up) Price includes
11 plugging up stream and down stream
$ 0.35
63
Per ft.
18" Lines (not more than 1,000 ft. per set up) Price includes
11 plugging up stream and down stream
$
0.35
NOTE 1: ANY AWARD(S) RESULTING FROM THE ABOVE ARE
CONTINGENT UPON SELECTED BIDDER(S) PROVIDING WITHIN 15 DAYS,
ALL LOCAL, STATE AND FEDERAL LICENSES, APPROVALS, PERMITS,
AUTHORIZATIONS AND CERTIFICATIONS WHICH ARE APPLICABLE FOR
ALL SERVICES TO BE RENDERED DURING THE LIFE OF THE
AGREEMENT.
NOTE 2: ALL ITEMS QUOTED MUST BE INCOMPLIANCE WITH THE
SPECIFICATIONS. IF YOU ARE TAKING EXCEPTIONS, INDICATE THOSE
EXCEPTIONS ON COMPANY LETTERHEAD AND ATTACH TO THIS
INVITATION TO BID. IT IS NOTED THAT THE CITY MAY REJECT
EXCEPTIONS AND DECLARE SUCH A BID NONRESPONSIVE.
NOTE 3: THE ESTIMATED QUANTITIES PROVIDED IN THIS INVITATION TO
BID ARE GIVEN ONLY AS A GUIDELINE FOR PREPARING THE BID AND
SHOULD NOT BE CONSTRUED AS REPRESENTING ACTUAL QUANTITIES
TO BE PURCHASED.
1.04 Miscellaneous Requirements and Affirmations
Bids shall be on the Bid Form.
1.05 SUBMITTED, signed and sealed this 27th day of November
2007
Miller Pipeline Corporation
Bidder /Offeror-
��.n 11/27/07
By (Signature) Date
Nina Mann Secretary/Treasurer
Printed Name and Title
8850 Crawfordsville Rd.
Business Address
Indianapolis, IN 46234 (CORPORATE
SEAL)
City State Zip Code
317/293 -02 3 17/295 -6
Telephone No. Facsimile No.
MARK THE EXTERIOR OF ENVELOPE CONTAINING YOUR BID
RESPONSE:
YOUR COMPANY NAME & ADDRESS AS THE RETURN ADDRESS
ADDRESS OR DELIVER TO:
William Smith, Purchasing Agent
City of Sanford
P.O. Box 1788 (300 N. Park Avenue, Room 236)
Sanford, FL 32772
In lower left comer of envelope containing sealed bid, provide the following:
IFB 07/08 -07 RESTORATION OF UNDERGROUND PIPE AND TO PROVIDE
MANHOLE REHABILITATION
Opening Date and Time: Nov ember 28, 2007 at 2:00 p.m.
This from along with the other required forms must be completed and returned with bid
Disputes Disclosure Form
Answer the following questions by answering "YES" or "NO ". If you answer "YES ", please explain in the
space provided, please add a page(s) if additional space is needed.
1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended
by the Department of Professional Regulation or any other regulatory agency or professional
association within the last five (5) years? No
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from
a contract or job related to the services your firm provides in the regular course of business within
the last five (5) years? No
3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or
litigation in the past five (5) years that is related to the services your firm provides in the regular
course of business? No If yes, the explanation must state the nature of the request for
equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or
status of suit and the monetary amounts or extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of
the project identified.
Miller Pipeline Corpor
Firm
11/27/07
Signature Date
Nina Mann, Se cretary /Treasurer
Printed or Typed Name and Title
FORM NO. DSPT 12.204
Restoration of Underground Pipe and to Provide Manhole Rehabilitation, IFB 07/08 -07
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
Drug -Free Work Place
The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named
below does:
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
proposed 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 this section.
11/27/07
Authorized Signature Date
Nina Mann, Secretary /Treasurer
Printed or Typed Name and Title
FORM NO. DFWP 14204
Restoration of Underground Pipe and to Provide Manhole Rehabilitation, IFB 07108 -07
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
Section 1.01 Florida Statutes On Public Entity Crimes
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to The City of Sanford
b Nina Mann
whose business address is: 8850 Crawfordsville Rd. Indianapolis, IN 46234
and (if applicable) its Federal Employer Identification Number (FEIN) is 35- 1959522 (If the entity has
no FEIN, include the Social Security Number of the individual signing this statement: — ).
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1xg), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any bid or contract for goods or services, any lease for real
property, or any contract for the construction or repair of a public building or public work, involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand the "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilt or nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
A predecessor or successor of a person convicted of a public entity crime: or
An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts 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.
6. 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.)
X_ Neither the entity submitting this sworn statement, nor any of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989.
on behalf of Miller Pipeline Corporation
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 the management of the entity, or
any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or any
affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
November 27, 2007
(date)
State off1'oWW Indiana
County of Marion
On this _ 27 day of November 20_01, before me, the undersigned Notary Public of the State of IndLana
,Pjo4 W personally appeared
Nina Mann and
(Name(s) of individuals who appeared before notary)
whose name(s) is /afe tubscribed to the within instrument, and he /she /they acknowledge that he /she/they executed
it.
WITNESS my hand
and official seal.
if
NO PUBLIC, S TE OF t*ILORVA Indiana
NOTARY PUBLIC Emma L. Belich
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
X Personally known to me, or
Produced identification:
(Type of Identification Produced)
_ DID take an oath, or
X DID NOT take an oath.
FORM NO. PEC 15.204
Restoration of Underground Pipe and to Provide Manhole Rehabilitation, IFB 07108-07
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
Certification of Non - Segregated Facilities
By affixing his signature to this form, the Bidder certifies that he does not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he does not
permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The Bidder certifies further that he will not maintain or
provide for his employees any segregated facilities at any location under his control where
segregated facilities are maintained. The Bidder agrees that a breach of this certification will be
a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms
and other storage and dressing areas, parking lots, drinking fountains, recreation or
entertainment area, transportation and housing facilities provided for employees which are
segregated by explicit directive, or are in fact segregated on the basis of race, color, religious
disability or national origin, because of habit, local custom, or otherwise. The Bidder agrees that
(except where he has obtained identical certificabons from proposed subcontractors for specific
time periods) he will obtain identical certifications from proposed subcontractors prior to the
award of subcontracts exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity clause, and that he will retain such certifications in his files.
The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and
implementations of rules and regulations prescribed by the United States Secretary of Labor are
incorporated herein.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: November 27. 2007
By:
Nina Mann, Secretary /Treasurer
Print Name Title
Official Address:
8850 Crawfordsville Rd.
Indianapolis, IN 46234
FORM NO. SFAC 16.204
Restoration of Underground Pipe and to Provide Manhole Rehabilitation, IFB 07/08 -07
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
Insurance And Bonding Requirements Which Must Be Met
1. The CONTRACTOR bidder shall be required to provide, to the Purchasing Agent, prior to signing a
contract for or commencing any work, a Certificate of Insurance which verifies coverage in compliance
with the requirements outlined below. Compliance of said certificate must be acknowledged by the
Purchasing Agent prior to start of work, Any work Initiated without completion of this requirement
shall be unauthorized and the City of Sanford will not be responsible.
2. The City of Sanford reserves the right to require coverage and limits as considered to be in Its best
Interests. Insurance requirements shall be on a case by case basis determined by the project, conditions
and exposure.
3. Except for Professional Liability Policies, when required, all policies are to be endorsed to Include the
City of Sanford as Additional Insured. In the cancellation clause the number "30" shall be inserted
into the blank space provided prior to the words "days prior notice...". All contractor policies are to be
considered primary to City coverage and shall not contain co- insurance provisions.
4. In the event that the Insurance coverage expires prior to the completion of the project, a renewal certificate
shall be Issued 30 days prior to said expiration date.
5. Subcontractors retained by the Prime Contractor are the responsibility of said Prime Contractor in all
respects
6.
Woricene Compensagw statutory
Commeidal General Uabft lndudtng Contractue! 1JebBy. Products and ;1,000,000 per ocurance
Completed operarlom XCU and Owners and Contractors Ruterdiwe $2.000.000 aggregft
Comprehene" Auto Lieblllty, CSL, shall tncfuda' any auto- I $1,000.000
(NOTE: All limits are per occurrence and must include Bodily Injury and Property Damage. All policies
must be written on occurrence form and not on claims made form.) (All deductibles and self insured
retentions must be approved by the City of Sanford.) (All insurers must have an A.M. Best rating of at least
A: Vll.)
Bonding Requirements will be outlined at the prebid conference.:
It is noted that failure to provide of an certificate of Insurance In compliance with the above within
EQQB (4) days of notification of award and to continue the coverage without a break. At the discretion of
the City of Sanford a bidder /contractor may be placed In default status if required insurance coverage or
bonding is not maintained without a break In coverage.
I hereby certify that if the contractor on whose behalf this information is submitted is awarded a contract for
any portion of the work contemplated, the Insurance @AdtwRdi gn' ar►is outlined above shall be met
as required. Mom Surety Co.
Firm
rl k 1%X X M NX)v ra (Y
nn Ne
Authorized Signatlil Ti e
FORM NO. INS 17.2Q4
Restoration of Underground Ploe and to Provide Manhole Rehabilitation, FIR 07/08 -07
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
Conflict of Interest Statement
1. Nina Mann of Miller Pipeline ColM. deposes and states that
Name of Affiant Name of Company
2. The above named entity is submitting an Expression of Interest for the City of Sanford project
identified below.
3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based
upon his own knowledge.
4. The Affiant states that only one submittal for the above project is being submitted and that the above
named entity has no financial interest in other entities submitting proposals for the same project.
5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in
connection with the entity's submittal for the above project. This statement restricts the discussion of
pricing data until the completion of negotiations and execution of the Agreement for this project.
6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or
otherwise ineligible from participating in contract lettings by any local, state, or federal agency.
7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of
interest due to any other clients, contracts, or property interests for this project.
8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any
aspect of or Department of the City of Sanford.
9. 1 certify that no member of the entity's ownership or management is presently applying for an
employee position or actively seeking an elected position with City of Sanford.
10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above
named entity, will immediately notify the City of Sanford in writing.
November 27, 2007
Signature of Affiant
Date
Nina Mann, Secretary /Treasurer
Typed or Printed Name of Affiant
r, na
State of lbn��, County of
Marion
Title
On this 2 7 day of November 20_07 before me, the undersigned Notary Public of the State of
Florida, personally appeared
Nina Mann and
(Name(s) of individuals who appeared before notary)
whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they
executed it.
WITNESS my hand
and official seal. .n n
N &TARY PUBLIC, STATt OF FA )MUW Indiana
NOTARY PUBLIC
SEAL OF OFFICE: Rmmn. T ,_ Ral i nh
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
_2L Personally known to me, or
Produced identification:
(Type of Identification Produced)
_ DID take an oath, or
x DID NOT take an oath.
FORM NO. CFI 18.204
Restoration of Underground Pipe and to Provide Manhole Rehabilitation. IFB 07/0 8
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID.
Offeror's Qualification Statement
CHECK ONE
SUBMITTED BY : Xcorporation
NAME: Miller Pipeline Corporation _Partnership
ADDRESS: 8850 Crawfordsville Rd, Indianapolis, IN 46234 _Individual
PRINCIPAL OFFICE: 8850 Crawfordsville Rd., Indianapolis, IN 46234 _Other
1. State the true, exact, correct and complete name of the company, partnership,
corporation, trade or fictitious name under which you do business and the address of
the place of business.
The correct name of the Offeror is: Miller Pipeline Corporation
The address of the principal place of business is: 8850 Crawfordsville Rd. ,
Indianapolis, IN 462
If Offeror is a corporation, answer the following:
a. Date of Incorporation:
7/19/95
b. State of Incorporation:
Tndi ana
C. President's Name:
Kevin Miller
d. Vice President's Name:
Keith Miller
e. Secretary's Name:
Nina Mann
f. Treasurer's Name:
Nina Mann
g. Name and address of Resident Agent: CT Corroration Sys m,
1200 South Pine
Island R d. , Plantation, FL 33324
If Offeror is an individual or a partnership, answer the following:
Date of Organization: --
Name, Address and Ownership Units of all Partners:
C. State whether general or limited partnership:
4. If Offeror is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals:
5. If Offeror is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious
Name Statute.
6. How many years has your organization been in business under its present business name? 54
a. Under what other former names has your organization operated? N/A
7. Indicate registration, license number or certificate numbers for the businesses or professions which are
the subject of the Proposal /Bid. Please attach certificate of competency and /or state registration.
FL Underground Utility & Excavation Co — # CUCo57o4g
'A
8. Have you ever failed to complete any work awarded to you? If so, state when, where and why.
No
9. State the names, telephone numbers, fax number and email addresses and last known addresses of
three (4) government entities and the representative(s) of the entities with the most knowledge of work
which you have performed or goods you have provided, and to which you refer (government owners are
preferred as references). It is noted that the experience claimed here must be associated with the entity
named above. Additional or other relevant experience may be included on a separate sheet provided by
the offeror. The City of Sanford reserves the right to require additional information and to conduct any
investigation deemed necessary to evaluate the offer and the Offeror being considered for an award.
Palm Beach Co Water
2065 Prairie Rd.
Dimitrios Scarlatos
W. Palm Beach, FL 561/641
-3347
Fax: 561/6 -3447
(name)
(address) (email)
(fax)
(phone number)
City of Greenfield
809 S. State St.
Dave Scheiter
Greenfield —IN 46140 317/477
-4360
Fax- 317/47 -4361
(name)
(address) (email)
(fax)
(phone number)
City of Orlando
5100 LB McLeod Rd.
Rafael Santiago
Orlando, FL 32811 407/246
-2213
Fax: 407/24 -2886
(name)
(address) (email)
(fax)
(phone number)
City of St. Augustine
30 Pellicer Lane
Bob Pearsall
St. Augustine, FL 32084 904/825-1042 Fax: 904/8 23-4337
(name)
(address) (email)
(fax)
(phone number)
Non government entities may be substituted if necessary.
10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if
necessary).
See Attached
11. State the name of the individual who will have personal supervision of the work:
Louis Woska
12. State the names and addresses of all businesses and /or individuals who own an interest of more than
five percent (5 %) of the Offeror's business and indicate the percentage owned of each such business
and /or individual:
Miller Pipeline Corporation, 8850 Crawfordsville Rd.,
Indianapolis, IN 46234
13. State the names, addresses and the type of business of all firms that are partially or wholly owned by
the Offeror:
14. State the name of the Surety Company which will be providing the bond, and name and address of
agent:
Travelrs Casualty and Surety Company of America
Friedlander Company
P.O. Box 2166
Ohnrl inn, WV 25320
15. Bank References:
National City Bank Tracy Venable 317/267 -7066
(bank)
(address)
101 W. OBio St. #1 Indianapolis, IN 46204
(bank) (address)
(bank) (address)
ALTHOUGH THE INFORMATION INDICATED IN ITEM 16 IS NOT REQUESTED AT THIS TIME, THE CITY RESERVES THE
RIGHT TO REQUEST THIS INFORMATION.
16. Attach a financial statement including Offeror's latest balance sheet and income statement showing the
following items:
a. Current Assets (e.g_, cash, joint venture accounts, accounts receivable, notes receivable,
accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and
fixtures, inventory and prepaid expenses).
b. Net Fixed Assets
C. Other Assets
d. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for
income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes)
e. Other Liabilities (e-g., capital, capital stock, authorized and outstanding shares par values,
earned surplus, and retained earnings)
f. State the name of the firm preparing the financial statement and date thereof:
g. This financial statement must be for the identical organization named on page
one? If not, explain the relationship and financial responsibility of the
organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that
the City of Sanford reserves the right to reject financial statement(s) submitted by other than the
organization named on page one.
THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS
QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE CITY IN AWARDING THE CONTRACT AND SUCH
INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT
THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL
CAUSE THE CITY TO REJECT THE BID OR PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE
AWARD AND /OR CONTRACT.
of Affiant
Date
Nina Mann, Secretary /Treasurer
Typed or Printed Name of Affiant Title
Indiana
State of V1604;jf County of Marion On this 27 day of Nwemher 2007,
before me, the undersigned Notary Public of the State ofPJ'gEiEA1personally appeared
Indiana
Nina Mann and
(Name(s) of individuals who appeared before notary)
whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they
executed it.
WITNESS my hand
and official seal. l_ n
*MARY PUBLIC, STATE OF rVOR(OA Indiana
NOTARY PUBLIC
SEAL OF OFFICE: Emma. T,_ Rel i nh
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
X Personally known to me, or _ Produced identification:
(Type of Identification Produced)
X DID take an oath, or _ DID NOT take an oath.
Form No. SOO 25.204
Restoration of Underground Pipe and to Provide Manhole Rehabilitation. IFB 0710 8-07
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
RECYCLED CONTENT INFORMATION REPORT
In support of the Florida Waste Management Law, bidders are encouraged to supply with
their bid, any information available regarding recycled material content in the products bid.
The City is particularly interested in the type of recycled material used (such as paper, plastic,
glass, metal, etc.); the percentage of recycled material contained in the product and the cost
and product performance impact of increasing the percentage of recycled content. The City
also requests information regarding any known or potential material content in the product
that may be extracted and recycled after the product has served its intended purpose.
Product bid contains recycled content?
Yes x No
Percent of recycled content contained.
Percent of recycled content which is post end user material
Is your product packaged and/or shipped in material containing recycled content?
Yes —C No.
Is your product recyclable after it has reached its intended end use?
Yes )C No.
RECY -1100, 0 8-15-07
RECYCLED CONTENT INFORMATION REPORT
-JIM� STATE OF FLORID
,• -` r OF BUSINESS AND PROFESSIONAL REGULATION
rs CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395
NORTH MONROE STREET
TALL AHASSEE FL 32399-0783
MILLER, RALPH E
MILLER PIPELINE CORPORATION
P O BOX 34141
INDIANAPOLIS IN 46234
STATE OF FLORIDA ACI 2 6 1859 8 '
DEPARTMENT OF BUSINESS AND
r PROFESSIONAL REGULATION
CUCO57049 06/10/06 050820908
CERT UNDERGROUND & EXCAV CNTR
MILLER;, RALPH E
MILLER PIPELINE CORPORATION
IS CERTIFIED under the provisions of Ch. 489 78:
Expiration dale:. AUG 31, 2008 L06061000664
DETACH HERE
ACi 2 6 135 9 8 STATE. OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06061000664
1 06/10/2006 050820908 CUCO57049`
The UNDERGROUND UTILITY & EXCAVATION CO
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2008
MILLER, RALPH E
MILLER PIPELINE CORPORATION
8850 CRAWFORDSVILLE ROAD
INDIANAPOLIS IN 46234
JEB BUSH SIMONE MARSTILLER
GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY
STATE OF FLORIC
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395
�'�+' 1940 NORTH MONROE STREET
2
TALLAHASSEE FL 32399 -0783
MILLER PIPELINE CORP
P O BOX 34141
INDIANAPOLIS IN 46234
STATE OF FiORtDA
DEPARTMENT OF BUSINESS AND
` :- "PROFESSIONAL`iREGULATION
QB0013022 05/23/07 068190735,`:
Q6ALIFI,ED BUSINESS ORGANIZATION
MI PIPELINE" CORP"
(NOT A LICENSS TQ ` iiRiORM WORK.'
ALLOWS COMPANY Td ' -' •-DO BUSINESS I F
7 HAS A LICENSED QUALIFIER.)
IS' QUALIFISD Uader ta. yrovii[ana 04 tb'489 ss.
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DETACH HERE
EXHIBIT "C"
WORK ORDER FORM
CITY OF SANFORD
WORK ORDER
FOR
PROFESSIONAL ARCHITECTRUAL ENGINEERING SERVICES
AGREEMENT
QFB OR RFP OR RPQ #)
WORK ORDER NO.:
PROJECT:
CONTRACTOR:
Execution of the Work Order by the CITY shall serve as authorization for the
CONTRACTOR to provide for the above project, professional services as set out in the
Scope of Services attached as Exhibit "A," to that certain Agreement of
between the CITY and the CONTRACTOR and
further delineated in the specifications, conditions and requirements stated in the
following listed documents which are attached hereto and made a part hereof.
ATTACHMENTS:
[ ] DRAWINGS /PLANS /SPECIFICATIONS
[ ] SCOPE OF SERVICES
[ ] SPECIAL CONDITIONS
The CONTRACTOR shall provide said services pursuant to this Work Order, its
attachments and the above - referenced Agreement, which is incorporated herein by
reference as if it had been set out in its entirety. Whenever the Work Order conflicts
with said Agreement, the Agreement shall prevail.
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TIME FOR COMPLETION: The work authorized by this Work Order shall be
commenced upon issuance of a Notice to Proceed by the CITY and shall be completed
within ( ) calendar days.
METHOD OF COMPENSATION:
(a) This Work Order is issued on a:
[ ] FIXED FEE BASIS
[ ] TIME BASIS METHOD WITH A NOT -TO- EXCEED AMOUNT
[ ] TIME BASIS METHOD WITH A LIMITATION OF FUNDS
AMOUNT
(b) If the compensation is based on a "Fixed Fee Basis," then the
CONTRACTOR shall perform all work required by this Work Order for the sum of
DOLLARS ($ ). In no event shall the
CONTRACTOR be paid more than the Fixed Fee Amount.
(c) If the compensation is based on a "Time Basis Method" with a Not -to-
Exceed Amount, then the CONTRACTOR shall perform all work required by this Work
Order for a sum not exceeding DOLLARS
($ ). The CONTRACTOR's compensation shall be based on the actual
work required by this Work Order.
(d) If the compensation is based on a "Time Basis Method" with a Limitation
of Funds Amount, then the CONTRACTOR is not authorized to exceed the Limitation of
Funds amount of DOLLARS
($ ) without prior written approval of the CITY. Such approval, if given by
the CITY, shall indicate a new Limitation of Funds amount. The CONTRACTOR shall
advise the CITY whenever the CONTRACTOR has incurred expenses on this Work
Order that equals or exceeds eighty percent (80 %) of the Limitation of Funds amount.
The CITY shall compensate the CONTRACTOR for the actual work performed under
this Work Order.
(e) Payment to the CONTRACTOR shall be made by the CITY in strict
accordance with the payment terms of the above - referenced Agreement.
(f) It is expressly understood by the CONTRACTOR that this Work Order,
until executed by the CITY, does not authorize the performance of any services by the
CONTRACTOR and that the CITY, prior to its execution of the Work Order, reserves the
right to authorize a party other than the CONTRACTOR to perform the services called
for under this Work Order if it is determined that to do so is in the best interest of the
CITY.
91
IN WITNESS WHEREOF, the parties hereto have made and executed this Work
Order on the respective dates under each signature: the CITY through its City
Commssion taking action on the day of , 200_, and the
CONTRACTOR signing by and through its duly authorized corporate officer having the
full and complete authority to execute same.
ATTEST.
By:
Corporate Secretary or Witness
ATTEST.
Janet Dougherty, City Clerk
CONTRACTOR.
Corporate President
Date:
CITY OF SANFORD
Linda Kuhn
Mayor
Date:
For the use and reliance of the City of
Sanford only. Approved as to form
and legal sufficiency.
/s/ William L. Colbert
William L. Colbert, City Attorney
29