Item 4B- Sewer Rehabilitation for FY 2016CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sewer Rehabilitat ion fo r FY 2016
SUBMITTED BY: Donald D . J acob ovit:l, P .E.~ ~ (/0
Publi c Works Director /~~
DATE: August 30, 20 16
AGENDA ITEM 48
SEPTEMBER 12, 2016
BACKGROUND: T h e C ity's 200 6 Sewer Master Pl a n Update r ecomm ended th at Lh e City
usc c ured -in-pl ace pipe technology to upg rade the old, c racked c lay sewer m a ins.
For past s ewer re habilitatio n projects, the City h as piggyb acked o n existing J EA con t rac ts.
These are la rge d o ll ar co n tracts that were competiti vely bid . J EA awarded a three-year contract
to lnsituform Technologi es, LLC on Febru ary 26, 20 16 for c ure d -in-place pipe.
T he sewer rehabilitation proj ect for FY 16 will include:
• Continu ation of cured-in-place pipe lining o n Sea Oats Drive, 17111 S treet, Park Terrace E.
and Park Ten-ace W .
U si ng the J EA contract unit prices for lnsituforrn, th e cost for cure d -in-place pip e rehabi litation
for the p roject is $206,703.65.
Any point r epairs found necessary would be completed w ith the C i ty's a mlU a l Uti lity Contractor.
BUDGET: T he tota l fund s for the sewer rehabilitation project (Project ffPU1607) are budgeted
in the Sewer Fund unde r account number 410-5506-535-63 00.
RECOMMENDATION: Authori ze Ins ituform Technologies, LLC to ins tall cured-i n-place
pipe (ClPP) for the FY16 Sewer R ehabilitatio n P roj ect in the amount of$206,703 .65 , using
s pecificatio ns and pticing in J EA Contract No. 152566. Authorize th e City M a n ager to s ign the
co ntract w ith Ins itufonn Tcclu10logies, LLC.
ATTACHM ENTS: I.
2.
3.
Cost Proposal for proj ect using J E A 's lnsitutbrm contr act pricing.
ln s itufonn Technologies, LLC contract.
Proj ect Map
..
REVIEWED BY CITY MANAGE R:_:-11~--.:·Joe;k-=Oc,..,..:,.=~,;t;_-=t..e.v=~'----------
~ lnsituform
hcftnDIL'QiB$, LLC
August 8, 2016
Kayle W. Moore, P.E.
Deputy Public Works Direc tor
City of Atlantic Beach
1200 Sandpiper Ln
Atlantic Beach, FL 32233
(904) 247-58 34
kmoore@coaP. us
6972 Busin ess Park Bll.d
Jacksonvi lle, FL 32256
RE: CIPP-Sea Oa ts Dr, 17th St, Park Ter E, Park Ter W proposa l
Dear: Kay le
Tel ; (904) 237-3426
Fa x: (904) 280-4162
www.insjluform .com
AAJA·TY6UJG
AGENDA ITEM 48
SEPTEMBER 12, 2016
Insltuform Technologies, LLC . (ITLLC) is pleased to provide the following proposal for th e rehabili ta ti on of sewers In
using "Cured -In -Pl ace -Pi pe" (CIPP). Thi s proposa l is based off of the ex isting contract betwe en In sltu form and JEA
#014-16 usin g the "piggyback" meth od . All terms and conditions app ly.
I PROPOSAL PRICING
ITLLC prop oses the following pricing for the scope of se rv ices described herein:
Item Description lkllt Qty lklit Price Total Price
1 CfPP 8" x 6mm LF 473 1 $28.10 $132,941.10
3 CJPP 12" x6mm LF 917 $32.75 $30,031.75
26 Reconnect Exis ting Services EA 71 $250.00 $17,750 .00
32 cc rv & Li g ht Clea n 8"-2 1" LF 5648 $4 .60 $25,980.80
TOTAL $206,703.65
I ASSUMP110NS AM) QUALIFICATIONS
ITLLC's Proposal Pr icing is ba se d upon the foll owing assumptions and clarifi ca tion s:
1. ITLLC assumes the work will be completed during dry weather conditions.
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8 31 2016
AGENDA ITEM 48
SEPTEMBER 12, 2016
2. Quantities are estimated. Customer shall be invoiced for actual quantities at the above unit prices.
I ffiLC SCOPE OF WORK I RESPONSIBILITIES
ITLLC will provide the following:
1. Mobilization and demobilization of personnel, equipment, and materials to and from the Project site. The
price presented is based upon one (1) instance of mobilization and demobilization.
2. Light cleaning of the pipe prior to lining. Light cleaning is defined as up to three (3) passes with a standard jet
nozzle. Any cleaning beyond this is considered heavy cleaning.
3. CCTV inspection of the pipe prior to lining pipe.
4. Install polyester impregnated CIPP liner in accordance with ASTM F1216 or F1743 using either water or
air/steam, at the discretion of ITLLC.
5. CCTV inspection of the pipe after the lining is complete.
6. Standard ITLLC one-year warranty from date of installation, excluding any required warranty TV inspection
and/or testing.
7. Standard insurance coverage with the following limits:
General Liability: $2,000,000 per occurrence/$4,000,000 aggregate
Auto: $2,000,000 Combined Single Limit
Workers Compensation: Statutory with $1,000,000 Employer's Liability
The above insurance shall not include Primary and Non-Contributory Coverage and ITLLC shall not provide
a Waiver of Subrogation endorsement.
NOTE: Modifications to the Scope of Work I Responsibilities of ITLLC may result in a change in price and/or
duration.
I EXCLUSIONS:
The following items are excluded from ITLLC's above Pricing and Scope of Services I Responsibilities stated in this
Proposal. These items, if necessary, applicable or otherwise required, shall be furnished by Customer, at
Customer's direction and at no cost to ITLLC or may, upon mutual agreement in writing between ITLLC and
Customer, be provided by ITLLC at an additional cost:
1. Permits, licenses and construction easements.
2. Access to and use of fire hydrants and/or sufficient water supply (within 500ft. of the installation site) to
complete flushing and CIPP installation.
3. Obstruction removal (calcium, concrete, mineral deposits, roots, etc.) and/or protruding tap removal.
4. Point repairs.
5. Repair of pipe damaged during any industry standard high-pressure jet cleaning operations, preparation or
lining and any subsequent cleaning necessary to remove debris that has fallen into the pipe as a result of any
such collapse or repair.
6. Equivalent pipe diameter access from the invert to the street level. This may include removal of the frame,
cover and/or cone section of the liner installation manhole(s) such that the opening at the street level is no
less than equivalent to the pipe diameter.
7. Locations of and access (of ITLLC equipment and/or personnel) to all manholes associated with the Project
and as required by ITLLC's work plan.
8. Restoration of any area damaged during the liner installation process.
9. Payment and Performance bonds. If payment and performance bonds are required, add 1.5% to the total
Project cost.
10. Removal and disposal of any hazardous or toxic materials encountered during the Project.
11. Holiday work, rush delivery or adverse weather work (as defined by ITLLC).
12. Complete independent testing of liner samples from each installation.
13. State and local sales and/or use taxes.
14. Additional premiums for special insurance coverage(s) specific to this project.
15. Any change in scope such as diameter and length not specified in plans. I GEr-.ERAL 'T'I;RMS AN> CON>ffiONS:
AGENDA ITEM 48
SEPTEMBER 12, 2016
Page 3
8 31 2016
1. ITLLCs Proposal is conditioned upon Customer's acceptance of the terms and conditions set forth herein.
Customer's ordering of material or services by purchase order or otherwise, shall be treated as Customer's
acceptance of such terms and conditions. All terms and conditions in Customer's purchase order or in any
other communication to ITLLC, whether submitted previously or subsequently to this Proposal, which are
additional to or inconsistent with the terms and conditions of this Proposal are not binding upon ITLLC and
shall not be applicable to this Proposal, except to the extent accepted in writing by ITLLC. Any change or
amendment to this Proposal, to be binding upon ITLLC, must be accepted in writing by ITLLC.
2. ITLLC has based its Proposal on a nominal wall thickness for the Insitutube as shown in the price. This is
based on the best available information at the time of this Proposal. Existing pipe deterioration in excess of
the conditions assumed, ground water loads in excess of those assumed, or other loads or conditions may
increase the recommended thickness for all or portions of the work. Final recommendations may be
submitted to you following the completion of the preliminary TV phase of the project. Stated prices are
subject to adjustment if design changes are agreed upon.
3. This Proposal is valid for 30 days, unless otherwise extended by ITLLC.
4. PAYMENT: Payment is due in full, without exception or retention, within 30 days of the date of the invoice.
Monthly partial progress payments may be requested for the value of work in progress or completed, including
materials delivered to the Project site. Payments due and unpaid shall bear interest at the rate of 1112 % per
month from the date payment is due. Should ITLLC incur costs or expenses to collect monies claimed due
hereunder from Customer, Customer shall pay to ITLLC, in addition to all other sums due to ITLLC, attorneys'
fees, consultants' costs, and other expenses and costs, including but not limited to litigation and/or arbitration
expenses and arbitrator compensation, in connection therewith.
5. Should ITLLC learn of any information that causes ITLLC concern about Customer's ability to pay and/or
perform any of its obligations owing to ITLLC under Proposal, ITLLC has the right to request Customer to
provide ITLLC adequate assurance of due performance on such terms as are deemed reasonable by ITLLC
when acting in good faith, including the right to await full or partial payment from Customer as demanded by
ITLLC. In such an instance, ITLLC may suspend its performance pending ITLLC's receipt of adequate
assurance ofdue payment and/or performance in a manner found acceptable by ITLLC.
6. ITLLC shall not be responsible for any inability to perform under this Proposal or for any loss or damage due to
delays or disruptions resulting directly or indirectly from, or contributed to by, any act of God, action or
omission of Customer, act of civil or military authorities, fire, strike or other labor dispute, accident, flood,
adverse weather, war, riot, terrorism, transportation delay, inability to obtain material or fuel supplies, or any
other circumstances beyond ITLLCs reasonable control, whether similar or dissimilar to any of the foregoing.
If ITLLC crews are delayed on site for reasons beyond the control of ITLLC, then ITLLCs standby time will be
invoiced to Customer at an hourly rate of$ 1,600.00 per hour.
7. Claims for Changed, Concealed or Unknown Conditions: If conditions are encountered at the site which are
(1) materially changed; (2) subsurface or otherwise concealed physical conditions which differ materially from
the information upon which this Proposal is based or (3) unknown physical conditions of an unusual nature,
which differ materially from those ordinarily found to exist and generally recognized as inherent in construction
activities of the character provided for herein, then the Proposal Price and Time shall be equitably adjusted to
address the conditions.
8. LIMITED WARRANTY: ITLLC WARRANTS TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES
PROVIDED BY ITI WHICH ARE BROUGHT TO THE ATTENTION OF ITLLC IN WRITING WITHIN ONE YEAR
FOLLOWING COMPLETION OF ITLLC'S WORK, PROVIDED CUSTOMER AFFORDS ITLLC SUITABLE ACCESS AND
WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
9. Except for the express warranty forming a part of this Proposal, ITLLC DISCLAIMS ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ITLLC'S llABILITY TO CUSTOMER, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE,
IS LIMITED TO THAT PERMmED UNDER THIS PROPOSAL, AND SHALL IN NO EVENT EXCEED THE PRICE
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8 31 2016
AGENDA ITEM 48
SEPTEMBER 12, 2016
HEREUNDER. NOTWITHSTANDING ANYTHING SEEMINGLY TO THE CONTRARY, ITLLC SHALL NOT BE LIABLE
TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST TIME, DELAY, DISRUPTION, INTERFERENCE, LOSS
OF PRODUCTNITY, INCONVENIENCE, LOST INCOME, OR LOST PROFITS.
10. This agreement may be terminated by either party upon seven (7) days written notice should the other party
fail substantially to perform in accordance herewith through no fault of the party initiating the termination.
11. The terms and conditions of this Proposal form the entire agreement between the parties. All other terms,
proposals, negotiations, representations, recommendations, statements or agreements, whether made or
issued contemporaneously or previously, are excluded from and are not a part of this Proposal, and have no
binding or enforceable effect. This Proposal, if accepted, shall be binding on the parties and their respective
successors and assigns.
The information contained in this letter is proprietary to Insituform Technologies, LLC. and shall be retained by the
recipient in confidence and shall not be published or otherwise disclosed to third parties without the express written
consent of Insituform Technologies, LLC. The foregoing shall not preclude the use of any data which (i) was in its
possession without restriction as to use prior to receipt as proprietary of the same or similar data from Insituform
Technologies, LLC., (ii) is or becomes available from a public source on or after such receipt from Insituform
Technologies, LLC. or (iii) is obtained by the recipient from a third party not under obligation of confidentiality or
other restriction with respect to use.
Please do not hesitate to contact me with any further questions.
Very truly yours,
Insituform Technologies, LLC.
tJ<Wf iii: s~
Gary R Shutts
Business Development Mgr.
Accepted By: ------------------
(signed)
Accepted By: ------------------
(printed)
Date:---------
Title:---------
AGREEMENT
UTILIZING JEA CONTRACT #152566
BETWEEN THE
CITY OF ATLANTIC BEACH
AND
INSITUFORM TECHNOLOGIES, LLC
FOR SEA OATS SUBDIVISION SEWER UPGRADE
AGENDA ITEM 48
SEPTEMBER 12, 2016
THIS AGREEMENT, made and entered into in duplicate this day
of , 2016 (hereinafter referTed to as the "Effective Date"), by and
between the CITY OF ATLANTIC BEACH, a municipal corporation existing under the
Constitution and the laws of the State of Florida, (hereinafter referred to as the CITY) and
INSITUFORM TECHNOLOGIES, LLC, a Delaware limited liability company authorized
to do business in Florida with principal office at 17988 Edison A venue, Chesterfield, MO
63005 (hereinafter referred to as the Contractor), for the Sea Oats Subdivision Sewer
Upgrade (hereinafter referred to as the Project).
WITNESSETH:
WHEREAS, effective February 26, 2016, JEA entered into Contract Number
152566 (hereinafter referred to as the "JEA Contract") with Contractor; and
WHEREAS, said Contract is in full force and effect until February 25, 2019 and
has been competitively procured and awarded by JEA as contracting authority according
to Florida law; and
WHEREAS, The Atlantic Beach Code, more particularly Section 2-336 (6), Code
of Ordinances authorizes and allows the CITY to use inter alia contracts of other local
governmental entities, including JEA, which have been competitively procured and
awarded; and
WHEREAS, the JEA Contract is broad enough to include the Project and
Contractor has agreed to allow the CITY to use its JEA Contract; and
WHEREAS, it is in the best interest of the parties to use the JEA Contract for the
Project and to add those contractual provisions the CITY is required to use by ordinance
or policy; now therefore
AGENDA ITEM 48
SEPTEMBER 12, 2016
IN CONSIDERATION of the premi ses and of the mutual covenants and
agreements herein after contained, and for other good and valuable considera ti on the parties
agree as follows:
ARTICLE 1: Incorporation of Recitals:
The above sta ted recitals are true and co t1'ect and, by this reference , are made a part
hereof and are incorporated herein.
ARTICLE 2: Engagement of Contractor:
C ITY hereby engages Contractor and Contractor_hereby accepts said engagement
for the purpose of cons tru cting Cured-in-Pl ace Pipe for the Sea Oats Subdivision Sewer
Upgra de Project, as described in and according to the provi sions of: the JEA Cont ract
and it s exhibits, eq uipm ent descriptions and quotations made thereunder (hereina fte r
referred to as the Work), and, by thi s reference , made a part hereof and are incorporated
here in ~ and in accordance wit h the other provisions , req ui red by law , ordin ance or policy
for U1 e C lTY , co ntain ed in this Agreement. With respect to the Project , the provision s,
terms and condition of the JEA Co ntra ct s hall apply unl ess spec ifi cally preempted herein.
Therefore, any conflict between the provisions of this Ag reement and those in the J EA
Contract shall be resolved in favor of this Agreement, but only to the extent of any conflict.
ARTICLE 3: Coot·dination and Services Provided by CITY:
C ITY shall designate a Project Manager who wi ll , on behalf of the C ITY, coordinate
with Con tr actor and admini ste r this Ag ree ment acco rdin g to the term s and cond ition s
conta in ed here in and in the Exhi bit(s) atta ched hereto an d made a part he reof. It sha ll be
the responsib ility of Manager to coo rdin ate all Project related act iviti es wi th the designated
Project Manager. T he C ITY 's Project Man ager s hall be: Kayle Moore, P.E., Deputy Public
Work s Director (Phone: 904-247-5834; Fax: 904-247-5843; E-mai l: kmoore @coab.us) or
other des ignee as directed by the Publ ic Works Director.
A RTICLE 4: Duration of Agreement/Pricing Available to Other Entities:
T he term of this Agreement sha ll commence on the Effective Date and sha ll
co ntinu e a nd remain in full force an d effect as to all its terms, condit ion s and provisions as
AGENDA ITEM 48
SEPTEMBER 12, 2016
set forth herein, through a period of time which is the earl ie r of the Co ntractor's delivery
and City 's acceptance of the Project wi thin the time period set fotth in any purchase order
or tw e lv e ( 12) months from the Effective Date.
ARTICLE 5: Payments for Services of Contractor:
5.1. Excep t as provided in Section5.2 hereof, the CITY will co mp ensate Con tractor
for the Project in accordance with purchase ord ers issued and used by the C it y of Atlantic
Beach Purchasing Department; provided howe ver, payment invoices sha ll be se nt to the
aut hori zed City representative as spec ified in sai d purchase order or other subseq uent
writte n instrument signed by th e City 's Project Manager.
5.2. Notwithstanding any contrar y provision, the maximum indebtedness of th e
C ITY for all fees , re imbursable items or oth er cos ts, to the Contractor for the Project,
pursuant to thi s Agreement, shall not excee d th e a mo unt of Two Hundred S ix Thousand,
Seven Hundred and Three Dollars and Sixty-Five Centers ($206, 703 .65) unl ess approved
in wr iting by amend ment to the Purchase Order.
ARTICLE 6: Notice:
Any and a ll required notice to the C lTY under thi s Agreement sha ll be delive red by
certifi ed mai l, retum receipt requested , or by oth er de liv ery w ith receipt to the following :
Kayle W. Mo ore, P.E .
Dep uty Public Work s Director
1200 Sandpiper Lane
Atlantic Beach, FL 32233
kmoore@coab. us
ARTICLE 7: Laws, Ordinances, Rules and Regulations:
In th e cons tru ct ion of the Project, the Contractor mu st co mpl y with any and a ll
appli ca bl e federa l, state and loca l laws , rules, regulations and ordinances, as the same exis t
a nd may be amended from time to time. Such laws , rules , regu lations an d ordinances s ha ll
include, but are not limited to, Chapter 119, Flo rida Statutes , (the Florid a Public Records
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AGENDA ITEM 48
SEPTEMBER 12, 2016
Law) and Section 286.011, Florida Statutes, (the Florida Sunshine Law), as they apply to
the Project contemplated in this Agreement. If any of the obligations of this Agreement
are to be performed by a subcontractor, the provisions of this Section shall be incorporated
into and become a part of the subcontract.
ARTICLE 8: Conflict of Interest:
The parties will follow the provisions of applicable ordinances and laws with respect
to required disclosures by public officials who have or acquire a financial interest in a bid
or contract with the CITY, to the extent the parties are aware of the same.
ARTICLE 9: Non Discrimination:
The Contractor represents that it has adopted and will maintain a policy of non
discrimination against employees or applicants for employment on account of race,
religion, sex, color, national origin, age or handicap, in all areas of employment relations,
throughout the term of this Agreement. The Contractor agrees that, if any of the Services
to be provided pursuant to this Agreement are to be performed by a subcontractor, the
provisions of this Article shall be incorporated into and become a part of the subcontract.
ARTICLE 10: Counterparts:
The parties agree that for the execution of this agreement, time is of the essence.
Therefore, this Agreement, and all amendments thereto, may be executed in several
counterparts, each of which shall be deemed an original, and all of such counterparts
together shall constitute one and the same instrument. The parties further agree that
facsimile ("fax") or e-mail transmission of all signatures with originals to follow shall
constitute and be evidence of an executed Agreement.
[Remainder of page is left blank intentionally. Signature page follows immediately.)
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AGENDA ITEM 48
SEPTEMBER 12, 2016
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
Donna Bartle
City Clerk
ATTEST:
CITY OF ATLANTIC BEACH
Nelson Van Liere
City Manager
INSITUFORM TECHNOLOGIES, LLC
Debra Jasper
Contracting and Attesting Officer
Diane Partridge
Contracting and Attesting Officer
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Publ ic Works Dcpl'l r tut t•-••
1100 S.:Sndpiptr Ln
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AGENDA ITEM 48
SEPTEMBER 12, 2016
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