Contract 2020-048A#2020-48-A
DocuSign Envelope ID: BDBCC7DD-5F53-4FOA-9CD9-6D3CEBF84E24
AGREEMENT NO.2020-48 FOR
ELECTRICAL IMPROVEMENTS FOR LIFT STATION E5
THIS AGREEMENT, is made and entered into this day of
2020, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "OWNER"), and CONNECTED POWER SERVICES,
LLC., whose address is: 235 W. Brandon Blvd., #231, Brandon, Florida 33511, (hereinafter
referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools and
transportation and perform all of the work described in the specifications entitled:
RFB NO.20-025 titled Electrical Improvements to Lift Station E5,
as prepared by Owner and its agents and shall do everything required by this Contract and
the other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II — THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract, in lawful tender of the United States, and subject to addition and deductions as
provided in the Contract Documents, the Price Schedule, attached hereto and incorporated
herein as Exhibit "A". The total contract sum shall not exceed THIRTY ONE
THOUSAND FIVE HUNDRED EIGHTY THREE DOLLARS ($31,583.00).
ARTICLE III — COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall commence work within Ten (10) calendar days after
receipt of (i) Notice to Proceed or Purchase Order, and (ii) receipt of all permits
required to perform the work, and the CONTRACTOR will substantially complete
the same within Four (4) days, unless the period for completion is extended
otherwise by the CONTRACT DOCUMENTS. Substantial Completion as
provided herein shall be the day the project or designated portion thereof is certified
by the Project Manager when the work is sufficiently complete, in accordance with
the Contract Documents, so the OWNER can occupy or utilize the work or
designated portion thereof for the use for which it is intended.
DocuSign Envelope ID: BDSCC7DD-5F53-4FOA-9CD9-6D3CEBF84E24
2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3. The CONTRACTOR further declares he has examined the site of the work and that
from personal knowledge and experience or that he has made sufficient
investigations to fully satisfy himself that such site is correct and suitable for the
work and he assumes full responsibility therefore. The provisions of this Contract
shall control any inconsistent provisions contained in the specifications. All
Drawings and Specifications have been read and carefully considered by the
CONTRACTOR, who understands the same and agrees to their sufficiency for the
work to be done. It is expressly agreed that under no circumstances, conditions or
situations shall this Contract be more strongly construed against the OWNER than
against the CONTRACTOR and his Surety.
4. As -built drawings, warranties acceptable to OWNER must be submitted to the
OWNER before final payment will be made to the CONTRACTOR.
ARTICLE IV — LIQUIDATED DAMAGES
1. It is mutually agreed that time is of the essence in regard to this Contract. Therefore,
notwithstanding any other provision contained in the Contract Documents, should
the CONTRACTOR fail to complete the work within the specified time as set by
the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall
pay to OWNER the sum of One Hundred Dollars ($100.00) per calendar day as
fixed, agreed and liquidated damages for each calendar day elapsing beyond the
specified time date; which sum shall represent the damages sustained by the
OWNER, and shall be considered not as a penalty, but in liquidation of damages
sustained. CONTRACTOR shall pay the liquidated damages amount contained
herein to Owner within fifteen (15) days of receipt of Owner's written demand for
such payment.
2. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall
be considered a day schedule for protection.
ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30) calendar days of receipt of the invoice.
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ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The Owner and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement Agreements in any court having jurisdiction thereof.
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
employees unless such employees are covered by the protection afforded by the
CONTRACTOR. Such insurance shall comply with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Commercial General Liability Insurance - The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business Automobile Liability Insurance as
shall protect it from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operating under
this Agreement whether such operations are by itself or by anyone directly or
indirectly employed by it, and the amount of such insurance shall be as follows:
(a) CONTRACTOR's Commercial General Liability, $1,000,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $500,000 Each, Bodily Injury & Property
Damage Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
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3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) , and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or
not such acts are caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Article.; however, this indemnification
does not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(b) In any and all claims against the CITY or any of its agents or employees by
any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
ARTICLE VIII — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Connected Power Services, LLC.
235 W. Brandon Blvd. #231
Brandon, FL 33511
Attn: Steven Watson, President / Account Manager
4
DocuSign Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24
OWNER: City of Clermont
Attn: Darren S. Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX — MISCELLANEOUS
1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver — The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability — If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment — Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either parry's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
DocuSign Envelope ID: BD8CC7DD-5F53-4FOA-9CDMD3CEBF84E24
9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X — CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and herein made a part,
are as fully a part of this Contract as if herein repeated.
Document Precedence:
1. Contract Agreement
2. All documents contained in RFB No.: 20-025 titled Electrical Improvements to Lift
Station E5 and CONTRACTOR's response thereto.
6
DocuSign Envelope ID: BD8CC7DD-5FS3-4FOA-9CD9-6D3CEBF84E24
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 5 day of August . 2020.
City of Clermont
DocuSigned by:
S. dray
Darren S. Gray, City Manager
Attest:-i
rT
gnad by::
� A44,ayd }%we
Tracy c oyd Howe, City Clerk
Connected Power Services, LLC.
DocuSigned by:
By Stud, �afSbtn,
(Signature)
Steve Watson President
(Name & Title Printed or Typed)
7
DocuSign Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24 ty of Clermont
Bid 20-025
SECTION — C
PRICE SCHEDULE
Final Completion Lump Sum Price
(Words)
Thirty one thousand, five hundred and eighty three dollars
(Figures) $ $31,583
Contractor's Days to Substantial Completion:
4
Calendar Days.
Not to Exceed: Thirty (30) Calendar Days from Issuance of Purchase Order or Notice To
Proceed.
Final Completion Shall Be Fifteen (15) Calendar Days Thereafter.
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this
solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies
that it can and will provide and make available, at a minimum, the items set forth in this solicitation.
Company Name (print): Connected Power Services
Street Address: 235 W. Brandon Blvd #231 Brandon, FL 33511
Mailing Address (if different):
Telephone: 863-255-7471
Email: stevegconnectedpower.com
FEIN: 90 - 1009847
813-381-5345
Fax:
Payment Terms:
Professional. License No.: 273467
Digitally signed by Steven Watson 6/8�20
Signature: Ctcvnn C, _�.a,-w_ ; 1 ne:�rDate:
'ter c��ra^�- Power Services, ou,
emalksteveocannectedpowercom, PresidenVAccount Manager
Print Name: VMMS n o-us Title:
Date:2020MCOS 12:08:19-04'00'
Does the respondent accept payment using the City's MASTERCARD? El Yes ❑ No
END OF SECTION — C
RFB No: 20-025
Page 15 of 31
ys, net
6/3/2020 4:00 PM
DocuSlgn Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24 _. y of Clermont
Bid 20-025
1
CLE
Choice of Champions`
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 1 —MAY 22, 2020
RFB 20-025 — ELECTRIAL IMPROVEMENTS TO LIFT STATION E5
The following represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
Additions and Omissions to Section 13.1, Scope of Work, pages 13-14 of 31.
• Addition: Replace 400 amp 3 phase 480 volt main breaker and enclosure with new 400 amp
main breaker with Stainless Steel enclosure. Main breaker has interrupting rating of 30 ka.
• Addition: Install three two inch raceways from MDP to three VFD's.
• Addition: Install faeeway 3 — 2/0 and 1 — #4 cu conductors from MDP to each of the three
VFD's.
• Addition: Install three two inch PVC Schedule 40 raceways underground from VFD's to new
24x24x10 Hinged Stainless Steel J box.
• Addition: Install 3 — 2/0 and 1 — #6 cu conductors from each of the three VFD's to the new
24x24xl0 Hinged Stainless Steel J box.
• Addition: Install three two inch PVC Schedule 40 raceways underground from VFD's to new
24x24x20 Hinged Stainless Steel J box.
+ Omission: Install +urea to Fr ORal bleeks i., ne.0 _ +44xi g Stainless Steel I box
aelsommedate pump sable leads.
END OF ADDENDUM 1
This addenda must be acknowledge and may be returned with your solicitation. All other terms, conditions
and specifications remain unchanged for RFB 20-025.
Connected Power Services
Name of Company
Digitally signed by Steven Watson
DN: cn=Steven Watson, o=Connected _
Sig Power Services, ou, Title
email=steve@connectedpower.com, c=US
Date: 2020.06.0815:04:14 -04'00'
6/8/2020
Date
President
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
6/3/2020 4:00 PM p. 35
DocuSign Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24 ty of Clermont
Bid 20-025
I
Choice of Champions`
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 2 — JUNE 1, 2020
RFB 20-025 — ELECTRIAL IMPROVEMENTS TO LIFT STATION E5
The followina represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
• Change Bid Opening Location Section A-6: Responses will be publicly opened and read +e
GAnfefen6e Reern 232, 2N ,
QeFmelnt through a Zoom meeting on Thursday, June 11, 2020 at 2:00 P.M. (EST). The Zoom
meeting information is provided below:
Topic: Bid Opening for RFB 20-025 and 20-026 - Zoom Meeting
Time: Jun 11, 2020 01:55 PM Eastern Time (US and Canada)
Join Zoom Meeting
https://zoom.us/j/93205392469?pwd=ROxZTFhlTkl HL3phWmIURmZ5NkNkdz09
Meeting ID: 932 0539 2469
Password: 6wHCse
END OF ADDENDUM 2
This addenda must be acknowledge and may be returned with your solicitation. All other terms, conditions
and specifications remain unchanged for RFB 20-025.
Connected Power Services
Name of Company
Watson
�, Digitally signed by Steven Watson
S t eUP n V 1/ a� S [� n DN: cn=Steven Watson, o=Connected
Power Services, ou,
Signature emai=steve@conn power.com, c= 5
Date: 2020.06.081E-05:32-04'00'
Steve Watson
Typed/Printed Name
6/8/2020
Date
President
Title
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
6/3/2020 4:00 PM p. 87
DocuSign Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24 ty of Clermont
Bid 20-025
10
I
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 3 — JUNE 3, 2020
RFB 20-025 — ELECTRICAL IMPROVEMENTS TO LIFT STATION E5
The following represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
This addendum is being issued to incorporate all the questions and answers provided in BidSync into the
solicitation.
END OF ADDENDUM 3
This addendum must be acknowledged and may be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 20-025.
Connected Power Services
Name of Company
Digitally signed by Steven Watson
Steven
DN: cn=Steven Watson,
o=Connected Power Services, ou,
Signature Watson Power.co
m, SUS
Steve Watson Date: 2020.06.0815:06:21 -04'00'
Typed/Printed Name
6/8/2020
Date
President
Title
685 W. Montrose Street = Clermont, FL 34711 www.ClermontFL.gov
6/3/2020 4:00 PM p. 38
DocuSign Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24
SECTION — B
STATEMENT OF WORK
Successful contractor shall provide all labor, materials, equipment and tools necessary to
perform electrical improvements to lift station E5. All respondents shall hold a valid
electrical license, general license and any other contractor's license, issued by the State
of Florida, which may be required to complete the work. A copy of all licenses pertaining
to this work must be submitted with the bid. Successful respondent shall have been in the
commercial/industrial electrical business for a minimum of five (5) years and provide
evidence of such with their bid.
Respondents shall provide experienced technicians to perform all labor and provide all
materials, tools, equipment, permits and licensing necessary to perform the work.
Successful respondent is solely responsible for the safety of their employees and sub-
contractors relative to the work, work procedures, material, equipment, transportation,
signage and related activities and equipment.
The scope of work may not reflect all work and material necessary to retrofit new
installation to existing equipment. Successful respondent will be responsible for any
changes, i.e. may need new wire from generator to transfer switch; may need to replace
power distribution block in pump control panel, etc.
1 — SCOPE OF WORK
• Replace 400 amp main breaker and enclosure with new 400 amp main breaker with
Stainless Steel enclosure.
• Replace wire from load side of main breaker to transfer switch.
• Replace 400 amp transfer switch enclosure with new 400 amp transfer switch with
Stainless Steel enclosure.
• Replace wire from transfer switch to MDP.
• Add 1 new 4x4 concrete post.
• Add Stainless Steel unistrut for VFD's.
• Install three VFD's.
• VFD's will be supplies by the City of Clermont.
• Install raceway from MDP to three VFD's.
• Install raceways underground from VFD's to new 24x24x20 Hinged Stainless Steel
J box.
• Install new 24x24x10 Hinged Stainless Steel J box with backplane and tie into
existing 24x24 PVC J box.
• Install three terminal blocks in new 24x24x10 Stainless Steel J box to
accommodate pump cable leads.
• Install new Myers hub on all side penetrations on equipment.
• Replace old unistrut with new Stainless Steel unistrut.
• Use all Stainless Steel hardware.
RFB No: 20-025
Page 13 of 31
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SECTION — B
STATEMENT OF WORK
• Remove concrete slab for blower.
• Must provide backup 200 KW generator while work is being performed.
• Must coordinate with electric energy company before work is being performed.
• Pull all necessary permits and arrange for inspections as required.
• Include signed sealed drawing if needed for the permitting process.
• Post all applicable permits at job site.
• Restore gravel to existing condition.
• Provide testing and training to city employees.
• Warranty shall be one (1) yea parts and labor.
END OF SECTION — B
RFB No: 20-025
Page 14 of 31
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CONTRACT APPROVAL FORM
TO: DARREN GRAY, CITY MANAGER
FROM: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR[jr�
SUBJECT: ELECTRICAL IMPROVEMENTS TO LIFT STATION E5
DATE: JULY 22, 2020
THE PROCUREMENT SVCS. DIRECTOR RECOMMENDS THE FOLLOWING:
1. APPROVE: Agreement between the City of Clermont and Connected Power Services,
LLC. to provide electrical improvements to lift station E5. The agreement will take effect
on the date of execution by both parties and will remain in effect until work is complete.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: The Procurement Services Department issued a Request
for Bid (RFB) number 20-025 to acquire a qualified electrical contractor to provide
electrical improvements to lift station E5. The RFB was fully competed, advertised, and
complies with the City of Clermont Purchasing Policy. There were five (5) responses to
the RFB. Award is being recommended to low responsive and responsible bidder
Connected Power Services, LLC. in the lump sum price of $31,583 who complied with all
terms, conditions, and specifications stated in the RFB.
4. FISCAL IMPACT: The fiscal impact of $31,583 is included in the current fiscal year
budget.
5. EXHIBITS: Response Tabulation
Connected Power Agreement
APPROVAL AUTHORITY
Approved ❑ Disapproved ❑
Reason/Suggestion (If disapproved)
nDocuSigned by:
City Manager 7/27/2020
Signature Title Date