Contract 2021-021ADocuSign Envelope ID: 8632996F-BO3C-4C33-B8DA-F9ICOEEOB06B #2021-021-A
AGREEMENT NO. 2021-021 FOR
ELECTRICAL REHAB TO LIFT STATION E10
THIS AGREEMENT, is made and entered into this 20th day of April
2021, 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 Folsom Services, Inc., whose address
is: 25 E. 13t' Street, St. Cloud, FL 34769, (hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the specifications
entitled:
RFB NO.21-007 titled Electrical Rehab to Lift Station E10;
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 and the Price Schedule, attached hereto and
incorporated herein as Exhibit "A". The total contract sum shall not exceed FIFTY FOUR
THOUSAND SEVEN HUNDRED AND THREE DOLLARS ($54,703).
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 THIRTY (30) calendar days, unless the period for completion is
extended otherwise by the CONTRACT DOCUMENTS. Final completion shall be
FIFTEEN (15) calendar days thereafter.
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
DocuSign Envelope ID: 8632996F-B03C-4C33-B8DA-F91COEEOBO6B
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
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 THREE HUNDRED DOLLARS ($300) 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.
ARTICLE VI — ADDITIONAL BONDS
It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bonds hereto attached for its faithful
performance and payment of labor and materials, the OWNER shall deem the Surety or
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DocuSign Envelope ID: 8632996F-B03C4C33-B8DA-F91COEEOB06B
Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be
adequate to cover the performance and payments of the work, the CONTRACTOR shall,
at his expense, and within seven (7) days after receipt of Notice from the OWNER to do
so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be
satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR
shall be deemed due under this Agreement until such new or additional security for the
faithful performance and for payment of labor and materials of the work shall be furnished
in manner and form satisfactory to the OWNER.
ARTICLE VII — DISPUTE RESOLUTION - MEDIATION
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 VIII — INSURANCE AND INDEMNIFICATION RIDER
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:
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DocuSign Envelope ID: 8632996F-BO3C-4C33-B8DA-F9ICOEEOB06B
(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.
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 IX — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
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DocuSign Envelope ID: 8632996F-B03C-4C33-B8DA-F91COEEOB06B
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: Folsom Services, Inc.
25 E. 13t' Street
St. Cloud, FL 34769
Attn: William Folsom, President
OWNER: City of Clermont
Attn: Susan Dauderis, Interim City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE X — 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.
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 party's assets, this
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DocuSign Envelope ID: 8632996F-BO3C-4C33-B8DA-F9ICOEEOB06B
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. 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 XI — 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.
0
DocuSign Envelope ID: 8632996F-B03C-4C33-B8DA-F91COEEOBO6B
Document Precedence:
1. Contract Agreement
2. Technical Plan and Specifications
3. All documents contained in RFB No.: 21-007 titled Electrical Rehab to Lift Station
E10 and CONTRACTOR'S response thereto.
4. General Requirements
5. Instructions to Bidders
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 20th day of April
CITY OF CLERMONT
LSiDocu` Y
2BA7692F758C492...
Tim Murry, Mayor
ATTEST: DS
DocuSigned by:
T4" AdAyoi Haws MW
3AD7F34905B344A...
Tracy Ackroyd Howe, City Clerk
VA
DocuSign Envelope ID: 8632996F-BO3C-4C33-B8DA-FglCOEEOB06B
Folsom Services, Inc.
E
�Doccfu�Siigned by:
`.AT►l �.V 61
BV_7AB38D88CD89403_.
(S•7ignature)
Print Name: Heather King
Title: Billing Coordinator
Date:
3/10/2021
DocuSign Envelope ID: 8632996F-B03C-4C33-B8DA-F91COEEOB06B
EXHIBIT "A"
SECTION — C
PRICE SCHEDULE
Final Completion Lump Sum Price
(Words) _ �J
(Figures) $ �fr_L
Contractor's Days to Substantial Com etion, .� 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): /' o L- 56 ✓) ' V I (' s �N (;
Street Address: / 3 r STST C16VP F�
Mailing Address (if different):
Telephone: L�6 1 !�1-2 7.3 17 Fax: 07
786 q
Email: (' I t✓L S tPI'1 'e ,`vm S f V I r:eS L-p in_Payment Terms: % days, net 3 Q
FEIN: —L J 0 Professional. License No.: AC 000 161
Signature: % f Date:
Print Name: -RV S S E L L � �_ ! S Tc N Title: L C t C rL-ti
Does the respondent accept payment using the City's MASTERCARD? Yes ❑No
END OF SECTION — C
RFB No: 21-007
Page 15 of 29
DocuSign Envelope ID: 8632996F-B03C-4C33-B8DA-F91COEEOBO6B
SECTION — B
STATEMENT OF WORK
Successful respondent must provide all labor, materials, equipment and tools necessary
to perform electrical improvements to lift station E10. All respondents must 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 response. Successful respondent must have
been in the commercial/industrial electrical business for a minimum of five (5) years and
provide evidence of such with their bid.
Successful respondent must 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 non fuse disconnect with new 400 amp Stainless Steel non fuse
disconnect.
• Replace 300 amp meter base with new 300 amp meter base.
• Replace 300 amp main breaker and enclosure with new 300 amp ,480 VAC, 35
KA main breaker with Stainless Steel enclosure.
• Replace 300 amp transfer switch and enclosure with new 300 amp transfer switch
with Stainless Steel enclosure. Cummins / Onan preferred.
• Replace three (3) - 350 KCM THHN cu and one (1) - 4/0 THHN cu wire from J box
at transformer to non -fuse disconnect.
• Replace three (3) - 350 KCM THHN cu, one (1) - 4/0 THHN cu and 1- #1 THHN cu
wire from generator to transfer switch.
• Replace three (3) - 350 KCM THHN cu, one (1) - 4/0 THHN cu and 1- #1 THHN cu
wire from transfer switch to MDP.
• Replace old 4-inch concrete post with new 4-inch aluminum post (IMC). Total of
four (4).
• Replace existing J-box to well with a 24in. x 24in. x 10in. stainless steel NEMA 4X
J-box w/backplane and hinged cover. Provide two (2) terminal blocks to
accommodate three (3) 2/0 conductors each.
RFB No: 21-007
Page 13 of 29
DocuSign Envelope ID: 8632996F-B03C-4C33-B8DA-F9ICOEEOB06B
SECTION — B
STATEMENT OF WORK
• Add 24in. x 24in. x 10in. stainless steel NEMA 4x J-box w/backplane and hinged
cover. Provide two (2) terminal blocks to accommodate three (3) 2/0 conductors
each.
• Replace #2 cu grounding electrode conductor to ground rods and replace clamps.
• Reroute 3-inch raceway from existing J-box to new J-box.
• Add 3-inch raceway underground from VFD J-box to well J-box and install 3-inch
seal off w/rigid nipples top and bottom.
• Replace four (4) 2-inch seal offs at well J-box with rigid nipples top and bottom.
• Install one (1) 3-inch and four (4) 2-inch grounding bushings in well J-box.
• Install two (2) 2-inch PVC sch 40 raceways from VFD J-box to each VFD. Total of
two (2) VFD's.
• Replace existing unistrut with stainless steel unistrut.
• Add stainless steel unistrut on back of service for VFD's.
• Use all stainless steel hardware.
• All side penetrations must have MYERS HUB.
• Mount two (2) VFD's on back side of service. VFD's provided by customer.
Dimensions for mounting will be given upon request. Programming and
connections will be done by customer.
• Install three (3) #1 THHN cu and one (1) #8 THHN cu wire for each VFD from MDP
to VFD and from VFD's to well J-box.
• Must provide backup 250 KW generator while work is being performed.
• Must coordinate with electric energy company before work is performed.
• Pull all necessary permits and arrange for inspections as required.
• Include signed sealed drawings if needed for the permitting process.
• Post all applicable permits at job site.
• Restore gravel to existing condition.
• Provide testing and training to City of Clermont employees.
• Warranty shall be one (1) year parts and labor.
END OF SECTION — B
RFB No: 21-007
Page 14 of 29
DocuSign Envelope ID: 8632996F-BO3C4C33-B8DA-F91COEEOB06B
Choice of Champions'
FREDDY L. SUAREZ
Procurement Services Director
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 1 — JANUARY 20, 2021
RFB 21-007 — ELECTRIC REHAB TO LIFT STATION E10
The following represents clarification additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as vart of the bid.
This addendum is being issued to incorporate all the questions and answers provided in BidSync into the
solicitation.
END OF ADDENDUM 1
This addendum must be acknowledged and may be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 21-007.
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685 W. Montrose Street o Clermont, FL 34711 o www,ClermontFL.gov
DocuSlgn Envelope ID: 8632996F-BO3C-4C33-B8DA-F9ICOEEOB06B
CL.E
Choice of Champions'
FREDDY L. SUAREZ
Procurement Services Director
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 2 — JANUARY 26, 2021
RFB 21-007 - ELECTRICAL REHAB TO LIFT STATION E10
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.
Change Response Due Date from . to February 11, 2021 at 2:00
P.M.
• Change Deadline for Written Questions from . to February 3, 2021
at 3:00 P.M
• Additions to Section B, Scope of Work.
o Replace three (3) - 350KCM THHN cu and one (1) - 4/0 THHN cu conductors from non -
fuse disconnect to meter.
o Replace three (3) - 350KCM THHN cu and one (1) -4/0 THHN cu conductors from load
side of main breaker to transfer switch.
END OF ADDENDUM 2
This addendum must be acknowledged and may be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 21-007.
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685 W. Montrose Street o Clermont, FL 34711 o www.ClermontFL.gov
DocuSign Envelope ID: 8632996F-BO3C-4C33-B8DA-F9ICOEEOB06B
CLERWONT
Chiefohmpion'ocCas
FREDDY L. SUAREZ
Procurement Services Director
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 3 — FEBRUARY 4, 2021
RFP 21-007 — ELECTRICAL REHAB TO LIFT STATION El
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.
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 RFP 21-007.
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685 W. Montrose Street o Clermont, FL 34711 o www.ClermontFL.gov