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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. 2 DocuSign Envelope ID: BD8CC7DD-5F534FOA-9CD9-6D3CEBF84E24 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. 3 DocuSign Envelope ID: BD8CC7DD-5F534FOA-9CD9-6D3CEBF84E24 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 DocuSign Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24 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 Docuftn Envelope ID: BD8CC7DD-5F53-4FOA-9CD9-6D3CEBF84E24 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