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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 2 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: 3 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 4 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 5 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. OLSOW1 SOVICE-5 M C O a 26 2 770 C cL oc � CT $ignahjre Tive ?�ssrLL C, LL t sirN 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. FOLSoft\ J1:2vtCF5 t C- Name Tie C 200'� Sign IUM Typedl ftW Name 0 2 i t 20 2) Date E LCCI Tide 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. 0L50fn S OPVkCe5 T'NC Nine of 7L C Signature ?\)5 e0l C !e 1 s-�en Typedff"ftd Name 02 i l 202) Date E LAC inCrR 685 W. Montrose Street o Clermont, FL 34711 o www.ClermontFL.gov