Contract 2024-002ADocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
AGREEMENT No. 2024-002
ELECTRICAL IMPROVEMENTS TO LIFT STATION E3 AND E17
THIS AGREEMENT, is made and entered into this Tuesday, February 13, 2024, 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
"CITY"), and BOB LEE ELECTRIC, INC., whose address is: 1687 Benchmark, Ave., Unit 140,
Fort Myers, FL 33905, (hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
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 24-029 titled Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2,
as prepared by the CITY 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.
2. THE CONTRACT SUM
The CITY 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 TWO HUNDRED EIGHT THOUSAND, EIGHT HUNDRED
THREE DOLLARS AND 54/100 ($208,803.54).
3. COMMENCEMENT AND COMPLETION OF WORK
A. The CONTRACTOR shall commence work within Ten (10) calendar days after receipt of
(i) Purchase Order and/or Notice to Proceed, and (ii) receipt of all permits required to
perform the work, and the CONTRACTOR will substantially complete the same within
Ninety (90) calendar days unless the period for completion is extended otherwise by the
CONTRACT DOCUMENTS.
B. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
C. The CONTRACTOR further declares to have examined the site of the work and that from
personal knowledge and experience or that CONTRACTOR has made sufficient
investigations to fully satisfy that such site is correct and suitable for the work and
CONTRACTOR 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
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DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Standard Agreement
RFB 24-029 Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
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. LIQUIDATED DAMAGES
A. 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
Purchase Order and/or Notice to Proceed, or any authorized extension thereof, the
CONTRACTOR shall pay to CITY the sum of THREE HUNDRED DOLLARS
($300.00) 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 CITY, and shall be considered not as a penalty, but in the liquidation of damages
sustained. CONTRACTOR shall pay the liquidated damages amount contained herein to
CITY within fifteen (15) days of receipt of CITY's written demand for such payment.
B. 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 scheduled for protection.
5. PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to additions
and deductions as provided, the CITY shall pay the CONTRACTOR as follows:
A. CONTRACTOR shall submit a progress payment request by the third (3rd) day of each
calendar month for work performed during the preceding calendar month. Upon
CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION,
the CITY shall make a partial payment to the CONTRACTOR, within thirty (30)
calendar days, on the basis of a duly certified and approved estimate by the CITY for
work performed during the preceding calendar month under the Contract. To insure
proper performance of the Contract, the CITY shall retain five percent (5%) of the
amount of each estimate until final completion and acceptance of all work covered by the
Contract.
B. Upon submission by the CONTRACTOR of evidence satisfactory to the CITY that all
payrolls, material bills, and other costs incurred by the CONTRACTOR in connection
with the construction of the work have been paid in full, and also, after all guarantees that
may be required in the Specifications have been furnished and are found acceptable by
the CITY, final payment on account of this Agreement shall be made within thirty (30)
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DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Standard Agreement
RFB 24-029 Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
calendar days after completion of all work by the CONTRACTOR covered by this
Agreement and acceptance of such work by the CITY.
6. DISPUTE RESOLUTION - MEDIATION
A. 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.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Clermont, Lake County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. 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.
7.2. CONTRACTOR's Commercial General Liabilitv 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, $500,000 Each, ($1,000,000
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
DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Standard Agreement
RFB 24-029 Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. 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.
8. 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:
Bob Lee Electric, Inc.
Attn: Jim Givens, President
1687 Benchmark, Ave., Unit 140, Fort Myers, FL 33905
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DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Standard Agreement
RFB 24-029 Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. Entire Aareement
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.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party'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.
DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Standard Agreement
RFB 24-029 Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
9.7. 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.
9.8. 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.
9.9. Public Records
The 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 the 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 to the CITY in a format that is compatible with
the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331.
10. CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as if herein
repeated.
Document Precedence:
A. Contract Agreement
B. Purchase Order / Notice To Proceed
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DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Standard Agreement
RFB 24-029 Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in RFB 24-029 titled Re -Bid: Electrical Improvements To Lift
Station E3, E17, and E21 and CONTRACTOR'S response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 14t" day of
February, 2024.
CITY OF CLERMONT
Docu Signed by:
2BA7692F758C492...
Tim Murry, Mayor DS
ATTEST:
DocuSigned by:
T_Wcy p4..Qyd HQ4ot
3AD7F34905B344A...
Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
BOB LEE ELECTRIC, INC.
DocuSigned by:
51A196BBF53D84CO...
M�iv�tA&S
By:
Print Name: Jim Givens
Title: President
Date: 2/27/2024
DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
CLER ONT
Chace of Champions'
City of Clermont
Procurement Services
Freddy Suarez, Procurement Services Director
685 W. Montrose Street, Clermont, FL 34711
PROPOSAL DOCUMENT REPORT
RFB No. RFB 24-029
Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
Bob Lee Electric Inc Proposal
PRICE TABLES
1 Lift Station E3 Rehabilitation
2 Lift Station E17 Rehabilitation
Loft ctatFeR E2 Raha�ilitli3R
1 Lump Sum I $104,401.77 1 $104,401.77
1 Lump Sum jjwjW1.77 1 $104,401.
c �� s1Q4 ��
4 �un�p .,a;r� s1Q4 �nn�T �nn�T
TOTAL $208,803.54
DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Request For Bid #RFB 24-029
Title: Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
3. Scope of Work
3.1. Scope of Services
The successful respondent must provide all labor, materials, equipment, and tools necessary to
perform electrical improvements to lift stations E3, E17, and E21. 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. The 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 response.
Respondents to this solicitation must provide experienced technicians to perform all labor and
provide all materials, tools, equipment, permits, and licensing necessary to perform the work.
The successful respondent is solely responsible for the safety of their employees and sub-
contractors relative to the work, work procedures, material, equipment, transportation, signage,
related activities, and equipment.
The scope of work may not reflect all work and material necessary to retrofit new installation to
existing equipment. The successful respondent will be responsible for any changes, i.e. may
need a new wire from the generator to transfer switch; may need to replace the power
distribution block in the pump control panel, etc
3.2. Lift station E-3 Electrical Rehabilitation
A. Replace non fuse disconnect with a new 300 amp Stainless Steel Non fuse disconnect.
B. Replace the existing 300 amp meter base with a new 300 amp meter base.
C. Replace the existing 300 amp main breaker and enclosure with a new 300 amp main
breaker and stainless steel enclosure.
D. Replace the 400 amp ONAN transfer switch and enclosure with a new 400 amp ONAN
transfer switch and stainless steel enclosure.
E. Replace all wiring from the generator to the transfer switch.
F. Replace all wiring from the transfer switch to the main electrical distribution panel.
G. Replace 480 VAC surge protection and 30 amp disconnect.
H. Make all electrical connections and torque properly.
I. Install new Myers hub on all penetrations.
J. Replace old unistrut supports with new stainless steel unistrut supports.
K. Use all stainless steel hardware.
L. Pull all necessary permits and arrange for inspections as required.
M. Include signed and sealed drawings, if needed for the permitting process.
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DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Request For Bid #RFB 24-029
Title: Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
N. Must provide backup 150 Kw generator while work is performed.
O. Must coordinate with the electric company before work is performed.
P. Post applicable permit at the job site.
Q. Restore gravel at the lift station to before project conditions at a minimum.
R. Provide testing and training to City of Clermont personnel.
S. Warranty supplied to the City of Clermont must be a minimum of one (1) year of parts
and labor.
3.3. Lift station El Electrical Rehabilitation
A. Replace the nonfuse disconnect with a new 400 amp Stainless Steel nonfuse
disconnect.
B. Replace the 400 amp meter base with the new 400 amp meter base.
C. Replace the 400 amp main breaker and enclosure with a new 400 amp main breaker
and Stainless steel enclosure.
D. Replace the 400 amp ONAN transfer switch and enclosure with new 400 amp ONAN
transfer switch with stainless steel enclosure.
E. Replace the wiring from the generator to the transfer switch.
F. Replace the wire from the transfer switch to the main distribution panel.
G. Replace 480 vac surge protection and 30 amp disconnect devices.
H. Make all electrical connections and torque properly.
I. Install new Myers hub on all penetrations.
J. Replace old unistrut supports with new stainless steel unistrut supports.
K. Use all stainless steel hardware.
L. Pull all permits and arrange for inspections as required.
M. Include signed and sealed drawings if needed for the permitting process.
N. Must provide a backup 150 Kw generator while work is being performed.
O. Must coordinate with the electric company before work is performed.
P. Post all applicable permits at the job site.
Q. Restore gravel to existing condition.
R. Provide testing and training to City of Clermont Personnel.
S. Warranty shall be one (1) year parts and labor.
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DocuSign Envelope ID: B3220F34-9715-457F-8F10-D40AB9DB2523
Request For Bid #RFB 24-029
Title: Re -Bid: Electrical Improvements To Lift Station E3, E17, and E21: Phase 2
3.4. Lift Station E21 Electrical Rehabilitation
A. Replace the 300 amp main breaker and enclosure with a new 300 amp main breaker
and stainless steel enclosure.
B. Replace the 300 amp ONAN transfer switch and enclosure with a new 300 amp ONAN
transfer switch and stainless steel enclosure.
C. Replace wiring from generator to transfer switch.
D. Replace wiring from the transfer switch to the main distribution panel.
E. Replace 480 vac surge protection and 30 amp disconnect devices with new 480 vac
surge protection and 30 amp disconnect devices.
F. Make all electrical connections and torque properly.
G. Install new Myers hub on all penetrations.
H. Replace old unistrut supports with new stainless steel unistrut supports.
I. Use all stainless steel hardware.
J. Pull all necessary permits and arrange for inspections as required.
K. Include signed and sealed drawings if needed for the permitting process.
L. Must provide backup 150 Kw generator while work is being performed.
M. Must coordinate with the electric company before work is performed.
N. Post all applicable permits at the job site.
O. Restore gravel to existing condition.
P. Provide testing and training to city of Clermont personnel.
Q. Warranty shall be one (1) year parts and labor.
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