Contract 2022-017ADocuSign Envelope ID: 2C605D1B-31DC-4D30-BB77-DD995669DDE3
AGREEMENT NO. 2022-017 FOR
RESURFACING OF LAKE FELTER PARK TENNIS COURT
THIS AGREEMENT, is made and entered into this 22 day of February
2022, 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 William Medley Construction, Inc.
d/b/a Medley Sports Construction, whose address is: 32132 Hickory Lane, Sorrento, FL
32776, (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. 22-006 titled Resurfacing of Lake Felter Tennis Court
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 2 — 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" and the Statement of Work, attached hereto and incorporated herein
as Exhibit `B". The total contract sum shall not exceed SEVENTY FOUR THOUSAND
THREE HUNDRED FIFTY DOLLARS ($74,350).
ARTICLE 3 — COMMENCEMENT AND COMPLETION OF WORK
3.1. 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 ONE HUNDRED TWENTY (120) calendar days, unless the period
for completion is extended otherwise by the CONTRACT DOCUMENTS. Final
completion shall be FIFTEEN (15) calendar days thereafter.
3.2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
DocuSign Envelope ID: 2C605D1B-31DC-4D30-BB77-DD995669DDE3
3.3. 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.
ARTICLE 4 — LIQUIDATED DAMAGES
4.1. 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 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.
4.2. 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 5 — 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 6 — 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
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,
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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 7 — DISPUTE RESOLUTION - MEDIATION
7.1. 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.
7.2. The Owner and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
7.3. 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 8 — INSURANCE AND INDEMNIFICATION RIDER
8.1. 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.
8.2. 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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(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.
8.3. SubCONTRACTOR's Public Liability and Property Damage Insurance — The
CONTRACTOR shall require each of his subCONTRACTORs to procure and
maintain during the life of this subcontract, insurance of the type specified above
or insure the activities of his subCONTRACTORs in his policy, as specified above.
8.4. 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.
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ARTICLE 9 — 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: William Medley Construction, Inc.
d/b/a Medley Sports Construction
32132 Hickory Lane
Sorrento, FL 32776
Attn: Mindy Medley, V.P.
OWNER: City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 10 —MISCELLANEOUS
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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.
10.5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
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prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
10.6. Assi ng ment — 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
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.
10.7. 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.
10.8. 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.
10.9. 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.
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ARTICLE 11— 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:
11.1. Contract Agreement
11.2. All documents contained in RFB No.: 22-006 titled Resurfacing of Lake Felter Park
Tennis Court and CONTRACTOR's response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 22 day of February , 2022
CITY OF CLERMONT
DocuSigned by:
DS
192...
Tim Murry, Mayor
ATTEST:
—DocuSigned by:
T*Acy Aa"y-4 Howe
Tracy Ackroyd Howe, City Clerk
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WILLIAM MEDLEY CONSTRUCTION, INC.
DB/A MEDLEY SPORTS CONSTRUCTION
DocuSigned by:
E%-wayl�
By: 94321464D9...
(Signature)
Print Name: Erik William
Title: President
Date: 3/2/2022
DocuSign Envelope ID: 2C605D1 B-31 DC-4D30-BB77-DD995669DDE3
EXHIBIT "A"
SECTION — C
PRICE SCHEDULE
Final Completion Lump Sum Price
(Words) _
(Figures) $
Seventy Four Thousand, Five Hundred Dollars and Zero Cents
74, 500.00
Contractor's Days to Final Completion: 60 Calendar Days.
Not to Exceed: Sixty (60) 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): Medley Sports Construction
Street Address: 32132 Hickory Lane Sorrento, FL 32776
Mailing Address (if different): Same
Telephone: (352) 455-4105 Fax:
Email: Mindy@Medleyconstruction.com Payment Terms: 50 % 30 days, net
FEIN: 26 - 1612878 Professional. License No.: CGC1515598
Signature: Mindy Medley Date: 121212021
Print Name: Mindy Medley Title: VP/Office Manager
Does the respondent accept payment using the City's MASTERCARD? ❑ Yes El No
END OF SECTION — C
RFB No: 22-006
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DocuSign Envelope ID: 2C605D1 B-31 DC-4D30-BB77-DD995669DDE3 c"��HIBIT B"
SECTION — B
STATEMENT OF WORK
The City of Clermont intends to make improvements the tennis court at Lake Felter Park
by resurfacing existing the tennis court. Lake Felter Park location is 1750 Johns Lake
Road, Clermont, FL. Successful respondent shall provide all labor, materials, equipment,
fuel and other incidental costs and supervision necessary to complete the work. All work
and installation of materials shall be in strict compliance with latest codes, standards, and
practices and shall be installed by qualified tradesmen. All work and installation shall be
conducted as per manufacturer's specifications and recommendations, or as otherwise
directed by City's Project Manager. The City's project manager will review the work
performed and determine compliance prior to final work acceptance. Successful
respondent must remove from the site all excess materials, soil, debris, equipment, to the
satisfaction of City's Project Manager upon final inspection.
1 — TENNIS COURT RESURFACE
a. Existing asphalt removal — Remove and dispose of existing asphalt (existing post
footers to remain).
b. Repair and prepare base for new asphalt surface.
C. Install 1.5-inch asphalt surface.
d. Paint and stripe for tennis as well as Pickle Ball.
e. Reuse existing net and post.
f. Fence the work area to block access to the court.
g. Apply coats of Acrylic Resurfacer as required by surface roughness and porosity
to provide a smooth underlayment for application of the Color System.
END OF SECTION — B
RFB No: 22-006
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