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Contract 2023-064ADocuSign Envelope ID: 8B86A935-1762-4028-8FAD -6C4DA8A44E92 2023-064 AGREEMENT No. 2023-064 OSCEOLA STREET SIDEWALK IMPROVEMENTS THIS AGREEMENT, is made and entered into this Tuesday, July 11, 2023, 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 B & B OUTDOOR, LLC., whose address is: P.O. Box 805, Pierson, FL 32180, (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 23-084 titled Osceola Street Sidewalk Improvements, 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 Primary Bid Price Schedule, attached hereto and incorporated herein as Exhibit "A". The total contract sum shall not exceed SIXTY-SIX THOUSAND, ONE HUNDRED TWENTY-FIVE DOLLARS ($66,125). 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 SIXTY (60) calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. FINAL COMPLETION will be FIFTEEN (15) calendar days thereafter. 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 DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 Standard Agreement RFB 23-084 Osceola Street Sidewalk Improvements 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. 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) 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 schedule 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) 1 DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 Standard Agreement RFB 23-084 Osceola Street Sidewalk Improvements 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. SubCONTRACTOR's Public Liabilitv and Propertv 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. 7.3. CITY's and CONTRACTOR's Protective Liability Insurance The CITY shall procure and furnish a CITY's and CONTRACTOR's Protective Liability Insurance Policy with the following minimum limits: A. Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit. 7.4. "XCU" (Explosion, Collapse. Underground Damage) The CONTRACTOR's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 2 DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 Standard Agreement RFB 23-084 Osceola Street Sidewalk Improvements 7.5. Broad Form Provertv Damage Coverage, Products & Completed Operations Coverages The CONTRACTOR's Liability Policy shall include Broad Form Property Damage Coverage, Products, and Completed Operations Coverages. 7.6. 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. S. 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. A. CONTRACTOR: • B&B Outdoor, LLC. 9 Attn: Bob Becker, Owner DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 Standard Agreement RFB 23-084 Osceola Street Sidewalk Improvements • P.O. Box 805, Pierson, FL 32180 A. 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 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. 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. 4 DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 Standard Agreement RFB 23-084 Osceola Street Sidewalk Improvements 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 DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 Standard Agreement RFB 23-084 Osceola Street Sidewalk Improvements C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFB 23-084 titled Osceola Street Sidewalk Improvementsand CONTRACTOR'S response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13th day of July, 2023. CITY OF CLERMONT DocuSigned by: DJ 2BA7692F758C492.. Tim Murry, Mayor ATTEST: DocuSigned by: ? Aau,,aNaw� 3AD7F34905B344A... \ Tracy Ackroyd Howe, City Clerk 0 DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 B&B OUTDOOR, LLC. By; EDocuSigned by: f707BAC185238403 (Signature) Print Name: Bob Becker Title: Vice President Date: 7/14/2023 PRICE TABLES DocuSign Envelope ID: 8B86A935-1762-4028-8FAD-6C4DA8A44E92 EXHIBIT A Primary Bid Basis of Award Line Item Description Quantity Unit of Measure 1 Osceola Street Sidewalk 1 LUMP SUM Improvements - North Side Total Alternate Bid Optional Improvements Line Item Description 2 Osceola Street Sidewalk Improvements - South Side Quantity Unit of Measure 1 LUMP SUM Unit Cost Total $66,125.00 $66,125.00 $66,125.00 Unit Cost Total $66,125.00 $66,125.00 Total $66,125.00 DocuSign Envelope ID: 8B86A935-1762-4028-8FAD -6C4DA8A44E92 Request For Bid #RFB 23-084 Title: Osceola Street Sidewalk Improvements SCOPE OF WORK Svnonsis of work This project is to construct a new concrete sidewalk along Osceola Street from Lake Avenue to 511 Street. The construction consists of installing new sidewalks on both sides of Osceola Street, removing and re -constructing existing driveways, new striping and signage at each intersection, and installing new two inch conduit for City fiber on the south side of the road only. PROJECT DRAWINGS AND TECHNICAL SPECIFICATIONS OSCEOLA STREET SIDEWALK IMPROVEMENTS PREPARED BY: HALFF ASSOCIATES, INC. 902 NORTH SINCLAIR AVE. TAVARES, FL 32778 MARCH 2O13 The complete set of Project Drawings which include the Specifications may be downloaded from the City's e-Procurement Portal and is mentioned hereto as a reference. INDEX OF DRAWINGS: SHEET 1 COVER SHEET SHEET 2 MASTER PLAN & AERIAL SHEET 3 DEMOLITION & EROSION CONTROL PLAN SHEET 4 SIDEWALK IMPROVEMENT PLAN SHEET 5 SIDEWALK GRADING PLAN SHEET 6 SODEWA;L SECTIONS SHEET 7 DETAIL SHEET SHEET 8 CITY OF CLERMONT GENERAL NOTES SHEET 9 CITY OF CLERMONT GENERAL NOTES 14