Contract 2024-008ADocuSign Envelope ID: 3BA7147B-7B36-463C-843A-6BE9F38C77D8
AGREEMENT No. 2024-008
LAKE FELTER BASKETBALL COURT RESURFACING
THIS AGREEMENT, is made and entered into this Tuesday, January 23, 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 WILLIAM MEDLEY CONSTRUCTION, INC. DB/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:
1. 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 24-042 titled Lake Felter Basketball Court Resurfacing Re -Bid,
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 SIXTY-NINE THOUSAND NINE-HUNRED FIFTY DOLLARS
($69,950).
3. COMMENCEMENT AND COMPLETION OF WORK
A. The CONTRACTOR shall commence work within Fourteen (14) calendar days after
receipt of (1) 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
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RFB 24-042 Lake Felter Basketball Court Resurfacing Re -Bid
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)
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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, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
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RFB 24-042 Lake Felter Basketball Court Resurfacing Re -Bid
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:
Medley Sports Construction
Attn: Erik Medley, President
32132 Hickory Lane, Sorrento, FL 32776
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RFB 24-042 Lake Felter Basketball Court Resurfacing Re -Bid
OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. Attornevs' 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.
DocuSign Envelope ID: 3BA7147B-7B36-463C-843A-6BE9F38C77D8
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RFB 24-042 Lake Felter Basketball Court Resurfacing Re -Bid
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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RFB 24-042 Lake Felter Basketball Court Resurfacing Re -Bid
C. All documents contained in RFB 24-042 titled Lake Felter Basketball Court Resurfacing
Re -Bid and CONTRACTOR'S response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 30th day of
January, 2024.
CITY OF CLERMONT
DocuSigned by:
2BA7692F758C492... D.S
Tim Murry, Mayor
ATTEST:
E
DocuSigned by:
Ad
3AD7F34905B344A...
Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: 3BA7147B-7B36-463C-843A-6BE9F38C77D8
WILLIAM MEDLEY CONSTRUCTION, INC.
d/b/a MEDLEY SPORTS CONSTRUCTION
DocuSigned by:
I
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By: AB96294321464D9...
Print Name:
Erik Medley
Title: President
Date: 1/30/2024
DocuSign Envelope ID: 3BA7147B-7B36-463C-843A-6BE9F38C77D8
EXHIBIT A
d"
CLER ONT
Choice 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 24-042
Lake Felter Basketball Court Resurfacing Re -Bid
RESPONSE DEADLINE: January 4, 2024 at 12:00 am
Medley Sports Construction Proposal
PRICE TABLE
TOTAL $69,950.00
DocuSign Envelope ID: 3BA7147B-7B36-463C-843A-6BE9F38C77D8
Request For Bid #RFB 24-042
Title: Lake Felter Basketball Court Resurfacing Re -Bid
3. Scope of Work
3.1. Scope of Services
The City of Clermont intends to resurface the west side basketball court at Lake Felter Park as
per the specifications provided below. The Lake Felter Park location is 1750 Johns Lake Road,
Clermont, FL.
The successful respondent must provide all labor, materials, equipment, fuel, and other
incidental costs and supervision necessary to complete the work. All work and installation of
materials must be in strict compliance with the latest codes, standards, and practices and must
be installed by qualified tradesmen. All work and installation must be conducted as per the
manufacturer's specifications and recommendations, or as otherwise directed by the City's
Project Manager. The City's project manager will review the work performed and determine
compliance prior to final work acceptance. The successful respondent must remove from the
site all excess materials, soil, debris, and equipment, to the satisfaction of the City's Project
Manager upon final inspection.
A. BASKETBALL COURT RESURFACING (ASPHALT)
1. Remove and dispose of existing asphalt (existing post footers to remain).
2. Repair and prepare a base for the new asphalt surface.
3. Install a 1.5-inch asphalt surface.
4. Paint and stripe for basketball.
5. Reuse existing net and post.
6. Flood the entire surface checking for minor depressions or irregularities. Any puddled
areas that hold water deep enough to cover a nickel or 1/8-inch must be repaired.
7. The basketball court must cure for at least thirty (30) days or approved by staff as
completely dried before applying any coatings. The court must be clean and
completely dry.
8. Apply two (2) coats of Acrylic Surfacer to the entire court.
9. Apply two (2) coats of Color / Topcoat.
10. The basketball court must dry for a minimum of five (5) hours prior to application of
playing lines.
11. Apply 2-inch wide regulation curt lines.
12. The courts are to be oriented north -south. Each court must be eighty-four (84) feet
long by forty-six (46) feet wide. The courts must be centered inside the existing
fence.
13. Fence the work area to block access to the court.
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DocuSign Envelope ID: 3BA7147B-7B36-463C-843A-6BE9F38C77D8
Request For Bid #RFB 24-042
Title: Lake Felter Basketball Court Resurfacing Re -Bid
14. Apply coats of Acrylic Resurfacer as required by surface roughness and porosity to
provide a smooth underlayment for the application of the Color System.
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