Contract 2024-051ADocusign Envelope ID: DE815F3A-414F-473B-B679-B208B9E3C18B
AGREEMENT No. 2024-051
CONSTRUCTION OF NINETY-SIX NICHE ROUND COLUMBARIUM RE -BID
THIS AGREEMENT, is made and entered into this 27th day of August, 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 REYES REAL ESTATE LLC DBA REYES SOURCING, whose address is: 4481
Powderhorn Place Drive, Clermont, FL 34711, (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 24-105 titled Construction of Ninety -Six Niche Round Columbarium 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 THIRTY-FIVE THOUSAND DOLLARS ($35,000).
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
Forty-five (45) 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
understands the same and agrees to their sufficiency for the work to be done. It is
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RFB 24-105 Construction of Ninety -Six Niche Round Columbarium Re -Bid
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 ONE HUNDRED DOLLARS ($100) 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)
calendar days after completion of all work by the CONTRACTOR covered by this
Agreement and acceptance of such work by the CITY.
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RFB 24-105 Construction of Ninety -Six Niche Round Columbarium Re -Bid
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 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:
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
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
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RFB 24-105 Construction of Ninety -Six Niche Round Columbarium Re -Bid
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:
Reyes Sourcing LLC DBA Reyes Sourcing
4481 Powderhorn Place Drive, Clermont, FL 34711
Attn: Jeffrey Reyes, CEO
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RFB 24-105 Construction of Ninety -Six Niche Round Columbarium Re -Bid
OWNER:
City of Clermont
685 W. Montrose Street, Clermont, FL 34711
Attn: Brian Bulthuis, City Manager
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
9. MISCELLANEOUS
9.1. Attomevs' 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. Assi n ment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either parry's assets, this Agreement is personal to the parties hereto and
Docusign Envelope ID: DE815F3A-414F-473B-B679-B208B9E3C18B
RFB 24-105 Construction of Ninety -Six Niche Round Columbarium Re -Bid
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
the CITY.
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, including the following:
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
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. The CONTRACTOR shall make reasonable
efforts to provide all records stored electronically to the CITY in a format 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:
0
Docusign Envelope ID: DE815F3A-414F-473B-B679-B208B9E3C18B
RFB 24-105 Construction of Ninety -Six Niche Round Columbarium Re -Bid
A. Contract Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in RFB 24-105 titled Construction of Ninety -Six Niche Round
Columbarium Re-Bidand CONTRACTOR's response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 27`I' day of
August, 2024
CITY OF CLERMONT
Signed by:
ftial& 6V"S
� 534781168A394C8...
Brian Bulthuis, City Manager
DS
ATTEST:
----DocuSigned by:
T4.cy Ac4ayd Howe
Tracy Ac �7F� HowB364& Clerk
7
Docusign Envelope ID: DE815F3A-414F-473B-B679-B208B9E3C18B
REYES REAL ESTATE LLC DBA REYES SOURCING
DocuSigned by:
By: Yoy;fie y �e Z e5
y �-36961313EEC2A04AA...
Print Name: 3 EFFREY REYES
Title: CEO
Date: 8/27/2024
Docusign Envelope ID: DE815F3A-414F-473B-B679-B208B9E3C18B
Exhibit A
City of Clermont
CLER ONT Procurement Services
Shdce ofChampion>— Freddy Suarez, Procurement Services Director
685 W. Montrose Street, Clermont, FL 34711
TABLE 1
1
EVALUATION TABULATION
RFB No. RFB 24-105
Construction of Ninety -Six Niche Round Columbarium Re -Bid
RESPONSE DEADLINE: August 22, 2024 at 2:00 pm
Furnish and Install Round Granite 96 Niche Columbarium
1 1 Each I $35,000.00 1 $35,000.00
Total 1 $35,000.00
Docusign Envelope ID: DE815F3A-414F-473B-B679-B208B9E3C18B
Request For Bid #RFB 24-105
Title: Construction of Ninety -Six Niche Round Columbarium Re -Bid
I Scope of Work
3.1. Statement of Work
Furnish and install a round ninety-six (96) niche columbarium in gray granite. Respondent must
furnish all labor, materials, parts, and equipment necessary to transport and install the round
columbarium at the Oak Hill Cemetery, whose address is 801 East Avenue, Clermont, Florida.
All materials must be of high quality to complete the work described herein. After completion,
the successful respondent must clean and restore the work area to its original condition. A
diagram of the columbarium, along with the concrete base, is provided as an attachment to this
solicitation.
The successful respondent must provide the following:
A. Furnish and install one (1) new preassembled round columbarium with ninety-six (96)
niches in total.
B. The columbarium must have gray granite for the interior and exterior.
C. The columbarium must match the existing columbarium in the area.
D. The columbarium exterior must be polished gray granite with a four -inch (4") thick
granite floor.
E. Individual niche doors must be black granite and meet the attached specifications.
F. Columbarium niche sizes must be at least 12in. x 12in. x 12in., there must be a total of
ninety-six (96) niches that meet the attached specifications.
G. The City will provide the concrete base for the columbarium.
H. The successful respondent must provide all tools and materials to seal the columbarium
to the base.
The drawings provided in this solicitation are for reference only. Companies submitting a bid to
this solicitation must upload their own drawings of their round ninety-six niche columbarium.
14
Docusign Envelope ID: DE815F3A-414F-473B-B679-B208B9E3C18B
Of
N
CDERo T
Choice of ChampionsF'
NOTICE TO PROCEED
August 27, 2024
Reyes Sourcing LLC DBA Reyes Sourcing
4481 Powderhorn Place Drive, Clermont, FL 34711
Attn: Jeffrey Reyes, CEO
FREDDY L. SUAREZ
Procurement Services Director
Procurement Services Department
352-241-7350
fsuarez@clermontfl.org
Re: RFB 24-105 Construction of Ninety -Six Niche Round Columbarium Re -Bid
Contract Amount: $35,000.00
You are hereby notified to commence work on the above reference contract on or before September 16,
2024 and are to complete the work within Forty-five (45) consecutive calendar days thereafter.
The contract provides for assessment of liquidated damages of $100 for each consecutive calendar day
after the above final completion date, that the work remains incomplete.
DocuSigned by:
Dated this 27 day of August 2024 Su"
�g7i�p4 g&[QP.PB, Procurement Services Director
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice To Proceed is hereby acknowledge this 27 day of
August 2024.
DocuSigned by: �+
yoy;� e y 1i�e CEO
&,traaNeD§FRCar2A04AA... Title
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov