Contract 2024-052ADocusign Envelope ID: BB135756-AC3C-4BB4-9BAD-D383DB3A7F29
AGREEMENT No. 2024-052
CONSTRUCTION OF PICKLEBALL COURTS
THIS AGREEMENT, is made and entered into this August, August 27, 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. 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:
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 24-101 titled Construction of Pickleball Courts,
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 ONE HUNDRED SIXTEEN THOUSAND, TWO HUNDRED
FIFTY DOLLARS ($116,250).
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
ON HUNDRED FIFTY (150) calendar days unless the period for completion is extended
otherwise by the CONTRACT DOCUMENTS. Final completion is THIRTY (30) 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
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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.
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
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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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
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The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. 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.
7.4. CITY's and CONTRACTOR's Protective Liabilitv 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.
7.5. "XCU" (Explosion, Collapse, Underground Damage)
The CONTRACTOR's Liability Policy shall provide "XCU" coverage for those classifications in
which they are excluded.
7.6. Broad Form Provertv Damaize Coverage, Products & Completed Operations Coverages
The CONTRACTOR's Liability Policy shall include Broad Form Property Damage Coverage,
Products, and Completed Operations Coverages.
7.7. 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
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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
32132 Hickory Lane, Sorrento, FL 32776
Attn: Mindy Medley
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. 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
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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 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
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
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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:
A. Contract Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in RFB 24-101 titled Construction of Pickleball Courts and
CONTRACTOR's response thereto.
E. Performance and Payment Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 27 day of
August, 2024.
CITY OF CLERMONT
Signed by:
2BA7692F758C492... /�-- DS
Tim Murry, Mayor
ATTEST:
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DocuSigned by:
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Tracy Ackroyd Howe, City Clerk
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WILLIAM MEDLEY CONSTRUCTION, INC.
D/B/A MEDLEY SPORTS CONSTRUCTION
DocuSigned by:
E
By:AB96294321464DO
Print Name:
Erik Medley
Title: President
Date: 9/4/2024
Docusign Envelope ID: BB135756-AC3C-4BB4-9BAD-D383DB3A7F29
EXHIBIT "A"
City of Clermont
ERO Procurement Services
Freddy Suarez, Procurement Services Director
Choice of Champions' 685 W. Montrose Street, Clermont, FL 34711
[WILLIAM MEDLEY CONSTRUCTION INC] RESPONSE DOCUMENT REPORT
RFB No. RFB 24-101
Construction of Pickleball Courts
RESPONSE DEADLINE: August 8, 2024 at 2:00 pm
Report Generated: Wednesday, August 28, 2024
PRICE TABLES
TOTAL $116,250.00
Docusign Envelope ID: BB135756-AC3C-4BB4-9BAD-D383DB3A7F29
Request For Bid #RFB 24-101
Title: Construction of Pickleball Courts
I Scope of Work
3.1. Pickleball Courts
Construct six (6) new pickleball courts as described below.
A. Remove the earth and grass at the site.
B. Laser grade and compact earth to accept courts.
C. The new courts should be placed approximately twelve feet (12') east of existing courts,
one percent (1 %) grade lower than existing courts.
D. Install a six-inch (6") crushed rock base, laser grade, and compact to one percent (1%).
E. Install one-half inch (1.5") of S-3 Hot Mix Asphalt compacted and laser paved.
F. Flood courts with water to check for planarity, identify low areas (birdbaths), and correct
as needed according to U.S. court specifications.
G. Install six (6) sets of pickleball net post footers according to ASBA specifications.
H. Install one (1) Laykold Base coat.
I. Install two (2) Laykold Masters Filler coats.
J. Install two (2) Laykold Masters Color top coats.
K. DecoColor and Plexipave are acceptable manufacturers.
L. Apply game lines according to ASBA specifications.
M. Install Pickleball net posts and nets to match existing pickleball courts.
N. The court surface color should match the existing pickleball court.
3.2. Minimum Qualification
A. Respondents must have experience working with municipal/government clients, which
includes working with the local community on pickleball projects. Provide three examples
of the completed work for a municipal/government entity.
B. Who from the company will be working on this project? Provide a specific staff person's
name, job title, and resume of relevant work experience, and indicate, by percentage,
the approximate amount of time each person will spend on this project.
C. Who will be the day-to-day contact, and what are their qualifications for managing this
project?
3.3. Warranty
All respondents must provide, at minimum, the following warranty.
A. One (1) year warranty on asphalt surface and base work.
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Request For Bid #RFB 24-101
Title: Construction of Pickleball Courts
B. Five (5) year warranty on Laykold Masters Surfacing System.
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