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Contract 2024-065ADocusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B AGREEMENT No. 2024-065 HANCOCK PARK TENNIS COURT RESURFACING THIS AGREEMENT, is made and entered into this Friday, November 7, 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 COASTAL COURTS, LLC., whose address is: 532 1st Ave., Altamonte Springs, FL, 32714, (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 25-011 titled Hancock Park Tennis Court Resurfacing, 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 FOUR TEEN THOUSAND NINE HUNDRED EIGHTEEN DOLLARS ($14,918). 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 Ninety (90) calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Final completion shall 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 1 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B Standard Agreement RFB 25-011 Hancock Park Tennis Court Resurfacing 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 ONE HUNDRED DOLLAR ($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 scheduled for protection. 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 of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 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 2 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B Standard Agreement RFB 25-011 Hancock Park Tennis Court Resurfacing 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. 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 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B Standard Agreement RFB 25-011 Hancock Park Tennis Court Resurfacing 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: Coastal Courts, LLC. 532 1 st Ave., Altamonte Springs, FL, 32714 Attn: Nicholas J. Knarr, Owner OWNER: City of Clermont 685 W. Montrose Street, Clermont, FL 34711 Attn: Freddy Suarez, Procurement Services Director 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. 4 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B Standard Agreement RFB 25-011 Hancock Park Tennis Court Resurfacing 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 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. Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B Standard Agreement RFB 25-011 Hancock Park Tennis Court Resurfacing 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: A. Contract Agreement B. Purchase Order / Notice To Proceed C. All documents contained in RFB 25-011 titled Hancock Park Tennis Court Resurfacingand CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8th day of November, 2024. 11 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B Standard Agreement RFB 25-011 Hancock Park Tennis Court Resurfacing CITY OF CLERMONT DocuSigned by: 431 F57D413554D6... DS Freddy L. Suarez, Procurement Services Dit-e**ctor ATTEST: ETDocuSigned by: 4. A fl"t 3AD7F349n,R'AAAA Tracy Ackroyd Howe, City Clerk 7 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B COASTAL COURTS, LLC. (Signed�b�y�: 1 "l� C-l�liliLY Y By: 04FF80154B7F458.._ Print Name: Nick Knarr Title: Owner Date: 11/7/2024 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B [COASTAL COURTS] RESPONSE DOCUMENT REPORT RFB No. RFB 25-011 Hancock Park Tennis Court Resurfacing Hancock Park Tennis Court Resurfacing TOTAL [COASTAL COURTS] RESPONSE DOCUMENT REPORT Request For Bid - Hancock Park Tennis Court Resurfacing LUMP SUM I $14,918.00 $14,918.00 $14,918.00 Page 11 Docusign Envelope ID: 48BCF9CA-99B0-496E-A105-EA441095B28B 6" CLER ONT Chace of Chamµons Company: Coastal Courts Email: rob@coastalcourts.com Contact: Robert Knarr Address: 2172 Platinum Rd Unit J Apopka, FL 32703 Phone: (407) 822-9955 Website: coastalcourts.com Submission Date: Oct 16, 2024 9:00 PM (Eastern Time) City of Clermont Procurement Services Freddy Suarez, Procurement Services Director 685 W. Montrose Street, Clermont, FL 34711 [COASTAL COURTS] RESPONSE DOCUMENT REPORT RFB No. RFB 25-011 Hancock Park Tennis Court Resurfacing. RESPONSE DEADLINE: October 24, 2024 at 2:00 pm Report Generated: Thursday, October 24, 2024 Coastal Courts Response CONTACT INFORMATION