Contract 2024-079ADocusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 AGREEMENT No. 2024-079 LEVEL AND SEAL POOL DECK PAVERS THIS AGREEMENT, is made and entered into this Wednesday, December 11, 2025, 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 SHAWNTELLE CONSULTING AND DESIGN, LLC., whose address is: 12475 Hull Road, Clermont, FL 34711, (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 25-018 titled Level and Seal Pool Deck Pavers, 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 EIGHTEEN THOUSAND NINE HUNDRED NINETY-NINE DOLLARS ($18,999). 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) 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 1 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers 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 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 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 upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers 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. SubCONTRACTOR's Public Liability and Property 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 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. 7.5. "XCU" (Explosion, Collapse, Underground Damage) The CONTRACTOR's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers 7.6. Broad Form Property Damage 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 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. CONTRACTOR: Shawntelle Consulting and Design, LLC. 4 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers 12475 Hull Road, Clermont, FL 34711 Attn: Jeremiah Nicholas, Director of Contract Management 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. 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. Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers 9.6. Assi _ ng 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 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 11 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers 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 25-018 titled Level and Seal Pool Deck Pavers and CONTRACTOR's response thereto. 7 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF CLERMONT DocuSigned by: 431F57D413554D6... SIGNATURE Freddy L. Suarez ATTEST DocuSigned by: T,cy p¢yd HQ�v� SIGNATURE Tracy Ackroyd Howe FULL NAME FULL NAME Procurement Services Director City Clerk TITLE TITLE 12/23/2024 12/26/2024 -� DS DATE SIGNED DATE STAMP Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Standard Agreement RFB 25-018 Level and Seal Pool Deck Pavers SHAWNTELLE CONSULTING AND DESIGN, LLC. Signed by: BSCCA6D3258A4A9... SIGNATURE Shawntelle Virag FULL NAME CEO TITLE 12/20/2024 DATE SIGNED Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 EXHIBIT "A" [SHAWNTELLE CONSULTING AND DESIGN LLC] RESPONSE DOCUMENT REPORT RFB No. RFB 25-018 Level and Seal Pool Deck Pavers Confirmed PRICE TABLES [SHAWNTELLE CONSULTING AND DESIGN LLC] RESPONSE DOCUMENT REPORT Request For Bid - Level and Seal Pool Deck Pavers Page 11 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 City of Clermont Procurement Services Department CLER ONT 685 W. Montrose Street Choice of Champions" Clermont, FL 34711 VENDOR INFORMATION The following information along with a current W-9 form must be provided to the Procurement Services Department for all new vendors and when current vendors remit information changes. Name of Individual or Business: Shawntelle Consulting and Design LLC Contact Person and Title: Jeremiah Nicholas - Director of Contract Management Vendor Street Address: 12475 Hull Rd Vendor City, State, ZIP: Clermont, FL 34711 Vendor Mailing Address (if different from above): Vendor Email Address: Jeremiah@worldspireconsulting.com & shawntellecd@gmail.com Vendor Email Address for Purchase Order (if different from above): Phone Number: 689-310-5360 Fax Number: Taxpayer Identification Number (include a copy of your W9 form): 81-1121216 Remit to Information (if different from above): Payment Remit to Name: Payment Remit to Address: Payment Remit to City, State, ZIP: Please return the completed Vendor Information along with the required W-9 form by email to: procurementservices(a-)clermontfl.org For any questions, please call the Procurement Services Department at (352) 241-7350. Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Request For Bid #RFB 25-018 Title: Level and Seal Pool Deck Pavers I Scope of Work 3.1. Proiect Summary The City of Clermont, FL, is seeking proposals from qualified contractors for the leveling and sealing of pool deck pavers located at the Clermont Arts and Recreation Center, 3700 S. Highway 27, Clermont, FL. This scope of services details the expectations for the successful leveling, cleaning, and sealing of paver surfaces to ensure the safety, aesthetic quality, and durability of our recreational areas. The successful respondent will be responsible for providing all labor, materials, tools, and equipment necessary to complete the project in accordance with the specifications outlined in this document. The successful respondent will assess the condition of the pool pavers and make repairs as needed and must provide an arial diagram noting the areas that will be corrected with their bid. The work involves: • Replacing all existing pool pavers that are cracked, broken, uneven, or create a trip hazard with the same or similar type of paver. • Correct drainage/slope issues in areas where water puddles on the pool deck. Pavers must be installed with a slight slope away from the pool and toward existing drains. • Add a new ground drain line in areas where slope issues cannot be corrected. • Ensure the paver base is level and compact to prevent further sinking or shifting. Use Sakrete paver BASE step 1 or approved alternate product. • Fill and compact all gaps and joints between pavers using high -quality polymeric sand. • Use edging materials when necessary to keep pavers in place. • Pressure wash pavers and seal the entire pool deck using a high -quality, non -slip sealer to prevent weed growth and mildew. The City of Clermont strives to maintain its community amenities at the highest standards. By following the specifications outlined in this scope of work, the successful respondent will help improve the safety and aesthetics of our pool deck pavers, ensuring a pleasant recreational experience for our residents and visitors. The City will consider the qualifications, experience, and proposed methodology of the bidders during the selection process, and we anticipate a successful partnership that will benefit both parties. All submissions must adhere to the requirements outlined in this scope of work. We look forward to receiving your proposals and appreciate your interest in contributing to the City of Clermont's commitment to quality community services. 3.2. Detailed Specifications The following tasks must be performed. A. Inspection and Assessment: 14 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Request For Bid #RFB 25-018 Title: Level and Seal Pool Deck Pavers o Conduct a comprehensive inspection of all pool deck paver areas to evaluate existing conditions. o Identify any pavers that are significantly misaligned, damaged, or require replacement. o Document findings and provide a detailed report with recommendations. B. Preparation of Site: o Clear the area of all furniture and accessories before commencing work. o Implement safety measures to protect the surrounding environment and ensure public safety. o Ensure that all necessary permits and approvals are obtained before starting work. C. Leveling of Pavers: o Remove any existing sand joint material as required to achieve proper leveling. o Adjust existing pavers to correct misalignments and provide an even surface. o Utilize appropriate leveling techniques, such as installing additional sand or adjusting base material, to ensure a stable and secure foundation. D. Cleaning Pavers: o Utilize power washing or steam cleaning methods to remove any dirt, moss, or algae from paver surfaces. o Use environmentally friendly cleaning agents as per OSHA regulations to prevent harm to local flora and fauna. o Allow adequate drying time for the paver surfaces post -cleaning before proceeding to sealing. E. Sealing of Pavers: o Select a high -quality sealant that complies with ASTM C1315 —Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete. o Apply sealant evenly across all surfaces, ensuring full coverage while avoiding puddling and pooling. o Follow the manufacturer's recommendations for curing times to ensure optimal performance of the sealant. F. Final Inspection: o Conduct a final walkthrough with City representatives to verify the quality of work performed. o Address any concerns or minor touch-ups identified during the walkthrough. 15 Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Request For Bid #RFB 25-018 Title: Level and Seal Pool Deck Pavers o Provide a maintenance instruction guide for the longevity of the sealant and paver integrity. 3.3. Standards The successful respondent must adhere to the following relevant standards: A. All work must comply with the Occupational Safety and Health Administration (OSHA) regulations. B. Adhere to the American National Standards Institute (ANSI) guidelines for safety and performance. C. Follow ASTM Guidelines: o ASTM C1315 for liquid membrane -forming curing compounds. o ASTM D6690 for joint sealants for concrete pavement. 3.4. Service Requirements The successful respondent must provide: A. All necessary tools and equipment for the execution of the tasks outlined in this scope of work. B. A dedicated project manager to oversee the execution of the work and serve as the main point of contact for City representatives. 3.5. Delivery Requirements The successful respondent must ensure the following: A. The project is completed within forty-five (45) calendar days from the notice to proceed. B. Proper scheduling and notification to the City before starting work to minimize public disruption. C. All waste materials and equipment are disposed of offsite in accordance with local, state, and federal regulations. D. Continuous communication with City staff throughout the duration of the project to provide updates on progress and any issues that arise. 3.6. Minimum Qualifications In determining where a respondent is responsive and/or awarding the contract, in addition to price, the following will be considered: A. The respondent's ability, capacity, and skill to perform the work within the time specified, without delay or interference, including but not limited to any issue related to performance on prior contracts between the respondent and the City. Docusign Envelope ID: 17COF530-ABFC-4FBB-9A61-B42DEFEC6B95 Request For Bid #RFB 25-018 Title: Level and Seal Pool Deck Pavers B. Must currently hold all required licenses and certificates for the project described herein upon meeting the qualifications: 1. The respondent must be properly licensed by the State of Florida to complete this project. 2. Provide evidence of all licenses and certifications that the respondent holds. C. Must have completed a minimum of five (5) similar works as described in this project in the last three (3) years. List all similar projects undertaken in the past three (3) years. Describe the scope of each project in physical terms and by cost and dates of service. Provide the respondent's responsibilities, and provide the name, telephone number, and email address of an individual in a position of responsibility who can attest to the respondent's activities in relation to this project. D. Subcontractors Qualification: Provide a list of sub -contractors (if any) to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information, must be included. 2. Provide a list of projects the respondent and Subcontractor have worked on and describe how both worked together. 17