HomeMy WebLinkAbout2026-020 A1
AGREEMENT No. 2026-020
WEST BEACH PIER REHABILITATION AND IMPROVEMENTS
THIS AGREEMENT, is made and entered into this 13th day of January 2026, 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 Q-ICE BUILDERS LLC., whose address is: 100 West Plant Street, Winter Garden, FL 34787,
(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 26-025 titled West Beach Pier Rehabilitation and Improvements,
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 FORTY TWO THOUSAND, NINE HUNDRED
DOLLARS ($142,900).
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 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
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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
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. 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.
5. 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
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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.
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 his 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 latter's employees unless the protection afforded
by the CONTRACTOR covers such employees. Such insurance shall comply with the Florida
Worker's Compensation Law. In case any class of employees engaged in hazardous work under
this contract 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, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
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B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
C. Excess (Umbrella) Liability, $1,000,000
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.
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.
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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. TAXES
A. CONTRACTOR shall pay all taxes, levies, duties, and assessments of every nature that
may be applicable to any work under this Contract. The Contract Sum and any agreed
variations thereof shall include all taxes imposed by law. CONTRACTOR shall make
any and all payroll deductions required by law. CONTRACTOR herein indemnifies and
holds the CITY harmless from any liability on account of any and all such taxes, levies,
duties, assessments, and deductions. Such indemnification shall be in accordance with the
terms and conditions of the Indemnification provisions provided herein.
B. CITY and CONTRACTOR hereby acknowledge that the CITY is a tax-exempt entity.
Where applicable, and so directed by the CITY, the CITY reserves the right to
implement, at its convenience, a tax exemption program to buy selected materials and
place the tax savings in line item contingency.
9. SUCCESSORS, ASSIGNS AND ASSIGNMENT
The CITY and the CONTRACTOR each bind itself, its officers, directors, qualifying agents,
partners, successors, assigns and legal representatives to the other party hereto and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants,
Agreements, and obligations contained in the Contract. It is agreed that the CONTRACTOR shall
not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or
to the same or any part thereof, or allow legal action to be brought in its name for the benefit of
others, without the previous consent of the CITY and concurred to by the sureties.
10. 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.
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CONTRACTOR:
Q-ICE Builders LLC.
100 West Plant Street, Winter Garden, FL 34787
Attn: Andrew Wissmann, Owner
OWNER:
City of Clermont
685 W. Montrose Street, Clermont, FL 34711
Attn: Rick Van Wagner, 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.
11. MISCELLANEOUS
11.1. 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.
11.2. 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.
11.3. 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.
11.4. 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.
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11.5. 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.
11.6. 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.
11.7. 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.
11.8. 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.
11.9. 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
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CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC
RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331.
12. 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 26-025 titled West Beach Pier Rehabilitation and
Improvements and CONTRACTOR's response thereto.
E. Payment and Performance Bonds
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF CLERMONT Q-ICE BUILDERS LLC.
**signature_64277**
SIGNATURE
**name_64277**
FULL NAME
**role_64277**
TITLE
**date_signed_64277**
DATE SIGNED
**signature_64280**
SIGNATURE
**name_64280**
FULL NAME
**role_64280**
TITLE
**date_signed_64280**
DATE SIGNED
ATTEST
**signature_64282**
SIGNATURE
**name_64282**
FULL NAME
**role_64282**
TITLE
**date_signed_64282**
DATE SIGNED
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Andrew Wissmann
Owner
1/19/2026
Tim Murry
Mayor
1/20/2026
Tracy Ackroyd Howe
City Clerk
1/20/2026
Exhibit A
Exhibit "A"
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Request For Bid #RFB 26-025
Title: West Beach Pier Rehabilitation and Improvements
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3. Scope of Work
3.1. Project Overview
The City of Clermont intends to renovate the existing pier at West Beach (215 12th St,
Clermont, FL), which sustained damage during Hurricane Milton. The purpose of this project is
to rehabilitate and enhance the existing structure, ensuring long-term safety, durability, and
improved amenities for the community.
The selected contractor shall provide all labor, materials, equipment, fuel, supervision, and
incidental costs required to complete the renovation in strict compliance with all applicable
codes, standards, and best practices.
3.2. Work Requirements
Demolition & Removal
• Carefully remove existing decking and dispose of all materials in compliance with
disposal requirements.
• Prevent debris from falling into the water. Any debris that does enter the water must be
promptly removed.
• Manage sediment and turbidity with appropriate control devices during piling or
substructure work.
• Separate materials as needed for recycling.
• Transport and dispose of debris at approved/licensed facilities.
• Maintain a clean, safe, and organized site, with daily removal or proper containment of
waste.
Structural Repairs & Installation
• Replace all existing wood decking with storm-resistant Thru-Flow decking or approved
equivalent.
• Construct new guardrails around the entire perimeter of the pier (per attached drawings
and details).
• Repair structural damage at intersection points of the pier.
• Provide and install all required hardware, including hangers, brackets, screws, and bolts.
• Add cross-bracing at all posts for structural reinforcement.
• Inspect all existing pilings and replace any that are damaged.
• Replace damaged wood members as necessary.
General Construction & Site Management
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Request For Bid #RFB 26-025
Title: West Beach Pier Rehabilitation and Improvements
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• Install construction fencing and other safety barriers to secure the work area.
• Ensure all materials, furnishings, and equipment are installed by qualified tradesmen in
accordance with manufacturer specifications and recommendations.
• Submit all materials for review and approval by City staff prior to ordering or delivery.
• Perform cleaning throughout construction and final cleanup upon completion, removing
all excess materials, debris, and equipment.
3.3. Contractor Requirements
• Must hold appropriate Florida licensing (specialty demolition contractor or general
contractor).
• Minimum of three (3) years of relevant experience with references, preferably for
municipal or government clients.
• Provide proof of insurance for public liability, property damage, and workers’
compensation.
3.4. Permitting
• The successful respondent will be responsible for securing all required permits or letters
of exemption for the project
3.5. Quality Control & Acceptance
• The City will inspect and review all installations for compliance before final acceptance.
• Contractor shall correct any deficiencies identified by City representatives prior to project
closeout
3.6. Anticipated Schedule
The West Beach Pier Renovation project is anticipated to take approximately ten to fourteen
weeks, depending on permitting timelines, weather conditions, and contractor resources. Work
will begin with a pre-construction phase lasting about one week, during which the contractor will
mobilize equipment, establish staging areas, and install construction fencing to secure the site.
At the same time, the contractor will prepare and submit all required materials, such as decking,
guardrails, and hardware, for City review and approval, a process expected to take one to two
weeks. The contractor will also be responsible for securing all necessary permits or letters of
exemption, which may take an additional two to four weeks but can overlap with the mobilization
period.
Once preliminary activities are complete, demolition and site preparation will begin. Removal of
the existing decking is expected to take approximately one week, with debris containment,
hauling, and disposal occurring concurrently over one to two weeks. The contractor must ensure
daily cleanup and proper disposal at licensed facilities throughout this stage.
Following demolition, structural repair activities will be undertaken. The contractor will inspect all
pilings and replace damaged members as needed, a process anticipated to last two weeks.
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Request For Bid #RFB 26-025
Title: West Beach Pier Rehabilitation and Improvements
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Repairs at the existing intersection points of the pier will be completed during this time,
generally within one week. Additional cross-bracing and required hardware will then be installed,
which should take about one week.
The installation phase will include the placement of new Thru-Flow decking or an approved
equal, which is expected to take two weeks, followed by the construction of new guardrails
around the perimeter of the pier. The guardrail installation is anticipated to take one to two
weeks.
The project will conclude with a finalization phase, including the completion of a punch list, any
corrective actions required by City staff, and final inspections, all of which are expected to take
one week. The contractor will then complete final cleaning, remove temporary fencing and
equipment, and demobilize from the site during the final week.
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