HomeMy WebLinkAbout2026-061 A1
AGREEMENT No. 2026A-061
STORMCAPTURE BOX SUBSIDENCE REPAIR AND REHABILITATION
THIS AGREEMENT, is made and entered into this 5th day of March 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 OLDCASTLE INFRASTRUCTURE, INC., whose address is: 7000 Central Parkway Suite
800, Atlanta GA 30328, (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:
QR 26-069 titled StormCapture Box Subsidence Repair and Rehabilitation,
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 additions 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 NINETEEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS
($19,860).
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. The CONTRACTOR shall achieve Final Completion within sixty (60)
calendar days thereafter, unless otherwise extended in accordance with 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
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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. 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.
5. DISPUTE RESOLUTION
A. In the event of any claim, dispute, or other matter in question arising out of or related to
this Agreement, a party shall provide written notice of the claim, dispute, or other matter
to the other party and provide no fewer than five (5) days to cure the matter, unless it is
the type of matter for which emergency injunctive relief is necessary from a court. Such
notice shall be a condition precedent to arbitration or the institution of legal or equitable
proceedings by either party, except as otherwise stated in this section.
B. The CITY and CONTRACTOR may resolve claims, disputes, and other matters in
question between them by mediation.
6. INSURANCE AND INDEMNIFICATION RIDER
6.1. 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.
6.2. 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
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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.
6.3. 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.
6.4. 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.
6.5. "XCU" (Explosion, Collapse, Underground Damage)
The CONTRACTOR’s Liability Policy shall provide "XCU" coverage for those classifications in
which they are excluded.
6.6. 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.
6.7. 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
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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.
7. 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.
8. 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.
9. 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:
Oldcastle Infrastructure, Inc.
7000 Central Parkway Suite 800, Atlanta GA 30328
Attn: Jake Jacobson, Director Commercial and Operations
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.
10. MISCELLANEOUS
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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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10.5. 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.
10.6. 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.
10.7. 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.
10.8. 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.
10.9. 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.
10.10. Coercion for Labor or Services Certification
Pursuant to Section 787.06(14), Florida Statutes, the CONTRACTOR certifies, under penalty of
perjury, that it does not use “coercion for labor or services,” as defined in Section 787.06, Florida
Statutes, in connection with the performance of this Agreement, including but not limited to: using
or threatening force; restraining, isolating, or confining; debt bondage; withholding or controlling
identification or immigration documents; causing or threatening financial harm; enticing by fraud
or deceit; or providing Schedule I or II controlled substances for the purpose of exploitation. The
CONTRACTOR shall include a substantially similar requirement in all subcontracts and purchase
orders at any tier. Any violation of this provision constitutes a material breach, and the CITY may
pursue any remedies available under this Agreement, at law, or in equity, including termination
for cause. By executing this Agreement electronically, CONTRACTOR affirms this certification
under penalty of perjury as of the Effective Date of this Agreement.
11. 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 QR 26-069 titled StormCapture Box Subsidence Repair and
Rehabilitation 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 OLDCASTLE INFRASTRUCTURE, INC.
**signature_84471**
SIGNATURE
**name_84471**
FULL NAME
**role_84471**
TITLE
**date_signed_84471**
DATE SIGNED
**signature_84474**
SIGNATURE
**name_84474**
FULL NAME
**role_84474**
TITLE
**date_signed_84474**
DATE SIGNED
ATTEST
**signature_84476**
SIGNATURE
**name_84476**
FULL NAME
**role_84476**
TITLE
**date_signed_84476**
DATE SIGNED
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Jake Jacobson
3/23/2026
Director Commercial and Operations
Freddy L. Suarez
Procurement Services Director
3/23/2026
City Clerk
Tracy Ackroyd Howe
3/23/2026
Exhibits List
A - Scope of Work
B - Oldcastle Infrastructure Pricing
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Exhibit A
Scope of Work
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QUOTE REQUEST
QR 26-069
STORMCAPTURE BOX SUBSIDENCE REPAIR AND
REHABILITATION
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
RELEASE DATE: February 12, 2026
DEADLINE FOR QUESTIONS: March 3, 2026
RESPONSE DEADLINE: March 4, 2026, 3:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/clermontfl
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City of Clermont
QUOTE REQUEST
StormCapture Box Subsidence Repair and Rehabilitation
I. Introduction ................................................................................
II. Response Procedures ................................................................
III. Scope of Work............................................................................
IV. Pricing Proposal .........................................................................
V. Terms and Conditions ................................................................
VI. Submittal Requirements .............................................................
Attachments:
A - OpenGov Vendor Registration
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Quote Request #QR 26-069
Title: StormCapture Box Subsidence Repair and Rehabilitation
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1. Scope of Work
1.1. Scope of Services
The successful respondent’s quote shall include all labor, materials, equipment, traffic control,
confined space safety measures, disposal, and incidentals necessary to provide a complete,
turnkey rehabilitation of the existing StormCapture box inlet structure located in the center of
Disston Avenue.
This rehabilitation is being performed due to subsidence and roadway depressions forming
around the StormCapture box caused by displaced bedding material and failure of the interior
splash pad.
The work includes the removal and replacement of a failed interior concrete splash pad,
restoration of displaced bedding materials, and rehabilitation of interior gravel media to ensure
long-term structural stability and proper hydraulic performance.
This project does not include professional engineering services, geotechnical analysis, or
design development. Repairs shall be limited to the work described in this Scope of Services
unless otherwise authorized in writing by the City.
Work shall include, but not be limited to, the following:
• Remove and properly dispose of the existing failed interior concrete splash pad.
• Form and pour a new 6-foot by 7-foot by 6-inch reinforced concrete splash pad inside
the structure, including installation of forms and reinforcement required for long-term
durability.
• Clean, remove, and stage displaced rock for reuse where applicable.
• Install replacement rock as necessary to rebuild eroded bedding and restore structural
support beneath and surrounding the inlet area.
• Repack and rehabilitate the interior gravel media to restore proper hydraulic function and
ensure the system operates as intended.
• Remove all debris, unused materials, and waste from the site.
• Leave the StormCapture box clean, stable, properly repacked, and fully restored for
long-term service.
1.2. Safety and Traffic Control Requirements
The StormCapture box is located within the roadway and will require appropriate Maintenance
of Traffic (MOT) measures. The successful respondent shall be responsible for implementing
traffic control in accordance with applicable standards.
All inspection and repair activities performed inside the StormCapture box shall comply with
applicable OSHA confined space entry procedures and City safety requirements.
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Quote Request #QR 26-069
Title: StormCapture Box Subsidence Repair and Rehabilitation
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1.3. Project Deliverable and Warranty
The completed project shall result in a fully rehabilitated StormCapture box inlet structure,
including a newly installed reinforced splash pad, restored bedding support, rehabilitated interior
gravel media, and a clean, fully functional system ready for continued operation.
Upon completion of work, the successful respondent shall:
• Provide before-and-after photographs documenting the repair and restoration; and
• Provide a minimum one (1) year warranty covering defects in workmanship and
materials associated with the completed repairs.
The warranty period shall begin upon final acceptance by the City of Clermont.
1.4. Pre-Construction Requirements (Prior to Notice to Proceed)
Prior to beginning work, the successful respondent shall submit the following for City review and
approval:
• A site-specific confined space entry plan, including air monitoring and rescue
procedures.
• A Maintenance of Traffic (MOT) plan and detour map, if applicable.
• A proposed project schedule.
Work may not begin until the required documents are accepted by the City.
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Exhibit B
Oldcastle Infrastructure Pricing
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PRICE TABLES
Line Item Description Quantity Unit of Measure Unit Cost
1 StormCapture Box Splash
Pad Removal, Concrete
Replacement, Bedding
Restoration, and Interior
Gravel Rehabilitation
(Complete Scope of Work)
1 Lump Sum $19,860.00
Total
Oldcastle Infrastructure Response
$19,860.00
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