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HomeMy WebLinkAbout2026-082 A1 AGREEMENT No. 2026A-082 KEHLOR SHUFFLEBOARD COURT RESURFACING THIS AGREEMENT, is made and entered into this 2nd day of April 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 STRUCTURAL SOLUTIONS GROUP, LLC, whose address is: 865 Brookfield Place, Apopka, Florida 32712, (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 26-075 titled Kehlor Shuffleboard 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 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 FIVE HUNDRED FOURTEEN DOLLARS ($19,514). 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. Final Completion shall be concurrent with substantial completion. 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 Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 2 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. 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 Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 3 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. 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 Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 4 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. 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 Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 5 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: Structural Solutions Group, LLC 865 Brookfield Place, Apopka, Florida 32712 Attn: Laura Nascimento, President 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. Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 6 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. 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. Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 7 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. 10.10. 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 26-075 titled Kehlor Shuffleboard Court Resurfacing and CONTRACTOR's response thereto. E. Payment and Performance Bonds Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF CLERMONT STRUCTURAL SOLUTIONS GROUP, LLC **signature_99339** SIGNATURE **name_99339** FULL NAME **role_99339** TITLE **date_signed_99339** DATE SIGNED **signature_99338** SIGNATURE **name_99338** FULL NAME **role_99338** TITLE **date_signed_99338** DATE SIGNED ATTEST **signature_99342** SIGNATURE **name_99342** FULL NAME **role_99342** TITLE **date_signed_99342** DATE SIGNED Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 4/7/2026 President Laura Nascimento Procurement Services Director 4/7/2026 Freddy L. Suarez City Clerk Tracy Ackroyd Howe 4/7/2026 Exhibits List A - Pricing Table B - Scope of Work Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 Exhibit A Pricing Table Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 Base Bid Optional Add Alternate (If Needed) PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Shuffleboard Court Resurfacing (includes surface prep, crack repair, acrylic resurfacer, two color coats, and line striping) 18 each $973.00 $17,514.00 2 Mobilization / Demobilization (includes equipment transport, setup, and site preparation) 1 lump sum $2,000.00 $2,000.00 Total $19,514.00 Line Item Description Quantity Unit of Measure Unit Cost Total 3 Additional Crack Repair (beyond standard surface prep) 1 linear foot $0.00 $0.00 4 Deep Patch Repair (bird baths greater than 1/2”) 1 square foot $0.00 $0.00 5 Additional Color Coat (if requested by City) 1 per court $0.00 $0.00 Total $0.00 Structural Solutions Group Response 1/1 Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 Exhibit B Scope of Work Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 QUOTE REQUEST QR 26-075 KEHLOR SHUFFLEBOARD COURT RESURFACING City of Clermont 685 W. Montrose Street Clermont, FL 34711 RELEASE DATE: March 10, 2026 DEADLINE FOR QUESTIONS: March 24, 2026 RESPONSE DEADLINE: March 25, 2026, 3:00 pm RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://procurement.opengov.com/portal/clermontfl Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 City of Clermont QUOTE REQUEST Kehlor Shuffleboard Court Resurfacing I. Introduction ................................................................................ II. Response Procedures ................................................................ III. Scope of Work............................................................................ IV. Pricing Proposal ......................................................................... V. Terms and Conditions ................................................................ VI. Submittal Requirements ............................................................. Attachments: A - OpenGov Vendor Registration B - Shuffleboard Courts-Kehlor(aerial) Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 Quote Request #QR 26-075 Title: Kehlor Shuffleboard Court Resurfacing 3 1. Scope of Work 1.1. Kehlor Shuffleboard Court Resurfacing The City of Clermont is requesting quotes from qualified firms to provide resurfacing services for the shuffleboard courts located at the Kehlor Building in Kehlor Park, 466 W. Minneola Avenue, Clermont, Florida 34711. The project consists of resurfacing eighteen (18) shuffleboard courts, each approximately 6 feet by 52 feet, to restore safe and optimal playing conditions. The successful respondent shall furnish all labor, materials, equipment, supervision, tools, and incidentals necessary to complete the work described herein. All work shall be performed in accordance with applicable codes, industry standards, and manufacturer specifications, and under the coordination of the City’s Project Manager. 1.2. Scope of Services The successful respondent shall perform all work necessary to properly prepare, repair, and resurface the shuffleboard courts, including but not limited to surface preparation, crack repair, acrylic resurfacing, color coating, and line striping. Surface Preparation The successful respondent shall thoroughly prepare the existing concrete court surfaces prior to application of resurfacing materials. Preparation shall include, but is not limited to: • Cleaning all court surfaces to remove dust, dirt, debris, mildew, and loose materials. • Repairing cracks using Crack Magic, Acrylic Crack Patch, Acrylic Binder, or approved equal. • Repairing holes or surface imperfections using appropriate patching materials. • Leveling depressions or “bird baths” measuring 1/8 inch or deeper using Acrylic Patch Binder, Acrylic Resurfacer patch mix, or approved equal. • Applying coats of Acrylic Resurfacer as necessary to provide a smooth, uniform surface suitable for application of the color coating system. • All surfaces must be dry and properly prepared prior to the application of resurfacing materials. Resurfacing System Materials shall consist of high-quality acrylic resurfacing products designed for shuffleboard or similar recreational sport court surfaces. Resurfacing materials shall: • Be suitable for outdoor use and Florida climate conditions. • Be UV-resistant. Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 Quote Request #QR 26-075 Title: Kehlor Shuffleboard Court Resurfacing 4 • Provide a non-slip playing surface. • Meet applicable industry standards, including American Sports Builders Association (ASBA) guidelines where applicable. The successful respondent shall apply resurfacing materials in accordance with manufacturer technical data sheets and recommended procedures. Color Coating Following surface preparation, the successful respondent shall apply the court color system as follows: • Apply a primer coat if recommended by the manufacturer. • Apply a minimum of two (2) coats of acrylic color concentrate, ColorPlus system, or approved equal. • Ensure uniform coverage and a smooth finish. • Allow adequate curing and drying time between coats per manufacturer recommendations. Line Striping All shuffleboard court lines shall be restriped following resurfacing. The successful respondent shall: • Lay out lines in accordance with United States Shuffleboard Association (USSA) specifications. • Apply line primer after masking to prevent paint bleed under masking tape. • Apply a minimum of one (1) coat of line paint designed for sport court applications. • Ensure lines are straight, uniform, and accurately measured. The successful respondent shall remove all debris, empty containers, excess materials, and equipment from the site upon completion of the work. The City’s Project Manager will review the completed work to determine compliance with the specifications prior to final acceptance. 1.3. Minimum Qualifications Respondents must demonstrate the experience and capability necessary to perform the work described in this Scope of Work. At a minimum, respondents shall: • Have a minimum of three (3) years of experience in athletic or recreational court resurfacing. Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75 Quote Request #QR 26-075 Title: Kehlor Shuffleboard Court Resurfacing 5 • Have successfully completed at least three (3) similar sport court resurfacing projects within the past five (5) years. • Possess all required licenses and permits to perform the work in the State of Florida. The City reserves the right to request references or documentation verifying experience. 1.4. Warranty Requirements The successful respondent shall provide a written warranty covering materials and workmanship. • Workmanship Warranty: Minimum one (1) year from date of final acceptance. • Material Warranty: Manufacturer warranties for resurfacing materials shall be provided where applicable. • The successful respondent shall correct any defects in materials or workmanship during the warranty period at no additional cost to the City. Warranty documentation shall be provided prior to final project acceptance. Warranty repairs shall be completed within a reasonable time after notification by the City. 1.5. Weather and Surface Conditions All resurfacing work shall be performed under appropriate environmental conditions in accordance with manufacturer specifications. • Acrylic materials shall not be applied during rain, when rain is imminent, or when surfaces are wet. • Application shall not occur when temperatures are below 50°F or when conditions may prevent proper curing. • Surfaces must be clean, dry, and free of debris or standing water prior to application. • The successful respondent shall protect newly applied coatings from weather or damage until fully cured. Failure to follow acceptable weather or surface conditions may require removal and reapplication at no additional cost to the City. Docusign Envelope ID: AA4D8537-6E70-8BD4-81AA-B978346C8D75