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Contract 2020-095ADocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 AGREEMENT NO. 2020-95 FOR LAKE HIAWATHA PARK PIER REPLACEMENT THIS AGREEMENT, is made and entered into this 81h day of December 2020, 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 "OWNER"), and Midcoast Construction Enterprises, LLC., whose address is: 6675 114th Avenue, Largo, FL 33773, (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — 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 NO. 20-037 titled Lake Hiawatha Park Pier Replacement; as prepared by OWNER and its agents shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. ARTICLE II — THE CONTRACT SUM The OWNER 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 TWO HUNDRED FIFTY SIX THOUSAND DOLLARS AND 00/100 CENTS ($256,000). ARTICLE III — COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work within ten (10) calendar days after receipt of (i) Notice to Proceed, (ii) Purchase Order and (iii) 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. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified by the OWNER's Architect/Engineer as sufficiently complete, in accordance with the Contract Documents, so the OWNER can occupy or utilize the work or designated portion thereof for the use for which it is intended. Final 1 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 Completion shall be THIRTY (30) calendar days thereafter. 2. The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3. The CONTRACTOR further declares he has examined the project site and that from personal knowledge and experience has made sufficient investigations to fully satisfy himself that such site is correct and suitable for the work and he 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. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the OWNER's designated Project Manager after consultation with the Project Architect, and the OWNER's Project Manager's decision shall be final and binding upon all parties, provided the OWNER agrees. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Drawings and Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 4. As -built drawings, warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. 2 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 ARTICLE IV — AUTHORIZED REPRESENTATIVES 1. Before starting work, CONTRACTOR shall designate a competent, authorized representative acceptable to OWNER to represent and act for CONTRACTOR and shall inform OWNER in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for CONTRACTOR and shall specify any and all limitations of such authority. At the Pre -construction Conference, CONTRACTOR shall provide resumes of key personnel for OWNER's approval. CONTRACTOR shall keep OWNER informed in writing pursuant to the notice requirements provided herein of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the site of work at all times when work is actually in progress. 2. From the time of execution of the Contract, the OWNER shall have the right to remove the CONTRACTOR's representative from the project for inappropriate behavior including, but not limited to, lack of concern for residents, or acting in an unprofessional manner (i.e. argumentative with residents or OWNER's representative and the use of foul language). 3. All notices, determinations, instructions and other communications given to the authorized representatives of the CONTRACTOR shall be binding upon CONTRACTOR. Nothing contained herein shall be construed as modifying the CONTRACTOR's duty of supervision and fiscal management as provided for by Florida law. 4. The OWNER shall designate a Project Manager who will have limited authority to act for the OWNER. The OWNER will notify the CONTRACTOR in writing of the name of such representative(s). Any other City employees are not authorized OWNER representatives and any work performed by the CONTRACTOR without proper written authorization from the Project Manager as approved by OWNER, is performed at the CONTRACTOR's risk, and the City shall have no obligation to compensate the CONTRACTOR for such work. ARTICLE V — LAWS AND REGULATIONS 1. CONTRACTOR and its employees and representatives shall at all times comply with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at the time work is performed under this Contract. 2. If, during the term of this Contract, there are any changed or new laws, ordinances or regulations not known or foreseeable at the time of signing this Contract which become effective and which affect the cost or time of performance of the Contract, CONTRACTOR shall immediately notify OWNER in writing and submit detailed documentation of such effect in terms of both time and cost of performing the Contract. Upon concurrence by OWNER as to the effect of such changes, an adjustment in the compensation and/or time of performance will be made, if 3 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 applicable. 3. If any discrepancy or inconsistency should be discovered between the Contract and any law, ordinance, regulation, order or decree, CONTRACTOR shall immediately report the same in writing to OWNER who will issue such instructions as may be necessary. However, it shall not be grounds for a Change Order that the CONTRACTOR was unaware of or failed to investigate the rules, codes, regulations, statutes, and all ordinances of all applicable governmental agencies having jurisdiction over the Project or the work. ARTICLE VI — CODE RELATED INSPECTIONS The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction charged with the inspection of improvements to real property for code compliance and the improvements to be made by the CONTRACTOR pursuant to this contract may be subject to inspection by City of Clermont or its agents. The CONTRACTOR agrees that it will not assert, as a City -caused delay or as a defense of any delay on the part of the CONTRACTOR, any good faith action or series of actions on the part of the City or its agents with regard to inspections, including, but not limited to the refusal to accept any portion of the CONTRACTOR's work. ARTICLE VII — VALUE ENGINEERING Contractor may request substitutions of materials, articles, pieces of equipment or any changes that reduce the contract price by making such request to the Project Manager and Project Architect/Engineer in writing. The Project Manager and Project Architect/Engineer will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Project Manager and Project Architect/Engineer prior written acceptance which will be evidence by a City issued Change Order. However, any substitution accepted by Project Manager and Project Architect/Engineer shall not result in any increase in the contract price or contract time. By making a request for substitution, the Contractor agrees to pay directly to the Project Architect/Engineer fees and charges related to the Project Architect/Engineer review of the request for substitution, whether or not the request for substitution is accepted by the Project Architect/Engineer. The successful respondent also agrees to pay for any additional required design and/or permitting fees necessitated by the proposed changes. Any substitution submitted by the Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Project Architect/Engineer review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between the successful respondent and City and shall be processed as a deductive Change Order. The City may require the Contractor to furnish, at their expense, a special performance guarantee or other surety with respect to any substitute approved after award of the contract. 2 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 ARTICLE VIII — PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the Bid Documents and General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1. CONTRACTOR shall submit a progress payment request by the twentieth (20th) day of each calendar month for work performed during the current calendar month, projected through the 25th. At any time, the OWNER shall have the right as a condition of making a partial payment hereunder, to require CONTRACTOR to submit evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the subject progress payment request have been paid in full. Upon OWNER's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER 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 OWNER and the Architect, for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER 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 OWNER, 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 OWNER. ARTICLE IX — LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Agreement. 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 Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER the sum of FIVE HUNDRED DOLLARS ($500.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date for beneficial occupancy (substantial completion) and/or final completion; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein. NOTE: Not necessary, this would come out of contract balance. Contractors pay applications would be reduced to cover anticipated liquidated damages. 5 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 ARTICLE X — ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE XI — DISPUTE RESOLUTION - MEDIATION 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. 2. The OWNER and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE XII — INSURANCE AND INDEMNIFICATION RIDER 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 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 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 OWNER, for the protection of employees not otherwise protected. 2. Contractor's Public Liability and Property Damage Insurance — The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it 71 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 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 minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $1,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Longshoreman Insurance (USL&H) 4. Contractual Liability Work Contracts — The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the CONTRACTOR for contractual liabilities assumed by the CONTRACTOR in the performance of this Agreement. 5. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the OWNER, Engineer BESH Halff, Inc., its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the 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. 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 Section. (b) In any and all claims against the OWNER and Engineer BESH Halff, Inc. 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' 7 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 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 OWNER for the indemnification provided herein. 6. Builder's Risk Coverage — The CONTRACTOR shall take out and maintain during the life of this Agreement a "Builder's Risk Policy" completed value form, issued to provide coverages on an "all risk" basis including theft. This coverage shall not be lapsed or canceled because of partial occupancy by the OWNER prior to final acceptance of the Project. The OWNER may elect to take out and maintain this insurance coverage. Should the OWNER purchase said insurance, the insurance policy shall have a deductible for each occurrence of $5,000.00. The CONTRACTOR shall be responsible for losses up to the amount of the deductible. ARTICLE XIII — TAXES 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 OWNER 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. 2. OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax-exempt entity. Where applicable, and so directed by the OWNER, the OWNER 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. ARTICLE XIV — SUCCESSORS, ASSIGNS AND ASSIGNMENT The OWNER 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 previous consent of the OWNER and concurred to by the sureties. N. DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 ARTICLE XV — 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: Midcoast Construction Enterprises, LLC. 6675 1141h Avenue Largo, FL 33773 Attn: Jack D. Fulford, Managing Member OWNER: City of Clermont Attn: Darren S. Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE XVI — OPTIONAL TERMINATION OWNER may, at its option, terminate the Contract, in whole or in part, at any time by written notice thereof to CONTRACTOR, whether or not CONTRACTOR is in default. Upon any such termination, CONTRACTOR hereby waives any claims for damages from the optional termination, including loss of anticipated profits, on account thereof, but as the sole right and remedy of CONTRACTOR, OWNER shall pay CONTRACTOR in accordance with Subparagraphs below, provided, however, that those provisions of the Contract which by their very nature survive final acceptance under the Contract shall remain in full force and effect after such termination. 2. Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the notice requires otherwise: (a) Immediately discontinue work on the date and to the extent specified in the notice; (b) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Contract that is not terminated; (c) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to OWNER of all orders and subcontracts to the extent they relate to the performance of work terminated or assign to OWNER those orders and subcontracts and revoke Agreements specified in such notice; (d) Assign all Subcontracts required for performance of this Contract to the 9 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 OWNER. In anticipation of such a remedy, the CONTRACTOR shall include in all Subcontracts, equipment leases and purchase order, a provision requiring the subcontractor, equipment lessor or supplier, to consent to the assignment of their Subcontract to the OWNER and to agree to the greatest extent possible to cooperate with the OWNER; (e) Assist OWNER, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by OWNER under the Contract; and (f) Complete performance of any work that is not terminated. 3. Upon any such termination, OWNER will pay to CONTRACTOR an amount determined in accordance with the following (without duplication of any item): (a) All amounts due and not previously paid to CONTRACTOR for work completed and accepted in accordance with the Contract prior to such notice, and for work thereafter completed as specified in such notice. (b) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided above. (c) The verifiable costs incurred as set forth above. (d) Any other reasonable costs which can be verified to be incidental to such termination. 4. The foregoing amounts will include a reasonable sum, under all of the circumstances, as profit for all work satisfactorily performed by CONTRACTOR. 5. CONTRACTOR shall submit within thirty (30) days after receipt of notice of termination, a proposal for an adjustment to the contract price including all incurred costs described herein. OWNER shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly. ARTICLE XVII — MISCELLANEOUS 1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, each party shall bear its own attorney fees. 2. Waiver — The waiver by OWNER 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 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 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. 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. 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. 6. Assi ng ment — Except in the event of 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 city. 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. 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. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (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 this 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 11 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE XVIII — CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and herein made a part, are as fully a part of this Contract as if herein repeated. Document Precedence: 1. Contract Agreement 2. All documents contained in RFB No. 20-037, titled Lake Hiawatha Park Pier Replacement and CONTRACTOR's response thereto including, the Instructions to Bidders and proposal guarantee, if any. 3. Payment and Performance Bonds IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8"' day of December, 2020. CITY OF CLERMONT DocuSigned by: Timothy Murry, Mayor ATTEST: DS FTDocuSigned by: acy pd Hawc n-A nn—A A A Tracy Ackroyd Howe, City Clerk 12 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 Midcoast Construction Enterprise, LLC. DocuSigned by: 12��—�F?MFEEAF- a& V. FaW BY n64FR (Signature) Print Name: Jack D. Fulford Title: Managing Member Date: 12/10/2020 13 DocuSign Envelope ID: 1774B25E-4EC2-4FA9-A165-318E42C69FD2 EXHIBIT "A" SECTION — C PRICE SCHEDULE Final Completion Lump Sum Price (as per bid documents) (words) kwd ll Vx &-ad `)A (Figures) $ _���. �� ). L Contractor's Days to Substantial Completion: Calendar Days. Not to exceed: One -Hundred Twenty (120) calendar days from Notice To Proceed To Substantial Completion. Final Completion Not To Exceed Thirty (30) Calendar Days Thereafter. By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Company Name (print): Street Address: Mailing Address (if different): Telephone: /7�?//. 9M - 6-911;2 Fax: Email: ihJ171JAd �IdaZ Payment Terms: % days, net (11c FEIN:/ - �' /)Q Professional. License No.: Signature: Date: D�® Print Name: Title: Does the resp dent accept payment using the City's MASTERCARD? ❑ Yes 4Wo WV END OF SECTION — C RFB No: xx-xxx Page 14 of 52