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HomeMy WebLinkAbout2026-064 A1 AGREEMENT No. 2026A-064 CONSTRUCTION OF FIRE STATION 2 THIS AGREEMENT, is made and entered into this 24th 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 MULLIGAN CONSTRUCTORS, INC., whose address is: 1027 W. Lancaster Road, Orlando, FL 32809, (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 26-042 titled Construction of Fire Station 2, 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 TWO MILLION, NINE HUNDRED SEVENTY FIVE THOUSAND, TWO HUNDRED NINETY DOLLARS ($2,975,290). 3. COMMENCEMENT AND COMPLETION OF WORK A. 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 TWO HUNDRED SEVENTY (270) 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 Completion shall be THIRTY (30) calendar days thereafter. B. The CONTRACTOR shall prosecute the work with faithfulness and diligence. Contract Packet - 1 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 2 C. 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 they appear to be sufficient 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 CITY than against the CONTRACTOR and his Surety. D. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the CITY 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 CITY of strict compliance with the terms of this Contract and/or the Drawings and Specifications covering said work; and the CITY 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: (i) materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered, (ii) abuse or neglect by the City of materials or equipment, or (iii) repairs or alterations to materials or equipment not performed by or on behalf of CONTRACTOR. 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 repair or replace any such defective materials and workmanship shall entitle the CITY, 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 CITY for all damages, loss, and expense caused to the CITY 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. E. As-built drawings and warranties acceptable to the CITY must be submitted to the CITY before final payment will be made to the CONTRACTOR. 4. AUTHORIZED REPRESENTATIVES Contract Packet - 2 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 3 A. Before starting work, CONTRACTOR shall designate a competent, authorized representative acceptable to CITY to represent and act for CONTRACTOR and shall inform CITY 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, the CONTRACTOR shall provide resumes of key personnel for the CITY’s approval. CONTRACTOR shall keep CITY 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. B. From the time of execution of the Contract, the CITY 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 CITY’s representative and the use of foul language). C. All notices, determinations, instructions, and other communications given to the authorized representatives of the CONTRACTOR shall be binding upon the CONTRACTOR to the extent that they are consistent with the terms and conditions of the Contract Documents. Nothing contained herein shall be construed as modifying the CONTRACTOR's duty of supervision and fiscal management as provided for by Florida law. D. The CITY shall designate a Project Manager who will have limited authority to act for the CITY. The CITY will notify the CONTRACTOR in writing of the name of such representative(s). Any other City employees are not authorized CITY representatives and any work performed by the CONTRACTOR without proper written authorization from the Project Manager as approved by CITY, is performed at the CONTRACTOR's risk, and the City shall have no obligation to compensate the CONTRACTOR for such work. The City shall not expect or require the CONTRACTOR to perform extra or additional work absent written authorization from the City’s Project Manager or a written Change Order. 5. LAWS AND REGULATIONS A. CONTRACTOR and its employees and representatives shall at all times comply with all applicable laws, ordinances, statutes, rules, or regulations in effect at the time work is performed under this Contract. CONTACTOR shall comply with all building codes to the extent such building codes are reflected in the design documents provided by Owner. CONTRACTOR is not responsible for and has not included in the Contract Sum any costs or schedule impacts related to the failure of Owner’s design to comply in any respect with applicable building code requirements. Contract Packet - 3 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 4 B. If during the term of this Contract, there are any changed or new laws, ordinances, or regulations not in effect at the time of signing this Contract that 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 applicable. C. 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 the 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. 6. CODE RELATED INSPECTIONS The CONTRACTOR recognizes that the CITY 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 the CITY 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 that fails to conform to the requirements of the Contract Documents. 7. 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 saving including Project Architect/Engineer review fees and charges. If a substitution is approved, the net dollar saving shall be shared equally Contract Packet - 4 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 5 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. 8. 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: A. 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 CITY shall have the right, as a condition of making a partial payment hereunder, to require the CONTRACTOR to submit evidence satisfactory to the CITY that all payrolls, material bills, and other costs incurred by the CONTRACTOR in connection with the most recent funded progress payment request have been paid in full (minus any applicable retainage or other contractual withholding permitted under the terms of the subcontract). Upon CITY's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the CITY shall make a partial payment to the CONTRACTOR, on the 20th day of the month following the CONTRACTOR’s submission of the progress payment requests, on the basis of a duly certified and approved estimate by the CITY and the Architect, for work performed during the preceding calendar month under the Contract. To ensure 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 (minus any applicable retainage or other contractual withholding permitted under the terms of the subcontract), 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. 9. LIQUIDATED DAMAGES 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 CITY the sum of ONE THOUSAND DOLLARS ($1,000) per calendar day as fixed, agreed and liquidated damages for Contract Packet - 5 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 6 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 CITY, and shall be considered not as a penalty, but in liquidation of damages sustained. The CONTRACTOR shall pay the liquidated damages amount contained herein. CONTRACTOR'S pay applications would be reduced to cover anticipated liquidated damages. If CONTRACTOR believes it is entitled to additional time extensions which, if granted, would eliminate or reduce the assessed liquidated damages, CONTRACTOR may file a claim against the City seeking adjustment of the Contract Time and the assessed liquidated damages. 10. 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 Surety or Sureties become insolvent or are no longer authorized to issue bonds in the State of Florida, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the CITY to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the CITY. 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 a manner and form satisfactory to the CITY. 11. 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 ten (10) 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. 12. INSURANCE AND INDEMNIFICATION RIDER 12.1. 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. Contract Packet - 6 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 7 12.2. Contractor’s Public Liability and Property Damage Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive 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 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 D. Builders Risk = 100% of Contract Value The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 12.3. 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. 12.4. Indemnification Rider A. CONTRACTOR shall indemnify and hold harmless the CITY, their officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. B. In any and all claims against the CITY or any of its officers 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. Contract Packet - 7 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 8 12.5. 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 CITY prior to final acceptance of the Project. The CITY may elect to take out and maintain this insurance coverage. Should the CITY 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. 13. 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. 14. 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. 15. 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: Mulligan Constructors, Inc. Contract Packet - 8 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 9 1027 W. Lancaster Road, Orlando, FL 32809 Attn: Jason Mulligan, 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. 16. OPTIONAL TERMINATION A. CITY 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, CITY 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. B. Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the notice requires otherwise: 1. Immediately discontinue work on the date and to the extent specified in the notice; 2. 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; 3. Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to CITY of all orders and subcontracts to the extent they relate to the performance of work terminated or assign to CITY those orders and subcontracts and revoke Agreements specified in such notice; 4. Assign all Subcontracts required for performance of this Contract to the CITY. In anticipation of such a remedy, the CONTRACTOR shall include in all Subcontracts, equipment leases and purchase order, a provision requiring the subcontractor, Contract Packet - 9 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 10 equipment lessor or supplier, to consent to the assignment of their Subcontract to the CITY and to agree to the greatest extent possible to cooperate with the CITY; 5. Assist CITY, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by CITY under the Contract; and 6. Complete performance of any work that is not terminated. C. Upon any such termination, CITY will pay to CONTRACTOR an amount determined in accordance with the following (without duplication of any item): 1. All amounts due and not previously paid (including earned retainage) 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. 2. The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided above. 3. The verifiable costs incurred as set forth above. 4. Any other reasonable costs which can be verified to be incidental to such termination. D. The foregoing amounts will include a reasonable sum, under all of the circumstances, as profit for all work satisfactorily performed by the CONTRACTOR. E. The 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. The CITY shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly. F. Either party may, after ten (10) days of notice to the other party and opportunity to cure, terminate this Agreement for cause due to a default in performance by the other party. 17. MISCELLANEOUS 17.1. 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. 17.2. Waiver The waiver by CITY or CONTRACTOR 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. Contract Packet - 10 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 11 17.3. 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. 17.4. 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. 17.5. 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. 17.6. 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 CITY. 17.7. 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. 17.8. 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. 17.9. 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. Contract Packet - 11 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 12 C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331. 17.10. 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. 18. 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. Specifications and plans for Construction of Fire Station 2 including all addenda. D. All documents contained in RFB 26-042 titled Construction of Fire Station 2 and CONTRACTOR's response thereto. E. Payment and Performance Bonds Contract Packet - 12 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 13 Contract Packet - 13 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF CLERMONT MULLIGAN CONTRACTORS, INC. **signature_93297** SIGNATURE **name_93297** FULL NAME **role_93297** TITLE **date_signed_93297** DATE SIGNED **signature_93299** SIGNATURE **name_93299** FULL NAME **role_93299** TITLE **date_signed_93299** DATE SIGNED ATTEST **signature_93300** SIGNATURE **name_93300** FULL NAME **role_93300** TITLE **date_signed_93300** DATE SIGNED Contract Packet - 14 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 President JASON MULLIGAN 4/7/2026 Mayor 4/7/2026 Tim Murry City Clerk Tracy Ackroyd Howe 4/7/2026 Exhibit A Price Schedule Contract Packet - 15 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1 Base Bid – Complete Construction Lump Sum Breakout (Informational Only — Not Used for Award PRICE TABLES These values are for City reference only. Award is based solely on the Total Lump Sum Base Bid. Line Item Description Quantity Unit of Measure Unit Cost Total 1 This price shall include all work required for a complete, code-compliant, ready-for-occupancy fire station, including: Sitework & Utilities, Foundations & Structural Work, Architectural Construction, All Finishes and Interior Improvements, MEP & Fire Protection Systems, Landscape & Irrigation, All Demolition, Patching, and Tie-Ins, All Testing, Startup, Training, Commissioning, and 1 Lump Sum $2,975,290.00 $2,975,290.00 Total $2,975,290.00 Line Item Description Quantity Unit of Measure Unit Cost Total 2 General Conditions & Mobilization 1 Lump Sum $515,641.00 $515,641.00 3 Sitework, Demolition, and Earthwork 1 Lump Sum $279,593.00 $279,593.00 4 Building Expansion – Structural & Architectural 1 Lump Sum $1,088,323.00 $1,088,323.00 5 Building Renovation – Existing Facility 1 Lump Sum $100,000.00 $100,000.00 6 Mechanical, Electrical, Plumbing, Fire Protection 1 Lump Sum $975,816.00 $975,816.00 7 Landscaping & Irrigation 1 Lump Sum $15,917.00 $15,917.00 3/24/26, 10:26 AM Mulligan Constructors Inc Response https://procurement.opengov.com/governments/3522/projects/196291/evaluation/proposals/421297 1/1 Contract Packet - 16 of 16 Docusign Envelope ID: 7C44D227-B2F2-4859-B73A-3406D9BBB2F1