CONSTRUCTION MANAGER AT RISK FOR CONTINUING CONTRACTS (2)CONTRACT
This CONTRACT made and entered into this 9*4*-day of rcb ruu V , 20 t ( by and between
the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
161G7-MOXE CoWSTRicc rioAl CD. _T IZ . , of the City of ,(3Ee- GEAiie Fz County of
S _ and State of Florida, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for all
individual projects assigned as a result of this contract.
For each individual project in accordance with such proposal and technical supplemental
specifications and such other special provisions and drawings, if any, which will be submitted by the
City, together with any advertisement, instructions to bidders, general conditions, proposal and bond,
which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby
made a part of this contract, and all of said work to be performed and completed by the contractor
and its successors and assigns shall be fully completed in a good and workmanlike manner to the
satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations
as contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
Sy: I a- V,- , Sa,,. -7:
William B. Horne, II
City Manager
Countersigned:
By:
Frank Hibbard,
Mayor-Councilmember
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
uFTIlt
e C
Attest:
It
Rosemarie Call
`crMoi2E '-DNSTR?cTte '?•,
(Cop
y, ....
Assistant City Attorney
Certified Extract of Minutes
I, the undersigned, Secretary of Biltmore Construction Co., Inc., a corporation
duly organized under the laws of the state of Florida, and having it principal place of
business in the City of Belleair, hereby CERTIFY that the following is a true copy of a
certain resolution duly adopted by the Board of Directors of the said corporation in
accordance with the Bylaws at, and recorded in the minutes of, a meeting of the Board
duly held on February 24, 1993, and not subsequently rescinded or modified:
RESOLVED:
That, the following officers of the corporation are authorized to execute,
on behalf of the corporation, all contracts and bonds.
Edward A. Parker, Jr. - President
Richard D. Parker - Executive Vice President
William B. Parker - Executive Vice President, Secretary/Treasurer
I FURTHER CERTIFY that the above now occupy the respective offices
designed in the above quoted resolution and that the same are duly qualified
as such officers.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of said Corporation this the 11th day of January, 201 l..
BILTMgQV CONSTIf UCTION CO., INC.
By:
1055 Ponce de Leon Boulevard • Belleair, Florida 33756 • Ph: 727.585.2084 • Fax: 727.585.2088