CONSTRUCTION MANAGER AT RISK CONTRACT (7)Construction Manager at Risk Contract
This CONTRACT made and entered into this 22Y41 da.1cj.So+L2D to by and between the City of
Clearwater, Florida, a municipal corporation, hereinafter designated as the "City" or "Owner",
and ko' Y-ka-aa►a7aw. , Pr stiko : of the Kha, s(onOrvai: a.. InL, County Pinellas and State of Florida,
hereinafter designated as the "Construction Manager". The contracting entities shall collectively be
known as the "Parties."
WITNESSETH:
WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach
on appropriate projects as determined by the City's Engineering Department; and
WHEREAS, the City desires that the Construction Manager perform the management of the necessary
construction, design, and preconstruction services (collectively referred to as the Services) on an as-
needed basis subject to the terms and conditions set forth in this agreement and any agreement
incorporated into this agreement by reference.
NOW, THEREFORE, IT IS AGREED BY THE PARTIES:
ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS
1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration
of the sums of money, as herein after set forth to be paid by the City to the Construction Manager,
shall and will at its own cost and expense perform all labor, furnish all materials, tools and
equipment for all individual projects assigned as a result of this contract.
1.2 For each individual project assigned, 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.
1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section III
and Section IV of the City of Clearwater Contract Specifications (the Specifications). For the
purposes of this contract, the term Contractor in Section III shall include the Construction Manager.
The Specifications, as may be supplemented and changed, along with this Contract constitute the
"Contract Documents." In the event there is any conflict between this Contract and the Specifications,
this Contract shall take precedence except that the GMP PROPOSAL dated Tf5 D in the
amount of $ T B D is expressly incorporated and made part of this Agreement.
Further, the GMP Proposal shall be determinative and control in the event of any conflict,
discrepancy, absence of information and / or term or condition to the contrary.
Page 1 of 12
ARTICLE 2: CONSTRUCTION MANAGER'S DUTIES AND STATUS
2.1 The Construction Manager recognizes the relationship of trust and confidence established between it
and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the
overall supervision of its executives; to furnish efficient business administration and superintendence;
and to use every effort to keep upon the project site at all times an adequate supply of workforce and
materials to secure its execution and completion in the most expeditious and economical manner.
2.2 The Construction Manager represents that it has made a thorough examination of the premises and
is thoroughly familiar with the conditions under which it is to work.
2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws,
rules, and regulations of all governmental authorities and departments thereof.
2.4 The Construction Manager agrees to cooperate with the City, Architect - Engineer, or any other Design
Professional in all respects, including, but not limited to, providing necessary preconstruction
services, such as evaluation of methods, availability and costs of the various components of the
Services while under design consideration; supervising the Services and the progress thereof; the
coordination of the Services and suggesting changes in the Services; and supplying information as to
costs and availability of materials and methods of construction in order, amongst other things, to
reduce costs wherever the same may be practicably consistent with the quality of the Services
presented in the Contract Documents.
2.5 The Construction Manager agrees to the following:
a) In connection with the performance of work under this Contract, the Construction Manager
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
b) The Construction Manager 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.
C) The Construction Manager 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.
ARTICLE 3: SCOPE OF THE SERVICES
3.1 The services that the Construction Manager shall provide include, but are not limited to those
described in the following sections.
3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows:
Page 2 of 12
a) Monthly Executive Summary which provides an overview of current
decisions, future developments and expected achievements, and any
including code violations found by any permitting agency.
b) A Monthly Construction Progress Report that includes a cost narrative, a
and that summarizes the work of the various subcontractors. This
information from the weekly job site meetings as applicable such as:
general conditions
long lead supplies
- current deliveries
safety and labor relations programs permits
- construction problems and recommendations; and
- plans for the succeeding month
issues and pending
problems or delays,
scheduling narrative
report shall include
3.3 Scheduling
a) Upon award of this Contract, the Construction Manager shall submit a master project
schedule covering the planning and design approvals, construction and Owner occupancy of
the Project. This schedule will serve as the framework for the subsequent development of all
detailed schedules. The master project schedule shall be produced and updated monthly
throughout the project.
b) Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the
Construction Manager shall prepare and submit to the Owner two copies of a Critical Path
Method (CPM) construction schedule graphically depicting the activities contemplated to
occur as a necessary incident to performance of the work required to complete the project,
showing the sequence in which the Construction Manager proposes for each such activity to
occur and duration (dates of commencement and completion, respectively) of each activity.
c) Following development and submittal of the construction schedule the Construction Manager
shall, at the end of each calendar month during the project, or at such earlier intervals as
circumstances may require, update and /or revise the construction schedule to show the
actual progress of the work performed and the occurrences of all events which have affected
the progress of performance of work already performed or will affect the progress of the
performance of the work yet to be performed in contrast with the planned progress of
performance of such work, as depicted on the original construction schedule and all updates
and /or revisions thereto as reflected in the updated and /or revised construction schedule last
submitted prior to submittal of each such monthly update and revision. Each such update
and /or revision to the construction schedule shall be submitted to the Owner in duplicate.
d) The Construction Manager shall provide current scheduling information and provide direction
and coordination regarding milestones, beginning and finishing dates, responsibilities for
performance and the relationships of the Construction Manager's work to the work of his
subcontractors and suppliers to enable them to perform their respective tasks so that the
development of construction progresses in a smooth and efficient manner in conformance
with the overall project schedule. The schedule shall include all phases of the construction
work, material supplies, long lease procurement, approval of shop drawings, change orders in
progress, schedules for change orders, and performance testing requirements. The
Construction Manager shall advise the Owner, its representatives and the Architect - Engineer
of their required participation in any meeting or inspection giving each at least one week
notice unless such notice is made impossible by conditions beyond his control. The
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Construction Manager shall hold job -site meetings at least once each month with the
Construction Team and at least once each week with the subcontractors and the Architect -
Engineer's Field Representative, or more frequently as required by work progress, to review
progress, discuss problems and their solutions and coordinate future work with all
subcontractors.
e) Twice per month corresponding as closely as possible with progress review meetings, a "two
week" look ahead report shall be prepared and submitted to Owner and Architect / Engineer.
3.4 Design Review and Recommendations
a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural,
civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow
the development of design through Contract Documents. The Construction Manager shall
make recommendations with respect to the selection of systems and materials, and cost
reducing alternatives including assistance to the Architect- Engineer and Owner in
evaluating alternative comparisons versus long term cost effect. The evaluation shall speak
to the benefits of the speed of erection and early completion of the project. The
Construction Manager shall furnish pertinent information as to the availability of materials
and labor that will be required. The Construction Manager shall submit to the Owner and
Architect - Engineer such comments as may be appropriate concerning construction,
feasibility, and practicality. The Construction Manager shall bring to the Owner and the
Architect - Engineer's attention any apparent defects in the design, drawing and
specifications, or other documents. The Construction Manager shall prepare an estimate of
the construction cost at appropriate milestones during the design and shall evaluate such
estimate with the project budget. The Construction Manager shall recommend cost saving
alternatives, as appropriate, at each design milestone. At each design milestone the Owner,
Architect Engineer and Construction Manager shall conduct a value engineering review.
b) After receiving the Construction Documents for each phase of the project, the Construction
Manager shall perform a specific review thereof. Promptly after completion of the review,
the Construction Manager shall submit to the Owner, with a duplicate to the Architect -
Engineer, a written report covering suggestions or recommendations previously submitted,
additional suggestions or recommendations as the Construction Manager may deem
appropriate, and all actions taken by the Architect - Engineer with respect to same, any
comments he may deem to be appropriate with respect to separating the work into separate
contracts and /or alternative materials.
c) At completion of the Construction Manager's review of the plans and specifications, except
only as to specific matters as may be identified by appropriate comments pursuant to this
section, the Construction Manager shall warrant, without assuming any architectural or
engineering responsibility, that the plans and specifications are consistent, practical,
feasible and constructible. The Construction Manager shall warrant that the work described
in the plans and specifications for the various bidding packages is constructible within the
scheduled construction time.
d) The Construction Manager shall review the design for the purpose of identifying long lead
procurement items (i.e. machinery, equipment, materials and supplies). When each item is
identified, the Construction Manager shall notify the subcontractors, the Owner, and the
Architect - Engineer of the required procurement and schedule. Such information shall be
included in the bid documents and made a part of all affected sub - contracts. As soon as
the Architect- Engineer has completed drawings and technical specifications and the
Construction Manager has obtained permitting approval, the Construction Manager shall
Page 4 of 12
prepare invitations for bids. The Construction Manager shall keep informed of the progress
of the respective subcontractors or suppliers, manufacturing or fabricating such items and
advise Project Director, Owner and Architect - Engineer of any problems or prospective delay
in delivery.
3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be
removed from the project until alternate personnel acceptable to the City are approved in writing by
the City.
3.6 Soliciting Bids
a) Without assuming responsibilities of the Architect- Engineer, and unless waived in writing by
the Owner, the Construction Manager shall prepare invitations for bids, or requests for
proposal when applicable, for all procurements of long lead items, materials and services, and
for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the
following guidelines:
i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the
Construction Manager with the firm which is qualified and submits the lowest verbal
quotation. The Construction Manager shall obtain a minimum of two (2) verbal
quotations. These quotations shall be entered on a bid tabulation sheet and a copy of
such tabulation sent to the Owner, Architect - Engineer and to each firm. The
successful quotation shall be confirmed by written contract or purchase order to the
low bid firm defining the scope and quality of work to be provided.
ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the
Construction Manager with the firm who is qualified and submits the lowest responsive
proposal. The Construction Manager shall request at least three (3) firms to submit
sealed written proposals based on written drawings and /or specifications. The written
proposals shall all be opened publicly at the location, date and time named by the
Construction Manager in his request for proposal. A tabulation of the results shall be
furnished to the Owner, Architect- Engineer and to each firm.
iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the
Construction Manager with the firm who is pre - qualified and submits the lowest
responsive proposal. The Construction Manager shall advertise these projects at least
once with the last advertisement appearing at least 21 calendar days prior to the
established bid opening date. These proposals shall be based on approved plans and
specifications. Bids shall be received and opened publicly at the location, date and
time established in the bid advertisement.
iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii
above except that the advertisement shall be run for at least 30 days prior to the
established bid opening and at least 5 days prior to any scheduled pre -bid conference.
v) Individual purchases of materials or rentals or leases of equipment of up to $999.99
each may be made without bids or quotes when reasonably necessary to expedite
work on the project; however, the Construction Manager shall not divide or separate a
procurement in order to avoid the requirements set forth above.
vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the
franchise area.
Page 5 of 12
b) For each separate construction contract exceeding $35,000, the Construction Manager shall,
unless waived by Owner, conduct a pre -bid conference with prospective bidders, the
Architect - Engineer and the Owner. In the event questions are raised which require an
interpretation of the bidding documents or otherwise indicate a need for clarification or
correction of the invitation, the Construction Manager shall transmit these to the Architect -
Engineer and upon receiving clarification or correction in writing shall prepare an addendum
to the bidding document, and issue same to all of the prospective bidders.
3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to
the Owner and Architect - Engineer that assures quality control of the construction. The Construction
Manager shall supervise the work of all subcontractors providing instruction to each when their work
does not conform to the requirements of the plans and specifications and shall continue to assert
influence and control over each subcontractor to ensure that corrections are made in a timely manner
so as to not affect the efficient progress of the work. Should disagreement occur between the
Construction Manager, the Owner or the Architect - Engineer over acceptability of work and
conformance with the requirements of the specifications and plans, the Owner shall be the final judge
of performance and acceptability.
3.8 Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all
subcontractors for any work done under this Contract. The Construction Manager shall negotiate all
change orders, field orders and request for proposals, with all affected subcontractors and shall
review the costs of those proposals and advise the Owner and Architect - engineer of their validity and
reasonableness, acting in the Owner's best interest prior to requesting approval of each change
order from the Owner. Before any work is begun on any change order, a written authorization from
the Owner must be issued. When health and safety are threatened, however, the Construction
Manager shall act immediately to remove such threat to health and safety. The Construction
Manager shall also carefully review all shop drawings and then forward the same to the Architect -
Engineer for review and actions. The Architect- Engineer will transmit them back to the Construction
Manager who will then issue the shop drawings to the affected subcontractor for fabrication or
revision. The Construction Manager shall maintain a record to promote expeditious handling. The
Construction Manager shall request the Architect - Engineer to make interpretations of the drawings or
specifications requested of him by the subcontractors and shall maintain a record to promote timely
response. The Construction Manager shall advise the Owner and Architect - Engineer when timely
response is not occurring on any of the above. The Construction Manager shall collect, review and
submit to the Owner, all project closeout documentation including operation, maintenance and
training manuals.
ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES
4.1 Guaranteed Maximum Price for Construction
a) When the Construction Documents are sufficiently complete to establish the scope of work for the
project or any portion thereof, the Construction Manager will establish and submit in writing to the
Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to
the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed
Maximum Price will be subject to modification for changes in the project as provided in article
4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all
work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job
costs, plus the Construction Manager's fees or the GMP, whichever is Tess when the work is
complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final
completion and acceptance of all work covered in the contract documents in accordance to the
City's General Conditions.
Page 6 of 12
b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify
the time schedule for activities and work which were adopted and used to determine the
Construction Manager's cost of work. In addition to the cost of work, a GMP will include an
agreed upon sum as the construction contingency which is included for the purpose of defraying
the expenses due to unforeseen circumstances relating to construction. The Construction
Manager will be required to furnish documentation evidencing expenditures charged to the
contingency prior to the release of funds by the Owner. If bids are received below the applicable
line items in the GMP, the surplus will be added to the contingency.
c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from
the contingency; however, such occurrence shall not be cause to increase the GMP.
d) If bids are not received for a portion of the work at or below the applicable line item amount in the
GMP, the Construction Manager reserves the right to perform that portion of the work as
acknowledged by the Owner or negotiate for its performance for the specified line item lump sum
amount or less.
e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the
Project shall be determined in one or more of the following ways:
By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by the Architect Engineer and owner;
ii. By unit prices stated in the Agreement or subsequently agreed upon;
If none of the methods is agreed upon, the Construction Manager, provided it has
received a signed written order by the Owner, shall promptly proceed with the work
involved. The cost of such work shall then be determined on the basis of the
reasonable expenditures and savings of those performing the work attributed to
the change. In the event a Change Order is issued under these conditions,
however, the Architect - Engineer will establish an estimated cost of the work and
the Construction Manager shall not perform any work whose cost exceeds that
estimate without prior written approval by the Owner. In such case, the
Construction Manager shall keep and present, in such form as the Owner may
prescribe, an itemized accounting together with appropriate supporting data of the
increase in the Cost of the Project. The amount of decrease in the Guaranteed
Maximum Price to be allowed by the Construction Manager to the Owner for any
deletion or change which results in a net decrease in cost will be the amount of the
actual net decrease;
iv. The Architect - Engineer will have authority to order minor changes in the Project
not involving an adjustment in the Guaranteed Maximum Price or an extension of
the Construction Completion Date and not inconsistent with the intent of the
Drawings and Specifications. Such changes shall be effected by written order.
Documentation of changes shall be determined by the Architect- Engineer..
Changes shall be approved by the Architect - Engineer
4.2 Construction Manager's Fee - In consideration of the performance of the contract, the Owner
agrees to pay the Construction Manager as compensation for his services, fees as set forth below :
Page 7 of 12
Preconstruction Phase Fee - shall be based on design costs if applicable,
constructability review, value engineering and fee determination of Guaranteed Maximum
Price. The fee for this phase in the amount of $ TBD shall be paid at the negotiated
price upon receipt of the Guaranteed Maximum Price.
a) Construction Phase Fee - Prior to commencement of the Construction Phase, the
Owner will direct the Construction Manager in writing to proceed into the Construction
Phase. The Construction Manager's compensation for work or service performed
during the Construction Phase shall be a fee of TBD . The Construction Phase
Fee shall be invoiced and paid in TBD months. Payments will be remitted monthly
at the cost of TBD each and one final monthly payment of TBD The first
monthly payment shall become due thirty days following the issuance of the first
Construction Authorization and the final monthly payment shall be paid only when
construction of the project is completed and occupancy of the project accepted by the
Owner. If construction is authorized only for a part of the project, the fee paid shall be
proportionate to the amount of work authorized by the Owner.
ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE
5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of
creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in
cases for which an extension of time is provided, to supply enough properly skilled workmen or
proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of
this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice
and reserving any other right or remedy the Owner may have, after giving the Construction Manager
seven (7) days' written notice, terminate the employment of the Construction Manager and take
possession of the premises and all materials, tools, and appliances thereon and finish the Project in
whatever manner the Owner may deem expedient.
5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in
the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is
then further agreed that the City may deduct from such sums or compensation as may be due to the
Construction Manager, the sum of $1,000.00 per day for each day that the work to be performed by
the Construction Manager remains incomplete beyond the time limit specified herein, which sum of
1,000.00 per day shall only and solely represent damages which the City has sustained by reason of
the failure of the Construction Manager to complete the work within the time stipulated, it being
further agreed that the sum is not to be construed as a penalty but is only to be construed as
liquidated damages for failure of the Construction Manager to complete and perform all work within
the time period as specified in this contract.
ARTICLE 6: INDEMNIFICATION
6.1The Construction Manager 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 Construction
Manager'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.
Page 8 of 12
6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability
the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28,
Florida Statutes.
ARTICLE 7: TITLE TO THE PROJECT
7.1 The title of all work, completed portions of the Project and in the course of construction, and of all
materials on account of which payment has been made shall be in the Owner.
ARTICLE 8: ASSIGNMENT
8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns, except that this Agreement may not be assigned by either party
without the prior written consent of the other party. Any assignment made without such prior written
consent shall not vest rights in the assignee.
ARTICLE 9: ADDITIONAL PROVISIONS
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida, and the venue for any dispute under this Agreement shall be an appropriate court of
competent jurisdiction in Pinellas County, Florida.
9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or
governmental regulation, either by the Owner or Construction Manager, shall be in writing unless
otherwise required by such law or regulation and shall be deemed to have been served and given
when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed
to the party hereto to whom directed, at the address specified in the Specifications,.
9.3 The language in this Agreement shall be construed according to its customary meaning within the
Florida building industry. Whenever used, the singular shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders.
9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party,
the remainder of the Contract Documents and the applicability of such provision to other persons or
parties shall not be affected thereby.
9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and
Owner are joint venturers or partners.
9.6 In addition to all other contract requirements as provided by law, the contractor executing this agree-
ment agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT
THE CUTODIAN OF PUBLIC RECORDS AT 727 - 562 -4092,
Rosemarie .Call @myclearwater.com, 112 S. Osceola Ave., Clearwater, FL
33756
Page 9 of 12
The contractor's agreement to comply with public records law applies specifically
to:
a) Keep and maintain public records required by the City of Clearwater
(hereinafter "public agency ") to perform the service being provided by the
contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided for in Chapter 119, Florida Statutes, as may be
amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the public agency.
d) Upon completion of the contract , transfer, at no cost, to the public agency
all public records in possession of the contractor or keep and maintain public
records required by the public agency to perform the service. If the
contractor transfers all public records to the public agency upon completion
of the contract, the contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's
contract for services must be made directly to the public agency. If the
public agency does not possess the requested records, the public agency
shall immediately notify the contractor of the request and the contractor must
provide the records to the public agency or allow the records to be inspected
or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does
not comply with the public agency's request for records, the public agency
shall enforce the contract provisions in accordance with the contract.
Page 10 of 12
g) A contractor who fails to provide the public records to the public agency
within a reasonable time may be subject to penalties under Section 119.10,
Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public
records relating to a public agency's contract for services, the court shall
assess and award against the contractor the reasonable costs of
enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to
comply with the public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff
provided written notice of the public records request, including a
statement that the contractor has not complied with the request, to the
public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's
custodian of public records and to the contractor at the contractor's address
listed on its contract with the public agency or to the contractor's registered
agent. Such notices must be sent by common carrier delivery service or by
registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in
an electronic format.
j) A contractor who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
Page 11 of 12
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
By: Liu,'
u,+A-4
William B. Horne II
Countersigned:
City Manager
By: — ,,e0ritr\Crt\t -t05
George Cretekos, 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).
Page 12 of 12
Attest:
Rosemarie CaII,
o form:
sistant City Attorney
ltiors L° oas4ro,c:4- o r ,
(Contractor)
I nn
By: �bfi JO r5c,hC11c61 (.(40- (Seal)
TRUTH -IN- NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act,
Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA),
Khvrs Ctjns$tut -kbr> 3 4nC
Contractor
hereby certifies
that wage rates, fringe rates and other factual unit costs supporting the compensation
for the CD or\ services of pc% (° Pi54ru�1 On,\ht.
to be provided under this Agreement, concerning CM 014 WIsk Servrr-c 4MA. 2') -I1.
are accurate, complete and current as of the time of contracting.
The hereby undersigned representative submits this certification that they are an
authorized representative of the proposer who may legally bind the proposer attest to
the accuracy of the information:
STATE OF F=-lccrcJq
II Authorized Signature
jCo c �lorsare�P
p C'eS�G� -Psn�
Printed Name
'6 — \(\f f' S rDns4FUd-i on ' k rk c
Title
Name of Entity /Corporation
COUNTY OF 4 111S borou.slr
The foregoing instrument was acknowledged before me on this 22-4 day of
_AULne— , 20 ILs , by ' -Or; IC-ANN-Sec najCI
(name of person whose si nature is being notarized) as the V gceert4 (title)
of .1.1 p rs rOn.&4rML t Dn + j r'1 [ . (name of corporation /entity), personally known
to me as described herein
did / did not take oath.
, or produced a
(type of identification) as identification, and who
Public
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Printed Name
My Commission Expires:
NOTARY SEAL ABOVE
ANN LOCKE
Notary Pi,Oifc - State of Ftor!1
My Comm, Expires Feb 27, 201
Commission # EF 0969915
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL FOR PROJECTS THAT MAY
EXCEED $1,000,000. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section
287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in
Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies
with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form
in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or
operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any
other apparatus of business or commerce; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner
will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are
placed on the Scrutinized Comp s with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Pe '" or bus' ss operations in Cuba and Syria.
uthorized Signature
Kor-i h-ors cl,r1c 0.n
Printed Name
Title
¥-11V 001)4'`:-1) s ))
Name of Entity /Corporation
STATE OF T-716 r
COUNTY OF W,11Sboroo1 In
The fore oing instrument was acknowledged before me on this Z2 day of Jt.tn t , 2014. , by
6 r Z 11 o rs ccr■ r1 l Ct ,n (name of person whose signature is being notarized) as the
J res t Gt €r1.4 (title) of 1`-AA Dr 5 ConS1-SVC4- 1 a n , -l✓1 c - (name of corporation/entity), personally
kno to me as described herein '( , or produced a (type of identification)
tificatio .1 d who did/did not take an oath.
Notary Public
Printed Name
My Commission Expires: 2 Z.cx �. '' __ Notary P ai';c - state of Ftar!.aa
,; My Comm. Expires Feb 27, 201
�. y�J�"t i35
NOTARY SEAL ABOVE 4 "� .9; ?" Commission # FF 096915
Airs LOCK€
AMENDMENT NO. 1
TO CONSTRUCTION MANAGER AT RISK SERVICES CONTINUING CONTRACT, DATED JUNE 15, 2016,
BETWEEN KHORS CONSTRUCTION. ("Contractor") AND THE CITY OF CLEARWATER ("City")
The City of Clearwater's RFQ #24-16 Construction Management at Risk Services for Continuing Contracts
will be for a four (4) year period. This contract will be from Aug 4, 2016 Aug. 4, 2020 and will be for
projects up to $2,000,000.
Khors Construction
By:
Name:
r akit,h
Title:
Date: 2/ 3/I