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CREST LAKE PARK RENOVATIONS - 39-2019 CMAR - PROPOSALWharton -Smith, Inc. CONSTRUCTION GROUP Proposal: Clearwater Project No. 39-2019 CMAR Crest Lake Park Date: February 20, 2020 TO: Art Kader, Interim Parks and Recreation Director City of Clearwater - Parks and Recreation Dept. 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756 RE: Crest Lake Park Renovations - Project No. 39-2019 CMAR Pursuant to your request Wharton -Smith is submitting a price quote for the renovations at Crest Lake Park, in Clearwater, FL. Our proposal includes all labor, materials, tools, equipment and supervision to renovate the existing 39 -acre park with updated playground equipment, rain gardens, sidewalks, bathrooms, pavilions, docks, volleyball courts, landscaping and irrigation. The cost for the park renovations as described above is $5,788,473.00 Scope of Work: As per the attached Wharton -Smith Clarifications, dated 2/20/2020. Cost Detail: Description Amount Cost of Work $4,523,911.00 Subtotal $4,523,911.00 General Conditions (or General Conditions/Supervision/Insurance/Bond) $676,873.00 Construction Management Fee $312,047.00 Contingency _5% $275,642.00 Guaranteed Maximum Price $5,788,473.00 Project Duration shall be _270_ calendar days from the date of the Notice to Proceed. 4912 W. La Salle Street, Tampa, FL 33607 I Phone: (813) 288-0068 1 Fax: (813) 288-0371 FL - CG C032669 I AL - 456841 LA - 52227 I MS - 18232MC I GA - GCCO 001333 I NC - 38755 I SC - G97817 I TN - 62419 I VA - 2705121584A 4sft Wharton -Smith, Inc. CONSTRUCTION GROUP If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Leroy Chin, Parks and Recreation Project Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Wharton -Smith, Inc. By: Prin ame: Tom Iarossi Date Title: General Manager /f is a -0 4912 W. La Salle Street, Tampa, FL 33607 I Phone: (813) 288-0068 I Fax: (813) 288-0371 FL - CG C032669 1 AL - 456841 LA - 522271 MS - 18232MC 1 GA - GCCO 0013331 NC - 38755 1 SC - 697817 ITN - 624191 VA - 2705121584A LIN LIN 1 2 3 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Page 1 of 1 4114141 Standardized CM GMP Estimate Template ESTIMATING WORKSHEET SUMMARY Wharton -Smith, k1C CONSTRUCTION GROUP Building Square Footage 1,047,600 SF Spec DESCRIPTION AMOUNT $/SF TOTAL Direct Costs 023000 Sitework and Demolition 0 $ 1.02 1,064,453 028200 Fencing 0 $ 0.03 32,150 029000 Landscaping & Irrigation 0 $ 0.84 875,098 030000 Cast in place concrete 0 $ 0.78 812,914 050000 Structural Steel 0 $ 0.00 4,061 061000 Rough Carpentry 0 $ 0.01 6,825 062000 Cypress Planks 0 $ 0.01 6,000 628000 Docks 0 $ 0.33 344,322 099100 Painting 0 $ 0.00 1,500 104000 Signage 0 $ 0.03 28,449 107000 Fire Extinguishers 0 $ 0.00 1,600 107005 Flammable Storage Cabinets 0 $ 0.00 2,613 108000 Canopy for Splash Pad 0 $ 0.03 26,200 110000 Playground Equipment & ADA Mulch 0 $ 0.16 166,317 115000 Volleyball Equipment 0 $ 0.00 3,678 119000 Lake Fountain 0 $ 0.04 36,847 124000 Site Furnishings - Installation 0 $ 0.01 5,460 124000 Site Fumishings - Material $ 0.05 48,000 124001 Adirondack Chairs & Tables 2,683 131200 Pre -fabricated Shelters & Termite Treatme 0 $ 0.26 273,279 135000 Splash Pad 0 $ 0.20 208,780 151000 Plumbing 0 $ 0.04 39,595 160000 Electrical 0 $ 0.64 668,687 Delete 16 pole light fixtures (32,000) VE for Light Fixtures (85,200) VE for Canopy use Clear Anodized (8,400) Delete one VFD at Lift Station (10,000) TOTAL DIRECT COSTS $ 4.32 4,523,911 Indirect Costs General Conditions $ 0.39 8.96% 405,168 Temporary Facilities $ - 205,595 General Liability Insurance $ 0.03 0.62% 34,180 Builder's Risk Insurance $ - 0.00% 0 Permits $ - 0.00% 0 P&P Bond $ 0.03 0.58% 31,931 SUBTOTAL $ 4.96 5,200,784 CM Contingency $ - 3.00% 0 Owner Contingency $ - 3.00% 0 Subtotal $ 4.96 5,200,784 $ - Fee $ 0.30 6.00% 312,047 Guaranteed Maximum Price $ 5.26 5,512,831 Construction Project Schedule to be 270 consecutive calendar days from Notice to Proceed !OWNER CONTINGENCY 5% $275,642 (COITAL: it O JEC t 7 j .7 An Page 1 of 1 r44. Crest Lake Park Renovation General Conditions - Labor Wharton-Smilh, Inc. CONSTRUCTION GROUP �.,„< wax 1m��®®mon OCT NOV DEC ------------ •-------_---- MONTH 1 2 3 4 5 6 7 8 9 10 Project Manager Sr Superintendent Project Engineer Project Assistant M--®®®®®®®®®® kR Total Hours 1,768 1,768 866 346 Hourl Rate $83.60 $100.33 $51.62 $37.94 Billable Totals 147,798 177,386 $ 44,706 13,128 SUBTOTAL: $ 383,018 1. Construction General Liability Insurance, Payment and Performance Bond is provided by the Contractor for the full GMP value. 2. Upon execution of the GMP, the general conditions amounts shown will convert to Lump Sum and be billed out as a fixed amount on a monthly basis divisible by the total duration of the project shown (per schedule). The labor rates above are auditable only to confirm the total hours used on the project, not to the composition thereof. 2/13/2020 Page 1 City of Clearwater Crest Lake Park GMP Estimate 02/20/2020 Clarifications Wharton -Smith, Inc CONSTRUCTION CROUP The Project • New Waterfront Park with Bathroom Building, Site Shelters, Playground Equip, Splash Pad, and other typical Park Accessories. • Precast Bathroom/Storage Building and 2 Pavilions, with Sidewalks and Signage through out park. • Docks and Boardwalks with associated handrails. • See schedule clarifications below. Our plan is to start activities in the pond, dog park and memorial first. Once the work in this area is done it will be turned over to the owner to maintain and the public to use while we complete the remainder of the park. General Items • Due to continuing inflationary pressures on the cost of goods and services, if Owner does not accept this GMP proposal by the 2/21/20 award date that the accompanying schedule is based on, Wharton -Smith, Inc. reserves the right to adjust the GMP based on market conditions in effect at the_time of final acceptance • The only price guarantee within the GMP is that of the proposed overall amount. There are no individual line item guarantees within. Individual line item savings in the GMP shall be addressed in accordance with the Agreement. • As it is understood that these drawings are complete for the purpose of the GMP proposal, should and increase in the proposal due to deviations from such intent and scope during document completion and / or City review, Wharton -Smith, Inc. will recommend possible economies in order to protect the GMP budget from increasing. If these economies are not accepted, the GMP shall be increased to cover the increased cost and the associated General Conditions, Insurances, Bonds, and Fee. • GMP based description, assumptions, clarifications for an item will take precedence over conflicting information in the plans, specifications, or other contract documents as it pertains to how it was qualified within the enclosed pricing. • AN work associated with hazardous materials including, but not limited to asbestos, lead, petrochemicals, arsenic, or any other hazardous material abatement, handling and/ or remediation is excluded. • Use of union labor / prevailing wage has not been considered in this GMP. • General Requirements labor/ General Conditions labor and material are based on the cost of the work and submitted within a given amendment as projected monthly estimates of reimbursable expenses and labor or material not otherwise carried by the Contractor in the estimate. Note, these costs are to serve as an overall estimate of GR/ GC labor and material required - and shall not be limited or fixed on a line item basis. Should over -runs occur on a given line item vs the estimated totals shown, budget transfers will be made to offset the differences elsewhere within the budget where savings may otherwise present themselves. • Upon execution of the GMP, the general conditions labor (staffing) will convert to lump sum and be billed out as a fixed amount on a monthly basis divisible by the total duration of the project shown per the contract schedule (and in accordance with the General Conditions Staffing Matrix included in the Guaranteed Maximum Price Amendment). The labor rates are then auditable only to confirm the total hours used on the project, not to the composition thereof. • Move -out or boxing of existing good or supplies. It is assumed all valuables will be properly stored, removed, or relocated away from the designated areas of construction prior to work commencing and replaced (by others) upon completion of the scope of work. • The fee reported is included as a fixed fee. No adjustments to fee shall be made due to items such as the use of ODP programs, contingency reconciliations, allowance adjustments, etc.. • Due to potentially conflicting statements throughout the general conditions applicable to warranty terms — we hereby define the warranty / correction period as 1 year from substantial completion for the purpose of this project. • Should it prove necessary, liquidated damages shall cap at a maximum of 50% of the state project fee (see Section 5.2 of the Owner Agreement). • Due to the expeditious nature by which this proposal was assembled, section 3.6 does not apply for the durations and contract thresholds established by the contract. Approval of bid solicitations are as previously presented to the Owner rep and thereby approved by virtue of the GMP submittal. • This proposal is based upon the contract documents (as qualified) and therefore the GMP will serve as the over-riding document vs anything stated in the City Specifications or elsewhere in conflict with the qualifications that should've otherwise been made part of this specific project during the design development stage (see Section 1.3 of the Owner Agreement). Page 1 of 3 Documents • Documents used to prepare this estimate are based on the 100% Construction Document set by Dix.Hite dated November 26, 2019 • We have not included any permit comments in this GMP. Permit comments/costs to be handled after GMP approval. Schedule ■ Baseline schedule includes 9 months of construction being managed as phased starts with phased turnovers. Insurances and Bonding • For all subcontractors with a contract in the amount of $100,000 or more subcontractor Payment & performance bonding has been included in the GMP • The Wharton -Smith Performance & Payment Bonding has been included on the Summary Page. • Standard General Liability Contractor Insurance coverage is also shown on the Summary Owner Costs • To eliminate confusion caused by duplication and/or omissions, the following costs have assumed to be held by City of Clearwater: • Impact fees, permits, and other fees charged by the County, SWFWMD, any State or Federal agencies • Utility meters and metering devices normally provided by the Utility Company • Any design and engineering costs Safety • Safety is critical - nothing is more disastrous than a severe injury on the project. Project Assumptions and Brief Narrative Site • No rock removal included in the GMP • No cost are included for repairing/installing an outfall structure from the Lake. ■ Tree protection is included for all remaining trees through out construction. • Trench drain at concrete steps is not included as no piping was shown to go to storm water system. Detail in plans is not correct. • Retaining walls have been deleted. Pond edge slope shall match grades on each side of deleted retaining walls. Landscaping and Irrigation • Quantities are based on landscape plan not plant schedule. • We have included an allowance of $8,000 for the 5 HP irrigation pump and dog house until a final one is selected. • All tree removal to removed by City of Clearwater. • All new trees to be provided by City of Clearwater. CM will unload trailer, set up temporary watering system, and install. Fencing • Dog park fence to remain as is, no new fence at this area. • All other wood fence per plans and specifications. Concrete • As per plans and specifications. • CM can not guarantee uniform coloring for the colored concrete sidewalks. We reserve the right for additional funds if colored concrete is not to architects satisfaction. All efforts will be made to properly mix colored concrete ingredients but we can not control atmospheric humidity which changes each day in Florida. • Caulking of sidewalk joints are not included. • We reserve the right for additional funds if changes need to be made to the precast structures, bathroom and two pavilions, due to the permitting process. Masonry • As per plans and specifications. Steel • Bollards are included at trash enclosure • Handrails at bathroom steps are included. Handrails to be 316 stainless steel. Page 2 of 3 Carpentry • Docks, boardwalks and overlooks to be performance specification based on Top Down construction method. Engineered Drawings are included. Info provided on structural drawings is not being used. • All cypress and cedar timbers to be rough sawn. Additional sanding and sealing is not included. Finishes • Drywall per plans and specifications.. • Stucco at dumpster enclosure to be 1/2" thick direct bond to CMU. No lath trims are included. • Painting is included at the following areas: fixed bollards, stucco, and existing park entry sign. • Sealing/staining of wood items is not included. Accessories Accessories include the following per Documents: • Bath and toilet accessories • Toilet partitions • Signage Equipment • Splash pad by Rock Star Pools with Compac equipment. Engineered drawings are included. Info provided on W drawings is not being used. • Volleyball nets and standards are included with rope borders. • One lake fountain is included by Capricorn 1500 with wind sensors and lights. Spray to 60' above water. Total cable length is 400'. FF&E ■ All Decorative Bollards at sidewalk, Trash Receptacles, Dog Depots, Bick Racks and Picnic Tables fumished by owner, CM to install. Fire Sprinklers ■ None Required Plumbing • Includes all bathroom building plumbing • Includes water line to splash pad equipment.. • PVC drainage system • Insulation and identification • Fixtures and equipment as specified - Shower Tower. Bathroom fixtures by Precast Building Subcontractor. Electrical • Fixtures and controls are per VE package from Envision Lighting Systems. • Distribution gear as specified • Fixtures, lamps, and mounting hardware as scheduled • Temp power as needed • We highly recommend changing to a 3 phase transformer. General Exclusions (items we assume would not be required for the project) - offered for Clarification • Contracting of subcontractors (or others) not acceptable to both Wharton Smith and City of Clearwater • Property survey • Any LEED Certifications • Unforeseen underground conditions • Removing or replacing unsuitable soils. All soils assumed to be acceptable for structural fill. • BIM • Should there be any conflict between these Clarifications and the GMP or any other contract documents, these Clarifications shall prevail. • Security watchmen • Offsite parking • Owner office facilities Page 3 of 3 Bond No.: PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR Wharton -Smith, Inc. Guignard SURETY OWNER name name 4912 W. La Salle Street 1904 Boothe Circle Tampa, FL 33607 Longwood, FL 32750 principal business address principal business address 813-288-0068 407-834-0022 phone number phone number City of Clearwater Dept. Parks & Recreation 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4824 PROJECT NAME: Crest Lake Park PROJECT NO.: #39-19 CMAR PROJECT DESCRIPTION: Renovation to Crest Lake Park located at 201 S. Glenwood Ave., Clearwater, FL 33755 BY THIS BOND, We, Wharton -Smith, Inc., as Contractor, and Construction Manager, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $31,931.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated 2/20/2020, between Contractor and Owner for construction of Crest Lake Park, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and Bond No.: PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, 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 Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this 20th day of February, 2020. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). (affix corporate seal) Wharton -Smith, Inc. By: Title: Area Manager Print Name: Tom Iarossi WITNESS: Print Name: (Corporate Surety) By: ATTORNEY-IN-FACT Print Name: (affix corporate seal) (Power of Attorney must be attached) GUIGNARD AN UNCOMMON BOND November 4, 2019 To Whom It May Concern, Re: Wharton -Smith, Inc. Dear Selection Committee Members, Guignard Company has been handling the bond requirements of Wharton -Smith, Inc. since 1986. Their bonds are placed with the Western Surety Company, a member of the CNA Surety Group, which has an available Best's Rating of A, XIV and a 2019 U.S. Treasury Listing of $153,381,000 and qualified to do business within the State of Florida. CNA has been providing bonds to Wharton -Smith, Inc. since 1986. The contact in the CNA Branch Office is Elio Sanchez at (407) 804-5931. Based on our knowledge of and experience with Wharton -Smith, Inc., we give this firm our highest recommendation. They have a reputation for excellent quality workmanship, prompt payment of bills and for completing projects on or before scheduled completion dates. Although each request is evaluated on its own merit and maximum limits have not been established, we would consider their bonding capacity pertaining to bid, payment, performance, and other bonds to be in the area of $150,000,000 for a single job with an aggregate program of approximately $900,000,000. If you have any questions or require additional information, please contact me at (407) 834-0022 or via email at bryce@guignardcompany.com Best regards, (sp-14-34-,, Bryce R. Guignard President 1904 Boothe Circle I Longwood, FL 32750 4z> 19-094 Crest Lake Park Document Log (Drawing # 'Title co--St�11lh_tI 1c. 0.00 Cover Sheet 0.02 TREE SAVE & REMOVAL PLAN 0.03 TREE SAVE & REMOVAL PLAN 0.04 TREE SAVE & REMOVAL LIST 0.05 Tree Protection & Fencing Plan 0.06 Tree Protection & Fencing Plan 0.07 TREE PROTECTION DETAILS C-100 STORMWATER POLLUTION PREVENTION PLAN C-101 STORMWATER POLLUTION PREVENTION PLAN NOTES C-102 STORMWATER POLLUTION PREVENTION PLAN DETAILS C-103 STORMWATER POLLUTION PREVENTION PLAN DETAILS C-104 EXISTING CONDITIONS PLAN C-200 MASTER DEMOLITION PLAN C-201 DEMOLITION PLAN C-202 DEMOLITION PLAN C-203 DEMOLITION PLAN C-204 DEMOLITION PLAN C-300 MASTER SITE PLAN C-301 SITE PLAN C-302 SITE PLAN C-303 SITE PLAN C-304 SITE PLAN C-400 MASTER GRADING AND DRAINAGE PLAN C-401 GRADING AND DRAINAGE PLAN C-402 GRADING AND DRAINAGE PLAN C-403 GRADING AND DRAINAGE PLAN C-404 GRADING AND DRAINAGE PLAN C-405 POND SECTIONS C-500 MASTER UTILITIES PLAN C-501 UTILITIES PLAN C-502 LIFT STATION DETAILS C-503 LIFT STATION DETAILS C-600 CITY STANDARD DETAILS C-601 CITY STANDARD DETAILS C-602 CITY STANDARD DETAILS C-603 CITY STANDARD DETAILS C-604 CITY STANDARD DETAILS C-605 CITY STANDARD DETAILS C-606 CITY STANDARD DETAILS C-600 ADS DETAILS C-607 DRAINAGE DETAILS LA1.00 Hardscape Callout Plan LA1.01 Hardscape Callout Plan LA1.02 Hardscape Callout Plan LA1.03 Hardscape Callout Plan LA1.04 Hardscape Callout Plan LA1.05 Hardscape Callout Plan LA1.06 Hardscape Callout Plan LA1.07 Hardscape Callout Plan LA1.08 Hardscape Callout Plan LA1.09 Hardscape Callout Plan LA1.10 Hardscape Callout Plan LA1.11 Hardscape Callout Plan LA1.12 Hardscape Callout Plan LA1.13 Hardscape Callout Plan 1 Construction Set I Latest Revision I Revision Date Page 1of3 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 19-094 Crest Lake Park Document Log (Drawing # JTitle I Construction Set I Latest Revision I Revision Date LA1.14 LA1.15 LA1.16 LA1.17 LA1.18 LA1.19 LA1.20 LA1.21 LA1.30 LA1.40 LA1.50 LA2.00 LA2.01 LA2.02 LA2.03 LA2.04 LA2.05 LA2.10 LA2.20 LA2.21 LA2.30 LA2.31 LA3.00 LA3.10 LA5.01 LA5.10 LA5.11 LA5.12 LA5.13 LA5.14 LA5.15 LA5.16 LA5.17 LA5.18 LA5.19 LA5.20 LA5.21 LA5.30 LA5.31 LA5.32 LA5.33 LA5.34 LA5.35 LA5.36 LA5.37 LA5.38 LA5.39 LA5.40 LA5.41 LA5.90 LA5.91 LA5.99 LA8.00 LA8.10 LA8.11 LA8.12 LA8.13 LA8.14 LA8.15 Hardscape Callout Plan Hardscape Callout Plan Hardscape Callout Plan Hardscape Callout Plan Hardscape Callout Plan Hardscape Callout Plan Hardscape Callout Plan Hardscape Callout Plan Playground Enlargement Callout Plan Splash Pad Enlargement Callout Plan Paving & Play Mulch Plan Hardscape Details Hardscape Details Hardscape Details Hardscape Details Hardscape Details Hardscape Details Hardscape Details Hardscape Details Hardscape Details Hardscape Details Hardscape Details Materials Schedule Furniture Schedule Landscape Plans Key Sheet Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Arboretum Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane Landscape Plan - Groundplane City Standard Landscape Details & Notes Plant Lists Landscape Specifications Irrigation Key Sheet Irrigation Plan Irrigation Plan Irrigation Plan Irrigation Plan Irrigation Plan Irrigation Plan Page 2 of 3 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/18/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 11/26/2019 (Drawing # ITitle Construction Set I Latest Revision I Revision Date I LA8.16 Irrigation Plan 11/26/2019 LA8.17 Irrigation Plan 11/26/2019 LA8.18 Irrigation Plan 11/26/2019 LA8.19 Irrigation Plan 11/26/2019 LA8.20 Irrigation Plan 11/26/2019 LA8.21 Irrigation Plan 11/26/2019 LA8.90 Irrigation Legend, Tables & Notes 11/26/2019 LA8.91 Irrigation Details 11/26/2019 LA8.99 Irrigation Specifications 11/26/2019 W1.00 Interactive Splash Pad Site Plan 11/26/2019 W.1.10 Interactive Splash Piping Plan 11/26/2019 W2.00 Interactive Splash Pad Plan 11/26/2019 W3.00 Piping Schematic & Material List 11/26/2019 W4.00 Equipment Area & Collector Tank 11/26/2019 W5.00 Interactive Splash Pad Electrical 11/26/2019 W6.00 Interactive Splash Pad Details 11/26/2019 S-1.0 Structural Notes & Specifications 11/26/2019 S-2.0 Site Structures - Structural Plans 11/26/2019 S-2.1 Site Structures - Structural Plans 11/26/2019 5-3.0 Deck Overlook - Structural Plans 11/26/2019 S-4.0 West Boardwalk - Structural Plans 11/26/2019 5-4.1 West Boardwalk - Structural Details 11/26/2019 S-5.0 East Boardwalk - Structural Plans 11/26/2019 S-5.1 East Boardwalk - Structural Plans 11/26/2019 S-5.2 East Boardwalk - Structural Details 11/26/2019 E0.01 LEGENDS AND GENERAL NOTES 11/26/2019 E1.01 ELECTRICAL SITE PLAN 01 11/26/2019 E1.02 ELECTRICAL SITE PLAN 02 11/26/2019 E1.03 ELECTRICAL SITE PLAN 03 11/26/2019 E1.04 ELECTRICAL SITE PLAN 04 11/26/2019 E1.05 ELECTRICAL SITE PLAN 05 11/26/2019 E1.06 ELECTRICAL SITE PLAN 06 11/26/2019 E1.07 ELECTRICAL SITE PLAN 07 11/26/2019 E1.08 ELECTRICAL SITE PLAN 08 11/26/2019 E1.09 ELECTRICAL SITE PLAN 09 11/26/2019 E1.10 ELECTRICAL SITE PLAN 10 11/26/2019 E2.01 ELECTRICAL RESTROOM FLOOR PLAN 11/26/2019 E2.02 ELECTRICAL PAVILION FLOOR PLAN 11/26/2019 E2.03 ELECTRICAL ENLARGED SITE PLAN 11/26/2019 E3.01 RISER DIAGRAM AND SCHEDULES 11/26/2019 E3.02 PANEL SCHEDULES AND CALCULATIONS 11/26/2019 P0.01 LEGENDS AND GENERAL NOTES 11/26/2019 P2.01 PLUMBING SANITARY VENT AND DOMESTIC WATER FLOOR P 11/26/2019 P3.01 PLUMBING DETAILS 11/26/2019 19-094 Crest Lake Park Document Log Page 3 of 3 4,4t, 19-094 Crest Lake Park Document Log ,RFI # ITitle Wharton -Sn J1h, Inc. CONSTRUCTION GROUP Date Submitted 001 Misc. RFIs - fountain power, canopy height, paint, etc. 002 Misc. RFIs - splash pad supports, anchors 003 Misc. RFIs - irrigation, splash pad drains, landscaping 004 Misc. RFIs - mulch, grounding, pump power 005 Misc. RFIs - entry sign footing, luminaires, wiring Page 1 of 1 12/30/2019 1/2/2020 1/17/2020 1/20/2020 1/21/2020 Response Date I 1/23/2020 1/23/2020 1/23/2020 1/29/2020 1/28/2020 Construction Manager at Risk Services Wharton -Smith, Inc. RFQ #39-19 — Crest Lake Park This CONTRACT made and entered into this 20th day of February 2020, by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City" or "Owner", and Wharton -Smith, Inc., a corporation authorized to do business in Pinellas County 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 to engage the services of a Construction Manager (CM) at Risk firm to provide management of the preconstruction and construction services (the "Services") as described herein for the Crest Lake Park Project; and WHEREAS, the City selected the Construction Manager in accordance with the competitive selection process based on information and representations given by the Construction Manager in a response to Request For Qualifications #39-19; and 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." All terms and 1 conditions as set forth in RFQ #39-19, Standard Terms of Conditions are incorporated by reference and attached hereto. Any inconsistency in documents relating to this Contract shall be resolved by giving precedence in the following order: (i) GMP Proposal(s); (ii) this Contract and any subsequent amendments; (iii) Specifications; and (iv) RFQ #39-19, Standard Terms and Conditions. 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 regulationsof all governmental authorities and departments thereof. Fi 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. 2 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: a) Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative and that summarizes the work of the various subcontractors. This report shall include 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 3.3Scheduling 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 3 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 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 4 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 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. 3.5Staffing - 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, 5 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. 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 6 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 7 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 less 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. The GMP for this Project is $5,788,473.00 as set for in the GMP Proposal which is incorporated by reference and attached hereto as an exhibit. 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; iii. 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 8 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 affected by written order. Documentation of changes shall be determined by the Architect -Engineer. Changes shall be approved by the Architect - Engineer. 4.2Construction 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: 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 $N/A shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. Preconstruction Services Proposals will be incorporated by reference and attached hereto as an exhibit. 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 $312,047.00. 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 9 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. 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. 10 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. 9.6The City's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds in a sufficient amount for the City to perform its obligations under this Contract, the City may terminate this Contract upon thirty (30) days written notice to the Contraction Manager. 11 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the date and year first above written. (Corporate Seal) Countersigned: — 1\aAtl4s George N. Cretekos Mayor Approved as to form: ,4:0-( Owen Kohler Assistant City Attorney WHARTON-SMITH, INC. BY:� Print Name: Title: WITNESS: By: To..,. S-qt,s s r Eq Vcdo4( Print Name: CITY OF CLEARWATER William B. Horne II City Manager Attest: Rosemarie CaII City Clerk 12